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Home My WebLink About10/09/1990 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: October 5, 1990 1 . Attached is a proclamation proclaiming the month of October, 1990 as "St. Francis Regional Medical Center Month" . 2 . Attached is correspondence from Barry Stock that was sent to all Election Candidates regarding the Sign Ordinance as it relates to campaign signs. 3 . Attached is the Building Activity Report for September. 4 . Attached are the September 15, 1990 minutes of the Shakopee Community Youth Building Committee Meeting. 5 . Attached are the September 6, 1990 minutes of the Planning Commission. 6. Attached is the October 4 , 1990 Planning Commission agenda. 7 . Attached are the September 6, 1990 minutes of the Board of Adjustments and Appeals. 8 . Attached is the October Business Update from City Hall . 9 . The Police Department has approved a request to close 6th Avenue between Lewis and Sommerville on October 6th from 0800 to 1100 am so that area can be used for the start/finish line for the annual Shakopee Area Catholic Schools Marathon. 10. Attached is the Police Newsletter for Council review. 11 . Attached is the October 10, 1990 Downtown Committee agenda. 12 . Attached are the September 12 , 1990 minutes of the Downtown Committee meeting. 13 . Attached is a memorandum from Dennis Kraft regarding authorization of payment of liability insurance for the City Attorney. 14 . Downtown business owners and tenants have recently been informed of the second funding cycle for the rehab grant program. Information on the program and applications are available at City Hall. The application deadline has been set for November 15, 1990. 15. City staff is currently in the process of completing the 1990 Business Retention and Expansion Survey. In conjunction with this years survey 38 industrial businesses and 33 retail businesses will be contacted. The business retention and expansion survey provides business owners with the opportunity to share concerns that they may have with the City. The business retention and expansion survey is an annual Star City recertification requirement. 16 . The newly created Park Advisory Board will be meeting on October 23 , 1990 at 7 : 00 p.m. in the Shakopee City Council Chambers. The meeting will serve as an orientation session for the new Park Advisory Board members. Additionally, City staff present a brief review of the Comprehensive Plan, Capital Improvement Plan, and a discussion of Park Dedication Fees. Although the new Park Advisory Board does not officially take office until January 1, 1991, we are hopeful that we can begin to establish a 1991 work plan consistent with the Comprehensive Plan and the City Council Strategic Plan prior to the new year. 17 . City staff is currently investigating the possibility of implementing a cafeteria benefits program within the City of Shakopee. The plan would also include the establishment of flexible spending accounts. Staff is investigating this program because it would serve to provide Shakopee employees with greater benefits at no cost to the City. In conjunction with the cafeteria program, staff is also investigating the possibility of establishing a wellness program. Staff is hopeful that a summary analysis on each of these issues can be completed and presented to City Council before the end of the year and either a general meeting or worksession. 18 . Attached is a copy of the draft ordinance requiring gambling proceeds to be spent in Shakopee. This is a draft in follow up to Council action on September 18th. All licensees will be receiving a copy and will be invited to the October 16th Council meeting, when the ordinance will be placed on the agenda. See also, cover memo from the City Clerk attached. 4 1 . .„. _ -..: . . .. _. . .: .: . . . ,. . .... : . . . ... • _ . ..._ • ... . - • CITY OF SHAKOPEE OFFICE OF THE MAYOR • PROCLAMATION WHEREAS, St. Francis Regional Medical Center extends services to the residents of Shakopee through many different programs; and ;'` WHEREAS, St. Francis Regional Medical Center is a • responsive integrated organization of dedicated _`.- individuals providing medical services and linking `a: - community resources to all people in order to help them achieve their optimum health and human worth; and WHEREAS, Since 1938, St. Francis Regional Medical Center has provided innovative approaches to delivering health care which has brought a unique blend of medical expertise and superior service to the Southwestern suburbs and particularly the City of Shakopee; and • 4" WHEREAS, St. Francis Regional Medical Center has �� made a strong commitment in the treatment of the 110:..., intensive-care patient as well as in the development of programs to promote disease prevention and maintain affordable health care costs; and -Vt.::: :- �.T WHEREAS, St. Francis Regional Medical Center continues to look for new and better ways to deliver medical services and health care programs. NOW, THEREFORE, I, Gary L. Laurent, Mayor of the City of Shakopee, do hereby proclaim the month of October, 1990 as "St. Francis Regional Medical Center • Month" in the City of Shakopee, and I call upon all • ' "' citizens and civic organizations to acquaint themselves with St. Francis Regional Medical Center and to recognize the contributions which St. Francis Regional Medical Center makes everyday to our health, safety and comfort. • Given under my hand and the seal of the City of Shakopee this 1st day of October, 1990. �ic [i�, � 134. > �lc� ki , . Mayor of the City of Shakopee :4•4 ' ft:. '+- . iii/ \� 'f' ATTEST: • . • i 1 1W Ar...)•:41fr 4)-' to . _. (--..\‘ (..,eV A ,.. tCIty,Clerki Al0 0:4 . is i-, •I �, R' i a % h`(} , # (9- CITY OF SHAKOPEE INCORPORATED 1870 , 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612)445-3650 A KQ1 s September 24 , 1990 ;:. Dear Election Candidate: With this fall ' s elections in full swing, I wanted to take a moment to inform all candidates of the Sign Ordinance in Shakopee as it relates to campaign signs. I would strongly encourage you to share the following information with your campaign chairpersons and workers . Shown in Attachment #1 is a copy of the Shakopee City Ordinance as it pertains to election signs. Please note that all campaign signs in Shakopee must be placed two feet back from the curb line. Additionally, at street intersections, signs must be placed 30 feet back from the street corner. I have included a schematic drawing (Attachment #2) of a typical intersection which visually displays the application of this provision. If you have signs placeed which are in violation, please have them relocated before October 1, 1990 . After that date, the City will begin enforcing the Ordinance. Scott County will be responsible for enforcement along County Highways. The County Engineer has informed me that their policy requires election signs to be placed outside of their right-of-way. Questions regarding County Roads should be addressed to Mr. Brad Larson, Scott County Engineer. I have personally been involved in several campaigns in the past and understand the maintenance challenge that campaign signs present in running an effective campaign. I trust that the information included herein will serve to alleviate potential problems as the election date draws near. If you have any questions regarding the information contained herein, please feel free to call me at #445-3650. Good Luck in your campaign. Sincerely, ray I Bar A. St.ck Assistant City Administrator Attachments (2) BAS/tiv The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER Attachment # 1 6. Campaign signs posted by bona fide candi- dates for political office or by a person or group promoting a political issue or a candidate may be placed in any zoning district. Signs must be no larger than 20 square feet nor higher than 5 feet and may be posted for a period not to exceed sixty (60) days and shall be removed within seven (7) days following the date of the election. Signs must be erected at least 2 feet back from the curb line of any street and at least 30 feet away from any street corner and should not in any way obstruct traffic. Signs 5 4. 30 placed on private residential property or on the right-of-way in front of any private property, must have the approval of the property owner. Campaign signs may not be placed on any other publicly-owned property. Signs located in _ conflict with this Section shall be removed by the City at the expense of the .,.candidate or property owner. ~� 7. Temporary signs shall conform to setback requirements in Subparagraph A of this Subdivision and any other requirements applying to the specific zoning district. C. Directional Signs. 