HomeMy WebLinkAbout03/07/1989 MEMO TO: Mayor and City Council
FROM: Dennis R. Kraft, Acting City Administrator
RE: Non-Agenda Informational Items
DATE: March 2, 1989
1. Pursuant to the October, 1987 agreement between the Ccunty
and the City, Muhlenhardt Road (C.R. 21N) North of County
Road 16 has been turned back to the City. The work required
by the City on the road has been completed by the County.
2. The Minnesota River Valley Chapter/Min.-esota Deer Hunters
Association has applied for a raffle (gambling) license.
They do meet the requirements of the City Code.
3. Attached is a letter Dave Hutton sent to the president of
the Maplewood Townhouse Association explaining the incorrect
address of the association.
4. Attached is a letter from Paul W. Wermerskirchen, Scott
County Recorder, regarding the filing of the Mini-bypass
T.H. 169/101 official map.
5. Attached is a letter I sent to Peter Huber at Canterbury
Downs relative to the issuance of an Administrative Waiver
to the Race Track for the construction of temporary horse
stall facilities.
6. Attached is the monthly calendar for March.
7. Attached is the Buy iress Updat=_ from City Hill which went
out with the Chamber's March Newsletter.
S. Attached are the March 9, 1989 agendas for the Board of
Adjustments and Appeals and Planning Commission.
9 . Attached are the February 9, 1989 minutes of the Board of
Adjustments and Appeals and Planning Commission meetings.
10. Attached are the February 24, 1989 minutes of the City
Council worksession.
11. Attached is the Building Activity Report for the month of
February.
DRK/jms
3
MEMO TO: Dennis Kraft, Acting City Administrator
FROM: David Hutton, City Engin
SUBJECT; Maplewood Townhouses
DATE: February 27 , 1989
INFORMATIONAL ITEM FOR COUNCIL
Attached is a copy of the letter I sent to the president of the
Maplewood Townhouse Association explaining the incorrect address
of the association, which he brought up at the public hearing on
the C.R. 17 Sidewalk Project.
SII
i
CITY OF SHAKOPEE 3'
INCORPORATED 1870 '-7----' --- -=-- - -- - - -- - -- 3
MINNESOTA 55379-1976 (612)"53650
129 EAST FIRST AVENUE,SNAKOPEE, February 24, 1989
Mr. Ted Claire
President, Maplewood Townhouse Association,
1405 10th Avenue
Shakopee, MN 55379
Dear Mr. Claire:
I appreciate your comments at the public hearing on February 21 ,
1989 indicating that the City has an incorrect address for those
properties within your association, located at 10th Avenue and
Marschall Road . I have looked into this matter and offer the
following explanation.
According to the final plat for this subdivision, all of the open
space is Lot 1 of Block 1 . All of the buildings and townhouses
were designated as separate lots, Lots 2-25. Lot 1 is actually
the only property that fronts on 10th Avenue and legally the only
one that could be assessed for the sidewalk.
The City of Shakopee receives our property ownership information
from the Scott County Recorder. Their current records indicate
that the owner of Lot 1 is the Maplewood Townhouse Association at
126 S. Holmes. If this is incorrect, I urge you to contact Scott
County to correct it. They will provide the City with any
ownership updates that may occur during the year.
Our rationale for not sending notices to all owners in the
complex was that since the association is in charge of all
maintenance of the grounds (grass , driveways, etc . ) and that
since all owners support the association, it was assumed that the
association would notify all residents. Again, legally the only
property that can be assessed for the sidewalk is Lot 1 , owned by
the association.
In retrospect , it may have been more considerate to send all
owners of the subdivision a copy of the notice and we will
certainly consider doing that on all future mailings.
Please contact me if you have any further comments or
suggestions.
Sincer
avid E. Hutton, P.E.
City Engineer
The Heart of Progress Valley
AN EWAL OPPORTUNITY EMPLOYER
PAUL WERMERSKIRCHEN
SCOTT COUNTY REGISTRAR OF TITLES
SCOTT COUNTY RECORDER
COURT HOUSE 113
SHAKOPEE, MN. 553791392 (612)4457750, Ext 141 _.
Chief Deputy Recorder
8 Registrar of Titles _
PAT 80ECKMAN February 28, 1989
Judy Cox Julius Coller
129 tat Ave E 211 1st Ave W.
S`.akopee, Ma. 55379 Shakopee, Mn. 55379
Pursuant to your request, this is formal notification that I have
attached this to the official map (Mini-bypass T.H. 169-101) .
After conversation with Gene R. Nelson, Sr. Land Surveyor, Minnesota
Department of Transportation: Judy Cox, Shakopee City Clerk; and
Julius Collar, Shakopee City Attorney, I determined that the filing
of this official map would be filed in the Miscellaneous Index only
and would not enter into the geographical tract index in abstract
property against specific relevant land and not entered as a memorial
on Registered or Torrens property on any specific real estate , because
no specific land was described by legal description.
�7
Paul W. Wenaerskirchen
Scott County Recorder/
Registrar of Titles
PWW/pb
An Equal Opportunity Employer
5
CITY OF SHAKOPEE �
INCORPORATED 1870
125 EAST FIRST AVENUE,SHAKOPEE, MINNESOTA 553791378 (612)x653650
F
I js.
February 28, 1989
Mr. Peter Huber
Director of Physical Plant
Canterbury Downs
1100 County Road 83
P.O. Box 508
Shakopee, MN 55379
RE: The
Raceissuance
of an for the Administrative
Construction of Waiver Canterbury
TemporaryHorse Stall
Facilities.
Dear Mr. Huber:
This letter is in response to your letter dated January 5,
1989 requesting an administrative waiver from the Planned Unit
Development (PUD) amendment requirements for the installation of
approximately 30, 000 sq. ft. of temporary horse stall facilities.
After reviewing your request along with the Planning staff,
I have decided to approve the Administrative Waiver on the same
basis as granted in 1988. Therefore, I am hereby granting you
the waier roceed
to
install vthe a temporary authorizing
zhorse you
stall pfaciliit esthsubjectyour plans
tothe
following conditions:
1. The temporary horse stall facilities must be located in the
areas between the existing barns as shown on the drawing
submitted with your February 8, 1988 letter.
2. The temporary horse stall facilities must be removed by
October 21, 1989.
3. Prior to the installation of any stalls, Canterbury Downs
must provide the city with either a letter of credit or a
certified check for $5,000.00 to be held by the City until
the time that the stalls have been removed. If the stalls
are not removed by October 21, 1989 the City will utilize
the funds to remove the stalls.
4 The ctemporary
lconnections, water connections rar cstalls ill have ns foundations,
electricaltrsewer
connections.
The heart OJ Progress Valley
RN E0.1 OVPoXiI/NITY EWWIO fl
5. The facilities will not be visible from roads outside of the
Canterbury Downs property.
6. All horse trailers must be parked in the area designed for
parking of horse trailers which is screened from adjacent
roadways.
7. The Building Inspector and the City Fire Chief will have the
right to inspect the stalls after they have been erected to
insure that no problems are in existence in relation to the
aisles between the horse barns. If any problems are
perceived by either the Building Inspector or Fire Chief the
stalls must be moved to comply with their requirements.
8. The stalls must be freshly painted and kept in a neat and
orderly manner.
If you have further questions, please feel free to contact
me at 445-3650.
Sincerely,
DennisR. Krafr
Acting City Administrator
DRK:trw
CC: Douglas K. Wise, City Planner
March 1989
UPCOMING MEETINGS
SUN MON TUE WED THU FRI SRT
1 2 3 4
1:00pm
Presentat-
ions by
Candidates
for City
Atty.
5 5 7 8 9 10 11
4:30pm 7:00pm City 7:30pm
Public Council Planning
Utilities Commission
12 13 14 15 16 17 18
7:00pm Comp 7:45am
Plan Downtown
Meeting Committee
5:30pm CDC
7:00pm
Energy &
Transp.
19 20 21 22 23 24 25
7:00pm 7:11p Itia Good Friday
Community Council - City
Recreation Hall
Closed
26 27 28 29 30 31
E sten
February Rpril
S M T W T F S S M T W T F S
1 2 3 4 1
5 6 7 8 9 10 1 1 2 3 4 5 6 7 8
12 13 14 15 16 17 18 9 10 11 12 13 14 15
19 20 21 22 23 24 25 16 17 18 19 20 21 22
26 27 28 23 24 25 26 27 28 29
30
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BUSINESS UPDATE FROM CITY HALL
Vol . 3 No. 3
Dear Chamber Member: March 1, 1989
ADMINISTRATION
The Shakopee City Council will be interviewing candidates for
City Attorney on March 1. Six firms have submitted proposals in
response to the City Council request.
BUILDING
On January 31, the Council officially adopted the Housing
Maintenance Program. The purpose is to improve and maintain the
safety and wholesomeness of the City housing stock. This program
requires all non-homesteaded rental dwellings to obtain a
Certificate of occupancy before a unit can be used as a
residence. The dwelling owner will have to submit an application
with fee to the City Building Department, and pass an inspection
before the Certificate is issued. (Owner occupied residences are
not included in this program at this time) .
Owners will be notified and sent an application when it is time
for them to enter the program. It will take about two years to
enroll all qualified properties. Once a building is in the
program, it will be up to the owner to resubmit the application
for renewal as specified on the Certificate. Penalties will be
assessed for non-compliance.
Questions should be directed to Newton Parker at 445-3650.
CITY CLERK
Council has appointed Debra Amundson and John Drees to the Energy
and Transportation Committee.
Council approved the Jaycees installing and selling advertising
signs at Tahpah Park.
COMMUNITY DEVELOPMENT
On February 7th, the City Council directed staff to negotiate an
agreement with Morley Bus Company for the provision of Dial-A-
Ride service in Shakopee. On February 15th, the Energy and
Transportation Committee reviewed the proposed Dial-A-Ride
contract between the City of Shakopee and Morley Bus Company.
Upon review of the contract the Committee is recommending Council
approval. The City of Shakopee is not proposing any changes in .
the current Dial-A-Ride service hours or service area as a result
of the change in providers.
COMMUNITY RECREATION (SCR)
SCR sponsored programs take place throughout the whole year, but
the most visible ones that occur in spring and summer outdoors
are the ones perhaps the public is most aware of. These include
youth and adult baseball and softball, swimming pool activities,
tennis, archery, playground games, and soccer. Registrations for
most of these activities (and others) will first take place at
the Shakopee Showcase, Monday, April 17th from 6:30 to 8:30 p.m.
at Canterbury Downs. If you live or work in this community you
are eligible to participate. For further information, call 445-
2742 .
ENGINEERING DEPARTMENT
On February 7, 1989 the City Council ordered plans and
specifications prepared for the construction of 5th Avenue from
Spencer Street to Market Street; Main Street from 6th Avenue to
5th Avenue and utilities in Market Street, from 4th Avenue to 7th
Avenue. In a related motion, the Council vacated 6th Avenue,
east of Main Street.
On February 21, 1989 the City Council ordered plans and
specifications prepared for the complete reconstruction of 3rd
Avenue, from Spencer to Shumway Streets and also several north-
south streets between 3rd and 4th Avenues.
The proposed project to install sidewalks along Marschall Road,
between 4th Avenue and 10th Avenue (east side) was tabled for
further information.
Y'
TENTATIVE AGENDA
BOARD OF ADJUSTMENTS AND APPEALS
Regular Session Shakopee, MN March 9, 1939
Chairman Forbord Presiding
1. Roll Call at 7:30 P.M.
2 . Approval of Agenda
3. Approval of February 9, 1989 Meeting Minutes
4. 7.30 P.M. PUBLIC HEARING: To consider a variance from City
Code Section 11.05, Subd. 11 G. 5. which requires the paving
of access drives within recreational vehicle parks.
Applicant: Wallace Bakken
Action: Variance Resolution #558
5. other Business
a.
b.
i
6. Adjourn
Douglas R. Wise
City Planner
NOTE TO THE B.O.A.A. MEMBERS:
1. If you have any questions or need additional information on
any of the above items, please call Doug Wise on the Monday
or Tuesday prior to the meeting.
2. If you are unable to attend the meeting, please call the
Planning Department prior to the meeting.
g
TENTATIVE AGENDA
PLANNING CCOMMISSION
Regular Session Shakopee, MN March 9, 1989
Chairman Forbord Presiding
1. Roll Call at 7: 30 P.M.
2. Approval of Agenda
3. Approval of the February 9, 1989 Meeting Minutes
4. 7.40 P.M. PUBLIC HEARING CONTINUED: To consider preliminary
plat approve of Heritage Place 2nd Addition upon the
property located South of Heritage Place Subd. and North of
Vierling Drive.
Applicant: Heritage Development of Minnesota, Inc.
Action: Recommendation to City Council
5. 7.50 P.M. PUBLIC HEARING: To consider amendment City Code
Sections 11.24 through 11.36 to govern the use of land for
day care facilities.
Action: Recommendation to City Council ,
6. 8:00 P.M. PUBLIC HEARING: To consider approval of a Planned
Unit Development to allow for the construction of four mini-
storage buildings.
Applicant: Lester Koehnen
Action: Recommendation to City Council
7. 8:10 P.M. PUBLIC HEARING: To consider a Conditional Use
Permit to construct a funeral home in a B-1 Zoning District.
Applicant: James and Juliet McNearney
Action: Conditional Use Permit Resolution T557
8 . Final Plat Kubes 2nd Addition
Action: Recommendation to City Council
9. Discussion:
a. Erosion Control Changes
b. Bakken - Building Dept.
C.
10. Other Business
a. Appoint City Council Liaison
b.
11. Adjourn
Douglas Wise
City Planner
NOTE TO THE PLANNING COMMISSION MEMBERS•
1. If you have any questions or need additional information on
any of the above items, please call Doug Wise on the Monday
or Tuesday prior to the meeting.
2. If you are unable to attend the meeting, please call the
Planning Department prior to the meeting.
BOARD OF ADJUSTMENTS AND APPEALS
Regular session Shakopea, Minnescca February 9, 1989
Chrmn. Rockne called the meeting to order at 7 :30 p.m. with vice
Chrmn. Foudray, Comm. Czaja, Stafford, Kahleck, Forbord and Allen
present. Also present: Doug Wise, City Planner and Julie
Kellerman, Planning Intern.
Czaja/Allen moved to approve the agenda with moving items 3
(Election of Officers) and 4 (Passing the Gavel) to the end of
the Planning Commission meeting. Motion carried.
Czaja/Stafford moved to approve the January 5, 1989 meeting
minutes. Motion carried with Chrmn. Rockne and Comm. Kahleck and
Allen abstaining.
PUBLIC HEARING - BARRY AND JANICE LUSIGNAN
Czaja/Foudray moved to open the public hearing to consider a
variance to build an addition 6'9" from the side lot line instead
of the required 10' at 1077 Minnesota Street. Motion carried.
City Planner stated that the applicants propose to build a 12'
addition to the side of their home; 619" from the side yard lot
instead of the required 101 . He stated that they have a need for
additional space.
Comm. Czaja questioned what the hardship of the applicants is.
City Planner stated that the applicants need to enlarge their
home and to allow for an entry to a master bathroom.
vice CHrmn. Foudray questioned whether or not there was a deck on
the side of the home now.
City Planner stated that there is an existing deck on the side of
the house and that the deck does not have to meet the same
setback requirements because it is not an enclosed structure.
Applicants, Barry and Janice Lusignan expressed their need for
additional kitchen space and stated that there is 40' between
their lot and the next lot. They believe that the addition would
make their house the same size as the other houses in the
neighborhood.
Comm. Czaja asked the applicants what their hardship was.
Applicants stated that they need additional space for their
family and that it is hard to construct a 819" addition to meet
-
the setback requirements. They would like to construct an
addition with even dimensions.
Board of Adjustments and Appeals
Page Two
Comm. Forbord questioned if there was a copy of the plat and if
there was a copy of what the proposed use is for the 11th Ave.
corridor.
City Planner explained that the existing 40' right of way still
remains between this house and the Meadows Addition which will be
used for a side walk or trail. The sidewalk/trail has not yet
been designed.
Chrmn. Rockne stated that if there is no hardship, they would in
effect be granting a privilege.
Comm. Stafford asked the applicants if a 819" addition would be
enough for a kitchen.
Applicants stated that they would prefer more. They asked if
they could go 81911 from the basement wall and build an overhang
of 3' .
The applicants were advised that this was not the right body to
determine whether or not something like that could be done.
Chrmn. Rockne entered a letter from Mr. and Mrs. Roger Schmeig
into record stating that they are in favor of the addition.
There were no further comments from the audience.
Foudray/Allen moved to close the public hearing. Motion carried
unanimously.
Foudray/Forbcrd moved to grant Variance Resolution #554 to allow
an addition to be built 619" from the side lot line instead of
the required 10' at 1077 Minnesota Street.
Vice Chrmn. Foudray stated that he didn't sae that the addition
would be detrimental even though the applicants did not show a
hardship.
Comm. Czaja expressed that anytime a variance is considered the
hardship must be considered. He feels that legally they have no
leg to stand on.
Motion denied unanimously.
Chrmn. Rockne informed the audience and applicant of the 7 day
appeal period.
If
Board of Adjustments and Appeals
Page Three
ANNUAL REPORT
Foudray/Forbord moved to accept the annual report as written.
Motion carried unanimously.
Foudray/Czaja moved to recess the meeting. Motion carried
unanimously. Meeting recessed at 8:09 p.m.
Foudray/Czaja moved to re-convene the meeting. Motion carried
unanimously. Meeting re-convened at 12:00 p.m.
Czaja/Foudray moved that the elected officers of the Shakopee
Planning Commission for 1989 and their respective offices also - -
serve on the Board of Adjustments and Appeals for 1989; namely
Terry Forbord, Chairman and Eugene Allen, vice Chairman. Motion
carried unanimously.
Rockne/Foudray moved to adjourn. Motion carried unanimously.
Meeting adjourned at 12: 10 p.m.
Andrea DeJoy
Recording Secretary
SHAKOPEE PLANNING COMMISSION
Regular Session Shakopee, Minnesota February 9, 1989
Chrmn. Rockne called the meeting to order at 8:09 p.m. with Vice
Chrmn. Foudray, Comm. Czaja, Stafford, Kahleck, Forbord and Allen
present. Also present: Doug Wise, City Planner and Julie
Kellerman, Planning Intern.
Czaja/Foudray moved to approve the agenda with moving items 3
(Election of Officers) and 4 (Passing of Gavel) to the end of the
agenda and adding an item for discussion. Motion carried.
Czaja/Foudray moved to approve the January 5, 1989 meeting
minutes. Motion carried with Chrmn. Rockne, Comm. Kahleck and
Allen abstaining.
PUBLIC HEARING - HERITAGE DEVELOPMENT OF MN, INC.
Foudray/Allen moved to open the public hearing to consider
preliminary plat approval of Heritage Place 2nd Addition upon the
property located South of Heritage Place Subd. and North of
Vierling Drive. Motion carried.
City Planner stated that the proposed development would
subdivide 31.5 acres into 105 lots.
City Planner stated that the City Engineer indicated that the jog
in Onyx Drive is not desirable, but that a more desirable option
may not be practical. He also stated that because Onyx and
Heritage streets are not aligned properly, staff recommends that
the street names be changed. He added that staff recommends that
Heritage Circle's name be changed as it does not meet with
Heritage Drive. The SPUC Manager has recommended that the water
line should be extended on Vierling Dr.
Chrmn. Rockne questioned whether or not easements were required
to be shown on the plat.
City Planner stated that they must be shown on a final plat and
it is not required on the preliminary plat. However, the
proposed easements are shown on the key drawing.
Comm. Forbord stated that he disagrees with staff regarding Onyx
and Heritage Dr. He feels that they could eliminate the jog and
that the proximity of the two streets coming on to Vierling is
not good common sense.
Comm. Kahleck asked about the park land located North of the
proposed subdivision.
City Planner stated that the Planning Staff does not recommend
additional park land because it already consists of 10 acres and
the school next to the park has 30 acres.
Shakopee Planning Commission
Page Two
Comm. Forbord stated that it is the Commission's obligation to
send the plat back to the applicant for redesign. There are two
potential bad intersections where Onyx and Heritage E. meet and
where Heritage and Vierling meet.
Comm. Czaja questioned where the danger was considering it is
local traffic.
Comm. Stafford stated that it may be local traffic, but it will
be heavy local traffic.
Dave Heller, Heritage Development, stated that the 105 lots would
be 'divided into 3 phases. He believes the development is
designed to the land's best use. He stated that the ordinance
calls for 60' lot requirements and that all the proposed lots
exceed the ordinance by being 75' and 801 . He added that they
could place stop signs in the traffic areas of concern or that
they could look at other options if necessary.
Dan Parks, Heritage Development, stated that the idea was to line
up through traffic from the North. He stated that curvilinear
streets were looked at but that it tends to make a lot of pie
shaped, dead end lots. He feels that he would lose 8 - 10 lots
if a curvilinear street was used.
An audience member that lives on Limestone Dr. questioned if
Heritage Development has been chosen as the sole developer of
this land.
1
City Planner stated that they are in the process of purchasing
the land now and that if they are the owners they are the
developers.
City Planner reviewed the Commission's options and recommended
that the hearing should be continued rather than recommending
denial of the preliminary plat.
Forbord/Allen moved to continue the public hearing to the March
9, 1989 meeting to consider preliminary plat approval of Heritage
Place 2nd Addition upon the property located South of Heritage
Place Subd. and North of Vierling Drive and that the applicant
must have their consultant alleviate the concerns of the off-
center intersection at Onyx Dr. and Heritage Dr. E. and eliminate
the intersection at Heritage E. and Vierling Dr. It was also
added that staff be directed to research the issues regarding the
park and the access to it.
Shakopee Planning Commission
Page Three
Discussion was held whether or not there were going to be any
twin homes in this development. There are no twin homes planned
for the plat.
Motion carried unanimously.
Czaja/Foudray moved for a 10 minute recess. Motion carried
unanimously.
PUBLIC HEARING - DAN BETTS AND PAUL WEBSTER
Foudray/Czaja moved to open the public hearing to consider a
Conditional Use Permit to allow a commercial recreation center
including video and pool games at 493 Marschall Road. Motion
carried.
City Planner stated that the proposed recreation center would be
located within the shopping center located So. of 4th Ave. and
No. of Eagle Creek Blvd. It would include 16 pool tables, a
small lounge, large screen TV and video games. There would be
two employees on duty at all times with the possibility of a
third.
He stated that the business must comply with the curfew for
minors under the age of 18 which is 10:30 p.m. There is also the
concern of possible use of drugs and alcohol. The Police Chief
has stated that the Police Dept. would control loitering outside
the facility and in the parking lot.
Applicant, Paul Webster of Bloomington stated that he would be
glad to answer any questions.
Comm. Czaja questioned whether or not there would be any food on
the premises and why the applicant is proposing a closing time of
3 :00 a.m.
The applicant stated that there would cnly be vending machines
and that he feels there is a need for people to have somewhere to
go after dinner or after the bars close and that the 3: 00 a.m.
closing time only applies to Friday and Saturday. He stated that
he needs to stay open to make any money and that the busiest
times he thinks will be from 8:00 - 9:00 p.m. on Friday and
Saturday nights.
Commission members expressed their concerns regarding the late
closing hours, but it was also mentioned that people who do shift
-
work often times are looking for something to do after work.
Comm. Kahleck asked who the primary cliental would be and stated
her concerns with kids hanging around the liquor store.
Shakopee Planning Commission
Page Four
The applicant feels that the primary cliental would be about 18
years old or older. He stated that he chose the west end of the
building because of the liquor store and that MGM will have to be
careful who they sell liquor to.
Comm. Forbord asked the applicant how he proposed to deal with
the potential problem in the parking lot in regards to the
. community and other businesses.
The applicant stated that it would be the same type of problem a
liquor store might have and that the police dept. will control
loitering outside the building. He stated he can't be inside and
outside at the same time.
Chrmn. Rockne entered a letter from Mr. Janish of Shakopee 84
Partnership into record stating "Our partnership has a convenient
shopping center on Marschall Rd. in Shakopee. We are also on
several other strip centers around the metro area. We are
against the permit for a recreation center at Eagle Creek Plaza.
We have found from past experience that a recreation center with
video games and pool games become a hang out for kids. We have
experienced rowdiness and drug problems. I wish to express my
concern and let you know that we are against this center. "
Comm. Forbord asked the applicant what the maximum number of
patrons the center could handle at full capacity would be.
The applicant stated approximately 150.
Comm. Czaja stated that the Fire Marshall would establish an
occupancy limit.
Harold Bohlen, owner of the mall, stated that he feels it all
comes back to a city problem. The way an establishment is run
from the beginning will determine how it will run. He stated
that if the applicant has a problem with loitering then he has a
problem. It is everyone's problem.
Forbord/Stafford moved to close the public hearing. Motion
carried unanimously.
Forbord/Foudray moved to approve Conditional Use Permit
Resolution #555 to allow a commercial recreation center including
video and pool games at 493 Marschall Road subject to the
following conditions:
1. The business shall comply with City Code Section 10.28
regarding curfew.
Shakopee Planning Commission
Page Five
2. The business shall comply with all Fire and Life Safety
Codes.
3. The business shall provide adequate adult supervision
at all times.
4. The business shall strictly enforce the following
rules:
a. No alcohol or drugs shall be allowed inside
said establishment.
b. No one under the influence of alcohol or
drugs shall be allowed inside said
establishment.
C. No gambling shall be allowed.
5. The business shall comply with City Code Section 10.60
regulating noise.
6. Conditional Use Permit Resolution #555 shall be subject
to a 6 month review by the Shakopee Planning
Commission.
Motion carried unanimously.
Chrmn. Rockne informed the audience and the applicant of the 7
day appeal period.
PUBLIC HEARING - EDWARD A. SCHMIDT III
Foudray/Allen moved to open the public hearing to consider a
Conditional Use Permit to allow a commercial recreation center at
125 East First Avenue. Motion carried unanimously.
City Planner stated that the proposed recreation center is
located next door to City Hall. He added that the same concerns
regarding curfew and drugs and alcohol as with the last
applicant, apply here too.
Ed Schmidt, applicant, stated that he owns the building for the
proposed site of the recreation center. He plans on having a
10:00 p.m. and 11:00 p.m. closing time so that he would not have
to deal with the curfew law. He feels his business will attract
a younger crowd.
Comm. Czaja questioned what the applicant would have inside.
The applicant stated that he proposes to have 6 pool tables,
foosball tables and video and pinball arcade.
Shakopee Planning Commission
Page Six
Comm. Kahleck asked the applicant about parking for the facility.
The applicant stated that he plans to encourage parking in the
rear and proposes to put a bicycle rack in the back.
Forbord/Czaja moved to close the public hearing. Motion carried
unanimously.
Czaja/Forbord moved to approve Conditional Use Permit Resolution
#556 to allow a commercial recreation center at 2.25 East First
Ave. subject to the following conditions:
1. The business shall comply with City Code Section 10.28
regarding curfew.
2. The business shall comply with all Fire and Life Safety
Codes.
3 . The business shall provide adult supervision at all
times.
4. The business shall strictly enforce the rules that were
submitted as part of the application for the CUP.
Those being:
a. No alcohol of drugs shall be allowed inside
said establishment.
b. No one under the influence of alcohol or
drugs shall be allowed inside said
establishment.
C. No gambling shall be allowed.
5. The business shall comply with City Code Section 10.60
regulating noise.
6. The business shall be subject to a 6 month review by
the Shakopee Planning Commission.
Motion carried unanimously.
Chrmn. Rockne advised the audience and applicant of the 7 day
appeal period.
APPROVAL OF ANNUAL REVIEW - J.T. SHIELY CO
City Planner stated that in January of 1985 a CUP was issued to
the J.L. Shiely Co. He stated that the permit requires an annual
review by the Planning Commission and every year the Shiely Co.
has provided the City with a report.
Shakopee Planning Commission
Page Seven
Comm. Czaja questioned why the report indicates that pumping was
done in November which is not within the stated time frame in the
permit.
Comm. Czaja also questioned why a Reclamation Committee was
formed approximately three years ago and as of yet no meeting has
been held. He stated that he would like to see a meeting held.
City Planner stated that he tried several times to get the
committee together and that some members did tour the facility in
July.
Comm. Forbord stated that he had reviewed a minimum of two memo's
regarding a meeting and stated that the applicant has called
repeatedly to see if anyone was interested.
Comm. Czaja asked if during their pumping operation, J.L. Shiely
Co. could pump some of the water towards Deans Lake.
Linda Schutz, J.L. Shiely Co. , stated that the company had to
pump water in November to lower the water level so ice forming
during the winter would not damage the pumping station. She
said, this year is a particularly unique situation due to the
construction at the Blue Lake Treatment Facility. She stated
that the Shiely Co. is going to take the excess rock from that
excavation and use it to make crushed stone for aggregate which
will mean that they will not expect to have to pump in February-
June because they won't have to be mining in the quarry. She
added that they will have to pump a little bit so as to not
overtop the pumping station. She also stated that the Shiely Co.
could entertain the idea of pumping water towards Deans Lake if
the City or Dean's Lake residents would pay for the extra cost.
Comm. Czaja recommended that pumping towards Deans Lake be an
item for the Reclamation Committee meeting.
Forbord/Stafford moved to approve the J. L. Shiely Co. annual
review required by Conditional Use Permit #375 and that approval
shall include the conditions that were agreed upon on the January
7, 1988 Planning Commission meeting. Motion carried unanimously.
Comm. Forbord suggested that staff be directed to set a meeting
for the Reclamation Committee to include Councilman Zak.
VACATION OF ALLEY NORTH OF TACO JOHN'S
City Planner stated that there is a petition for vacation of the
alley on Block 12 behind Taco John's. He added that the
restaurant's retaining wall encroaches on the alley. He stated
that the alley is presently unimproved and that the City has no
Shakopee Planning Commission
Page Eight
future plans for improving the alley.
Comm. Kahleck stated that there is a house directly behind Taco
John's that clearly uses that property and questioned how a
vacation would effect them.
Ci-" Planner stated that 1j2 oY the vacated alley would become
their property. The property has access from Clay Street.
Comm. Forbord stated that ignorance should not be the rule. He
feels that it is difficult to determine what the future plans for
the alley would be and that the city does not have a need to
vacate that alley. He stated that he doesn't think the city is
in the position to give up that alley because someone made a
mistake.
Comm. Allen questioned what would happen if the alley was not
vacated. What would happen to the wall?
City Planner stated that legally the city could require them to
move it, but that he didn't know what all the alternatives would
be.
Comm. Czaja stated that whether the wall was put there by mistake
or not is a legal issue. He feels that one needs to look at the
alley itself and its long term effect and whether or not it fits
in the overall city plan or comprehensive plan.
Foudray/Forbord moved to recommend to City Council that the
vacation of the alley located on Block 12 behind Taco John's be
denied. Motion denied. Chrmn. Rockne, Comm. Allen, Stafford and
Czaja opposed.
Czaja/Allen moved to recommend to City Council that the vacation
of the alley located on Block 12 behind Taco John's be approved.
Motion carried with Vice Chrmn. Foudray, Comm. Kahleck and
Forbord opposed.
YEAR END REPORT
Foudray/Allen moved to recommend to City Council that the
Planning Commission Year End Report be approved. Motion carried
unanimously.
DISCUSSION
City Planner stated that an audience member plans to request a
conditional use permit for an auto repair shop abutting a
dedicated public right of way. On the industrial road off of
13th Avenue East. He stated that 80 - 908 of the business would
be wholesale automobiles and that 10 - 208 of the cars would be
Planning Commission
Page Nine
sold directly to customers. He added that in the Shakopee
I-1 zone, retail sales are not a permitted use.
City Planner stated that the audience member wants to know before
he purchases the property and the CUP expense whether or not the
use in the zone of 10 - 20% sales to customers would be
permitted.
Chris Anderson, Eden Prairie, stated that he does not intend to
make a car lot out front. There would be no lights, etc. He
stated that he would plan to build a cement tilt up 8,800 sq. ft.
building. He claims that he would have only 1 - 2 cars a month
that would be retail sales where you would have to collect sales
tax.
Discussion was held regarding the fact that the proposed
applicant could not advertise his business but that no one could
stop him from selling a car if someone walked in to the shop.
City Planner stated that with the approval of the Shakopee Valley
Square PUD some concerns were raised with regard to the Building
Dept. procedure regarding the $7,500 deposit received of Mr.
Bakken. He added that a memo was prepared for their review.
Comm. Czaja raised some questions regarding LeRoy Houser's memo.
He questioned what happens to the conditions that are set in a
CUP and if Mr. Houser proposes that his department is not
responsible for policing zoning issues, who is in charge?
City Planner stated that the Planning Dept. is responsible for
checking on the conditions of a CUP, but that beyond checking for
compliance when a building permit is issued, they basically
respond to complaints unless an annual review is required.
Discussion continued regarding why they did not stick to the
letter about returning the $7,500 deposit upon completion of the
items.
Comm. Forbord stated that all discussions regarding this topic
are mute because there is no zoning or conformance officer in
this community and there will not be until the City Council hires
one.
Czaja/Allen moved to table until staff can provide answers to all
questions and give suggestions to prevent something like this
from happening again. Motion carried.
Dick VanTassel from the Backstretch RV Park stated that his
perception is that they are dealing with two separate sets of
rules. He stated that the Backstretch RV Park was not allowed to
open because they did not have the proper wall board. He stated
Shakopee Planning Commission
Page Ten
that they opened late and lost money their first year because
they went out of their way to comply with City requirements. He
stated that he saw another campground that was allowed to open
when it did not have one trash can, had improper lights, no
blacktop roads, etc. He wants to ensure that before this
campground reopens that it is done properly and done by the same
set of rules that he and his company had to conform to.
OTHER BUSINESS
City Planner stated that there were three options presented
previously in regards to appointing a City Council liaison. He
stated that perhaps a fourth option would be to just assign
someone to handle the next Council meeting and make a long term
decision after that.
Comm. Czaja recommended to table this issue.
Comm. Allen questioned what the role of a Planning Commission
member at a meeting would be. Would he/she be expected to be the
expert? He wondered what the role of staff is in this. He feels
that it is an inappropriate request on the part of the City.
City Planner stated that the purpose would be to have a second
voice to give further background in response to the issues.
Czaja/Stafford moved to table.
It was decided that City Planner would contact the Chairman of
the Planning Commission if there is something on the Council
agenda is felt that a member of the Planning Commission should be
there to address.
Motion carried unanimously.
Kahleck/Forbord moved to suggest that a letter of appreciation to
John Schmitt be written to thank him for his service if City
Council does not intend to already do so. Motion carried
unanimously.
ELECTION OF OFFICERS
Chrmn. Rockne opened nominations for Chairman of the Shakopee
Planning Commission for the 1989 session.
Kahleck/Allen nominated Comm. Forbord.
Czaja/Stafford nominated Vice Chrmn. Foudray.
i
Chrmn. Rockne asked if there were any other nominations three
times. There were none.
Shakopee Planning Commission
Page Eleven
Commissioner Forbord was elected Chairman of the Shakopee
Planning Commission for the 1989 session by a vote of 4 to 3 .
Chrmn. Rockne opened nominations for Vice Chairman of the
Shakopee Planning Commission for the 1989 session.
Czaja/Stafford nominated Comm. Allen.
Chrmn. Rockne asked if there were any other nominations three
times. There were none.
Chrmn. Rockne closed nominations. Hearing no other nominations,
he called for a unan-nous vote for Comm. Allen for Vice Chairman
of the Shakopee Planning Commission for the 1989 session. Motion
carried unanimously.
Foudray/Czaja moved to adjourn the meeting. Motion carried
unanimously. Meeting adjourned at 12:00 p.m.
Andrea DeJoy
Recording Secretary
is
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
WORKSESSION SHAKOPEE, MINNESOTA FEBRUARY 24, 1989
Mayor Lebens, Cncl.Vierling, Scott, and Zak met at 11:00 A.M. in
the Council Chambers at city hall. Also present were Dennis R.
Kraft, Acting City Administrator and Judith S. Cox, City Clerk.
Mr. Pat Minelli, Editor, Shakopee Valley News, was also present.
Cncl.Scott introduced Mr. Joseph Ihrke from the Carlson
Companies. Carlson Companies recently acquired the Minnesota
Valley Mall. Cncl.Scott explained that he had invited the new
owners to look at the possibility of building a hockey facility
at the Mall. One possibility being discussed is the Carlson
Companies building a facility and leasing it to the Hockey
Association.
Mr. Ihrke stated that he has met with Cncl.Scott regarding the
plans for the hockey rink and that he believes that things can be
worked out. He explained that his concern is who has the equity
behind the lease. He stated that they want strength in the
people behind the lease and that some questions need answering.
Discussion followed regarding the construction of a hockey rink
at the Minnesota Valley Mall. Also present for discussion were
Murray Williamson, member of The Minnesota Amateur Sports
Commission, Donna Hyatt, President of the Hockey Association, and
other members of the Hockey Association.
Although members of the Council supported a new hockey facility,
they expressed concerns of what, if anything, would be asked of
the City.
Mr. Ihrke explained that they have no plans to construct a hockey
rink at the Mall at this time. He explained that they have only
recently acquired the Mall and have many things that they are
working on right now. He said that he was present at the request
of Cncl.Scott and that he could put something together, but that
it would take 60 to 90 days. _
Meeting concluded at 11: 17 A.M.
Judith S. Cox
City Clerk
CITY OF SHA.KOPEE
BUILDING ACTIVITY REPORT
PERMITS ISSUED February, 1989
Yr. to Date Previous Year
Number Number Valuation Number Valuation
No. Ytd.
Single Fam-Sewered 5 5 368_950 1 3 242,800
Single Fam-Septic - - - 1 1 58, 000
Multiple Dwellings
(# Units) (YTD Units) (') (-) 45, 3GJ - - -
Dwelling Additions 2 5
Other - 1 98 , 000 - -
Comm New Bldgs _ _ 1 67,000
Bldg. Addns - -
-..:...-Industrial-Sewered -
Ind-Sewered Addns -
Industrial-Septic -
Ind-Septic Addns -
Accessory/Garages - 2 8,000 - -
Signs & Fences 1 5 2,940 5 5,060
Fireplaces/Wood Stove 1 1 700 1 1 3_800
Grading/Foundation - 1 1,348,695
Remodeling (Res) 5 5 40,790 2 4 12,850
Remodeling (Inst) -
Remodeling (Comm/Ind) 3 6 1,032 , 800 - 2 8,500
TGTAL TAX9BLE 17 31 2 ;946 , 17_ C 17 398, 010
TOTAL INSTITUTIONAL -
GRAND TOTAL 17 31 2 ,9:6, 1,,-5 5 -7 :32 , [17 '
No. Ytd. No. }3'
Variances 1 2 _ 1
Conditional Use 1 3 1 3
1 1
Rezoning _ -
Moving - 1
Electric 18 35 18 37
Plbg & Htg 12 25 18 28
Razing Permits I 1
Residential - - _ _
Commercial -
Total dwelling units in City after completion of all construction
permitted to date. . . . . . .4, 290
Cora Hullander
Bldg. Dept. Sec.
CITY OF SR_AROPEE
BUILDING PERMITS ISSUZD IN FEBRUARY, 1989
8087 Gardner Brothers x,1877 Heritage Drive House $ 59,900
8088 Eagle Creek Plaza 493 MarschalPRd. Alt. $ 6, 000
8089 Dwight Monsrud 2075 Bridge Crossing Wood $ 700
Stove
8090 Valley Fair One Valley Fair Dr. Addn. $1, 000,000
8091 Douglas Theis 2134 Muhlenhardt Rd.. Alt. $ 28, 000
,. 8092 Cancelled
8093 Amre Bldg. Systems 1127 Tyler St. Addn. $ 3, 600
8094 Signs of Quality 1131 MN Valley Mall Sign $ 400
8095 Merle Manthey 730 Menke Circle Alt. $ 1,200
8096 Rick Sames 300 E. lst Ave. Alt. $ 10, 000
8097 Daryl Uhrhammer 1160 Menke Circle Alt. $ 3,000
8098 Roger Kuechle 537 On Drive ��� House $ 112,000
8099 Novak-Fleck 111!yin�ta court House $ 54,000
8100 Novak-Fleck 125y_ ign c°ta St. House $ 74, 000
8101 Patio Village 1126 M nloe .St. Addn. $ 25,000
8102 Peter Sames 605 W. 7th Ave. Alt. $ 6, 000
8103 Gardner Brothers Xia;57'rp Court House $ 69,050
8104 Cy Carlson "836 W. 5th � � Alt. $ 2,590
TENTATIVE AG£P^A
REGULAR SESSION SHAKOPEE, MIFNESOTA MARCH 7, 1989
Mayor Dolores Lebene presiding
1] Roll call at 7:00 P.M.
2] Recess for H.R.A. Meeting
3] Re-convene
4] Liaison Reports from Councilmembers
5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS
61 Approval of Consent Business - (All items listed with an
asterisk are considered to be routine by the City Council
and will be enacted by one motion. There will be no
separate discussion of these items unless a Councilmember
so requests, in which event the item will be removed from
the consent agenda and considered in its normal sequence
on the agenda. )
*7] Approval of Minutes of February 21, 1989
8] Communications:
a] Rep.Becky Kelso re: bill dealing with tax increment '.
financing districts and school district's excess levy
referendum
b] Alton Gasper, Met Council, re: federal aid urban program
c] Donald Slater, League of Mn. Cities, re: cleaning up
dumps and litter along streams and rivers in Minnesota
9//J 5aa#west Ciomm,4;lies Cerhlion r/eef:ny
9] 7: 30 P.M. PUBLIC HEARING - Vacation of alley North of Taco
John's in Block 12, Shakopee City
10] Boards and Commissions:
Planning Commission:
a] Setbacks for Industrial Buildings Abutting A Railroad
Spur - Ord. No. 262
*b] Planning Commission/Board of Adjustment and Appeals 1988
Annual Report
Energy and Transportation Committee:
*c] Approval of Dial-A-Ride Contract
11] Reports From Staff:
a] City Administrator Selection Process
*b] Use of City Property Located Behind Gopher State
*c] Sewer Backup Claims Committee
d] T.H. 101 Shakopee Bypass (Southerly)
e] Approve the Bills in the Amount of $218, 563 . 02
f] 3rd Avenue from Spencer Stre_t to Shumway Street 1989-5
TENTATIVE AGENDA
March 7, 1989
Page -2-
11] Reports From Staff: (continued)
g] City Attorney Selection
h] Snow Removal from Sidewalks
12] Resolutions and Ordinances:
a] Res. No. 3020, Ordering Improvements to Marschall Road
b] Res. No. 3025, Recommending Funding for Street Construc-
tion in the State of Minnesota
*c] Res. No. 3026, Amending Refuse Collection Rates
131 Other Business:
a]
b]
c]
14] Adjourn to Tuesday, March 21, 1989, at 7:00 P.M.