1. One directional sign for each separately owned tract of land is permitted in all districts. (Except for commercial recreation facilities of a major magnitude and complex centers which shall be allowed one directional sign for each public access) . Directional signs shall bear no advertising and shall not exceed 4 square feet in area. 2. One address sign recognizable from the street shall be required per building or facility in all districts. • D. Awnings , canopies and marquees shall be considered an integral part of the structure to which they are attached. One sign may be permitted on each side and front of a marquee or canopy but such structure shall not be considered as Attachment # 2 y a Ii X •P 79 -4 • --< 0 I\ �ti z ) > 171\.)<, -.. 4.-...,::H.,:::::::::,:,. - 1 P 30 - rIll -c 7 YP/CAL ) z z 1 K z_ K 3 \ U\ fil ai r T C/ SCOTT COUNTY NOTE: FILINGS OPEN JULY 3, THROUGH JULY 17, 1990 . SEPTEMBER 11 , 1990 PRIMARY ELECTION NOVEMBER 6, 1990 GENERAL ELECTION OFFICE INCUMBENT OPPOSITION COMMISSIONER DID NOT FILE ,j DICK UNDERFERTH DISTRICT 4 14369 RUTGERS ST NE PRIOR LAKE, MN 55372 JACK OAKES 2720 OAKES LN NW PRIOR LAKE, MN 55372 COUNTY ATTORNEY JAMES TERWEDOMARK H. STROMWALL 313 CENTRAL AVE. N. 16264 LAKESIDE AVE. NEW PRAGUE, MN 56071 PRIOR LAKE, MN 55372 COUNTY AUDITOR THOMAS L. HENNEN DAN FOSLID 2661 W. 150TH ST. 1042 MILLER ST . SHAKOPEE, MN 55379 SHAKOPEE, MN 55379 COUNTY SHERIFF .- WILLIAM J. (BILL) NEVIN LYLE G. SVEDAHL 612 E. 7TH ST. 8787 W. 151ST ST. SHAKOPEE, MN 55379 PRIOR LAKE, MN 55372 COMMISSIONER . WM BILL KONIARSKI DISTRICT 1 7175 230TH ST . W. BELLE PLAINE, MN 56011 COMMISSIONER DALLAS BOHNSACK DISTRICT 2 5550 BOHNSACK WAY NEW PRAGUE, MN 56071 COUNTY RECORDER 4 PAUL W. WERMERSKIRCHEN 731 PIERCE ST . SHAKOPEE, MN 55379 COUNTY SURVEYOR )( BILL SCHMOKEL 4151 GRAINWOOD CIR. NE PRIOR LAKE, MN 55372 CCUNTY TREASURER 4_ THOMAS E. MUELKEN 254 E. MOUND ST. SHAKOPEE, MN 55379 SOIL AND WATER NORMAN A. SHUTROP CONSERVATION DISTRICT 6865 EAGLE CREEK BLVD. SUPERVISOR SHAKOPEE, MN 55379 DISTRICT IV SOIL AND WATER EUGENE SCHWINGLER CONCERVATION DISTRICT 18735 JOHNSON MEMORIAL DR . SUPERVISOR JORDAN, MN 55352 DISTRICT V 3 CITY OF SHAKOPEE BUILDING ACTIVITY REPORT PERMITS ISSUED September, 1990 Yr. to Date Previous Year No. No. Valuation No. No. Valuation Single Family-Sewered 8 69 4, 375,700 9 75 5, 396, 865 Single Family-Septic 3 15 1,965, 600 1 7 820, 000 Multiple Dwellings - - - - 2 222 , 000 (# Units) (YTD Units) (-) (-) - (6) (6) - Dwelling Additions 1 52 127,450 3 66 269,971 Other 1 14 120, 110 - 9 184,590 New Comm. Bldgs 1 5 4,460, 000 - 6 1, 122 , 700 Comm. Bldg. Addns. - 4 1,741, 000 - 1 1, 000 New Industrial-Sewered - 1 11,972, 000 - 1 1,445, 000 Ind. Sewered Addns. - 2 1, 012, 800 - 2 102, 990 New Industrial-Septic - - - - 1 172, 000 Ind. Septic Addns. - - - 1 2 170, 000 Accessory/Garages 2 27 153,804 6 34 231, 651 Signs & Fences 3 65 86,745 6 58 63 , 091 Fireplaces/Wood Stoves 1 10 21,755 1 6 19,900 Grading/Foundation 1 5 101, 000 - 11 1, 407,920 Remodeling (Res. ) - 18 95, 000 1 19 113 , 090 Remodeling (Inst. ) - - - - 1 97, 230 Remodeling (Comm/Ind. ) - 26 655,700 4 32 2,551, 019 TOTAL TAXABLE 21 313 26,888, 664 32 332 14, 293 , 787 TOTAL INSTITUTIONAL - - - 1 1 97, 230 GRAND TOTAL 21 313 26,888, 664 32 333 14, 391, 017 No. YTD. No. YTD. Variances 1 3 2 6 Conditional Use 1 6 1 17 Rezoning - - - - Moving - - - 1 Electric 30 236 22 251 Plumbing & Heating 36 308 37 292 Razing Permits Residential 1 2 - 1 Comm./Ind./Inst. - 1 - - Total dwelling units in City after completion of all construction permitted to date 4, 463 Jeanette Shaner Building Department Secretary 3 CITY OF SHAROPEE BUILDING PERMITS ISSUED IN SEPTEMBER, 1990 8783 B & D Development 2552 Onyx Drive House $ 69, 500 L 3 B 5 Hauers 4th 8784 Eagle Crest Homes 1108 Legion Street House 69, 300 L 2 B 3 Prairie Estates 8785 Novak Fleck 1184 Clover Court House 53 , 000 L 20 B 1 Meadows 4th 8786 Jeff Casey 2561 Emerald Lane Fence 400 8787 Barry Olson 1124 Merrifield Fence 920 8788 Minn. Valley Landscape Shakopee Town Square Berm 6, 000 8789 Novak Fleck 1308 Pondview Court House 57, 900 L 4 & 5 B 3 Meadows 2nd 8790 Butch Notermann 841 So. Market Garage Slab 1, 000 8791 Den-Mark Homes 1209 Sunflower Cir.. House 94, 500 L 10 B 1 Prairie Estates 8792 Greystone Const. 1803 Eagle Creek Blvd. Mini-Storage 90, 000 8793 Joel Fogelberg 1164 Minnesota Court Garage 9, 450 8794 M. W. Johnson 2541 Emerald Lane House 76, 600 L 12 B 1 Hauer's 4th 8795 Laurent Builders 816 Stonebrooke Drive House 180, 000 L 1 B 4 Stonebrooke 8796 Peter Link 1208 Monroe Street Fence 100 8797 First Home Systems 2165 Foothill Trail House 77, 600 L 2 B 6 Horizon Heights 2nd 8798 Clete Link Const. 1240 Monroe Street House 76, 000 L 5 B 4 South Parkview 8799 David Moonen 645 Hillwood Drive House 138, 100 L 6 B 1 Hillwood Estates 8800 VOID 8801 James Hauer 312 So. Atwood Demo 6, 000 8802 Novak Fleck 1215 Vierling Court House 62 , 000 L 13 B 1 Meadows 2nd 8803 Rick Sames 1266 Blue Heron Trail Fireplace 3,500 8804 John Heitzman 1291 Limestone Drive Deck 2,800 SHAKOPEE COMMUNITY YOUTH BUILDING COMMITTEE MEETING MINUTES: SEPTEMBER 15 , 1990 9 : 00 - 9 : 40 A.M. MEMBERS PRESENT: Gwen Marie Solseth, Joyce Bassinger, Ann Tuttle Minutes from the meeting of July 14 , 1990 were approved by the members present. OLD BUSINESS: A letter of thanks was sent to Metro Sales , Inc. for their donation of four bottles of toner for our copier. NEW BUSINESS: Supplies such as copier paper and paper towels are needed for the Building. Gwen Solseth will look into obtaining a membership for the Committee with the Wholesale Club so we can obtain these supplies at a reasonable cost. A motion was made and approved for Gwen Solseth to apply for the membership. She will advise the Committee at the next meeting. Discussion was held regarding stripping and waxing the floor. It seems to need doing about twice a year. Now that we are facing more activity in the Building, it was decided to have the floor redone at this time. A motion was made and approved to spend the funds to have this done. Display cabinets for the Building were discussed. Ann Tuttle will check on a display cabinet for the main floor of the Building which possibly could be donated. She will advise the Committee at the next meeting. Further discussion will be tabled until more Committee members are present at a meeting. A question was raised regarding holding the using group responsible for any damage to the Building. Is there a policy in this regard or do we have insurance? There has been some vandalism to the patio lights and light bulbs have been stolen. The possibility of installing security lights outside the Building was discussed. The Committee was reminded that prior to any major repairs or construction ( such as air conditioning) to the Building, City Council approval is needed. Discussion was held regarding a more formal approach to control of Building funds. A suggestion was made thata monthly report be prepared for the Committee to be attached to the minutes of the meetings. The need for a priority list of action needed at the Building was brought up. This list should include items such as the crack in the wall, a dehumidifier for the basement, the leak in the basement and partitions for the basement. The Committee should set priorities so the most important items will be addressed first. A suggestion was made that the user groups should be reminded of the rules of the Building. Should the Committee send each using group a copy of the rules? Committee position vacancies were discussed. Committee members should look at future vacancies and start looking for new members earlier than in the past. The meeting adjourned at 9: 40 a.m. The next meeting of the Shakopee Youth Center Building Committee is scheduled for Saturday, October 13 , 1990 , at 9 : 00 a.m. PLANNING COMMISSION SHAKOPEE, MINNESOTA REGULAR SESSION September 6, 1990 MEMBERS PRESENT: Kahleck, Spurrier, Lynch, Joos, Allen & Christensen MEMBERS ABSENT: Rockne STAFF PRESENT: Lindberg Ekola, City Planner Karen Marty, City Attorney Sharon Storholm, Recording Secretary I . ROLL CALL Chairperson Kahleck called the meeting to order at 7: 38 P.M. Roll call was taken as noted above. II . APPROVAL OF AGENDA Agenda approved as submitted. III. APPROVAL OF MINUTES FOR AUGUST 9th MEETING Minutes approved as submitted. IV. RECOGNITION OF INTERESTED CITIZENS Chairperson Kahleck explained that if anyone present would like to speak on an item not listed on the agenda, they should speak at this time. No one offered any additional agenda items. Ekola briefly reviewed the City Calendar for September and the Business Update from City Hall. HES noted that the minutes of the City Council Meetings for August 2 , 7, 9, 15 and 21 were included in the packet. A transportation update will be provided next month. Chairperson Kahleck suggested that workshops should be developed for the Commission relating to the review and approval process of subdivision plats. V. PUBLIC HEARING: PATRICIA GREEN - CONDITIONAL USE PERMIT Chairperson Kahleck opened the public rearing. Minutes of the Page - 2 Shakopee Planning Commission September 6, 1990 The City Planner presented the highlights from the staff report. He stated that the applicant was requesting a conditional use permit to allow a chapel in a R-i district. He stated in the R-1 district regulations, a church is listed as a conditional use. From the definition of church, staff has made an interpretation that a chapel is similar in function to a church and would thus require a conditional use permit. He noted that the proposed use will bring some additional traffic to the site. He identified that the applicant had stated on the application that there would be up to five people attending services at the chapel . The zoning ordinance requires that two additional parking stalls would need to be provided for this facility. Since the site covers approximately 2 .49 acres, there appears to be ample room on the site for the two additional parking stalls. One complaint had been received by City staff from Vicki King of 1723 County Road 89 on the proposed chapel . Ekola read the letter which outlined her concerns on traffic in the area and that she felt the request should be denied. He also added that all City departments recommended approval of the conditional use permit. Staff recommended approval of the conditional use permit, subject to the following four conditions: 1. The number of people attending services at any one service shall not exceed five people or the number allowed by the building code. 2 . The applicant shall submit a site plan identifying the location of the required parking. If additional parking is required, the parking stall shall be instructed to the release of the conditional use permit. 3 . The applicant shall verify that all fire and building codes have been met for the proposed use, prior to the release of the conditional use permit. A floor plan shall be submitted to the building official for his review and approval. 4 . If complaints to the City staff in the future on this conditional use permit warrant a review by the Planning Commission, the City Administrator shall have the authority to require such a review. Chairperson Kahleck opened the discussion for questions to staff by the commissioners. Minutes of the Page - 3 Shakopee Planning Commission September 6, 1990 Commissioner Spurrier questioned that according to item #1, five people would be allowed. How many are allowed by the building code? The intent of Condition #1 was to limit the number of people attending services to five people or the number allowed by the building code whichever is less. Commissioner Christensen asked about the buffers for the parking lot. She felt that the placement of the parking area should be agreeable to the neighbors. Commissioner Spurrier stated that the number of cars normally required would be greater for smaller use. He was concerned with the formula used in determining the required parking. He felt that there should be five parking spaces at a minimum, since two of the parking stalls are currently used by the homeowner. He suggested that a total of six parking stalls be required on the site. Commissioner Christensen asked about small businesses that are run out of the home. What is the ordinance for parking on those businesses. Ekola answered that parking requirements for home occupation businesses are listed in the code by use. Commissioner Allen asked if there are any drawings better depicting of how the home sits on the property. Ekola stated that staff had made a visit to the site and the distance between the home and the street was over 100 feet. He also stated that staff is continuing to work with applicants on conditional use permits to help better improve the submittal for the review by the Planning Commission. Commissioner Spurrier continued discussion on the parking area requirements. He stated his concern of gravel and debris being brought up onto the Boiling Springs Lane from the driveway surface. The applicant, Patricia Green of 8708 Boiling Springs Lane came forward and said that the parking area is already paved for seven cars. The driveway between the paved area near the house and Boiling Springs Lane is currently gravel . She stated that eventually they plan to pave the driveway surface. Commissioner Allen asked the applicant if the chapel would be turned into a church eventually. Patricia Green answered if the chapel were to become a church, it would be at a different location. Chairperson Kahleck opened the discussion for public comment. Minutes of the Page - 4 Shakopee Planning Commission September 6, 1990 David Gregory of 8707 Boiling Springs Rd. stated that five was not a large number and it seemed silly. If he wanted to live next to a church, he would have moved next to one. There is parking for about four cars and he did not care for the additional traffic. Mr. Gregory also raised concerns about the notification process of the public hearing. Staff clarified the requirements for notification as a mailed notice to all property owners within 350 feet of the applicant' s property. Tim Platt of 8615 Boiling Springs Rd. came forward and asked exactly for the definition of a chapel. Mr. Platt also questioned the potential property tax exemption. Ekola read the definition of a church from the Zoning Ordinance as follows. "Church - a building together with its accessory buildings and uses, where persons regularly assemble for religious worship and building, together with its accessory buildings and uses is maintained and controlled by a religious body organized to sustain public worship. " Green said this was called a chapel because it was not large enough to be a church. There is no congregation yet. Marty said she did not know if the chapel would be tax exempt but it would be only that small portion of the property that is the chapel if it were exempt. The property tax ramifications were identified as being separate from the conditional use permit. Ekola noted that the issues being considered by the Planning Commission are land use in nature and not a property tax matter. Commissioner Christensen asked if a large church would be permitted in a R-1 district. Ekola said it could be with a conditional use permit. A member of the audience asked what would happen if the applicant would want to expand the number of persons attending services. Kahleck answered that the CUP would need to be amended and that another public hearing would be held. Wayne Miller of 9075 Boiling Springs Lane questioned if the conditional use permit would allow for outdoor services. Ekola responded that this aspect had not been addressed in the staff report. Kahleck asked Miller if he would like additional conditions regarding outdoor services and noise levels. Miller answered that he would and the provisions should be clearly stated. The road is a dead end road and he felt that staff should have taken the time to contact Minutes of the Page - 5 Shakopee Planning Commission September 6, 1990 other residents on Boiling Springs Rd. Kahleck stated that the issue of notifying neighbors will be addressed more fully with the Comprehensive Code update. Commissioner Allen asked how many services can be held a week with five in attendance at each one. Green answered it would be five people once a week - possibly a Wednesday night service if they desired so. Commissioner Christensen asked what Green would do if more than five attended services? Green said that she would have to find a different location in that event. Ekola suggested an additional condition No. 5 which would limit services to one per week. Miller said that he would like to state that he and his wife are opposed if the conditional use permit were changed to allow for more than five people in attendance. Bonnie Platt of 8615 Boiling Springs Lane asked what denomination or religion this chapel was for. Marty said this information was not relevant to the decision by the Planning Commission. Kahleck called for a short recess at 8 : 24 P.M. for the purpose of allowing the applicant, Ms. Green and the neighbors to discuss the nature of the religion and other questions. The meeting reconvened at 8 :27 P.M. Mr. Jon Albinson of 1224 E. Shakopee Ave. came forward and stated that one service a week seemed unnecessarily restrictive if all other conditions are met. Commissioner Christensen noted that other churches in the City have surfaces which are not paved. Commissioner Spurrier noted that an unpaved lot and drive is a nuisance. The City can take action to have these lots paved. Kahleck closed the public hearing. MOTION: Spurrier moved that the Planning Commission approve Conditional Use Permit Resolution #597 with six conditions: 1. The number of people attending services at any one service shall not exceed five people or the number allowed by the building code, which ever is less. 2 . The applicant shall submit a site plan identifying the location of the required parking. If additional parking is required the parking stalls shall be Minutes of the Page - 6 Shakopee Planning Commission September 6, 1990 constructed prior to the release of the conditional use permit. 