Dennis R. Kraft
Acting City Administrator
TENTATIVE AGENDA
HOUSING AND REDEVELOPMENT AUTHORITY IN A:'D FOR THE
CITY OF SHAKOPEE, MINNESOTA
Regular Meeting March 7 , 1989
Chairman Gary Scott presiding
1. Roll Call at 7: 00 P.M.
2. Approve the Minutes of the February 7, 1989 Meeting
3 . Mebco - Resolution #89-1 - Setting a public hearing for
the issuance of I.D.R. Bonds.
4 . Other Business
a.
b.
5. Adjourn
Dennis R. Fraft
Executive Director
HOUSING AND REDEVELCPHENT AUTHORITY
REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 7, 1989
Chairman Scott called the meeting to order at 7:01 P.M. with
Comm.Zak, Wampach, Clay, and Vierling present. Also present were
Mayor Lebens; Dennis Kraft, Executive Director; Jsdith S. Cox,
City Clerk; David Hutton, City Engineer; Barry Stock, Admiris-
trative Assistant; and Julius A. Collar II, City Attorney.
Wampach/Vierling moved to approve the Minutes of January 3, 1989.
Motion carried unanimously.
Zak/Vierling moved to adjourn. Motion carried unanimously.
Meeting adjourned at 7:03 P.M.
Dennis R. Kraft
Executive Director
Judith S. Cox
Recording Secretary
MEMO TO: Shakopee Housing and Redevelopment Authority
FROM: Dennis R. Kraft, Executive Director
RE: Mebco I.D.R.B. Application
DATE: March 3, 1989
INTRODUCTION•
The Mebco Corporation has formally initiatad the process of
constructing a new manufacturing facility in the City of
Shakopee. The issuance of Industrial Development Revenue Bonds
is one of the tools the HRA informally agreed to provide to Mebco
in the event that they do located in Shakopee.
BACKGROUND:
The Mebco Corporation is a very large manufacturer of combs,
hair picks and related products. The HRA has received
information during the past few months about the Mebco
Corporation.
At this time the developer is requesting the City to set a
hearing for the issuance of Industrial Development Revenue Bonds.
As the BRA is aware, although the bonds will bear the name of the
City of Shakopee the City has no responsibility for bond debt
service.
In the near future Mebco will be on the agenda again for the
purpose of the provision of three years of tax increment
financing assistance as discussed and approved earlier by the
HRA. At this time Mebco is targeting early May as the time for
completion of both the IDRB and TIF processes and the issuance of
a building permit so that construction can start in May.
A resolution for setting the public hearing for the
Industrial Development Revenue Bonds is attached for your review.
ALTERNATIVES•
1. Approve Resolution No. 89-1 for the issuance of Industrial
Development Revenue Bonds.
2. Approve the setting of a public hearing for the issuance of
Industrial Development Revenue Bonds.
RECOMMENDATION•
It is recommended that the Housing and Redevelo_raent
Authority set a public hearing for the issuance of Industrial
Development Revenue Bonds for April 4, 1989.
ACTION REOUESTED:
Move to set a public hearing for the issuance of Industrial
Development Revenue Bonds for the Mebco Corporation on April 4,
1989 .
CERTIFICATION OF MINUTES RELATING TO
MEBCO INDUSTRIES, INC.
Issuer: City of Shakopee, Minnesota
Governing Body: City Council
Rind, date, time and place of meeting : A regular meeting,
held on Tuesday, March 7, 1989 , at 7: 00 o'clock P.M. ,
at the City Hall.
Members present :
Members absent :
Documents Attached:
Minutes of said meeting (pages) :
RESOLUTION NO. 89-1
RESOLUTION RELATING TO A PROJECT ON BEHALF OF
MEBCO INDUSTRIES, INC. UNDER THE MUNICIPAL
INDUSTRIAL DEVELOPMENT ACT; CALLING FOR A PUBLIC
HEARING THEREON
I, the undersigned, being the duly qualified and
acting recording officer of the public corporation issuing the
obliaat:ons referred to in the title of this certificate.
certify that the documents attached hereto, as described above,
have been carefully compared with the original records of the
corporation in my legal custody, from which thay have been
transcribed; that the documents are a correct_ and complete
transcript of the minutes of a meetiuc of the governing body of
the corporation, and correct and complete cooies of all
resolutions and other actions taken and of all documents
approvca by the governing body 3t the meetinc,i insofar as the7 relate to the obligacions; and that the meeting was duly held
by the govern Ong body at the time and place and was attended
thraughout by the members indicated above, pursuant to call and
notice of such meeting given as required by law.
WITNESS my hand officially as such recording officer
and the seal of the City this day of March, 1989 .
Judith Cox, City Clerk
(SEAL)
Councilmemh=_r introduced the
following resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION RELATING TO A PROJECT ON BEHALF OF
MEBCO INDUSTRIES, INC. UNDER THE MUNICIPAL
INDUSTRIAL DEVELOPMENT ACT; CALLING FOR A PUBLIC
HEARING THEREON
BE IT RESOLVED by the City Council of the City of
Shakopee, Minnesota (the City) , as follows:
SECTION 1
Recitals
1 . 1. Mebco Industries, Inc. , a Minnesota corporation (the
Borrower) , has advised this Council of its desire to acquire,
construct and operate a manufacturing facility comprising of
approximately four and one-half acres of land and a building of
approximately 60, 000 square feet, together with related
improvements and necessary equipment (the Project) . The
Project will be located in the City' s Minnesota River Valley
Housing and Redevelopment Project No . 1, and its address will
be , Shakopee, Minnesota.
1 . 2 . The City is authorized by Minnesota Statutes, Sections
469 . 152 through 465 . 165 (the Act) , to issue its revenue bonds
to '_irance cap4 '-a1 projects consisting of properties used and
useful in connection with a revenue-producing er.terara e. The
Borrower has requested the City to issue its revenue
obligations in an aggregate principal amount not exceeding
$2, 300, 000 (the Obligations) to finance a portion or all of the
cyst of the Project .
1 .3 . The City hereby declares its intention to issue the
Obligations to finance the Project, pending the completion of
the public hearing called in Section 2, receipt of a volume
allocation from the Minnesota Department of Trade and Economic
Development , and completion of all necessary documentation; and
the Borrower is authorized to proceed with acquisition of, and
expenditure of moneys to acquire and construct , the Project .
9012Y
SECTION 2
Public Hearing
2 . 1. Sactior. 469 . 154, Subdivision 4 of the Act requires that
prior to submission of an Application to t:e Minnesota
Department of Trade and Economic Development requesting
approval of the Project as required by Section 469 . 154,
Subdivision 3 of the Act, this Council conduct a public hearing
on the proposal to undertake and finance the Project. Section
147(f) of the Internal Revenue Code of 1986 and regulations
promulgated thereunder, requires that pri3r to this issuance of
the Obligations , this Council approve the Bonds and the
Project, after conducting a public hearing thereon. A public
hearing on the proposal to undertake and finance. the Project
through the issuance of the Bonds is hereby called and shall be _
held on 1989, at 7 : 00 P.M. , at the City
Hall .
2.2 . The City Clerk shall cause notice of the public hearing
to be published in the official newspaper of the City and in
the Star and Tribune, at least once not less than fourteen (14)
nor more than thirty (30) days prior to the date fixed for the
public hearing . The notice to be published shall be in
substantially the following form:
-2
NOTICE OF PUBLIC HEARING ON A PROPOSED PROJECT AND
THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE
OBLIGATIONS UNDER THE MUN_CIPAL INDUSTRIAL DEVELOPMENT ACT,
MINNESOTA STATUTES, SECTIONS 469. 152 - 469 . 165
CITY OF SHAKOPEE, MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of the City
of Shakopee, Minnesota (the City) , at its regular meeting to be
held on Tuesday, 1989 , at 7 : 00 P.M. , at the City
Hall, Shakopee, Minnesota, will conduct a
public hearing on a proposal that the City issue revenue
obligations, in one or more series, under the Municipal
Industrial Development Act, Minnesota Statutes, Sections 469 . 152
through 469 . 165, in order to finance all or a portion of the cost
of a project on behalf of Mebco Industries, Inc. , a Minnesota
corporation (the Borrower) . The proposed project will consist of
the purchase of approximately 4 1/2 acres of land and the
construction and equipment of an approximately 60 ,000 square foot
building and related improvements and equipment to be used as a
manufacturing facility. The project will be located in the
City' s Minnesota River Valley Redevelopment Project No. 1, at
Shakopee, Minnesota. The maximum
aggregate principal amount of the proposed issue is $2 ,300,000 .
The obligations will be limited obligations of the City, and the
obligations and interest thereon will be payable solely from the
revenues pledged to the payment thereof, except that such
obligations may be secured by a mortgage and other encumbrance on
the project. No holder of any such obligations will ever have
the right to compel any exercise of the taxing power of the City
to pay the obligations or the interest thereon, nor to enforce
payment against any prooerty of the City excect moneys payable by
the Borrower to the City and pledged to the payment of the bonds .
A draft copy Of the proposed Application to the
Minnesota Department of Trade and Economic Development for
approval of the project, together with draft copies of all
attachments and exhibits thereto, is available for public
inspection at the office of the City Clerk between the hours of
8:00 A.M. and 5 : 00 P.M. , on normal business days .
All persons interested may appear and be heard at the
time and place set forth above, or may file written comments with
the City Clerk prior to the date of the hearing set forth above .
Dated: March 7 , 1989 .
BY ORDER OF THE CITY COUNCIL
Judith Co., City Clerk
-3-
2 . 3. A draft copy of the proposed Application to the Minnesota
Department of Trade and Economic Development, together with draft
copies of all attachments and exhibits thereto, are hereby
ordered placed on file with the City Clerk and shall be available
for public inspection, following publication of the notice of
public hearing, between the hours of 8 :00 A.M. and 5 : 00 P.M. , on
normal business days .
Mayor
Attest:
City Clerk
(SEAL)
The motion for the adoption of the foregoing
resolution was duly seconded by Councilme.:ber
and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
whereupon the resolution was declared duly passed and adopted,
and was signed by the Mayor, whose signature was attested by
the City Clerk.
OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL
ADJ. REG. SESSION SHAKOPEE, MINNESOTA FEBRUARY 21, 1989
Mayor Lebens called the meeting to order at 7: 00 P.M. with Cncl.
Clay, Zak, Vierling, Wampach and Scott present. Also present
were Dennis Kraft, Acting City Administrator; Barry Stock,
Administrative Assistant; David Hutton, City Engineer, and Judith
S. Cox, City Clerk. Julius A. Caller II, City Attorney arrived at
7:40 p.m.
Clay/Vierling offered Resolution No. 3022, A Resolution of
Appreciation to John Schmitt for Outstanding Dedicated Service to
the City of Shakopee, and moved its adoption. Motion carried with
Cncl. Zak and Wampach abstaining.
Vierling/Zak offered Resolution No. 3023 , A Resolution of
Appreciation to Joe Ries for Outstanding Service and Leadership
in the Shakopee Fire Department, and moved its adoption. Motion
carried unanimously.
Richard Ellsworth, George M. Hansen, Company, P.A. ; was present
and gave a review of the Financial Statements and audit conducted
at Murphy's Landing. Cncl. Scott said that as an assurance for
the monies dedicated by the City there should be an annual audit
done by Murphy's Landing.
Liaison reports were given by councilmembers.
Mayor Lebens asked if there was anyone from the audience who
wished to address anything not on the agenda. There was no
response.
Vierling/Wampach moved to approve the consent business.
Rcll Call: Ayes: Unanimous
Noes: None Motion carried.
Clay/Wampach moved to approve the minutes of November 29, 1988 .
Motion carried with Cncl. Vierlina abstaining.
Vierling/Wampach moved to approve the minutes of February 7, 1989
and February 9, 1989. (Motion approved under consent business) .
Duane Wermerskirchen, Shakopee Jaycees was present and gave a
brief review of what they are planning regarding the selling of
advertising space on signs at Tahpah Park. He said the signs will
only be up during the summer and will be taken down in the fall.
All the signs meet the requirements of the City Code and permits
have been applied for. George Muncheow replied that he is
concerned with aesthetics and that they have done a good job
planning for the signs. Ye is not opposing the erection of
signs, but believes that ultimately there should be no signs on
fences. He suggested that Council be open so that they can take
Proceedings of the City Council
February 21, 1989 Page 2
a look at, whether or not to continue allowing signs in the park,
again in 3 to 4 years.
Vierling/Zak moved concurrence with the Jaycee's plan for signage
for Tahpah Park. Motion carried unanimously.
Vierling/Wampach moved to accept the Resignation of Sh- la A.
Carlson from the Downtown Committee with regrets. (Approved under
consent business) .
Wampach/Zak moved to receive and file the letter from Fred J.
Corrigan, MN. Good Roads, Inc. regarding tie Governor's Budget
Proposal - Motor Vehicle Excise Tax transfer for local property
tax relief. Motion carried unanimously.
Zak/Vierling moved to open the public hearing on proposed
sidewalk improvement to Marschall Road along the East side
between 4th and 10th Avenue. Motion carried unanimously.
1
The City Engineer reviewed the feasibility report on the proposed
sidewalk improvements. He said, according to the latest state
estimate, Marschall Road carries about 10, 000 vehicles per day.
The recommended improvements are constructing 5 foot wide
sidewalks. The total construction estimate plus contingency is
approximately $72, 500. Cncl. Scott said he has a concern over
the property taxes being high and he would like to go to the
County Board to request assistance in this matter, since this is
a County Road. He said that the Mt. Olive Church signed a
developers agreement petitioning the City to construct the
sidewalk and waiving their rights to a public hearing on the
assessment. The Brooks Superette also signed a petition
indicating that the City can construct the sidewalk an4 wai^ed
their rights also on a public hearing on the assessment. The
Century Plaza Square 3rd Developers Agreement requires
construction of the sidewalk and also the City has a letter of
credit which will expire July of 1989. The City Engineer
reviewed the two alternatives for assessing construction. One
would assess the retaining wall against all properties in the
area and another would assess the retaining wall against abutting
properties only. Mayor Lebens asked if there was anyone from the
audience who wished to address the proposed improvements.
The City Clerk read a letter from Super 8 Motel stating that the
construction of the sidewalk is the responsibility of the
Developer and there is a letter of credit on file to cover costs.
She read a letter also from the First United Presbyterian Church
saying it was their feeling that a sidewalk was not needed up as
far as the church at this time.
Prcceed'_ngs of the City Council
Frhruary 21, 1523 Page 3
Myrvin Secord, 511 W. with St. , stated that he believed the County
created the problem when constructing CR-17 and that they should
pay for the retaining wall.
John Nelson, said he does not feel there is a need for the
sidewalk going all the way up to the church at this time and also
with the construction of the bypass that it should be put on hold
until the final plans for that have been made.
Cletus Link, 12831 Link Dr. , he asked more about the letter of
credit that is on file. The City Attorney replied that the money
is there for the City to use when they are ready.
Ted Klehr, President of Maplewood Townhouse Association, said
there are several senior citizens living in the project and it
will put a lot of burden on people living with a fixed income.
Jerry Miller, 471 Marschall Road, said they have already put
sidewalks in and asked if they were going to be assessed. The
City Engineer said they will not be assessed.
Cncl. vierling said she favors the project and agrees that we
should talk with the County.
Cncl. Zak said he feels the City should look into the possibility
of renewing the letter of credit for four years, that the City
should check on what the County is doing, that little has been
said about safety and that he favors tabling for more data.
Clay/vierling moved to close the public hearing. Motion carried
unanimously.
Clay/Zak moved to table construction of sidewalks on the East
side of Marschall Road and direct staff to come back with more
information on the letter of credit and the County's Plans and
State Plans for the roadway as well as sending Cncl. Scott to the
County to see if they will contribute any money and also have
Police and Public Works come back with a report on the public
safety issue. Motion carried unanimously.
Scott/Wampach moved to have the City Engineer accompany Cncl
Scott when he speaks to the County Board regarding the sidewalk
improvements along Marschall Road. Motion carried unanimously.
Wampach/Zak moved to open the public hearing on proposed
improvements to 3rd Avenue between Spencer and Shumway and all
North-South streets between 3rd and 4th Avenues within these
project limits. Motion carried unanimously.
The City Engineer reviewed the feasibility report done for this
project. Holmes street was eliminated from this project. The
Proceedings of the City Council
February 21, 1989 Page 4
total cost estimate plus contingency based on 1988 bid prices is
approximately $1, 100, 000. Only 25% of the roadway and sidewalk
reconstruction would be assessed. Storm sewer will not be
assessed. Watermain will be a SPUC expense. The roadway and
sidewalk are the only issues that will be assessed. One
alternative he is recommending is to eliminate Shuaway between
3rd and 4th and replace it with Scott street between 2nd and 3rd.
The Mayor said that all assessments are spread over a 10 year
period. The Mayor asked if there was anyone from the audience
who wished to address this issue.
Emil Halden, corner of 3rd and Fuller, asked if he would be
assessed for both east and west and north and south sides. The
City Engineer answered only the front frontage would be fully _
assessed to him and the side will be spread out among properties
in the rest of the block.
Cncl. Clay expressed concern for the children from the catholic
school who play in the street during recess. He does not feel
that the rope that the school puts up across the street is very
safe. He feels more options should be looked into.
Mona Strunk, 103 E. 3rd, asked if the downtown Holmes street
redevelopment was shared with everyone in that block and also if
she will be assessed.
Lorraine Ries, 220 W. 3rd, asked if all the people in the block
of Fuller and Atwood would pay. The City Engineer answered that
for side streets everyone in the block would be assessed for
costs.
Ann Beckrich. Sommerville and 3rd, asked if there was a
possibility that the residents could know when the crew ;will be -
working on the roads because the noise is bothersome.
Mona Strunk, asked if she was responsible for shoveling the whole
width of her sidewalk in front. The City Engineer said the
property owner is responsible for the whole sidewalk and the City
i3 resn�ncble for the nodes on the corners.
Mayor Lebens asked if there was anyone else from the audience who
wished to address this issue. There was no response.
Vierling/wampach moved to close the public hearing. Motion
carried unanimously.
Clay/Vierling offered Resolution No. 3021, A Resolution Ordering
An Improvement and the Preparation of Plans and Specifications
for 3rd Avenue Between Spencer and Shumway Street ScGtt Street
Between 2nd Avenue and 4th avenue and Atwood, Fuller, Lewis,
Proceedings of the City Council
Feb-nary 21, 1989 Page 5
Sommerville and Spencer Streets be-ween 33rd and 4th Avenues
Project No. 1989-5 and moved for its adoption.
Roll Call: Ayes: Cncl. Clay, Vierling, Scott, Zak and Mayor
Lebens.
Noes: None
Abstain: Cncl. Wampach, because he owns property in the
area.
Scott/Clay moved for a 10 minute recess. Motion carried
unanimously.
Vierling/Scott moved to reconvene at 9:25 p.m. Motion carried
unanimously.
Vierling/Wampach moved to approve the Energy and Transportation
Committee's 1988 Annual Report. (Approved under consent
business) .
Vierling/Wampach moved to approve the Community Development
Commission and Downtown Committee's 1988 Annual reports.
(Approved under consent business) .
Vierling/Wampach moved to direct the appropriate City officials
to execute a contract extension agreement with Orr-Schelen-
Mayeron and Associates, Inc. of Minneapolis, MN to perform
surveying on the 5th Avenue Improvements Project for a fee not to
exceed $3 ,500.00.
Roll Call: Ayes: Unanimous
Noes: None Motion carried.
Clay/Vierling moved to approve the bills in the amount of
$1,374 , 050.45.
Roll Call: Ayes: Unanimous
Noes: None Motion carried.
Vierling/Wampach moved to authorize the police department to
nurchase six Motorola Syntor %9000 mobi'.s radios at a cost of
$17,820.48. (Approved under consent business) .
Vierling/Wampach moved to approve the Shakopee Refuse/Recycling
Contract Amendment #1 providing for an inflationary increase of
4% on July 15, 1990. (Halfway point of the contract period) .
(Approved under consent business) .
Wampach/Clay moved to appoint Cncl. Zak as liaison to the
Downtown Committee and Community Development Commission. Motion
carried unanimously.
Vierling/Wampach moved _o authorize the purchase of a Kurzweil
Model 5 Scanner from Software Marketing International of
Bloomington in the amount of $3 ,995. 00, plus $350.00 for
Proceedings of the City Council
February 21, 1989 Page 6
installation and training for a total price of $4, 345. 00, funds
to come from 1989 Capital Equipment budget. (Approved under
consent business) .
Discussion ensued on the First Preliminary Draft of An Agreement
for the Operation and Management of Murphy's Landing. The City
Attorney suggested that the councilmembers take their agreement
home and make any comments and submit them to him.