3 . The applicant must verify that all fire and building codes have been met for the proposed use prior to the release of the conditional use permit. A floor plan shall be submitted to the building Official for his review and approval. 4 . If complaints to City staff in the future on this conditional use permit warrant a review by the Planning Commission, the City Administrator shall have the authority to require such a review. 5 . The conditional use permit is limited to indoor services only. 6. The access driveway to the required parking areas must be paved prior to the release of the conditional use permit. Commissioner Allen seconded the motion. No vote was taken at this time. The motion was later withdrawn. Commissioner Kahleck opened for discussion on the motion. Commissioner Joos felt that paving was not cost effective for only five people. In a family of five teenagers it is not required and there is possibly more traffic. Commissioner Allen said it may help with the neighbor' s attitudes if this condition were added when the conditional use permit passed. Commissioner Christensen questioned if paving was necessary for only five people. If the number of services increased possibly it would be necessary. Could the conditional use permit hinge on the number of services? Commissioner Spurrier noted the 4th Avenue area problem where a semi truck parking lot is serviced by a gravel road. He would like to have protection in place with this conditional use permit before further damage could occur to the Boiling Springs Lane service. Commissioner Lynch felt all driveways should be paved. Commissioner Christensen suggested division of the motion. Commissioner Spurrier withdrew the motion which included item 6, requiring an area to be paved. Commissioner Allen seconded the motion to withdraw the motion including item 6. Minutes of the Page - 7 Shakopee Planning Commission September 6, 1990 MOTION: Commissioner Spurrier moved that the Commission add an amendment to Conditional Use Permit Resolution #597 to require that access to the parking be paved. Allen seconded the motion and it passed three to two with Joos and Christensen voting against the amendment. The motion in its final form passed as originally stated with the addition of conditions 5 and 6. Joos and Christensen opposed it because of the required paving of the driveway. VI . PUBLIC HEARING: PRELIMINARY PLAT VALLEY PARK 10TH ADDITION Chairperson Kahleck opened the public hearing. The City Planner presented highlights from the staff report for Valley Park 10th Addition. He noted that the preliminary plat covered 95. 6 acres and is zoned I-2 , Heavy Industrial . The proposed plat will reorganize the land area near the existing developments (Toro site and the railroad spur) and allow for new lots to be created on the vacant land on the south side of the proposed plat. Difficulties were encountered due to the railroad spur running through the proposed subdivision and multiple land ownerships. The block length created by the proposed street layout will accommodate future industrial development. Drainage and utility easements are provided for each lot except those bordering the railroad lines. Ekola continued to say that the topography of the proposed subdivision is generally flat. There are some existing stands of trees scattered throughout the area and staff has encouraged preservation of these where practical . A tree preservation plan will be needed to be used as a guide for future developments. All departments reviewing this plat have recommended approval. He then noted the comments of each department (which was outlined in the packet. ) Staff recommended approval of the preliminary plat based on the following recommendations: 1. A tree preservation plan for the area covered by the plat shall be reviewed and approved by the City Planner. (This shall be used as a guide for protection of existing trees. 2 . Streets and street signs to be constructed according to the requirements of the City of Shakopee. Minutes of the Page - 8 Shakopee Planning Commission September 6, 1990 3 . Lots 6, Block 1 shall be identified as Outlot A and it shall be unbuildable until it is replatted with adjacent lots to the north. 4. All public easements shall be shown on the final plat. 5. City approved street names shall be shown on the final plat. 6. All lot lines must be shown on the final plat. Commissioner Spurrier felt that tree preservation was a crucial element in the development of this site. There are a number of mature oaks. He would like a better idea of what the tree preservation plan will be. He was also concerned with the radius at several intersections including: Valley Park Drive and 12th Avenue, 10th and 11th Avenues and 10th and 12th Avenues. He had questions concerning the name on 10th Avenue and again mentioned the tree preservation aspect. He said the road configuration on 12th Avenue and Valley Park Drive was unacceptable in his opinion because of the 50 ' radius curve. He did not feel the turn lanes provided there were safe. The curb line encroaches on lot 6. He would recommend a longer radius there for Valley Park Drive and 12th Avenue turn lane. The name 10th Avenue should be renamed at a point in the curve. He felt that the only trees that would be salvaged would be along the property lines. Ekola said that the subdivision regulations briefly suggest the preservation of trees and that the applicant has been very agreeable to trying to preserve appropriate trees. Commissioner Spurrier said that when there is a tree preservation policy and landscaping requirements, then it will be known how many trees and which diameters need to be preserved. In this case, mature trees (on frontage or in clusters) could be preserved. Jon Albinson (representing Valley Industrial Realty and the development owners of the property) came forward to speak on the preliminary plat. He said that they are sensitive to the tree preservation in the area. At this time, the City has no tree preservation policy. The applicant expressed concerns he has with trying to provide a plan to the City for which there are no guidelines. He also stated that the 12th Avenue and Valley Park Drive intersection was built by the City to their specifications. He agreed to the street name changes. -f Minutes of the Page - 9 Shakopee Planning Commission September 6, 1990 Ekola noted that on the final plat, lot 6 will be included with lot 7 as one lot. Commissioner Spurrier questioned if there will be mass grading or will each site be graded individually. Albinson answered that mass grading is required on this site. They may purchase additional soils to balance the site. Commissioner Spurrier asked if most of the trees on lot 5 would be lost. Albinson answered that ideally, these trees will be left untouched. Much of the shrubbery is aspen, but they would like to preserve the oaks. Ekola said the major stand of oaks was in the southeast corner of the plat. Commissioner Spurrier continued discussion on the street radius issue. He questioned the proposed layout at the street intersections. Albinson stated that in reference to the street radius issues an additional ten feet of roadway easement on both sides of 12th Avenue had been dedicated to the City to allow for the necessary street construction. Commissioner Spurrier spoke in regard to Valley Park Drive and 12th Avenue. He felt that the Commission should deal with what is now rather than what happened years ago. Whoever is at fault with the layout, a change is needed. Chairperson Kahleck noted that since Marty had informed the Commission that it was limited in the conditions it can impose, perhaps the Commission should move on past the radius issues. Chairperson Kahleck closed the public hearing. MOTION: Commissioner Christensen moved that the Commission approve the preliminary plat subject to the amended conditions 4 , 5, 6, 9, 10, and 11. Lot 6 will be included with lot 7 on the final plat. Commissioner Lynch seconded the motion. Commissioner Spurrier, in the discussion, suggested that another condition be added that block 1, lots 1, 2 3 and 4 and block 2 , lots 4 , 5, 6, 7 , 8, 9, 10 and 11 not be Minutes of the Page -10 Shakopee Planning Commission September 6, 1990 approved unless mass grading is provided for in the developers agreement. Albinson felt that this may not be the right time to handle this issue. It can be put in the final plat. However, a tree preservation plan will be needed before the final plat. Ekola asked what assurance the Commission had that there will be no grading on the southern 2/3 until the final plat is approved. Albinson said that grading of the southern 2/3 will not occur until the final plat is submitted. He can submit a grading plan and the tree preservation plan. Commissioner Spurrier also suggested that the final plat should have the condition for a minimum 10 ' boulevard between the right-of-way and curb line in any street proposal for the subdivision with the design to be approved by the City Engineer. Commissioner Christensen felt that these problems were largely technical engineering problems. She is uninformed on this and would need to trust the Engineering Department on these matters. She did not wish to put on any unnecessary restrictions. Ekola reviewed two additional conditions suggested by Commissioner Spurrier: 1. Grading on lots 1, 2 , 3 and 4 of block 1 and lots 4 - 11 of block 2 shall be done in accordance with the tree preservation policy in place at the time of the final plat. 2 . Right-of-way dedications at intersections shall be made with the final plat if requested by the City Engineer. MOTION: An amended motion was made by Commissioner Christensen and seconded by Lynch that the Commission approve the preliminary plat subject to the following conditions: 1. A tree preservation plan of the area covered by the plat to be reviewed and approved by the City Planner and used as a guide to protect the appropriate existing trees with the development of each lot. 2 . Grading on lots 1, 2 , 3 and 4 of block 1 and lots 1 through 11 of block 2 will be done in accordance with .>f Minutes of the Page -11 Shakopee Planning Commission September 6, 1990 the tree preservation policy requirements in place with the City at the time of the final plat process. 3 . Streets and street signs to be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 4 . Lot 6 block 1 shall be incorporated with lot 7 block 1 as one lot on the final plat. 5 . All public easements, existing and proposed, must be shown on the final plat (utility, drainage etc) . 6. City approved street names must be shown on the final plat. 7 . All lot lines must be clearly shown on the final plat. 8 . Right-of-way dedications at intersections shall be made with the final plat if requested by the City Engineer. Motion carried unanimously. VII . COMPREHENSIVE PLAN - FINAL DRAFT RECOMMENDATIONS AND APPROVAL Ekola provided an overview of the additions recently made to the draft Comprehensive Plan by City staff. He stated that the purpose of the additions were made to make the plan a more useable document to elected officials, City staff, the development community and the general public. An Introduction to Volume 2 of the draft Comprehensive Plan has been added to inform the reader of how the plan is organized. Each chapter or plan element is organized into goals, policies, objectives and plans. This format allows for the reader to more quickly learn how to use the plan. The City Planner stated that an action plan has been added to each chapter (i.e. Land use, Transportation, Housing) . The action plans list the tasks described in the text of the plan and identify potential funding sources, time frames, responsible parties etc. The action plans summarize what steps need to be taken to implement the plan. A concluding chapter - General Management and Implementation has been added to the draft plan to provide an overview on how the plan should be administered. This addition to the draft plan will help keep the document valid over the next ten to twenty years. Minutes of the Page -12 Shakopee Planning Commission September 6, 1990 Staff was unable to complete all the Action Plans at the time of the Planning Commission meeting. The Planning Commission decided to only discuss the draft at this meeting. At the October meeting the Planning Commission will review the completed draft. Chairperson Kahleck noted that a meeting on September 5, 1990 took place on a proposed community center. Further discussion by the Planning Commission on this facility will occur at the October meeting also. VIII . STREET LIGHT POLICY DEVELOPMENT Ekola reviewed the information on street lighting that he had recently received from Ron Bray of OSM Engineering. He reviewed several tasks that need to be undertaken to assist in developing a policy. The tasks include goal setting; a citywide inventory of existing street lights; analysis of street classifications; land use and development intensity; and reviewing other area city street light policies. Staff will continue working on developing the street light policy with these tasks as a guide for their efforts. IX. ENFORCEMENT POLICY DEVELOPMENT Ekola said that there is limited staff and funds for enforcement of policy. He stated that the recent hiring of the new City Attorney has been an essential step to improve the code enforcement process. Staff will continue to improve the enforcement process. XI. OTHER BUSINESS A. The Planning Commission discussed attendance policies. Chairperson Kahleck said that the City does not differentiate between regular meetings and extra meetings. If they have gone to the effort of planning a separate meeting, those meetings are imperative. Commissioner Christensen said that not all meetings were set up with the body' s approval. She would appreciate it if the policy on this attendance would be mailed out with the next packet. Chairperson Kahleck said that the City does differentiate between excused and unexcused absences. A call in advance of an absence would make an absence excused. s•// Minutes of the Page -13 Shakopee Planning Commission September 6, 1990 B. Allen noted that the new street near the high school has no sidewalks. Chairperson Kahleck responded that the citizens did not want a sidewalk there. It may be taken care of in the Comprehensive Plan. C. Commissioner Lynch noted that lots on County Road 17 were not mowed and there were noxious weeds at the site. Also, when the area on Vierling Drive is mowed, the grass should be bagged. Ekola suggested a special session for ideas on these items and any others. D. Chairperson Kahleck suggested a special session for October for education on plats. It was decided to meet on Thursday, November 1 at 7 : 00 p.m. for education on plats. E. City Attorney Marty suggested a seminar for the legal aspects of variances and conditional use permits. F. Commissioner Lynch asked if there was anything in capital improvements regarding tennis courts. At the present time, the City is not maintaining the tennis courts. The citizens that use it are unhappy. Should this be included in the Capital Improvement Plan? Allen said that it may need to be resurfaced. Ekola suggested that Commissioner Lynch contact Dave Hutton or George Muenchow to inform them of the situation. Generally, this is a maintenance problem and the Capital Improvement Program is probably no the appropriate vehicle. Joos said that the Parks Commission will be a big improvement. XIII.ADJOURNMENT MOTION: Commissioner Christensen moved that the Commission adjourn. Commissioner Lynch seconded the motion and it passed unanimously. Meeting adjourned at 10:40 p.m. TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, MN October 4, 1990 Chairperson Melanie Kahleck Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of September 6, 1990 Meeting Minutes 4 . Recognition by Planning Commission of Interested Citizens. 5. 