The City Engineer reported that the Commissioner of
Transportation is meeting with all District 5 City Engineers and
he explained the concerns he plans on addressing and invited
Councilmembers to let him know if they have any concerns they -
want him to mention.
Mayor Lebens read her response to an article in the Shakopee
Valley News in response to a letter from Commissioner Levine,
MnDOT, regarcing the mini bypass.
Cncl. Clay addressed the issue of the City enforcing the snow
removal guidelines. He said he believed that the Ordinance had
been changed to 36 hour limit of removing snow. Consensus was to
have staff look into this issue and bring back for review.
Scott/Zak moved to adjourn. Motion carried unanimously. Meeting
adjourned at 10: 00 p.m.
Judith S. Cox
City Clerk
Carol L. Schultz
Recording Secretary
Minnesota
Becky Kelso House of
District 36A ED
Representatives
Scott antl Carver Counties Committees:
Education
Health and Human Services,Vice Chair
Economic Development and Housing
Business Finance Subcommittee.
Vice Chair
Future and Technology
Long Term Health Care Commission February 22, 1989
The Hon. Dolores Lebens
Mayor, Shakopee School Board
538 - 4th Avenue
Shakopee, MN 55379
Dear Mayor Lebens: _
I feel that it is inportant that I communicate with all of the meters of the
Shakopee School Board and the Shakopee City Council regarding a bill that I
have introduced which deals with tax incremlent financing districts and school
district's excess levy referendum.
This bill says that funds that are realized in a TIF district will go to the -
school district. This differs from current statute which states that after
a certain date the two elected bodies must came to agreement on the funds, which
was the process that Shakopee went through this past year.
Representative Bob McBachern, chair of the House Education Committee, asked
me if I would be the chief author of this bill. Since it has the support of
AMSD (Association of Metropolitan School Districts) and MS13A (Association of
Minnesota School Boards Association) , I believe that if I do not choose to carry
it someone else undoubtedly will.
I want to assure you that my foremost goal in this bill is to make sure that
the agreement all of you supported will be grandfathered into any future legislation.
As the author of this bill, it will be much easier for me to keep track of this
agreement.
It has always been my position that school districts should receive the revenue
from an excess levy. I believe it is a matter of maintaining public trust in
the referendum process. It was my observation that the process for arriving
at an agreement regarding these funds was a very divisive one. In my opinion
the current legislation puts the local governmental units in an almost unavoidably
confrontational situation that is destructive for the entire community. Obviously
that is not good state policy, even though in our case the final agreement was
a fair one.
I would appreciate any of your thoughts on the subject.
Sinc y,
Becky Kelso
State Representative
Reply to: 0 32 State O6¢e Building,St.Paul,Minnesota55155 Office:(612)2964092
BKdp ❑ 151 S Shannon Drive,Shakopee.Minnesota 55379 Home:(612)645{6658
2805/1000
(W�
METROPOLMN COUNCIL mears Park Centre, 230 Ems,Fifth street, se Paw, AIN. 55101 612 291-6359
TRANSPORTATION ADVISORY BOARD
February 13, 1989
Commissioner, Department of Transportation
Chair, Regional Transit Board
Chair, Metropolitan Transit Commission
County Board Chairs
Mayor and Town Board Chairs
RE: Federal Aid 'Urban (FAU) Program
Dear Public Official:
The purpose of this letter is to inform you that the Transportation Advisory
Board will not be requesting project submittals for the Federal Aid Urban
(FAU) Program in 1989• The decision was based on the large number of projects
currently in the program that remain to be funded and the limited amount of
resources available to the program. We hope to be able to request project
submittals next year.
Sincerely,
Alton J. Gasper
Chair
AG:dpf
cc: City Engineers
County Engineers
ISIC-
183 University Ave.East
St.Paul,MN 55101.2526
League of Minnesota Cities (612)227.5600(FAY-221.0986)
November 29, 1988
Dolores Lebens
Mayor
538 W. Fourth Ave.
Shakopee, MN 55379
Dear Mayor Lebens:
Governor Perpich has appointed an interagency task force, consisting of
state agency commissioners and support staff, to address the problem of
cleaning up dumps and litter along streams and rivers in Minnesota.
The Interagency Clean Rivers Task Force has developed a number of
initiatives that will help rid Minnesota of these potentially dangerous
and unsightly dumps. A brochure is enclosed that explains the
Minnesota Clean Rivers Project.
Your help is needed to ensure the success of this program in your area.
The Governor will be issuing a -Mayor's Challenge- in the spring of
1989, to motivate communities to clean up a stretch of river in or near
their municipality. We encourage you to initiate and participate in
this worthwhile project. Not only will you develop community pride
from this effort, but you will be ridding the area of a potential
health hazards and an eyesore. We will keep you apprised of all new
developments with this event.
We also request that you, your city or local organizations, consider
the -Adopt a River Program," so Minnesota's rivers will never again be
subjected to the illegal dumping of trash and litter. This program
encourages groups to select a section of river which will become their
responsibility to periodically clean up a y enhance wildlife
habitat.
Please let us know if you are interested in participating in these
exciting proposals. For more information, please write to Minnesota
Clean Rivers Project, Box 52, 500 Lafayette Road, St. Paul, MN
55155-4052 or call (612) 296-0735.
S cerely, a
Donald A. Slater
Executive Director
C OU N TV O F CARVER
DEPARTMENT OF PLANNING 8 ZONING
Box 16 (612) 448-3435
600 E. 4th St. Ext. 260
Chaska, MN 55318 .
M0UT WmmT 4= MMUNZ1r2E9 =OALITZON
INVITATION TO A MEETING TO DISCUSS METROPOLITAN AND
LEGISLATIVE ISSUES AFFECTING THE SOUTHWEST AREA
TO: Mayors, Council Members, County Commissioners, Legislators, Metro
Council Representatives, Planners/Administrators of the Southwest
Area Communities
THURSDAY, MARCH 9TH, 5 :30-7:00 pm, COMMISSIONER'S MEETING ROOM
CARVER COUNTY COURTHOUSE, CHASKA
For the past several years the Southwest Camimities Coalition has sponsored a meet-
ing for the elected officials of the southwest metro area. The meeting will give
the Coalition the opportunity to update the communities on the past year's ac-
tivities and to discuss current Metropolitan issues. It also provides an oppor-
tunity for discussion of area issues with area Legislators and Metro Council repre-
sentatives.
The meeting is scheduled to begin at 5:30 pm, with a social period starting at 5:00
pm. Snacks will be available.
AGENDA
I. Welcome
II. John Boland
A. Review of past years activities - Transportation, Blue Lake Sewer Plant
B. Future Issues
III. Discussion
N. Adjourn
If you have any questions call Dave Dreelan at 448-3435 or Steve Hansen 937-1900.
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R G w R
SOUTHWEST COMMUNITIES COALITION
INVITATION TO A MEETING TO DISCUSS METROPOLITAN AND
LEGISLATIVE ISSUES AFFECTING THE SOUTHWEST AREA
TO: Mayors, Council Members, County Commissioners, Legislators, Metro
Council Representatives, Planners/Administrators of the Southwest
Area Communities
CHANGE IN MEETING DATE
THURSDAY, MARCH 16TH, 5:30-7:00 pm, COMMISSIONER'S MEETING ROOM
CARVER COUNTY COURTHOUSE, CHASKA
Due to a scheduling conflict with some of the communities, it has became necessary
to change the date of the Southwest Camunities Coalition Elected Officials meeting
from the 9th of March to the 16th of March at the Carver County Courthouse in
Chaska. If you have any questions, please contact Dave Drealan at 448-3435 ext 260.
MEMO TO: Dennis R. Kraft, Acting City Administrator /
FROM: Judith S. Cox, City Clerk
RE: Vacation of Alley North of Taco John's
DATE: March 1, 1989
INTRODUCTION:
The attached resolution vacates the alley in the block just
North of Taco John's.
BACKGROUND:
A public hearing has been set for March 7th, 1989 to
consider the vacation of the alley in Block 12, North of Taco
John's.
Taco John's was built in the summer of 1987. In conjunction
with the construction of Taco John's, a retaining wall was also
constructed to the North of Taco John's. This construction was
done without consulting city staff and does encroach into the
alley right-of-way. Rather than incur the cost of relocating the
retaining wall, the owner, Allen Plaisted, submitted a petition
to vacate the alley.
The alley has not been improved, and the City has no plans
for improving the alley. Because of the retaining wall, the
alley is not passable. The two homes built within this Block
both have access to Clay Street and one also has access to 1st
Avenue. Abutting property owners have received notice of the
public hearing.
If the alley is to be vacated, easel.-=.t rights must be
reserved 'because there is a watermain, electric line and gas main
located within the alley.
The Chief of Police, City Engineer, and Public Works
Superentendent have indicated that they have no problem with the
vacation. Shakopee Public Utilities does want easement rights
retained. The Planning Commission has considered the vacation to
determine if it is in conflict with the Comprehensive Plan and
have recommended that Council approve the request for vacation.
See attached memo from the City Planner.
ALTERNATIVES:
1] Vacate the alley in Block 12, retaining easement rights
2] Do not vacate the alley and require that the retaining -
wall be moved
3] Do not vacate the alley and allow the retaining wall to
remain upon City right-of-way
Vacation of Alley North of Taco Johns
March 1, 1989
Page -2-
RECOMMENDATION:
Staff recommends alternative number 1. The City has no
plans to improve the alley. There is no real need to retain the
alley and require Mr. Plaisted to inour the expense of moving the
retaining wall. Not vacating the alley and allowing the
retaining wall to be on City property does incur some liability
on the part of the City. There is no reason to consider this
alternative.
RECOMMENDED ACTIC74:
1] Hold a public hearing and determine whether or not the
alley serves a public purpose. If the alley does not serve a
public purpose, adopt the resolution vacating the alley.
2] Offer Resolution No. 3027, A Resolution Vacating the
Public Alley in Block 12, According to the Plat of Shakopee City,
Scott County, Minnesota, and move its adoption.
TACOJOHN
RESOLUTION NO. 3027
A RESOLUTION VACATING THE PUBLIC ALLEY IN BLOCK 12, ACCORDING TO
THE PLAT OF THE SHAKOPEE CITY, SCOTT COUNTY, MINNESOTA
WHEREAS, it has been made to appear to the Shakopee City
Council that the alley in Block 12, Shakopee City no longer
serves any public interest or use save and except for the
installation and maintenance of public utilities; and
WHEREAS, a public hearing to consider said vacation was held
in the Council Chambers of the City Hall in the City of Shakopee
at 7:30 p.m. on March 7, 1989; and
WHEREAS, two weeks published notice has been given in the
Shakopee Valley News and posted notice has been given by posting
such notice on the bulletin board on the main floor of the Scott
County Courthouse, and on the bulletin board in the Shakopee City
Hall; and
WHEREAS, all persons desiring to be heard on the matter were
heard at the public hearing in the Council Chambers in the City
of Shakopee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA:
1. That it finds and determines that the vacation
hereinafter described is in the public interest-.and
serves no further public need as an alley.
2. That all that part of the alley in Block 12, Shakopee
City, Scott County, Minnesota, be the same hereby is
vacated.
3 . That the City reserves, however, to the City of
Shakopee its licensees and franchise holders a 16 foot
wide perpetual easement on, under and over the said
vacated alley for utilities with the right to install,
maintain, repair, lay and relay the utilities by the
City, its licensees and franchise holders.
4. After the adoption of the Resolution, the City Clerk
shall file certified copies hereof with the County
Auditor and County Recorder of Scott County.
Adopted in Regular Session of the City Council of the City
of Shakopee, Minnesota, held this day of March, 1989 .
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of 1989.
City Attorney
MEMO TO: Judy Cox, City Clerk
FROM: Douglas K. Wise, City Planner
RE: Vacation of Alley North of Taco John's
DATE: February 27, 1989
INTRODUCTION•
At their meeting on February 9, 1989 the Planning Commission
reviewed the proposed vacation of the alley North of Taco John's
to determine whether or not the proposed vacation is consistent
with the City's Comprehensive Plan. The Planning Commission
passed a motion indicating to the City Council that the vacation
is not in conflict with the Comprehensive Plan and recommending
that the City Council approve the proposed vacation.
BACKGROUND:
As required by State Statutes the Planning Commission
reviewed the proposed vacation of the alley located North of Taco
John's in Block 12 of the Original City plat to determine if the
proposed vacation was in conflict with the City's Comprehensive
Plan.
The City staff indicated to the Planning Commission that the
existing alley is not improved and that the City has no future
plans for improvement of the alley. The staff also indicated
that there are existing utilities on the alley right-of-way and
that a condition of the vacation would require easement
agreements for the utilities. The staff had recommended to the
Planning Commission that they pass a motion finding the vacation
of the alley not in conflict with the Comprehensive Plan. The
Planning Commission discussed the proposed vacation in sone
detail and a cony of the minutes from the February 9, 1589
meeting reflecting the discussion and action taken by the
Planning Commission is attached.
A motion was offered and seconded to recommend to the City
Council that the proposed vacation be denied, this motion failed
on a vote of 3 to 4 . A second motion was then offered
recommending to the City Council that the vacation of the alley
be approved, this motion was approved on a vote of 4 to 3 .
FC--_or../Stat___ _ to aCC_CIE _. _2_ ..- . anr..Ca'
Leyie r2guL Ea .�. — ycnal Use Permit -5 to - a_. ..
-_ . 3_
shall.v include_ r_-._i-ions that were agreed ony„he aan.•u=_r,.
7, 1503 Plzr ni Co7rizsicn mee_i ...tic: c_._ _._
Comm. Forbord suggested that staff be directed zo sat a Meeting
for the Recla:oatior. Cz---ittee_ to include Councilman Zak.
VACATION OF ATLE'' NORTH OF TACO JOHN'S .
City Planner stated that there is a petition for vacation of the
alley on Block 12 cehind Taco Jo`..^.'s . 5e added that the
restaurant's retaining wall encroaches on the alley. He stated
that the alley is presently unimproved and that the City has no
future plans for improving the alley.
Comm. Rahleck stated that there is a house directly behind Taco
.john's that clearly uses that property and questioned `.ow a
vacation would effect them.
City Planner stated that 1/2 of the vacated alley would become
their property. The property has access from Clay Street.
Comm. Forbord stated that ignorance should not be the rule. He
feels that it is difficult to determine what the future plans for
the alley would be and that the city does not have a need to
vacate that alley. He stated that he doesn't think the city is
in the position to give up that alley because someone made a
mistake.
Comm.. Allen quest?.oned what would happen if the alley was not
vacated. What would happen to the wail?
City Planner state:- that legally the city could re_c•aire . then t_
move it, but that he didn't know what all the alternatives would
be.
Comm. Czaja stated that whether the wall was put there by mistake
or not is a legal issue. He feels that one needs to look at the
alley itself and its long taru effect and whether or not it fits
_n the =rail city plan or comprehensive plan.
Foudray/Forbord moved to recommend to City Council that the
vacation of the alley located on Block 12 behind Taco John's be
denied. Motion denied. Chrmn. Rockne, Comm. Allen, Stafford and
Czaja opposed.
Czaja/Allen moved to recommend to City Council that the vacation
of the alley located on Block 12 behind Taco John's be approved.
Motion carried with Vice Chrmn. Foudray, Comm. Rahleck and
Forbord opposed.
YEAR END REPORT
Foudray/Allen moved to recommend to City Council that the
Planning Commission Year End Report be approved. Motion carried
unanimously.
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MEMO TO: Dennis R. Kraft, Acting City Administrator
FROM: Douglas K. Wise, City Planner
RE: Setbacks for Industrial Buildings Abutting a Railroad
Spur
DATE: February 27, 1989
INTRODUCTION•
At their meeting on January 17, 1989 the City Council
received from the Planning Commission a recommendation that the
current City Code requirements for a 30' rear yard setback in the
I-1 and I-2 Zoning Districts be amended to allow a 20' rear yard
setback for buildings abutting a railroad spur. At the January
17th meeting, the City Council reviewed the recommendation of the
Planning Commission and passed a motion directing the City
Attorney to draft an ordinance amending the Code as recommended
by the Planning Commission. Attached is the Ordinance drafted by
the City Attorney.
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. Because the building was constructed with a
20' rear yard setback, the City Council directed the Planning
Commission to review the City Code to determine if setback
requirements adjacent to railroad tracks needed 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 301 .
At their meeting on January 5, 1989 the Planning Commission
held a public hearing on a proposed amendment to the City Code
that would allow a 20' rear yard setback for buildings abutting a
railroad spur in the I-1 and I-2 Zoning Districts. Following the
public hearing the Planning Commission passed a motion
recommending to the City Council that the City Code be amended to
allow the 20' rear yard setback for buildings abutting a rail
road spur in the I-1 and I-2 Zoning Districts.
At their meeting on January 17, 1989 the City Council
reviewed the recommendation of the Planning Commission and passed
a motion directing the City Attorney to draft an ordinance making
the Code change as recommended by the Planning Commission.
Attached is the Ordinance drafted by the City Attorney.
ALTERNATIVES•
1. The City Council could offer and approve Ordinance #262
amending the City Code to allow a 20' rear yard setback for
buildings abutting a railroad spur in the I-1 and I-2 Zoning
Districts.
2. The City Council could offer and pass a motion to not adopt
Ordinance #262 and thereby retain the existing 30' rear yard
setback in the I-1 and I-2 Zoning Districts for buildings
which abut a railroad spur.
3. The City Council could change Ordinance #262 to require a
different setback requirement in the I-1 and I-2 Zoning
District and approve Ordinance #262 with the change.
RECOMMENDATION•
The Planning Commission and City staff have both recommended
alternative #1.
ACTION REODESTED:
offer and pass Ordinance #262 amending the City Code to
allow a 20' rear yard setback for buildings abutting a railroad
spur in the I-1 and I-2 Zoning Districts.
CONSENT �o b
MEMO TO: Dennis R. Kraft, Acting City Administrator
FROM: Douglas K. Wise, City Planner
RE: Planning Commission/Board of Adjustment and Appeals
1988 Annual Reports
DATE: February 28, 1989
INTRODUCTION•
In accordance with City policy, the Shakopee Planning
Commission and Board of Adjustment and Appeals has completed
their 1988 Annual Reports for the City Council's review and
approval.
BACKGROUND•
On February 9, 1989, the Shakopee Planning Commission and
Board of Adjustment and Appeals moved to recommend to City
Council approval of their 1988 Annual Reports. Attached are
copies of the reports.
ALTERNATIVES•
1. Move to approve the Planning Commission and Board of
Adjustment and Appeals 1988 Annual Reports.
2. Do not approve the 1988 Planning Commission and Board of
Adjustment and Appeals Annual Reports.
RECOMMENDATION•
Staff recommends alternative #1.
ACTION REQUESTED:
Move to approve the Planning Commission and Board of
Adjustment and Appeals 1988 Annual Reports.
� 6 �
Community Development Report
Year End Report 1988
Planning Division: Responsible for providing information
regarding land use regulations for the
public, reviewing land development
applications for compliance with City Codes
and preparing reports and recommendations for
the Planning Commission and City Council.
Employees: Position: Name:
City Planner Douglas Wise
Secretary Toni Warhol
Activities: 1984 1985 1986 1987 1988
Variances &
Appeals 10 22 12 22 13
Conditional
Use Permits 20 40 31 17 26
Plats 6 17 4 12 9
Rezoning 6 6 4 5 2
Code Amend- 11 4 13 3 8
ments
PUD's 4 1
Special
Actions 24 38 17 13 16
Totals 77 127 81 76 75
l �
1988
ANNUAL REPORT
BOARD OF ADJUSTMENT AND APPEALS
Shakopee, Minnesota
DATE ACTION
Feb. 4th Variance Resolution No. 519: Request to allow a
6' front yard setback to alter an existing sign,
instead of the required 10' setback at 1221 East
4th Ave. Public Hearing held. Denied.
April 7th Variance Resolution No. 525: Request for the
following: 1) to permit 16 parking spaces instead
of the required 25, 2) to allow a 3' front yard
setback for parking instead of the required 151 ,
3) to allow a 2' rear yard setback for parking
instead of the required 3' and 4) to allow the use
of metal siding to match the existing structure
for the property located at 931 Bluff Ave. Public
Hearing held. Approved with conditions.
April 7th _Variance Resolution No. 523: Request to allow a
10' rear yard setback instead of the required 30'
setback for the property located on the proposed
Lot 4, Block 1, Hentges let Addn. Public Hearing
held. Denied.
April 7th Variance Resolution No. 524: Request to allow a
5' side yard setback (instead of the required 101)
and a 7' front yard setback (instead of the
required 301) to construct an attached double
garage upon the property located at 314 E. 8th
Ave. Public Hearing held. Denied. Appealed to
CC June 7th. Upheld.
May 5th Variance Resolution No. 526: Request to allow a
22 1/2' front yard setback (instead of the
required 301) to construct a single family
dwelling upon the property located at 1175 Menke
Circle. Public Hearing held. Approved.
August 4th Variance Resolution No. 535: Request for a
variance to construct a roller coaster 15' North
of highway right-of-way instead of the required
70' setback upon the property located at One
Valleyfair Drive. Public Hearing held. Approved
with conditions.
1° Pr
DATECA TION
August 4th Variance Resolution No. 536: Request for variance
to: 1) permit 14 parking spaces instead of the
required 17 and 2) to allow a 1' side yard setback
for parking instead of the required 3' upon the
property located at 1038 - 1st Ave. East. Public
Hearing held. Approved the 14 parking spaces.