7 : 40 P.M. PUBLIC HEARING: Conditional Use Permit to consider operation of a beauty shop in a residence in a R-2 district at 2293 Park Ridge Drive. Applicant: Jennifer Pexa Action: Conditional Use Permit Resolution # 599 6. CONDITIONAL USE PERMIT #578 REVIEW: Timothy L. Platt - operating a wood shop business out of a wood frame accessory building as a home occupation in a R-1 district at 8615 Boiling Spring Lane. 7 . Comprehensive Plan - Final Draft Recommendations 8 . Proposed Community Center - Interim Zoning or Official Map 9 . Minor Subdivision Process - Discussion 10. Other Business a. Attendance Policy b. Nov. 1, 1990 Subdivision Plat Meeting c. Report on 1991 - 1995 CIP (Verbal) d. Radius Dedications - Commissioner Spurrier 11. Non-agenda Informational Items 12 . Adjourn Lindberg S . Ekola City Planner NOTE TO PLANNING MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Lindberg or Aggie on the Monday or Tuesday prior to the meeting at 445-3650 . 2 . If you are unable to attend the meeting, please call the Planning Department prior to the meeting. BOARD OF ADJUSTMENTS AND APPEALS SHAKOPEE, MINNESOTA REGULAR SESSION September 6, 1990 MEMBERS PRESENT: Kahleck, Spurrier, Lynch*, Joos, Allen & Christensen* MEMBERS ABSENT: Rockne STAFF PRESENT: Lindberg Ekola, City Planner Karen Marty, City Attorney Sharon Storholm, Recording Secretary I. ROLL CALL Chairperson Kahleck called the meeting to order at 7 : 30 P.M. Roll call was taken as noted above. Chairperson Kahleck welcomed the new City Attorney, Karen Marty to the meeting and noted that Marty had indicated she will be attending all the meetings. II. APPROVAL OF AGENDA Agenda approved as submitted. III. APPROVAL OF MINUTES OF AUGUST 9TH MEETING Minutes approved as submitted. IV. RECOGNITION OF INTERESTED CITIZENS Chairperson Kahleck explained that if anyone present would like to speak on an item not listed on the agenda, they should speak at this time. No one offered any additional agenda items. V. PUBLIC HEARING: VARIANCE RES. NO. 598 - JOHN McGOVERN Chairperson Kahleck opened the public hearing. *Lynch arrived at 7: 35 . The City Planner presented the highlights from the staff report. He stated that the applicant is requesting a variance of seven (7) feet from the required twenty (20) foot side yard setback to allow for the expansion of the non-conforming garage. The applicant ' s property was identified as being in an R-2 district. Ekola said that current code calls for a 20 ' setback. The existing garage was built before the current requirement came into effect. The expansion will allow for driveway relocation to Market Street. No opposition has been received regarding the variance request. One neighbor had spoken in favor of the request. All staff comments recommended approval of the request. Ekola concluded by saying that staff recommended approval of the request. Commissioner Spurrier asked if the garage would be removed and reconstructed. Ekola said it was to be expanded, not reconstructed. John McGovern of 1008 South Market Street came forward and said that he had a blueprint for the expansion on the garage. It will not infringe more than the present structure. The driveway will open on to Market Street and not 10th Ave. He does not want cars on the street. He said he intends to eliminate the old driveway. *Christensen arrived at 7 : 37 P.M. Chairperson Kahleck closed the public hearing. MOTION: Joos moved that the Board approve Variance Resolution 598 allowing for a 7 ' variance from the required 20 ' side yard setback to construct an addition to the existing structure. Lynch seconded the motion and it passed unanimously. VI . ADJOURNMENT Meeting adjourned at 7 : 37 P.M. BUSINESS UPDATE FROM CITY HALL7 Vol. 4 No. 10 Dear Chamber Member: October 1, 1990 ADMINISTRATION You are cordially invited to a Retirement Party for Julius A. Coller, II, celebrating his Fifty-One years of distinguished service to the citizens of Shakopee as City Attorney. This event will be held on Thursday, October 4th, 1990 at the Knights of Columbus Hall in Shakopee. Social Hour will be from 5: 30 - 6: 30 followed by a program and dinner starting at 6: 30 for a cost of $10 . 00 per person. If you wish to attend and have not R.S .V. P. 'd as of yet, please contact Tami Vidmar ASAP at Shakopee City Hall - #445-3650 . All reservations & money must be received prior to the end of the business day Monday, October 1st. CITY CLERK City Council has rescheduled the October 2nd Council meeting to October 9th at 7 : 00 P.M. Council will also meet on October 16th which is their 2nd regularly scheduled meeting of the month. COMMUNITY DEVELOPMENT The City of Shakopee recognizes that the future of our community rests, in large part, on the health of our business community. Because of its importance to our community, positive steps are being taken to identify and meet the needs of these firms. In October, the Community Development Commission will be conducting an in-depth survey of a large number of the existing business in our community. Since we have a large number of businesses in the community, a schedule has been set up which will put us in contact with each business in Shakopee over a three year period. If your business is selected to participate in the survey this year, your input and comments are desperately needed, so that we can continue to provide you with quality, cost effective services. If upon completing this survey you have concerns that should be addressed on a one on one basis, please feel free to call Barry Stock at #445-3650 . PLANNING COMMISSION At their September 6, 1990 meeting the Planning Commission reviewed several additions for the draft Comprehensive Plan made by City staff. The additions have been made to make the plan a more useable document for elected officials, the development community, the public and City staff. The Planning Commission will further review these additions at its October meeting and forward their final recommendation to the City Council . The estimated City Council final adoption date for the Comprehensive Plan is January, 1991. ENGINEERING/PUBLIC WORKS Leonard Wangerin, Inc. has recently completed grading and seeding of the JEJ Park near the Junior High School. This park is being developed with the help of Federal Grant money. Lewis Street Project and Killarney Hills are expected to be completed by the end of the September except for a few clean-up items. Work is progressing again on Valley Industrial Boulevard North. Work had stopped temporarily while the telephone company was replacing underground telephone lines. S.M. Hentges is the contractor for this project. The Upper Valley Drainage Project is nearing completion and is now functional from West of Marschall Road to the Mill Pond Area. FINANCE October 10th is the date the City certifies special assessments to the County Auditor for collection with payable 1991 taxes. This includes delinquent storm drainage utility bills. City Council will hold a public hearing on the 1991 budget on December 5th, 1990 at 7 : 00 p.m. in the Council Chambers. If needed, the hearing will be continued on December 12th. Property owners will be receiving a notice on proposed taxes for the county, school district and the city from the County Auditor during November. The city tax levy for 1991 will be finalized at the hearing. SHAKOPEE COMMUNITY RECREATION (S.C.R. ) As most readers know, the 36 years of joint sponsorship of community recreation by the City of Shakopee and Shakopee Schools will come to an end December 31 . The School District is withdrawing from this Joint Powers arrangement and the City has agreed to continue this function as a full fledged department within the City' s structure. A new Park and Recreation Advisory Board has been appointed and will formally begin service to the City in January. In the interim they are meeting with the current Shakopee Community Recreation Board and hope to be up to full speed by their first meeting. The desire of everyone involved is that Shakopee will continue to receive a first class Parks & Recreation Program! 