Sept. 8th Variance Resolution No. 537: Request for
variances to construct a car wash at 612 East
First Ave. Public Hearing held. Denied.
Appealed to CC Nov. 1st. Approved by City
Council.
Sept. 8th Appeal Resolution No. 539: An appeal of the
interpretation of the Sign Ordinance regarding
placement of a temporary real estate sign at the
intersection of CR 16 and Vierling Dr. Public
Hearing held. Approved.
Sept. 8th Appeal Resolution No. 538: An appeal of the
interpretation of the Sign Ordinance that striping
on the canopy fascia whether lighted or not is
considered by the City to be a part of the signage
based upon the City Code definition for the
property located at 1155 - lst Ave. E. Public
Hearing held. Approved.
Nov. 3rd Variance Resolution No. 548: Request to place an
accessory building nearer the front lot line than
the principal building at 8050 E. Hwy 101.
Public Hearing held. Approved.
Nov. 3rd Appeal Resolution No. 549: An appeal of staff's
interpretation of the City Zoning Ordinance
regarding the definition of front yard as it
applies to the property located at 1064 South
Marschall Road. Public Hearing held. Denied.
Nov. 3rd Appeal Resolution No. 550: An appeal of staff's
interpretation of the City Zoning Ordinance
regarding the definitions for Class I and Class II
Restaurants as they apply to the property located
at 221 East First Ave. Public Hearing held.
Overrode staff's interpretation. Approved.
16
Respectfully submitted,
Dave Rockne, Chair
Dave Czaja
Gene Foudray
John Schmitt
Terry Forbord
Clifford Stafford
Eugene Allen
Aj
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1988
ANNUAL REPORT
SHAKOPEE PLANNING COMMISSION
Shakopee, Minnesota
CONDITIONAL USE PERMITS
DATE ACTION
Jan. 7th conditional Use Permit Resolution No. 515: To
consider a Conditional Use Permit to construct a
tower addition in excess of 45' in height upon the
property located at 3303 East 4th Ave.
Certainteed Corp. Public Hearing held. Approved
with condition.
Jan. 7th Conditional Use Permit Resolution No. 516: To
consider a Conditional Use Permit to construct an
office addition within the Floodplain upon the
property located at One Valley Fair Drive.
Valleyfair. Public Hearing held. Approved with
conditions.
Feb. 4th Conditional Use Permit Resolution No. 517: To
consider a Conditional Use Permit to allow a home
occupation to operate a gutter installation
business upon the property located at 8450 Eagle
Creek Blvd. Steven Schmidt. Public Hearing held.
Approved with conditions.
Feb. 4th Conditional Use Permit Resolution No. 518: To
consider a Conditional Use Permit to move-in a
single family dwelling unit upon the property
located at 2220 Foothill Trail. Michael Schmid.
Public Hearing held. Approved with conditions.
March 3rd Conditional Use Permit Resolution No. 520: To
consider a Conditional Use Permit to move-in a
office building upon the property located at 7700
Highway 101. Northstar Auto Auction. Public
Hearing held. Approved with conditions.
April 7th Conditional Use Permit Resolution No. 521: To
consider a Conditional Use Permit to approve a 990
sq. ft. addition to a merchandise building & other
similar building additions within the floodplain
upon the property located at One Valleyfair Drive.
Valleyfair. Public Hearing held. Approved with.
conditions.
DATECA TION
April 7th Conditional Use Permit Resolution No. 522: To
consider a Conditional Use Permit to operate a
teen club upon the property located at 8576 Hwy.
101. Linda Smith and Kelly Herman. Public
Hearing held. Application was withdrawn.
May 5th Conditional Use Permit Resolution No. 527: To
consider a Conditional Use Permit for an
underground storage tank upon the property located
at 373 Canterbury Road. Earl Wiekle & Sons.
Public Hearing held. Approved with condition.
May 5th Conditional Use Permit Resolution No 528: To
consider a Conditional Use Permit to move-in a
single family dwelling upon the property located
at 2000 Marschall Road. Robert Mintz. Public
Hearing held. Denied.
May 5th Conditional Use Permit Resolution No. 529: To
consider a Conditional Use Permit for a fast food
restaurant and storage building and trash
enclosure upon the property located at 1107 E.
First Ave. Hardees. Public Hearing held.
Approved with condition.
June 9th Conditional Use Permit Resolution No. 530: To
consider a Conditional Use Permit for outdoor
storage of rock and stone products upon the
property located East of County Road 89 and South
of 13th Ave. N.W. Asphalt. Public Hearing held.
Approved with conditions.
July 7th Conditional Use Permit Resolution No. 532: To
consider a Conditional Use Permit to move-in a
principal building to be used as a classroom upon
the property located at the corner of C.R. 15 and
loth Ave. School District #720. Public Hearing
held. Approved with conditions.
July 7th Conditional Use Permit Resolution No. 531: To
consider a Conditional Use Permit to construct a
tower addition in excess of 45 feet in height upon
the property located at 800 West First Avenue.
Rahr Malting. Public Hearing held. Approved with
condition.
DATE ACTION
Aug. 4th Conditional Use Permit Resolution No. 534: To
consider the request for a conditional use permit
to move-in a temporary sales office upon the
property located at 8050 E. Hwy. 101. Allstate
Leasing Corp. Public Hearing held. Denied.
Appealed to City Council 9/6/88 - Upheld decision
of the P.C.
Aug. 4th Conditional Use Permit Resolution No. 533: To
consider the request for a Conditional Use Permit
for outdoor storage of transportation equipment
and a truck maintenance garage upon the property
located on C.R. 89 approximately 600' South of
13th Avenue. Prairie Line Inc. Public Hearing
held. Approved with conditions.
Sept. 8th Conditional Use Permit Resolution No 542: To
consider the request for a Conditional Use Permit
to expand the Blue Lake Waste Water Treatment
Facility at 6957 TH 101. Met Waste Control.
Public Hearing held. Approved with conditions.
Sept. 8th Conditional Use Permit Resolution No. 540: To
consider the request for a Conditional Use Permit
for outdoor storage upon the property located at
8855 - 13th Ave. E. Backstretch RV Park. Public
Hearing held. Approved with conditions. I.
Sept. 8th Conditional Use Permit Resolution No. 541: To
consider the request for a Conditional Use Permit
to construct storage tanks in excess of 45' in
height upon the property located at 4571 Valley
Industrial Blvd. Bush Lake Industries. Public
Hearing held. Approved with conditions. Appealed
to City Council 10/4/88. Approved w/PC conditions
with the addition of Condition #5 re: tanks
setbacks.
Oct. 6th Conditional Use Permit Resolution No. 543: To
consider the request for a Conditional Use Permit
to move in a temporary sales office upon the
property located at 8050 E. Hwy. 101. Allstate
Leasing Corp. Public Hearing held. Approved with
conditions.
Oct. 6th Conditional Use Permit Resolution No. 544: To
consider the request for a Conditional Use Permit
-
to operate a glass and mirror etching business
from a garage located at 1166 Jackson St. Nancy
and James Wright. Public Hearing held. Approved
with conditions.
Ib �
DATE ACTION
Oct. 6th Conditional Use PermitResolution No. 545: To
consider the request for a Conditional Use Permit
to permit temporary medical office space and
hospital storage for approximately 360 days upon
the property located at 414 West Fourth Ave. St.
Francis Regional Medical Center. Public Hearing
held. Approved with conditions.
Nov. 3rd Conditional Use Permit Resolution No 546: To
consider the request for a Conditional Use Permit
to operate a cabinet making business from the
property located at 1850 County Road 89. Dennis
Fetzer. Public Hearing held. Approved with
conditions.
Nov. 3rd Conditional Use Permit Resolution No. 547 : To
consider the request for a Conditional Use Permit
to move-in a dwelling upon the property located
East of CR 79 and North of CR 72. Edward
Jeurissen. Public Hearing held. Approved with
conditions.
Dec. 8th Amend Conditional Use Permit Resolution No. 473 :
To consider amending Shiely's CUP to allow the
construction of a 60' storage bin and 90' bucket
elevator upon the property located at 6896 Highway
101. J.L. Shiely Co. Public Hearing held.
Approved with conditions.
Dec. 8th Conditional Use Permit Resolution No 551• To
consider the request for a Conditional Use Permit
for the building at 1257 Marschall Road to house
classroom space for secondary/pre-school children.
Shakopee School District/Carver-Scott District.
Public Hearing held. Approved with conditions.
MINERAL EXTRACTION AND LAND REHABILITATION PERMITS
Jan. 7th Request to consider a mineral extraction permit
for the J.L. Shiely Company to continue the
limestone mining and processing operations upon
the property at 6896 Hwy. 101. Public Hearing
Held. Approved with conditions.
1988 Annual Report
PLATS
DATE ACTION
Jan. 7th Preliminary and final plat of Bradberg 1st Addn. ,
a replat of Prairie House 1st Addn. Public
Hearing held. Recommended approval with
conditions. City Council approved Jan. 26th with
conditions.
Jan. 7th Preliminary plat of Meadowbrook Run, upon the
property located South of CR 16 and East of Pike
Lake Trail. Darrel Gonyea. Public Hearing held.
Recommended approval with conditions. City
Council approved Feb. 16th with conditions.
Jan. 7th Final Plat approval for Stonebrooke. Recommended
approval with conditions. City Council approved
Jan. 26th with conditions.
Feb. 4th Final Plat approval of Horizon Heights 4th Addn.
Recommended approval with conditions. City
Council approved Feb. 16th with conditions.
March 3rd Preliminary plat of Prairie Estates lying on the
property located South of 11th Ave. , West of
County Road 17 and East of the Meadows 1st
Addition. Jerome & Lawrence Vierling.
Recommended approval with conditions. City
Council approval April 5th with conditions. CC
amended final plat 6/21/88 re: item #6 - r-o-w on
11th Ave.
April 7th Preliminary plat of Hentges First Addition lying
on the property located North and West of Highway
169 on both sides of Third Avenue. Steve Hentges
and Lon Carnahan. Tabled further action until
more information was available.
April 7th Final plat of Meadowbrook Run 1st Addition.
Recommended approval with conditions. City
Council approved April 19th with conditions.
May 5th Preliminary and Final plat of Hukriede's First
Addition lying on the property located at 2384
Marschall Road. Recommended approval with
conditions. City Council approved May 17th with
conditions.
June 9th Final plat of Prairie Estates. Recommended
approval with conditions. City Council approved
June 21st with conditions.
1988 Annual Report
REZONING
DATE ACTION
March 3rd Request to consider the rezoning of the property
located on Lots 8-12, Koeper's Addn. & the area
immediately East of Lot 8 extending to the y7estern
line of Lot 12, Blk 175 from I-1 to I-2. Fred
Thole & Karen Dupont. Public Hearing Held.
Recommended approval. city Council approved April
5th.
August 4th Request to consider the rezoning of the property
located on Lots 1-5, Block 3, Koepers 1st Addition
from I-1 to I-2. Gene Brown. Public Hearing
Held. Recommended approval. City Council
approved August 16th.
1988 Annual Report
AMENDMENTS
DATE ACTION
Jan. 7th Amendments to the Shakopee City Code Chapter 4,
Section 4.30 entitled "Signs-Construction,
Maintenance and Permits". Recommendation to City
Council.
March 3rd Amendments to Shakopee City Code Sections 11.02-
11. 05, 11.27-11.34, 11.37, 11.60 & 12 .07.
Recommendation to City Council.
March 3rd Amendment to the City's Comprehensive Plan and
MUSA Line to include area to be annexed into the
City. Recommendation to City Council.
June 9th Amendments to the Shakopee City Code Section
11.03, Subd. 7 I allowing the City to issue
building permit to property that does not abut a
public r-o-w. Recommendation to City Council.
August 4th Amendment to Comprehensive Plan Thoroughfare Map
for Mini Sy-Pass. Recommendation to City Council.
Oct. 6th Amendment to the Shakopee City Code Section 11.05,
Subd. 11 I. Regulating occupancy in RV Parks.
Recommendation to City Council.
Oct. 6th Amendments to the Shakopee City Code Section
11.24, Subd. 3 and Section 11.25, Subd. 3 to
permit by CUP animal hospitals and veterinary
clinics in the AG and R-1 Zoning Districts.
Recommendation to City Council.
Nov. 3rd Amendment to the Shakopee City Code Section 12.07,
Subd. 6 to increase the required cash
contributions in lieu of land dedication for park
purposes for new subdivisions. Recommendation to
City Council.
PUD
Dec. 8th Amendment to the Shakopee Valley Square Properties
PUD to allow a Western Star Water Ski Show.
Continued to January, 1989. Approved with
conditions.
1988 Annual Report
SPECIAL ACTIONS
DATE ACTION
Feb. 4th Moved to endorse the concept of and recommend the
preparation of a complete update of the Shakopee
Comprehensive Plan to the City Council. Motion
carried unanimously.
May 5th Moved to request staff to clarify the screening
issues, specifically including a screening time
frame as a part of the criteria. Motion carried
unanimously.
June 9th Moved that the acquisition of the former prison
site by the Scott County HRA be consistent with
the comprehensive plan and that it will allow the
removal of the blighted building within the City
of Shakopee. Motion carried unanimously.
June 9th Moved to inform the City Council that the vacation
of Apgar Street between lst and 2nd Avenues is not
in conflict with the City's Comprehensive Plan.
Motion carried unanimously.
Aug. 4th Moved to recommend to City Council approval of the
Capital Improvement Program for 1989-1993. Motion
carried unanimously.
Aug. 4th Moved that 11th Avenue between Minnesota and
Dakota Streets not be vacated. Motion carried
unanimously.
Aug. 4th Moved to appoint all Planning Commissioners at-
large to the Comprehensive Plan Task Force and
that at least two members from the Planning
Commission be in attendance at the Task Force
meetings. Motion carried unanimously.
Aug. 25th Moved to take no further action on Prairie Estates
1st Addition. The final plat indicates a 40' ro-
w and a 15' easement and shall remain as approved.
Ayes - 4, Noes - 2 Motion carried.
Aug. 25th Moved that the Planning Commission recognizes that
Prairie Estates 1st Addition, Outlot B exceeds the
requirements of Park Dedication for Phase One and
that any excess of the 10% dedicated in Outlot B-
be credited to future additions of Prairie
Estates. Motion carried.
DATEACA TION
Oct. 6th Moved to recommend to City Council to vacate 6th
Avenue, the 1/2 block east of Main Street. Motion
carried with one opposing.
Nov. 3rd Moved to recommend to City Council denial of the
vacation of Minnesota and Market Streets North of
Bluff Ave. pending the Comprehensive Plan review
of the Bluff area and its future benefit to the
community either as park, trail or developable
land and by giving up these two parcels, the
community gives up access to the trail which might
have merit and value in the future, which also
needs to be considered in terms of the Comp Plan.
Motion carried.
Nov. 3rd Moved to direct staff to do further research on:
1) zoning or day care facilities and to 2) bring
back a redraft of the proposed ordinance amendment
for the January Commission meeting. Motion
carried.
Nov. 3rd Moved to direct staff to do further research on
the subject of building setbacks from RR tracks
and come back to the Commission at a later date
with the results of the research and a
recommendation. Motion carried.
Nov. 3rd Moved to direct staff to do further research on
the issue of floating homes and come back to a
future Planning Commission meeting with the
results of the research and recommendations.
Motion carried.
Nov. 3rd Moved to request that the Assistant City Attorney
review the variance appeal by Clete Link and
action taken by the City Council. Motion carried.
Dec. 8th Moved that the study of setbacks in the area along
First Ave. in the B-1 District be incorporated
into the updating of the Comp Plan. Motion
carried unanimously.
)of-
Respectfully submitted,
Dave Rockne, Chair
Dave Czaja
Gene Foudray
John Schmitt
Terry Forbord
Clifford Stafford
Eugene Allen
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CONSENT l ® c-
MEMO TO: Dennis R. Kraft, Acting City Administrator
FROM: Barry A. Stock, Administrative Assistant
RE: Approval of Dial-A-Ride Contract
DATE: February 24, 1989
INTRODUCTION•
On February 7, 1989 the Shakopee City Council directed staff
to negotiate an agreement with Morley Bus Company for the
provision of Dial-A-Ride service in Shakopee. On February 15,
1989 the Energy and Transportation Committee reviewed the
proposed Dial-A-Ride contract between the City of Shakopee and
Morley Bus Co. Upon review of the contract the Committee is
recommending Council approval. (See attachment #1)
BACKGROUND:
Prior to City Council approval of the selection of Morley
Bus Company as Shakopee's new Dial-A-Ride provider, one of the
prospective bidders sent a correspondence to all City Council
members regarding the review process. The prospective provider
(Metro Ride Inc. ) thought that the request for proposal review
team errored in their analysis of the proposals. At the February
7, 1989 City Council meeting staff responded to each of the
concerns raised by Metro Ride and also explained the review
process utilized by the review team.
On February 15, 1989 Metro Ride, Inc. formally filed a
dispute in accordance with the dispute resolution process as set
forth in the request for proposal specifications. On February
15, 1989 the Shakopee Energy and Transportation Committee
reviewed Metro Ride Inc. 's dispute and the review team's
methodology. The Energy and Transportation Committee felt that
the methodology utilized by the review team was consistent with
the best interest of the City of Shakopee and the procedures set
forth by the Regional Transit Board.
In accordance with the dispute resolution process set forth
in the request for proposal specifications, the request for
proposal review team met on February 16, 1989 to consider Metro
Ride's dispute. At that time, the review team found no basis in
Metro Ride's dispute to justify a change in position in terms of
Dial-A-Ride provider selection. On February 22, 1988, a formal
response was sent by the review team to Metro Ride addressing
their concerns raised in the dispute. On February 24, 1989, we
received notification from Metro Ride officials stating their
satisfaction with the review teams evaluation and response. This
action concluded the local dispute resolution process.
Now that the dispute has formally been resolved, it would be
appropriate for the City Council to authorize the appropriate
City officials to enter into an agreement with Morley Bus Co. for
the provision of Dial-A-Ride service in Shakopee. The City
Attorney has approved the attached agreement as to form.
l° C�
ALTERNATIVES•
1. Move to authorize the appropriate City Officials to execute
the Dial-A-Ride contract agreement between the City of
Shakopee and Morley Bus Co. Inc.
2. Move to amend the Dial-A-Ride contract between Morley Bus
Co. and the City of Shakopee and recommend it's approval.
3. Table action on the approval of the Dial-A-Ride contract
agreement between Morley Bus Co. and the City of Shakopee
pending further information from staff.
RECOMMENDATION•
Staff recommends alternative #1.
ACTION REODESTED:
Move to authorize the appropriate City Officials to execute
the Dial-A-Ride contract agreement between the City of Shakopee
and Morley Bus Co. Inc.
/d c�
SHAKOr EE DIAL-A-RIDE
SERVICE CONTRACT AGREEMENT
THIS AGREEMENT, Made this day of 1,989
between the City of Shakopee, a public municipal corno-ation,
(hereafter called the City) and Morley Bus Co. (hereafter
referred to as the "Contractor") .
WHEREAS, the City desires to use the services of the contractor
in the operation of the Shakopee Area Transit Dial-A-Ride system;
and
WHEREAS, the City agrees to reimburse the Contractor for its for
operational services on a revenue hour basis; and
WHEREAS, the City shall maintain management authority in the
operation of the Shakopee Area Transit Dial-A-Ride system; and
WHEREAS, the Contractor is willing to undertake operation of the
Shakopee Area Transit Dial-A-Ride system.
THEREFORE, In consideration of these premises and of the
following terms and conditions, the parties agree as follows;
1. General
a. The Dial-A-Ride Program is a community-centered transit
service that is custom-designed for residents of
Shakopee. Dial-A-Ride provides rides under the "shared
ride" concept. All trips are coordinated to carry in a
safe manner as many passengers as possible and as cost
e'_fectively as possible. The proqram is geared to
of�er community transper-cation to the =ans' -_
andesc, tna redLot:o - cra_ -ic ar.9 _ --
problems and the conservation of energy and resources.
L . e proposed service 130 percent deficit funded t1 t::e
"Metropolitan Transit Service Demonstration Program"
established by the legislature, Minnesota Statute 1982,
174,265.
2. Contract
a. Rate
Service provided by the Contractor shall be based on a
revenue hour at a cost not to exceed $19. 15 per vehicle
per hour. Total requests for reimbursement by the
contractor shall not exceed $196, 172 .60 annua L'.v unless
otherwise directed by the City.
1
b. Duration.
The initial contract period will be 36 months in length
with a 36 month extension period possible upon the
mutual consent of the City and the Contractor. The
initial contract period will begin on April 17, li09
and terminate on April 15, 1992. Total annual service
hours provided by the contractor during this contract
shall not exceed 10,244 hours unless otherwise directe8
by the City.
c. Termination
(1) Termination for Lack of Funding - The parties
hereto covenant and agree that their liabilities
and responsibilities, one to another, shall be
contingent upon the availability of State and
local monies for the funding of this contract and
that this contract shall be terminated if such
funding ceases to be available.
(2) Termination for Breach of Contract - This contract
may be cancelled and terminated by either party at
any time within the contract period whenever it is
determined by such party that the other party has
materially breached or otherwise materially failed
to comply with its obligations hereunder.