1 / Note Meeting Time: 7:45 A.M. TENTATIVE AGENDA Downtown Ad Hoc Committee City Hall Council Chambers October 10, 1990 Chairperson Keen Presiding 1. Call to Order at 7 : 45 A.M. 2 . Approval of Agenda 3 . Approval of the Minutes - September 12 , 1990 4 . Wall Mural - Design Standards 5 . Discussion: Downtown Retail Incubator 6. Information Items: a. Business Update from City Hall b. c. d. 7 . Other business a. Next Meeting - November 14 , 1990 b. c. 8 . Adjourn Barry A. Stock Administrative Assistant CITY OF SHAKOPEE IF YOU ARE UNABLE TO ATTEND THE MEETING PLEASE CALL BARRY OR AGGIE AT 445-3650 TO LET THEM KNOW /e.;" Minutes of the Downtown Ad Hoc Committee City Council Chambers September 12 , 1990 Vice-chair B. Wermerskirchen called the meeting to order at 7: 50 a.m. with Commissioners Phillips, D. Wermerskirchen, B. Wermerskirchen, Fonder and Kahleck present. Commissioner Keen was absent. Barry Stock, Assistant City Administrator and Lindberg Ekola, City Planner were also present. Commissioner Kahleck requested that under other business the following items be addressed: 1. Highway Project Update 2 . Newspaper Letters to the Editor 3 . Brambilla Billboard Kahleck/D. Wermerskirchen moved to approve the agenda as amended. Motion carried unanimously. D. Wermerskirchen/Kahleck moved to approve the minutes of the August 15, 1990 meeting as kept. Motion carried unanimously. Mr. Stock stated that at the last meeting of the Downtown Committee, they discussed the review process for wall murals. At that time, it was the consensus of the Downtown Committee that the prescribed conditional use permit process was onerous and burdensome. The Downtown Committee subsequently recommended to the Community Development Commission that the conditional use permit provision for wall murals be deleted from the sign ordinance. Additionally the Downtown Committee recommended that a separate body be responsible for reviewing wall murals. Mr. Stock noted that when the Community Development Commission reviewed the Downtown Committee ' s recommendation, they concurred with the Committee in regard to the conditional use permit issue. However, the Community Development Commission did not feel that it was necessary for a Committee to review each wall mural application. The Community Development Commission felt that the review of wall murals could be handled administratively by staff if a set of design standards could be developed to guide the City Planner in said review. Mr. Stock stated that he contacted the cities of Hastings, Stillwater, Red Wing and New Prague to determine if they had wall mural design standards in place. Mr. Stock stated that none of the communities contacted had guidelines to address this issue. Therefore, Mr. Stock stated that he utilized the existing building design standards in place for rehabilitation projects to draft a set of wall mural design standards. Mr. Stock stated that in New Prague the wall murals constructed in their downtown area were Minutes of the Page - 2 Downtown Ad Hoc Committee September 12, 1990 based on a historical theme relating to the community. It was the consensus of the Downtown Committee that this should be made a criteria for all murals in Shakopee. Mr. Stock stated that in regard to the building surface, he felt that no wall mural should be permitted on a building surface that is presently unpainted. Mr. Ekola stated that he felt that wall murals should be allowed on presently painted building surfaces and stucco buildings. The Commission concurred. Discussion then ensued on the advertising nature of the signage. It was the consensus of the Committee that no wall mural shall be allowed whose main purpose is to serve as advertising. It would be possible for a property owner to relate the wall mural theme to the business in the building on which the wall mural is painted but that its sole purpose should not be to serve as advertising. The Commission concurred. The Commissioners then discussed whether or not wall murals would be allowed to cover unique architectural styling or traditional design elements. It was the consensus of the committee that design elements and styling should not be covered if they can be restored without imposing an undue hardship on the property owner. The Committee then discussed the color scheme of wall murals. It was felt that colors which will not detract from the aesthetic quality of the downtown area would be allowed. Lettering was also discussed. Mr. Ekola suggested that an appeals process be developed to allow an applicant to appeal the City Planner' s interpretation. It was the consensus of the Committee to provide for an appeal process. Mr. Stock suggested that the appeal of the City Planner' s decision should go directly to the City Council. D. Wermerskirchen/Kahleck moved to recommend to the Community Development Commission approval of the wall mural design standards as discussed and that they be incorporated into City Code. Motion carried unanimously. Discussion then ensued on the recognition of the Downtown Committee as an official advisory body. Mr. Stock stated that the Downtown Committee was created as an ad hoc committee and was established as a subcommittee of the Industrial Commerce Commission (now known as the Community Development Commission) . The mission of the committee was to establish and recommend an economic development strategy to the Community Development Commission and City Council . Mr. Stock stated that in the fall of 1988 the issue of whether or not the mission of the Downtown Committee had been completed was hotly debated. Mr. Stock noted that at that time, it was the consensus of City Council that the Downtown Committee should remain in place until such time that Phase II of the Downtown Minutes of the Page - 3 Downtown Ad Hoc Committee September 12, 1990 Redevelopment Project was completed. Mr. Stock also stated that he did not see the need to formally establish the Downtown Committee as an official advisory body to City Council . He felt that the present structure in which the Downtown Committee makes recommendations to the Community Development Commission was acceptable. Mr. Stock went on to state the he felt it served as a two level review process and that when recommendations were formally made to City Council, they carried more weight because of the dual review process. Mr. Stock went on to state the no official action on this issue was needed if the Downtown Committee felt the structure of the Downtown Committee should be maintained in its present form. It was the consensus of the Committee that the present structure was adequate and that the activities of the Downtown Committee have produced positive results. Mr. Stock stated that the next deadline for the Rehab Grant Program was November 15, 1990. He went on to state that he would be informing residents within the B-3 district of the application process and deadline date. Commissioner Fonder questioned how long the program would continue. Mr. Stock stated that if the Downtown Committee felt the program should continue in 1991, he thought they should make a recommendation to the Shakopee Housing and Redevelopment Authority to authorize funding for another year. Another method to insure funding would be to simply asked the HRA to allocate a set dollar amount to the program and that when the funds are expended the program would be discontinued. Mr. Fonder stated that he thought there were several property owners who would take advantage of the program in the next two to three years. Mr. Stock shared with the Committee the letter of commendation that was sent by the Downtown Committee to those property owners who have improved their properties in the downtown area. Mr. Stock informed the Committee that the Shakopee HRA denied Arnie' s Friendly Folks Club request for retroactive funding assistance. Mr. Stock then gave a brief highway project update. Ms. Kahleck addressed the issue of the recent letters to the editor that have appeared in the paper regarding the location of the new City Hall . She stated that the response from Mr. Bill Mars was positive and informing. Mr. D. Wermerskirchen questioned whether or not the bank would be making a public statement regrading their plans. He went on to state that many persons believe that the bank is abandoning the downtown. Commissioner Phillips stated that the bank is not abandoning the downtown and that they would be making a formal statement when they have secured a site for their new facility. Minutes of the Page - 4 Downtown Ad Hoc Committee September 12, 1990 Commissioner Kahleck commented on the billboard design for Dan Routson' s car dealership that is located on the Brambilla billboard. She stated that, in her opinion, the billboard complimented the downtown area and we should be grateful that Mr. Routson selected a design that is not obtrusive. Ms. Kahleck suggested that a letter be sent to Mr. Routson commending him on the sign design. It was the consensus of the Commission to have staff send an appropriate letter to Mr. Routson. Mr. D. Wermerskirchen discussed how maintenance of the planters is handled in the downtown area. Mr. Stock stated that the City Public Works Dept. presently handles maintenance. Mr. B. Wermerskirchen suggested that perhaps the Downtown Committee could establish an "adopt a block" maintenance program in which the business owners would take care of the tree grates and planters. It was the consensus of the Committee that this issue should be addressed prior to next spring. Mr. Stock stated that the Public Works Director is in the process of preparing a maintenance plan for the downtown area. When the maintenance plan is completed, it could be presented to the Downtown Committee for their review and comments. Phillips/Fonder moved to adjourn at 9: 10 a.m. Motion carried unanimously. Barry Stock, Recording Secretary X13 MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Authorization of Payment of Liability Insurance for City Attorney DATE: October 4 , 1990 Included in the list of bills to be paid for this Council meeting is an amount of $941. 