(3) Notice of Termination - In the event of any term-
ination of the contract under this Section, the
party terminating the contract shall give notice
of such termination in writing to the other
party. Nocice of termination shall be sent by
certified mail, return receipt requested, and
of
3 . Program Sprvice Area
a. The system's service area far origins and destinations
shail be operated within the city limits of t.a City of
Shakopee during the contract period unleso ctte r"='se
directed by the City.
4 . Program Operating Schedule
a. Program operating hours shall be established by the
City and may be changed by the City to provide the best
possible service to the public.
2
1d ci
b. Program operating hours for reservation calls ta}_en by
the contractor shall be 6:00 A-M. to 9 :00 P.M. , five
days per week, Monday through Friday and on Saturdays
9: 00 A.M. to 5: 00 P.M. Actual Transportation Service
hours shall be available Monday through Friday from
6:00 A.M. - 9 :00 P.M. and Satulda_rs 9 : 00 A.M. - 5: 00
P.M. The system will not operate on Federal holidays.
C. In addition to not operating on Federal Holidays, the
Dial-A-Rid= service shad cct operate on tee following
days: Day after Thanksgiving, Christmas Eve after
12:00 noon and New Years Eve after 6:00 P.M.
5. Marketing:
a. The Contractor agrees to participate ir, all marketing
plans as set forth by the City. These plans could
include but are not limited to:
(1) Name of the Transit Serrice
(2) Advertising Photographs
(3) Some Type of Vehicle Classification
(a) Decal designs and lettering
(b) Magnetic promotional signs
b. Any advertising on or within the vehicles themselves
must be approved in advance by the City of Shakopee.
C. The Contractor will not share in the cost for the
marketing materials or preparations; however, the
Contractor will supply the vehicles to carry cut the
plan.
6. Revenues
All �eve.nues deriveu from tae c _ra.:iun c: - C-an � -_
system shall be and remain from the initial receipt thereof
the absolute property of the Citv and the treatment of such
revenues by the Contractor including ection, banking and
accounting shall to approved by the City. The Contractor
shall reep and maintain the becks and records reflecurg the
operation of the Dial-A-Ride transit s--" tem as reau_red by
the Regional Transit Board anu;or City of Shakopee. All
revenues derived from the operation of the Dial-A-Ride
transit system, whether from passengers or from other
sources, shall be thoroughly and accurately acounted for by
vehicle showing the date, type and kind of service from
which said revenue is derived. All accounting shall be in
accordance with generally accepted accounting principles.
3
p
7 . Consideration
The contractor shall submit requests for reimbursement on a
monthly basis to the City during the contract period. The
City will in turn examine and approve such requests as
deemed appropriate and submit them to the Regional Transit
Board for actual reimbursement.
8 . Audit
The collection of revenues under Section b of this Agreement
and reimbursement of expenses under Section 7 of this
Agreement shall be subject to independent outside audit by
City or its representatives; the records, books, documents
and accounting procedures and practices of the Contractor
relating to the Agreement shall be subject to audit and
examination by the City or its representatives or by the
Regional Transit Board and the legislative auditor or the
state auditor at any time during working hours.
9 . Budgets Routesg Schedules, Fares
The Contractor shall assist in preparing the necessary
budgets and projections as required by City and shall
furnish periodic reports and recommendations to City
relating to service extensions, route planning and service
policies and either prepare or assist City in its relations
with other government bodies or agencies as required by
City. City has authority to establish and determine routes
and schedules of service for public transportation in the
transit area and the authority to fix and alter fares and
any other charges to be collected in connection %.:ith the
operation of the transportation system; and Contractor shall
make periodic recommendations as to the rates o: fares
_ ,uir=9 and ar? c='_e-=on^ , acld_- cr ^�:nges -
service.
1^ . B" ling ana Reimbursement
a. The Contractor shall enter into a revenue service hour
based agreerent.
b. The Contractor shall maintain daily ridership records
that specify the following: name of each passenger,
method of payment and amount collected pick-up point,
destination point, and the time of day of each trip.
These reports will be reviewed and verified on a random
basis by the City.
C. A monthly ridership report compiled by the Contractor
shall be submitted to the City by the 15th day of each
month. The format for the report shall be approved by
the City.
C�'
d. upon submittal of tie monthly ridership report, the
Contractor shall be reimbursed accordingly by the City
within 30 days of the receipt of said report.
11. Record Keening and Data Collection
The Contractor agrees to keep complete records as required
by the Regional Transit Board and/or the City of Shakopee.
All records pertaining to the transit serv_ce will be open
to inspection by officials of the City -f 3tako.�ee a_Ta the
Regional Transit Board, during regular business hours.
12. Service Package
a. The Contractor shall furnish the necessary office
space, garage facilities, equipment, utilities and
personnel sufficient to provide daily transportation of
passengers.
b. The Contractor shall be required to meet all
requirements as established by City ordinance and all
other requirements required by the City, State, and
Federal Government.
C. The Contractor is responsible for all maintenance and
operating costs of the Dial-A-Ride System.
d. The Contractor is required to provide all scheduling
for radio and telephone dispatching, including a
separate local (Shakopee) telephone number for the
program. All vehicles in service must have a te.o way
communciation system.
e. The Contractor is required to provide maintenance and
..ce,•ly -:1-=n4 -.g of •7ehicles a-.3
f. The Contractor must make available three vehicles
(7inir;3m 7 rassenger maximum 24 passenger) .
g. A11 Capital and operational costs will be ttse responsi-
bility of the Contractor.
h. All vehicles must be maintained in good working
condition with interior and exterior appearance kept in
a condition acceptable to the City and the Regional
Transit Board.
i. The City reserves the right to request additional
vehicles with a 30 day notice and for two hour
increments at the hourly bid price of $19. 15 per
vehicle per hour.
5
j . All vehicles provided by the Contractor shall meet the
follccing minimum specifications: pass=-ng=_r
capacity, air conditioning interior lighting system and
engine heater to ensure winter starts.
k. The Contractor shall ensure that the above vehicles are
in conformance with State and Federal laws governing
such services and equipment.
1. Between the hours of 6: 00 A.M. and 6: 10 P.M. , ::ondav
thru Friday, three vehicles shall be assigned by the
contractor to service the Shakopee Service Area.
Bet%een the hours of 5: C0 A.M. and 9: 00 P.M. Monday
thru Friday, one vehicle shall be assigned by the
contractor to service the Shakonee Service Area. On
Saturdays betc:een the hours of 9:00 A.M. and 5:03 P.M.
one vehicle shall be assigned by the contractor to
service the Shakopee Service Area.
M. All vehicles (including back-up vehicles) provided by
the Contractor servicing the Shakopee Area shall be
identified in a manner approved by the Citv.
n. All drivers shall wear badges identifying themselves as
employees of Morley Bus Co. servicing the Shakopee
Dial-A-Ride Program.
13. Personnel
The Contractor shall furnish qualified, licensed and
responsible drivers necessary for the safe operation of the
vehicles used in providing service and shall fern'ish all
other personnel necessary for continued operation of
service, including but not limited to dispatching,
.-.aintenanca accounting, legal, ac'- rical a:enagerial
personnel and will assume all labor and other contractual
obli:':ations incident thereto.
(1) Drivers shall:
-hold a current Minnesota Class B Driver's License;
-be able to read and write the English language;
-have knowledge of streets and major activity centers in
Shakopee area;
-have knowledge and ability to perform general vehicle
maintenance;
-keep simple records and make repots;
5
/dam
-be neat in. appearance;
-cater to the special needs of senior citizens, handicapped
persons, children, etc;
-willingly assist public passengers;
-deal courteously and effectively with passengers and the
public;
-be informed that they are responsible for the lives of
public passengers;
-a physicians statement of physical examination is required;
-have a police check and motor vehicle record check (to be -
done by the Contractor and subritted to the City) . Anyone
convicted within five (5) years prior to employment of (a) a
crime involving harm to a person or (b) driving while under
the infiuence of intoxicating liquor or non-in toxicating
malt beverages or (c) careless or reckless driving shall not
be considered for employment. Contractor shall certify to
the City that each driver has been properly trained and
licensed and is physically, mentally and legally qualified
to operate the vehicle and to assist passengers. No person
shall drive a transit vehicle without this certification.
The manager shall not permit a driver to drive if the driver
has consumed intoxicating liquor or non-intoxicating liquor
or non-intoxicating malt beverages or a drug within eight
hours prior to the time he/she begins driving or if the
driver is intoxicated or is under the influence of a drug
which would in'_luence driving ability when he/she is to
begin driving.
,ice - _ _l:i'-
-know the location of streets of the City of Shakopee;
-handle the public in a courteous manner under a'_1
conditions
It is specifically understood that all personnel furnished
by bidder in connection with the performance of service
shall be and remain the employees of the bidder and not the
City. Bidder shall pay all wages, salaries, fringe
benefits, social security taxes, worker's compensation and
unemployment compensation or other contributions as required
by law. Bidder shall be considered an independent
contractor as the term is used under the laws of the State
of Minnesota.
16 C"
14. Supervision
All services to be performed for the City by the Contractor
pursuant to the terms of the contract shall be supervised by
such employee, agent, or officer of the City as the City
Administrator shall designate.
15. Insurance
a. Liability Insurance
(1) The Contrator shall provide insurance under a
primary policy, coverage shall include bodily
injury insurance in the amount of at least
$200,000 for each person and at least $600, 000 for
any number of persons includea in bodily irjury . -
Property damage insurance shall also be provided
by the Contractor in the amount of at least
$100,000.
:n addition to these coverages an umbrella excess
liability policy in which the City of Shakopee is
to be included as an additional insured shall be
provided by the contractor in the amount of at
least $1,000,000. Such policies must provide for
a 15 day notice to the City of any change,
cancellation or lapse of such policy.
(2) The Contractor shall further guarantee to save the
City and Regional Transit Board harmless and
indemnify the City and Regional Transit Board for
any and all laws, claims, suits, judgements, and
recoveries which may be asser`ed, mase cr -,.y
arise or be had, brought or recovered against the
Cita and R=_aional Transit Board by reason of a-nv
immeaiacely appear and defet-1 the sane at --__s c� n
cost or expense.
(3) Pric_ to the eifectve date of the contract the
Contractor shall provide a cer*_if icate of
insurance verifying e aforementioned coverage.
The City reserves the right to request at any time
a copy of such policies of the contractor.
b. Worker's Compensation
(1) The Contractor will at all times keep fully
insured at his own expense all persons employed by
him in connection with performance of this
contract as required by the laws of the State of
Minnesota relating to Worker's Compensation
Insurance and shall hole the City and the Regional
Transit Board harmless from liability from any
a
J6 C�-
cause that may arise by reason of injuries to an
employee of the Contractor who may be injured
while performing work or labor necessary to carry
out the provisions of the contract. Such policy
must provide for fifteen (15) days notice to the
City of any change, cancellation, or lapse of such
policy periods.
(2) Prior to the effective data of the con=rac'c tae
Contractor shall provide a certificate of
insurance verifying the aforementioned coverage.
The City reserves the right to request at any time
a copy of such policies of the Contractor.
C. Perforrance Financial Securitv
(1) Before the contract shall be valid and finding
against the City, the Contractor shall enter into
a form of financial security with the City of
Shakopee for the use of said city and also for the
use of anyone who may perform or cause to furnish
any skill, labor, equipment, or material in the
execution of such contract. The form of financial
security shall be signed by the Contractor in the
amount of $20, 000. Said security shall at all
times be kept in full force and effect for the
term of the contract. Such security must provide
thirty (30) days notice to the City of any change,
cancellation, or lapse of said security. The
final form of the Financial Security must be
acceptable to the City of Shakopee.
(2) The conditions of such financial security shall be
that the Contractor shall fully and faithfu'. ly
perform all conditio..� -' -ntra-- and tte=__
specification=_; shall pay anyone who may perform
or cause to be performed any work of labor, or
cause to be f-=ished any skill, labor, ecnigment,
or material in the execution of contract; and such
bond shall provide that the full amount thereof
shall be forfeited upon contractors failure to
comply therein.
d. Request for Proposal Financial Security
The Contractor's request for proposal financial
security shall be retained until the contract has been
signed and the performance financial security has been
filed, approved, and accepted which shall be within ten
(10) days of execution of said contract. If the-
Contractor shall fail to enter into such contract in
accordance with his accepted proposal or shall fail to
furnish the required performance financial security
pC�
within ten (10) days of execution of the contract, his
deposit shall be forfeited to the City of Shakopee as
liquidated damages. The next best proposal shall then
be considered as the successful provider, and, at the
discretion of the City Council, the contract may be
awarded to the provider submitting that proposal.
16. subletting for Assignments Contract
a. No assignments or subletting of this contract, all or '�
in part will be permitted without authorization of the
City and the State of Minnesota.
b. The Contractor alone will be held responsible for full
and faithful performance of the contract.
17. Nen-Discrimination
a. In hiring of common or skilled labor for the
performance of work under the contract, the Contractor,
any sub-contractor, material supplier, or vendor shall
not, by reason of race, tread, age, or col_r
discriminate against any person or persons who are
citizens of theUnitedStates who are qualified and are
available to perform the work to which such employment
relates.
b. The Contractor, any sub-contractor, materials supplier
or vendor shall not, in any manner, discriminate
against, or intimidate, or prev0nt the employment of
any such person or persons, or on being hired, prevent
or conspire tc prevent any such person or persons frog
the performance of work under any contract on account
of race, color, age, or creed.
C. Any violation of this section shall be sufficient cause
for this contract to be cancelled or terminated by the
City and a'.1 money due, or to becc-e due, may be
forfeited.
19 . Contractor to Make Examination
a. The Contractor shall make his own examination, investi-
gation, and research regarding the proper method of
doing the work, and all conditions affecting the work
to be done and the labor, equipment, and materials
needed thereon, and the quantity of work to be
performed.
b. The Contractor agrees that he has satisfied himself by
his own investigation and research regarding all such
conditions and that his conclusion to enter into the
proposed contract is based upon such investigation and
research.
10
C. The Contractor shall :hake no claims against the City
because of any of the estimates, statements, or inter-
pretations made by any official, officer, or agent of
the City that may prove to be in any respect
erroneous.
19. Forms
The following forms shall be attached and considered a pare
of the contract.
a. O.S.H.A. Compliance Form.
b. Affidavit of Non-Collusion.
C. Affirmative Action Form.
CITY OF SHAKOPEE
BY:
Its Mayor
BY:
Its City Administrator
BY:
Its City Clerk
MORLEY BUS CON.PANY
BY:
Its President
DATE•
11
�6 Ci
O.S.H.S. COMPLIANCE
EMPLOYEE HEALTH, SAFETY, AND WELFARE
The Contractor shall provide and maintain all sanitary and safety
accommodations for the use and protection of his employees as may
Se necaEzary ro provide for their health and welfare and comply
with State, Federal, and local codes and regulations, as well as
those of other bodies and tribunals having jurisdiction.
Employee safety and sanitation facility regulations are set forth
in M.S. 182 and in the Department of Labor and Industry' s Labor
Safety Code (llsc. 73-75) .
Legal Name of Person, Firm or Corporation
By
Address
Date
12
l� C,
AFFIDAVIT OF MON-COLLUSION:
I hereby swear (or affirm) under the penalty for perjury:
1. That I am the bidder (i£ the bidder is an individual) , a
partner in the bidder (if the bidder is a partnership) or an
officer or employee of the bidding corporation having
authority to sign on its behalf (if the bidder is a
corporation) :
2 . That the attached bid or bids have been arrived at by the
bidder independently, and have been submitted without
collusion with, and without any agreement, understanding, or
planned common course of action with, any other vendor of
materials, supplies, equipment or services described in the
invitation to bid, designed to limit independent bidding or
competition:
3. That the contents of the bid or bids have not been
comr.unicated by the bidder or its employees or agents to any
person not an employee or agent of the bidder or its surety
on any bond furnished with the bid or bids, and will not be
communicated to any such person prior to the official
opening of the bid or bids; and
4 . That I have fully informed myself regarding the accuracy of
the statements made in this affidavit.
Signed
Firm Name
Subscribed and sworn to before me
this _ day of 1989.
Notary Public
My Commission. expires
Bidder's E.I. Number
(Number used on Employer's Quarterly Federal Tax Return, U.S.
Treasury Department Form 941) :
13
CITY OF SHAKOPEE
AFFIRMATIVE ACTION POLICY
AFFIRMATIVE ACTION COMPLIANCE FORM
By the City Council
In accordance with the policy established by Council Resolution
No. 1006 "Affirmative Action Program", the City of Shakopee shall
insure that every person be given full and equal opportunities
for employment, training, and promotion. This policy shall
include all City government departments and related functions.
It shall be the policy of the City of Shakopee that no individual
shall be discriminated against with respect to compensation,
terms, conditions or other privileges of employment because of
race, color, religion, creed, sex, national origin, disability,
or martial status.
It shall be the policy of the City of Shakopee to require that
all major contracts with the City require the Contractor to
practice affirmative action policies necessary to assure equal
employment, opportunity in all aspects of employment,
irrespective of race, creed, color, religion, sex, national
origin, disability, or marital status.
�I
CERTIFICATION BY BIDDER
Bidder's Name:
Address•
Certification -- The above Contractor or vendor now has an
established Affirmative Action Program.
Name and Title of Signer (Please print or type)
Date Signature
14
Ha,
Memo to: Mayor and City Council Members
From: Marilyn M. Remer, Personnel Coordinator
Re: City Administrator Selection Process
Date: March 1, 1989
Introduction
The position of City Administrator was vacated Nov. 4, 1988 and
advertisements to fill the position were published locally and nationally
in late October and early November, 1988, with resumes to be received by
11/18/88.
Background
Initially Council elected to fill the Administrator position using the
competitive process. Some concerns have been raised questioning the
minimum qualifications as advertised and the possible liability to the
City. The law office of Kress & Monroe recommended re-advertising the
position with the required qualifications accurately reflecting Council's
profile. Mayor Lebens, Council Member Vierling and I had an
informational meeting with Karen Olson of Labor Relations, Inc, on
Monday, Feb. 27th. Ms. Olson also suggested a new advertisement be
published that more closely defines Council's profile. Mayor Lebens
telephoned all other council members for approval to run another ad and
directed staff to proceed. The advertisement and letter advising the
applicants are attached for your information.
The City of Shakopee is a subscriber of the services of Labor Relations,
Inc. The MAMA Committee on Labor Relations Subcriber Service Contracts
has negotiated an agreement between the League of Minnesota Cities and
Labor Relations Associates, Inc. for special subscriber services. The
City pays an annual fee to the League of Cities for this service which
covers labor negotiation, mediation and general advise and telephone
consultations. Ms. Olson has a comprehensive personnel background and is
available as an outside consultant for the selection process. Some areas
in which she could assist the city are as follows:
Screening - Develop guidelines for screening candidates using criteria
such as knowledge, skills, experience and accomplishments,
matching these to the needs of the community.
Testing - Devise testing criteria including both oral and written
testing, in-basket exercises, etc. ; again tailored to the
community.
Interviewing - Create standardized interview questions customized to
community issues and city functions & operations. Select an
interview panel to include other area professionals. Council
members are welcome to observe.
To summarize, she looks at the City's needs and tries to match those
needs with the appropriate individual, assuring that the EEO is fully
complied with and that all candidates are subjected to a fair objective
process. She is available to assist the City in the areas in which they
so desire, therefore utilizing some or all of the listed services
available.
The subscriber fee is $56/hr. (compared to $75/hr. for clients outside
the subscriber service). To customize the testing and interviewing
process usually requires 40 hours. Note: The city will not be charged
for the consultation with Ms. Olson on Monday, that visit will be charged
against the subscriber contract service.
Action Recuested
Staff is seeking Council discussion to determine the final selection
process.
)I a'
March 1, 1989
Dear Applicant:
Re: City Administrator Position
The selection process for the position of City Administrator was delayed
due to other pressing business priorities, therefore the City Council has
decided to begin the process anew. You have previously applied for this
position and your resume is on file. If you feel you meet the
qualifications and wish to be considered, kindly return the attached form by
March 31, 1989.
Thank you for your cooperation and patience. We apologize for the delay.
Sincerely,
Marilyn M. Ramer
Personnel Coordinator
City of Shakopee
129 East First Avenue
Shakopee, MN. 55379
612-445-3650
NAME
ADDRESS PHONE
CITY/STATE ZIP
City Administrator
Shakopee, MN. (Pop. 12,000) Responsible for overall management and
administration of all city departments and operations including
Police, Public Works, Engineering, Finance, Comm. Develop. and
Inspection. Shakopee is a growing Mpls. suburb with strong industrial
base, 62 FT employees, $4.3 million budget and regional recreational
attractions. Eligible candidate must possess an accredited college
degree in Public Adm. or related field S a minimum of 5 years of
municipal administrative/supervisory experience. Starting salary DOQ
$42,169-$47,792. Send resume by March 31, 1989 to: Personnel Dept.
City of Shakopee
129 E. First Ave. , Shakopee, NN. 55379
Qualified minorities and females are encouraged to apply.
EEO/AA
YES _ NO I would like the resume I previously submitted to be I'I
considered for the position of City Administrator.
YES _ NO I am submitting a new resume to be considered for the
position of City Administrator. The previously
submitted resume shall be destroyed and not
considered.
Signature
Date
Memo To: Dennis R. Kraft, Acting City Administrator CONSENT
From: Gregg Voxland, Finance Director
Re: Use of City Property located behind Gopher State
Date: February 22, 1989
Introduction
The City owns land behind Gopher State. Tom Koskovich has approached the
City about farming the land.
Back rg ound
The City acquired 30+ acres behind Gopher State for south bypass right-
of-way. Funding is an interest-free loan from Metropolitan Council to be
repaid when the land is sold (to MN DOT) .
The City leased the land for a few years to a local farmer but the taxes
became too high to make a lease feasible. Since then, Public Works has
been responsible for mowing the property.
Recently, Tom Koskovich approached the City about leasing the land. The
tax situation makes a lease uneconomical. However, in discussing
alternatives with the Assessor for Shakopee on 2/21/89, he indicated that
as long as the City received no direct compensation (i.e. cash or a share
of the crop), the land could be classified as tax exempt even though
someone would be farming the land and taking a crop off of it. The
benefit for the City is avoiding the expense of mowing the land which
would be about 64 hours of labor and machine use.
Mr. Koskovich understands that MN DOT may acquire the land at any time
and he may lose a crop due to construction activity.
Alternatives
1. Status Quo - City mowing the land
2. Permit Mr. Koskovich to farm the land at no cost.
Recommendation
Alternative No. 2
Action Recuested
Move to permit Tom Koskovich to use the City owned south bypass right-of-
way land at the west edge of the City on a day-to-day basis at no cost.
CONSENT 1
MEMO TO: Dennis Kraft, Acting City Administrator
FROM: Dave Hutton, City Engineer
SUBJECT: Sewer Backup Claims Committee
DATE: March 2 , 1989
INTRODUCTION:
The Sewer Backup Claims Committee has received a request for
reimbursement due to a sewer backup.
BACKGROUND:
Mr. Jim Mork, 903 W. 5th Avenue, has submitted a claim to the
City of Shakopee totalling $1 ,808 .50 for reimbursement due to a
recent sewer backup. Attached are copies of the bills for this
claim.
In September, 1987 the property owner suffered a sewer backup in
his basement. At that time, Roto-Rooter called and the line was
cleaned out.
In February, 1989 a second backup occurred in the basement. The
Engineering Department was then notified of this second backup.
Due to the recent history of the first backup, the property owner
was instructed to investigate the problem and once the problem
was discovered the appropriate action would then be taken.
The property owner hired a contractor to dig out the service line
and upon investigation of the service line it was discovered that
a 3 or 4 foot gap in the service line existed.
This gap in the line caused the sewer to flow into the ground
rather that into the sanitary sewer system. Over time, the
ground became saturated with sediment and caused the sewer to
backup.
In 1985 the main line sewer on 3rd Avenue was reconstructed under
a City contract. None of the service connections were included
in this project. The City's contractor was S.M. Hentges & Sons.
Several years prior to the main line sewer being replaced , the
property owner apparently had replaced his private service line
on his own. It is impossible to determine if the "gap" in the
service line was created when the private service line was
installed or at the time the main line was replaced. It would
seem reasonable to assume at the time the main line was
constructed, the service line could have been pulled apart by the
teeth of the backhole. Again, this is pure speculation and not
definite.
The Sewer Claims Backup Committee has reviewed this case and has
directed staff to take the following course of action:
1 . Contact the City ' s contractor from 1985 , S.H. Hentges &
Sons , to find out if he would pay the entire claim of
$1 ,808.50 .
2 . Submit the entire claim to our insurance company to find out
if they will pay it.
3 . The City of Shakopee will pay whatever is not paid from No.
1 and 2 above.
City staff has contacted the contractor on this subject, and he
has indicated that he would be willing to pay for 50% of the
claim . Staff would like to point out that legally, the
contractor has no obligation to pay any of this claim and also
the City has no legal basis for demanding payment. The contract
is no longer active and the warranty period has expired. Staff
feels that the contractor is being very responsible in offering
to pay 50% of the claim.
Staff has also submitted this claim to the insurance company for
their review. At this time, staff does not feel that the
insurance company will pay this claim because there is little
proof of negligence on the part of the City. Therefore, they
will probably deny the claim.
The Sewer Claims Backup Committee is recommending that any
reimbursements on this claim be withheld until the insurance
company has had the time to respond to it. If the insurance
company denies the claim, the Backup Committee feels that the
City should pay for the remainder of the claim that is not being
paid for by the contractor.
ALTERNATIVES:
1 . Approve of the recommendation of the Sewer Claims Backup
Committee.
2. Deny the recommendation of the Sewer Claims Backup
Committee.
RECOMMENDATION:
Staff recommends Alternative No . 1 to approve of their
recommendation.
ACTION REQUESTED:
Move to direct the appropriate City staff to submit this claim to
the insurance company for processing. If the insurance company
denies the claim, staff should be directed to pay the remainder
of the claim that is not being paid by the contractor. Funding
for this payment would come out of the Sanitary Sewer Fund.
ROTO-ROOTER SEFITCES COMPANY INVOICE NO I
fii9` 0- { � 38459
ore , REFERENCE NO.
DAT OF SERVICE _7
SAVE THIS INVOICE FOR YOUR GUARANTEE
CUSTOMER NAME CUSTOMER PHONE TENANT PHONE
AA QBILLING ADDRESS e f AA LL FEDERAL I.D.NUMBER PURCHASE ORDER
CITY STATE ZIP CHARGE AUTHORIZATION
JOB ADDRESS IF DIFFERENT THAN BILLING ADDRESS ti
ADDRESS STATE ZIP APARTMENT W. TENANT NAME
DESCRIPTION OF WORK
- _ , ` , T '. •..�.� - - tis fes.-- °
El
MAIN LINE: FT. BATH TUB: FT.
El KITCHEN SINK: FT. TOILET BOWL: FT.
FLOOR DRAIN: FT. VANITY: FT.
OTHER LINE: FT.
WORK ORDER AUTHORIZATION GUARANTEES INVOICE AMOUNTS
(USE ONLY ON CHARGES) -
Iherebyauthorizeyoutoperformtheabovedescribed services and PARTS $
1 agree to pay the amounts indicated to the right. I hereby certify
that I am duty authorized to order and approve the work requested.
LABOR
SIGNATURE TITLE OTHER
OTHER
TERMS OF PAYMENT TYPE OF SERVICE TAX EXEMPT
CASH ❑ CREDIT CARD ❑ RES/COMM ❑ I.P. 0TAX
INDUSTRIAL [I DT], ❑
CHECK Q. NET 30 ❑ PLUMBING ❑ S.T.P.❑ TOTAL
JOB COMPLETION
This is to acknowledge completion of the above described work whmn has been done to my complete satisfaction.
D.1 c CUSTOMER SIG1'4TJRE SERVICEMAN S `1AAIE n _
PLEASE PAY FROM THIS INVOICE-MAIL REMITTANCE TO ABOVE ADDRESS
CUSTOMER- 1
! IC,
STATEMENT
RYBAK Digging & Trenching Service
SEWER& WATER CONTRACTING
936 East 2nd Avenue• Phone•1S-2391
Shakopee, Minnesota 55319
Date 19,��
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MEMO TO: Dennis Kraft, Acting City Administrator
FROM: Dave Hutton, City EngineArn/m"
SUBJECT: T.H. 101 Shakopee Bypass (Southerly)
DATE: February 25, 1989
INTRODUCTION AND BACKGROUND:
Attached is a letter from Bill Crawford , Mn/DOT District
Engineer, summarizing their proposed schedule for the Shakopee
Bypass . The schedule is divided into two categories: Highway
Construction and Drainage Construction. There are several
features of this schedule that staff would like to highlight and
summarize for Council.
Under the Highway Construction Section, the work is broken down
into 4 separate projects . With the exception of the City
preparing the plans for the 6 crossroads for which Barton-Aschman
has been retained, Mn/DOT will prepare all other plans, purchase
all of the right-of-way and administer all construction
contracts. As indicted in the letter, the proposed schedule for
letting the bids on the Bypass is November, 1990 • .
Under the Drainage Construction Section, there are 3 separate
projects . Projects 1 and 2 are basically the existing Upper
Valley Drainage System that is designed and ready to bid as soon
as the trout stream issue is resolved . Project 3 is the
remainder of the Upper Valley Drainage Project from C. R . 17
westerly through C.R. 15 and also 5 north-south connections from
the Shakopee Bypass.
As indicated in the letter, March of 1990 is the latest date that
the City of Shakopee has to bid all 3 drainage projects without
delaying the bypass. Hopefully, Projects 1 and 2 will be bid and
constructed this year, depending on final permit approvals.
The City is currently designing Part 3 , as part of our $1 .0
million contribution to Mn/DOT, and OSM has been retained to do
this work. The Mn/DOT schedule indicates that the right-of-way
will be obtained by Mn/DOT or through the platting process .
Mn/DOT also indicates that they would like the City to construct
this project, which again consists of the remainder of the Upper
Valley System and 5 north-south connections from the Bypass.
Since portions of this project are actually in Jackson Township,
the City may want to request that Mn/DOT actually construct this
project. In either case cooperative agreements would need to be
executed with Jackson Township.
The other point staff would like to reiterate for Council is that
Mn/DOT is paying approximately 151 of the Upper Valley Drainage
Project, based on the percentage of stormwater runoff created by
the Bypass in relation to the total runoff generated by the
entire drainage basin. This same process will be used to
calculate the cost sharing for the 5 north-south lines from the
Bypass. Staff wanted to make Council aware that the City will
probably pay for 60-70% of those north-south storm sewers, in
addition to our share of the Upper Valley Project.
It should also be noted that in Mr. Crawford' s letter, Mn/DOT is
expecting the City to adopt a mandatory ponding ordinance, within
the Upper Valley Drainage Basin. This is the Comprehensive
Stormwater Management Plan submitted to Council for review
several weeks ago.
RECOMMENDATION:
A formal response should be drafted to Mn/DOT discussing the
proposed schedule , especially as it pertains to the City
commitments , and requesting any changes if desired. As staff
sees it, the main item that should be discussed is whether or not
the City should construct the 3rd drainage project or would it be
better for Mn/DOT to do the contract since a portion of this
project traverses through Jackson Township.
At this point, staff recommends that Mn/DOT complete this portion
of the construction.
ACTION REQUESTED:
Move to direct the appropriate City staff to draft a response to
Mn/DOT regarding the proposed Shakopee Bypass schedule, including
highway construction and drainage projects.
DH/pmp
MNDOT
th\NNESCTq Minnesota I
k
Department of Transportation
District 5
2055 No. Lilac Drive
OF Golden Valley, Minnesota 55422
January 27, 1989 (612)593- 8403
Mr. David Hutton t��'S?
City Engineer
City of Shakopee 0 1
219 East First Avneue 9 i�. rb41 3
Shakopee, MM 55379o�o'ef
I> 9
RE: C.S. 7005 ti
Shakopee Bypass/Drainage Status
Dear Mr. Hutton:
A recent review of District 5's program shows the following schedule for the
Shakopee Bypass highway construction and associated drainage:
Highway Construction
Plans R/W
Letting Preparation Purchased Construct
Project Date By By By
1 - 6 Crossroads and 8 Bridges 1/90 City Mn/DOT Mn/DOT
located at CSAR 15, Go. Rd.
77, Co. Rd. 79, CSAR 17,
CSAH 16 and Co. Rd. 83
2 - Grade & Surface the Bypass 2/90 Mn/DOT Mn/DOT Mn/DOT
from the junction with Old
T.H. 101 to 1000' east of
Boone Ave.
3 - Grade & Surface the Bypass 11/90 * Mn/DOT Mn/DOT Mn/DOT
from Co. Rd. 83 to the jct.
with Old T.A. 101
4 - Grade & Surface the Bypass 11/90 * Mn/DOT Mn/DOT Mn/DOT
from the jct. with T.H. 169
to Go. Rd. 83
Drainage Construction
Plans R/W
Project Letting Preparation Purchased Construct
Date a a a
1 - Storm Sewer from 600' 1/15/89 * City City City
West of CSAH 17 to 4th
Ave.
An Equal Opportunity Employer
.®,xc
Mr. David Hutton I
January 27, 1989
Page Two
2 - Storm sewer from 4th Ave. 9/89 * City City City
through Mill Pond
3 - Ditch/Storm sewer from 3/90 * City Mn/DOT City
2800' West of CSAH 15 to or
600' West of CSAH 17 plus Plats
5 north-south connections
to the Shakopee Bypass.
* Requires Cooperative Agreement, allow 3 - 4 months prior to letting.
Highway Construction Projects 11, #2 and #3 may precede the drainage
projects. Preliminary grading of Highway Project #4 may be concurrent with
the drainage construction. However, in order to complete the portion of the
highway shown as Project #4, it will be necessary to have all three portions
of the drainage construction completed prior to beginning final grading and
surfacing of Highway Project A. Therefore, the March 1990 letting for
Drainage Project #3 would be the latest date which would permit the
completion of the Shakopee Bypass as scheduled.
It is my understanding that Drainage Project #1 was not let on 1-15-89 and
will not be let until agreement on mitigation measures for Drainage Project
#2 has been reached with the permitting agencies. Drainage Project #2 storm
swat design is complete with the exception of mitigation measures and the
cooperative agreement.
As the Project 01 cost share between Mn/DOT and Shakopee was based upon
design criteria which reflects ponding in most of the designated areas shown
in the Shakopee Comprehensive Drainage Plan, it is expected that the City
will take steps to protect these ponding areas within the City limits by
either a mandatory ponding ordinance or obtaining the necessary ponding
easements. If it is decided to modify the design criteria to include
mandatory ponding in all areas within the City limits as defined by
ordinance or easements, the drainage plan for the Shakopee Bypass for the
contributing drainage areas will be modified to include additional ponding
also.
In addition, the District 5 Hydraulics Engineer, Ellen Anderson, is
available to work with your Design Consultant as the proposed mitigation
measures are developed and she will request assistance from the Mn/DOT
Environmental Services staff if deemed helpful. As the highway projects
between T.H. 169 and CSAR 16 cannot be completed without the downstream
drainage, it is imperative that the permit and associated mitigation issues
be resolved in a timely manner.
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January 27, 1989
Page Three
Accordingly, please review the above proposed schedule and division of
responsibilities to determine the feasibility of completion. provide any
revisions necessary at this time or as they develop to Mike Christensen
(593-8404), Assistant District Engineer. Thank you for your interest and
attention to this project.
Sincerely.
WillGa ord. P.E.
District Engineer
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MEMO TO: Dennis Kraft, Acting City Administrator
FROM: Dave F:uttcn, City Er,_ 'neer .-
SUBJECT: 3rd Avenue from Spencer Street to Shumway Street
DATE: March 1 , 1989
INTRODUCTION:
Attached is Resolution No. 3028 Calling for a Second Public
Hearing on Improvements to 3rd Avenue Between Spencer and Shumway
Street and various north-south streets within those project
limits between 3rd Avenue and 4th Avenue.
BACKGROUND: r xa. .. _. ...
On February 21 , 1989 a public hearing was held for improvements
to 3rd Avenue between Spencer Street and Shumway Street and
various north-south streets within those project limits between
3rd Avenue and 4th Avenue. The proposed improvements consist of
reconstructing the street including sewer, water, sidewalk, curb
& gutter and pavement.
At the conclusion of the public hearing, City Council ordered the
preparation of plans & specifications by adopting Resolution No.
3021 .
During the public hearing, one property owner indicated that they
had not received the official notification of the hearing. Staff
has researched this omission and has discovered that 17 separate
parcels were inadver-Gently omitted from the original mailing `or
the tearing.
Staff has no legitimate ev;r anation for tris error. It was
simply a miscommunication amongst staff.
In talking to the City Attorney and City Clerk, staff has drawn
the conclusion that a second public hearing is required to
satisfy the requirements of Minnesota Statutes for 429. This
second public h^aring would ba for the benefit of those parcels
that were not notified of the first public hearing. Attached is
a map and list of those properties that were not notified.
The City Clerk has indicated that the original motion ordering
the plans & specifications should be reconsidered until after the
second public hearing .
Attached is Resolution No. 3028 which calls for a second public
hearing on this project for Council consideration.
ALTERNATIVES:
1 . Adopt Resolution No. 3028.
2 . Deny Resolution No. 3028.
RECOMttENDATION:
Staff recommends Alternative No. 1 , to adopt Resolution No. 3028
and hold a second public hearing on this project. Those people
who were not notified of the first public hearing would be
notified of this public hearing. Those people who have already
been notified of the first public hearing, would not receive a
second notification.
ACTION REQUESTED:
1 . Reconsider Resolution No. 3021 , which ordered plans &
.specifications prepared for this project. . _
2. Table Resolution No. 3021 .
3 . Offer Resolution No. 3028 , A Resolution Calling a Second
Hearing on Improvements to 3rd Avenue Between Spencer Street
and Shumway Street and to Spencer , Sommerville, Lewis ,
Fuller, and Atwood Streets all Between 3rd and 4th Avenues
and to Scott Street, Between 2nd and 4th Avenues, Project
No. 1989-5 and move its adoption.
DH/pmp
MEM3028
Notices Sent to the Follcwing F�ccerty 2waers:
Lisa Hoff ! avid Deichel.)cl:rer & Wife
416 2nd Ave. W. 6365 E. 250th St.
Shakopee, MN 55379 Elko, MN 55020
Wayne Olson & Wife Kenneth & Flary Fewatt
420 W. 2nd Ave. 328 E. 3rd Ave.
Shakopee, MN 55379 Shakopee, MN 55379
Joel Hafermann & Wife Roger & Dolores Marschall
514 W. 3rd Ave. 314 E. 3rd Ave.
Shakopee, MN 55379 Shakopee, MN 55379
Julia Krauth Charles & Victoria _Everett
520 W. 3rd Ave. - 424 E. 3rd Ave.
Shakopee, MN 553719 Shakopee, MN 55379
Larry & Jeryl Paul Rick Welch
528 W. 3rd Ave. - 412 E. 3rd Ave.
Shakopee, MN 55379 Shakopee, MN 55379
Frank & Catherine Majerus
212 W. 3rd Ave.
Shakopee, MN 55379
John & Lorraine Ries
220 W. 3rd Ave.
Shakopee, MN 55379
Charley b Inc .
5607 Green Circle Dr. 5'113
Minnetonka, MN 55343
J. C. Kohlrusch
2255 W. 145th St.
Shakopee, MN 55379
Nettie Majerus
130 E. 3rd Ave.
Shakopee, MN 55379
Marvin & Cheryl Gerth
122 E. 3rd Ave.
Shakopee, MN 55379
Raymond Deutsch & Wife
305 Holmes
Shakopee, MN 55379 -
William & Barbara Edy
15310 Edgewater Circle N.E.
Prior Lake, MN 55372
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RESOLUTION NO. 3028
Calling a Second Hearing on Improvements
to 3rd Avenue Between Spencer Street and Shumway Street
and to Spencer, Sommerville, Lewis, Fuller and Atwood Streets
All Between 3rd and 4th Avenues and to
Scott Street Between 2nd and 4th Avenues
Project No. 1989-5
WHEREAS, pursuant to Resolution No. 2971 cf the City Council
adopted October 18 , 1983 , a report has been prepared by Davie
Hutton, City Engineer, with reference to the improvements of 3rd
Avenue between Spencer Street and Shumway Street and all north-
south streets within these project limits between 3rd Avenue and
4th Avenue by street reconstruction including sewer, water ,
sidewalk , curb & gutter and pavement, and this report was
received by the Council on February 7 , 1989; and
:lHE?EAS, pursuant to Resolution No. 3015 of the C_ty Council
adopted February 7 , 1989 . the first public hearing was held on
February 21 , 1989 and pubic testimony was received on this
project; and
WHEREAS, several property owners were inadvertently omitted
from the original mailing for the official notification of a
hearing and the City Council desires to allow these owners the
opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA:
1 . The Council will again coesider the irprovexert of ;r.^.
Avi nue tetwaen S�_rcer Street and Shur-way Street an- a_i ncr ; -
z-ut: z .reets within tr' 5e pro,--c`, limits t3tween 3zd =-V 2....aanf
4th :.r:n :
i , accordance witi the rercrt and the ass=ss^er.t c_=
abutt'_n; and benefitted propert; for 11 or a perticn of the cost
of the improvements pursuant to Minnesota Statutes Chapter 429 at
an estimated total cost of the improvement of $1 , 117 ,000 .00 .
2. A second public hearing shall be held on such proposed
improvements on the 21st day of March, 1989 , at 7 : 30 P. M. , or
hereafter, in the Council Chambers of City Hall, at 129 East 1st
Avenue and the Clerk shall give mailed and published notice of
such hearing and improvement to those properties that were
inadvertently omitted from the mailing for the first hearing, as
required by law.
3• The work of this project is hereby designated as part of
the 1989-5 Public Improvement Program.
Adopted in session of the City Council of
the City of Shakopee, Mir.nesotz , i:eld this _ day of
19_•
the City c` 5;.akcc.ee
ATTEST:
City Clerk
Approved as to fora this day of
19
City Attorney
March 4 , 1969 ',_
, . - :. ]98989
c , .
Clear Shakopee City Council Members:
Soon you will be deciding who to hire as. the city
attorney for Shakopee . I understand that Kathleen Morris is
one attorney you are considering.
I just want to remind you that less than three years
ago the voters of Scott County ( including Shakopee) said
loud and clear that we wanted Morris out of public office .
Over her eight years of experience we voted for a young kid
right out of school .
When you make a decision on who to hire , you are not
deciding what attorney you , personally, would go to. You
are deciding for us, the residents of Shakopee . We already
decided we did NOT want Morris.
If you really believe Morris is the best one for this
job, please give the voters advance notice and plenty of
chance for input . I don' t believe the majority in Shakopee
wants to turn our city into a three-ring circus for the news
media. again .
Sincerely,
A Shakopee Resident
11
March 4 , 19E5
r
Kathleen Morris
Attorney at Law _
Shakopee , MN 55374
Dear Ms. Morris:
I am a Shakopee resident who is very angry that you
have a.pplied to represent the public as the city attorney in
Shakopee . I art. angry because the voters, less than three
years ago, voted You out of office by a. large maroin . We
elected a Young, inexperienced attorney -- not because he
was so good -- but because we were so unhappy with the way
you handled things during your eight years in office .
Applying for a public Job now is like slapping the
citizenry in the face and saying: ' I don' t care what you
want , fools, I 'm going to find another way to take some more
of your money. `
If private citizens want you as their attorney, that's
fine . But it's going to take a. long time before you have
the public's trust again .
Sincerely,
A Shakopee Resident
MEMO TO: Dennis R. Kraft, Acting City Administrator
FROM: Judith S. Cox, City Clerk
RE: Snow Removal from Sidewalks
DATE: March 3, 1989
INTRODUCTION:
At the last Councilmeeting, Councilman Clay asked staff to
research recent council actions to determine if the snow removal
policy has been changed to give property owners 36 hours to
remove snow from sidewalks after a snow fall.
BACKGROUND:
Through the use of our new textware software, staff has
researched the Council minutes for 1988 and have found no action
taken by Council addressing snow removal from sidewalks within 36
hours.
Since the current city code was adopted in 1978, snow
removal from sidewalks was required within 12 hours. On February
2, 1988, "Councilman Clay initiated discussion about requiring
property owners to remove snow from sidewalks within a certain
number of hours. He suggested the time limit could be extended
to make it more practical. " Council then "directed staff to come
back with some alternatives regarding the requirement of property
owners to remove snow from sidewalks."
On March 1, 1988, Council received a memo from staff with
recommendations on amending the city code (attachment #1) .
Included with the memo was a survey of other cities and what
their requirements are for snow removal after a snow fall. Also,
on March 1st, Council adopted Ordinance No. 241, which continues
to require snow removal from sidewalks in the commercial areas
within 12 hours, and changed the requirement for snow removal in
areas other than commercial to 24 hours.
On January 17, 1989, the Acting City Administrator reviewed
the present snow removal ordinance saying that at the present
time the City is not enforcing the ordinance. There was then
discussion about amending the current time required to remove
snow after a snow fall. According the the minutes of Jan. 17th,
there was a consensus of Council to change the City Code to
require property in the downtown district to remove snow from the
sidewalks within 24 hours, including residential property within
the downtown district. Council did make a motion that the snow
removal ordinance be enforced rather than go by complaints.
There was no motion requesting that the a new ordinance be
drafted changing the hours.
Snow Removal From Sidewalks I'
March 3, 1989
Page -2-
ALTERNATIVES:
1) 12 hrs in all zones 1978-1988 requirement
2) 12 hrs in commercial zones current requirement
24 hrs in all other zones
3] 24 hrs in all zones
4] 24 hrs in commercial zones
36 hrs in all other zones
5] 36 hrs in all zones
6] other
RECOMMENDATION:
Staff recommends that Council review the attached memo and
direct staff to prepare the appropriate ordinance if any
amendment is desired.
SNOWMEMO
ATTACHEMENT #1
MEMO TO: John K. Anderson, City Admtnist ator
FROM: Judith S. Cor., City Clerk '\ ,
RE: Snow Removal From Public Sidewalks
DATE: February 18, 1988
INTRODUCTION:
On February 2, 1988 , the City Council discussed briefly the
city code requiring the removal of snow from public sidewalks
within 12 hours after a snowfall. After discussion, Council
asked staff to bring additional information on the matter to
Council.
BACKGROUND:
A number of cities were called to determine what require-
ments other cities have adopted (see attached survey) . The
increments being used are 12 hours, 24 hours, and 48 hours.
The Public Works Superintendent suggested adopting the concept
used by the City of Minneapolis, allowing the residential areas a
longer period of time than the commercial areas.
After discussion, consensus among the Public Works
Superintendent, Building Inspector, City Administrator and City
Clerk was to allow the residential areas 24 hours to remove
snow from public sidewalks, but leave the commercial areas at 12
hours. The rationally for leaving the commercial areas at 12
hours is because the sidewalks are used more in these areas.
ALTERNATIVES:
11 Status quo - snow removal within 12 hours in all areas
2] snow removal within 12 hours for commercial and 24 hours
for residential areas as well as other areas ( zones)
3 ] Snow removal within 24 hours for all areas
4] Other
RECOMMENDATION:
Alternative 2, require the removal of snow within 12 hours
in the commercial areas and within 24 hours in all other areas.
RECOMMENDED ACTION: -
Offer Ordinance No. 241, amending the city code to require
snow removal in commercial areas within 24 hours after a snowfall
and require snow removal in all other areas within 24 hours after
a snowfall.
ORDINANCE NO. 241
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING
SHAKOPEE CITY CODE CHAPTER 7 ENTITLED "STREET AND SIDEWALKS
GENERALLY" , SECTION 7. 04 ENTITLED "ICE AND SNOW ON PUBLIC
SIDEWALKS", SUBDIVISION 1 ENTITLED "ICE AND SNOW A NUISANCE" BY
CHANGING THE NUMBER OF HOURS AFTER WHICH SNOW SHALL BE REMOVED
FROM PUBLIC SIDEWALKS AFTER A SNOW FALL; AND, BY ADOPTING BY
REFERENCE, SHAKOPEE CITY CODE CHAPTER 1 AND SECTION 7.99 WHICH,
AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS:
SECTION I. Shakopee City Code, Section 7.04, Subdivision 1,
is hereby amended, to read:
Subd. 1. Ice and Snow a Nuisance. All snow and ice
remaining on public sidewalks is hereby declared to constitute a
public nuisance and shall be abated by the owner or tenant of the
abutting private property within twelve (12) hours after such
snow or ice has ceased to be deposited upon property zoned
commercial and within twenty four (24) hours after such snow or
ice has ceased to be deposited upon property zoned other than
commercial.
SECTION II Shakopee City Code, Chapter 1, entitled
"General Provisions and Definitions Applicable to the Entire City
Code Including Penalty for Violations" And Section 7.99 entitled
" Violation a Misdemeanor or Petty Misdemeanor" are hereby
adopted in their entirety, by reference, as though repeated
verbatim herein.
SECTION IIT After the adoption, signing and attestation cf
this ordinance, it shall be published once in the official
newspaper of the City of Shakopee and shall be in full force and
effect on and after the date following such publication.
Adopted in session of the City Council of the City
of Shakopee, Minnesota, held this day of
1988.
ATTEST: Mayor of the City of Shakopee
City Clerk _
Approved as to form this
day of 1986.
City Attorney
SURVEY REGARDING SNOW REMOVAL FROM PUBLIC SIDEWALKS FEB. 11 , 1988
Chaska - 24 hrs. - after 24 hours a warning is issued giving property
owner another 24 hours to remove snow; if property owner does
not remove snow, the city will do it and bill the property
owner (or contract with someone to do it)
Prior Lake - City Code does state that snow shall be removed, but does
not state an amount of time within which it must be removed.
The Police Department has issued a few warnings to some
property owners who haven' t shoveled and given them 24 hours
to do so.
Bloomington - City Code does state snow must be removed within 12 hours
after snowfall, but they don't really enforce it because the
City plows the sidewalks
Richfield - The City plows the sidewalks
Brooklyn Center - The City plows the sidewalks
Apple Valley - 48 hrs. - if snow is not removed within 48 hours, a
ticket is issued which could be up to a $100.00 fine - usually
a $10.00 fine - and snow must be removed within 24 hours or
another ticket is issued.
Minneapolis - Commercial - 4 daylight hours
Residential - 24 hours
If after that time snow is not removed a warning is issued
giving them five days - if after that it is not removed, City
will do it and bill the property owner
Chanhassen - they have very little public sidewalk and the City plows
it.
Burnsville - City Code does state snow must be removed within 12 hours
after snow fall . They do not enforce it.
Hopkins - City Code states snow must be removed within 12 hours
after snow fall. If snow is not removed within 12 hours
a violation notice is given giving 48 hours to remove
snow. If not done after that City does it and bills the
owner.
St. Paul - City Code states snow must be removed within 24 hours
after snow fall. If not removed within 24 hours a
warning is given giving 4 days to remove snow. If not
done after that a fine is given.
i
V
MEMO TO: Dennis Kraft, Acting City Administrator
FROM: David Hutton, City Enginee
SUBJECT: Motor Vehicle Excise Tax (MVET) Fund
DATE: February 25 , 1989
INTRODUCTION:
Attached is Resolution No. 3025 A Resolution Recommending Funding
for Street Construction in the State of Minnesota for Council
consideration.
BACKGROUND:
Attached is a letter from the City Engineers Association of
Minnesota discussing the existing legislation regarding the Motor
Vehicle Excise Tax (MVET) and Highway Funding.
The letter is fairly self-explanatory. In short, the current
MVET legislation (passed in 1988) has a Sunset Clause in it that
will eliminate the cities and counties from being included in the
distribution of those MVET Funds. This will occur in 1992, with
no other discussion since it is existing legislation.
The City Engineers Association has passed a resolution opposing
this " Sunset Clause" and are encouraging cities and counties to
do the same.
Attached is Resolution No. 3025, stating just that for Council
consideration.
In addition to the opposition to the Sunset Clause , the
resolution also supports a 100% transfer of the MVET to the
transportation fund. Currently, only 30% of this tax goes to the
transportation fund, although the governor is proposing a 5%
increase in 1990 and a 10% increase in 1991 (raising the total to
45%) .
ALTERNATIVES:
1 . Adopt Resolution No. 3025.
2. Deny Resolution No. 3025.
RECOMMENDATION:
Staff recommends Alternative No. 1 .
ACTION REQUESTED:
Offer Resolution No. 3025, A Resolution Recommending Funding for
Street Construction in the State of Minnesota and move its
adoption.
DH/pmp
MVET
CITY ENGINEERS ASSOCIATION
of MINNESOTA
_ February 13, 1989
J
T0: City Engineer or City Clerk -
Shakopee
RE: Reduction in Your Share of State Aid Road Funds
Legislation (House File 1749) which wasassed in 1988
p provided for continuation
of the sharing by the state, counties, and cities of monies transferred from the
Motor Vehicle Excise Tax (MVET) to the Highway User Tax Distribution Fund. That
legislation has a Sunset Clause that will eliminate the counties and cities from
sharing those MVET funds in 1992.
This is a concern to all cities. The figures below will give you an idea of the
losses in State Aid funds for roads that your city will experience after 1991
under the present law. The figures compare funds that are allocated to you in
1989 with the money you would have received in 1989 if the Sunset Clause cutoff
had taken effect in 1989. The actual figures for 1992 are unknown at this time.
Actual 1989 Allocation 1989 Allocation Net Loss in 1989 State Aid
if MVET had been Funds if MVET Funds had been
Eliminated in 1989 Eliminated for 1989
$376,653 $355,126 $21,527
The City Engineers Association of Minnesota unanimously passed the attached
Resolution concerning MVET funding. It is forwarded for your information and as
a sample that may be used for your city's consideration of passing a similar
resolution.
Your assistance in your city's passing and forwarding a similar resolution to
your legislators, and/or other contacts with your legislators, is encouraged.
Passage of legislation to eliminate the Sunset Clause and continue cities
sharing the MVET income for road purposes is important to all cities. Your
efforts will be greatly appreciated.
If you have any questions, please contact one of the following persons:
Bruce Bullert (507) 645-8831 Jim Grube (612) 924-2551
Larry Anderson (612) 447-4230 Ken Saffert (507) 625-3161
Ron Rudrud (612) 881-5811
Yours truly,
Ronald L. Rudrud, P.E.
President, CEAM
CITY ENGINEERS ASSOCIATION OF MINNESOTA
RESOLUTION RE: FUNDING FOR STREET CONSTRUCTION IN MINNESOTA
Res. No. 1989-1
WHEREAS, the City Engineers Association is composed of over 100 members
throughout Minnesota representing nearly every city over 5000 population in
the state; and
WHEREAS, its members are particularly aware of the transportation needs
of the cities and counties in the State of Minnesota; and
WHEREAS, the street and highway system is deteriorating at a ,rate faster
than the financial ability to maintain and rebuild it; and
WHEREAS, transportation funding is a high priority issue of 1989; and
WHEREAS, it is appropriate to use road user funds for major street and
road construction rather than using property tax; and
WHEREAS , county and city government highway and street plans are
predicated on proceeds from the Motor Vehicle Excise Tax (MVET) , many county
and city plans will be cut back or not completed.
WHEREAS, the percent of local participation in the construction and
reconstruction of state owned highways is increasing.
NOW THEREFORE, BE IT RESOLVED that City Engineers Association of Minnesota,
meeting January 19, 1989, recommends that the 1989 session of the Legislature
provide for the transfer of 1008 of the MVET to the road user fund to provide a
stable source of adequate funding for the construction and maintenance of
streets and highways in the state.
BE IT FURTHER RESOLVED that the "sunset" provision included in the 1988
Transportation Funding Bill be removed so that MVET revenue can continue to go
to the Highway User Tax Distribution Fund so that it can be used for city
streets and county roads in the State of Minnesota.
HE IT FURTHER RESOLVED that this resolution be forwarded to the Governor,
the Commissioner of transportation, and to the members of the State
Legislature.
Unanimously passed and adopted at their annual meeting this 19th day of
January, 1989. n do } Q y
6 -
Secretary President
CONSENT IzG
MEMO TO: Dennis R. Kraft, Acting City Administrator
FROM: Barry A. Stock, Administrative Assistant
RE: Refuse Collection Rate Increase - Resolution #3026
DATE: February 24, 1989
INTRODUCTION•
On December 20, 1988 the Shakopee City Council approved the
new refuse contract which provided for the collection of
recyclables in conjunction with regular refuse. The new contract
provided for a rate increase on the 15th day of month in which
the new refuse/recycling program would be implemented.
BACKGROUND:
In accordance with the City of Shakopee refuse/recycling
agreement with Waste Management Inc. , it would be appropriate to
amend the 1989 fee schedule providing for an increase in the
refuse collection rates. Waste Management intends to implement
the new program of refuse collection in conjunction with
recyclables on March 13, 1989. Therefore, it would be
appropriate for City Council to approve Resolution #3026 amending
the 1989 fee schedule providing for an increase in the refuse
collection rates.
The current contract provides that the refuse/recycling
collection rate will be increased on the 15th day of the month in
which the new refuse/recycling program is implemented. Per the
refuse/recycling agreement, the charge for regular pick-up shall
be $9.89 per month and senior citizen pick-up shall be $8.3e per
month. 45 115
Shown in attachment #1 is Resolution #3026 providing for the
increase as setforth in the refuse/recycling agreement between
the City of Shakopee and Waste Management Inc.
ALTERNATIVES•
1. Move to offer Resolution #3026 amending Resolution #2987
adopting the 1989 fee schedule providing for an increase in
the refuse collection rates.
2 . Do not approve Resolution #3026.
3 . Table action on this issue pending further information from
staff.
RECOMMENDATION•
Staff recommends alternative #1.
ACTION REOUESTED:
Move to offer Resolution #3026 amending Resolution #3001
amending the 1989 fee schedule providing for an increase in the
refuse collection rates.
7� - ENT
RESOLUTION NO. 3025
A Resolution Amending Resolution No. 3001
Amending the 1989 Fee Schedule and Providing for an
Increase in the Refuss Colle-tion Rates
WHZREAS, -e Shakopee City Council passed Resolution No.
2987 adopting the 1989 fee schedule, ;
WHEREAS, Resolution No. 29£7 was subsequantll amended by
Resolution No. 3001 providing for an increase in refuse
collection rates due to an increase in landfill tipping fees, ;
and
�:.FEI-AS, the C_ty
of Shakooee has a raf�tse cciiecticn
contract with Waste Management Inc. , that provides for a rate
increase when the new re£usa/recycling program is implemented.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the
city of Shakopee, Minnesota, that Resolution No. 3001 is hereby
amended by increasing the refuse collection fees to the following
rates effective March 15, 1989: ///
Regular Citizen Service - $9 ." per month/5¢ ?Jm-:nsf�a��✓z �c='S
Senior Citizen Service - $8 .36 per month r/54 9Am.nsfrof:rfi Costs)
/S
d^ ed se=Sic. c- the C;` curzil of
t:12 Cl=j' of ShaKccce, Dain:asora held this day r.'
1939. -
Mayor City of Shakopee
ATTEST:
city C_er"
Approved as to form, this _
day of 1989 .
City Attorney
/30,/
MEMO TO: Dennis R. Kraft, Acting City Administrator
FROM: Judith S. Cox, City Clerk
RE: Chamber of Commerce Raffle
DATE: March 7, 1989
INTRODUCTION•
The City has received a letter from the Shakopee Chamber of
Commerce asking that the City consider waiving the 60 day
reviewal period for their gambling license application to the
State Gambling Board.
BACKGROUND:
The Shakopee Chamber of Commerce is making application to
the State Gambling Board for a gambling license in order to
conduct a fund raising raffle in conjunction with their spring
dance of Friday, April 14, 1989. According to the State Law, a
Municipality has 60 days to notify the Gambling Board if the
Municipality wishes a license to be denied by the State Gambling
Board. After the 60 day reviewal period, and if everything is in
order, the Gambling Board would issue a license. The Shakopee
Chamber of Commerce does not have 60 days from the time they make
application until their spring dance on April 14, 1989. The
Chamber of Commerce does meet the requirements of the City Code
which limit gambling activities to organizations which carry on
their activities in and are located and based in the City. Prior
to issuance of a gambling license, the State Gambling Board will
investigate to make sure that the Chamber of Commerce meets the
requirements of State Law.
ALTERNATIVES•
1. Waive the 60 day reviewal period.
2. Do Not waive the 60 day reviewal period.
RECOMMENDATION:
Alternative 1 - Waive the 60 day reviewal period.
RECOMMENDED ACTION:
Move to waive the 60 day reviewal period for a gambling
license for the Shakopee Chamber of Commerce in order that they
may conduct a raffle on April 14, 1989.
JSC/tlV
tri
thak ee CHAMBER OF COMMERCE
CONVENTION & VISITORS BUREAU
March 3, 1989
Shakopee City Council
129 E 1st Ave.
Shakopee, MN. 55379
Dear Members of the Council :
We have made application to the Charitable Gambling Control
Board for our Chamber of Commerce Fundraising Raffle in conjunction
with our spring dance on Friday, April 14th.
We hereby request the Council to waive the 60 day waiting period.
Thank you for you consideration.
jSince_eyl
risten L. Converse
Executive Director
KLC/dbs
1801 Trunk Hwy. 101 P.O. Box 203 Shakopee,Minnesota 55379 612-445-1660
l �
MEMO TO: Dennis R. Kraft, Acting k inistrator
FROM: Judith S. COX, City Cler
RE: Senior Community Servicesiployment Program
DATE: March 7, 1989
INTRODUCTION•
Attached is an agreement between Scott County Human Services
and the City of Shakopee which will continue the City's
participation in the Senior Community Services Employment
Program.
BACKGROUND:
Since October of 1986, the City has been participating in
the Senior Community Services Employment Program of Scott County.
The program provides part-time subsidized employment
opportunities for eligible individuals in jobs providing services
to the elderly and the general community. Since the fall of
1986, Hazel Ecklund has been working 2 1/2 hours per day under
the program in the City Clerk's office. She has been purging
records according to the records retention schedule adopted by
the City Council previously.
Total compensation is provided by the County. The attached
agreement is for the period from July 1, 1988 to June 30, 1989
and is identical to the previous agreements. (Because of a
reorganization of staff within the Scott County Human Services
Department, this agreement is coming to us later than usual. )
ALTERNATIVES•
1. Renew Agreement - (Expires June 30, 1989)
2. Do Not renew agreement.
RECOMMENDATION:
Staff recommends continuation of the program from July 1,
1988 through June 30, 1989.
ACTION REQUESTED:
Authorize proper City Officials to enter into a public
sector work site agreement with the County of Scott for the
delivery of employment and training services through the Senior
Community Services Employment Program.
JSC/tiv
MEMO TO: Dennis Kraft, Acting City Administrator
FROM: Steve Hurley, MIS Coordinator
SUBJECT: Payment for Scanner
DATE: 3/7/89
INTRODUCTION/BACKGROUND:
At a previous meeting City Coucil gave approval for purchase of
an optical character reader/scanner. The scanner is to be
installed Thursday March 9th and payment in full is being
requested at the time of the initial training session on Friday
the 10th.
REQUESTED ACTION:
Approve payment to SMI of Bloomington, MN in the amount $4345.00
for a Kurzweil Discover 7320 Model 10 scanner.