46 which represents the insurance premium for the City Attorney. It was brought to my attention by the City Attorney that the City' s liability insurance coverage specifically excludes the City Attorney. In that the City Attorney is prosecuting on behalf of the City I felt that it was essential that insurance coverage be provided immediately. Therefore I authorized the payment of this premium prior to City Council meeting. If any Councilmember has a problem with this action I have taken I would be more then happy to discuss it with them. No further action is required other than the approval of the bills which includes this item. X18 MEMO TO: Charitable Gambling Licensees FROM: Judith S. Cox, City Clerk RE: Proposed City Regulations DATE: October 5, 1990 At their regular meeting on September 18th, the City Council directed staff to look into the possibility of the City implementing regulations which would require licensed organizations to expend 90% of their lawful purpose expenditures within the City. The draft ordinance enclosed has been prepared by the city attorney for Council consideration. The ordinance includes the following: 1] 90% of lawful purpose expenditures shall be spent within the City' s trade area. 2] Identifies the City's trade area as the City and all cities contiguous to the City - minimum allowed by law! 3] Adopts by reference the definition of "lawful purpose" as contained in the State Gambling Regulations. 4] Requires that the City receive a copy of the application plus exhibits which goes to the Gambling Control Board, as well as records and reports which are filed throughout the year. This is just a draft ordinance. The 90% figure for lawful gambling expenditures can be adjusted as well as the definition of the City's trade area. Your input into this draft is welcome. The Council will be discussing this draft ordinance at their regular meeting on October 16th at approximately 7 : 30 P.M. If you have comments or suggestions and can not attend the meeting, send a representative or submit your recommendations in writing to me prior to the meeting. If you have any questions, please feel free to give me a call. ir EXPLANATION TO ORDINANCE ORIGINATING DEPARTMENT: City Attorney PURPOSE: To amend the gambling ordinance to require that 90% of lawful expenditures be spent in the City' s trade area. REMARKS : During the last legislative session, the Minnesota legislature adopted a new law, Minn. Stat. Sec. 349 . 213 subd. 1 (b) , allowing cities to require that all or a portion of gambling expenditures be spent for lawful purposes conducted or located within the city' s trade area. A trade area is defined as the city plus each city contiguous to the defining city. At its last meeting, Council directed staff to research this law and prepare a draft ordinance. The ordinance as drafted requires that 90% of all expenditures be spent within our trade area. This figure may be too high; it was inserted to provide a basis for discussion. Like any ordinance provision, it may be amended if Council so desires. The trade area was written to be the smallest legal area, since Council indicated it would like the expenditures spent in Shakopee. This would be Shakopee, Savage, Prior Lake, Chanhassen, and Eden Prairie. Council may wish to consider whether it wants to include all of Scott County. Other changes were made as follows: (1) to improve the reporting to the City, which will improve our understanding of the organization' s practices and allow us to review where expenditures are made; and (2) to incorporate the state law definitions where appropriate. Submitted by: Approved by: City Attorney City Administrator 4 ORDINANCE NO. , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, REPEALING SECTION 10. 61 OF THE SHAKOPEE CITY CODE, GAMBLING, AND ENACTING ONE NEW SECTION IN LIEU THEREOF, RELATING TO THE SAME SUBJECT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: Section 1 - That Section 10 . 61 of the Shakopee City Code, Gambling, is hereby repealed in its entirety, and one new section adopted in lieu thereof, relating to the same subject,which shall read as follows: "Sec. 10 . 61. Gambling. Subd. 1. Definitions. A. "Lawful gambling" , "lawful purposes" , and "licensed organization" shall be defined as set forth in Minn. Stat. Chapter 349 . [ "Lawful Gambling" as used in this Section is the operation, conduct or sale of bingo. raffles, paddle wheels, tipboards, and pull-tabs, either licensed by the Charitable Gambling Control Board, or specifically exempt from such licensing by statute. ] B. "Trade area" shall mean the City of Shakopee and each city contiguous to the City of Shakopee. Subd. 2 . Lawful purposes. [Unlawful Act. ] Each licensed organization conducting lawful gambling within the City shall expend 90% of its expenditures for lawful purposes on lawful purposes conducted or located within the city' s trade area. [It is unlawful to operate, conduct or sell gambling unless it is lawful gambling,and then only if it is operated, conducted, or sold by any fraternal, religious veterans or other non-profit organization, which carries on its activities in and is located and based in the City. ] Any [such] organization [ ,however, ] holding a State gambling license regardless of where based or located may conduct not more than one raffle in any given calendar year if it is held in conjunction with a banquet and/or a dance. " Subd. 3 . Application. An organization seeking to obtain State gambling license shall file in the office of the City Clerk an executed, complete duplicate application, together with all exhibits and documents accompanying the application as filed with the State board, not later than three (3) days after they have been filed with the State board. Subd. 4 . Records and reports. Organizations licensed by the State board shall file with the City Clerk one (1) copy of all records and reports required to be filed with the State board, pursuant to state law, rules and regulations. Such records and reports shall be filed on or before the day they are required to be filed with the State board. ' ci Note: The bracketed language [thus] is deleted; the underlined language is inserted. Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, is hereby adopted in its entirety by reference, as though repeated verbatim herein. In addition, the penalty provision of Section 10 .99 are hereby adopted in its entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. After adoption, signing and attestation of this ordinance, it shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the day following such publication. Passed in regular session of the City Council of the City of Shakopee, Minnesota, held this day of , 1990. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News this day of , 1990. 411 , CITY OF SHAKOPEE A_ INCORPORATED 187 • 0 129 EAST FIRST AVENUE,NUE SHAKOPEE, MINNESOTA 55379.1376 (612)445.3650 A KOl E October 5, 1990 Y �� Steve Hentges S.M. Hentges & Sons, Inc. P.O. Box 212 Shakopee, MN 55379 RE: Lewis Street, Project No. 1990-5 Dear Steve: According to the terms of your contract with the City of Shakopee, you must have the above referenced project completed by September 30, 1990. You have obviously failed to make that deadline. Therefore, I am hereby informing you that you will be assessed liquidated damages in the amount of $200. 00 per day until the project is completed. Items remaining to be done in order to consider this project complete are installing trees and paving the wear course of asphalt. Final clean-up items or punch list items are not necessary to complete in regards to any liquidated damages. I would also like to remind you that I do not have the authority to waive liquidated damages. The City Council solely has that authority and they have made it clear to me that they will not look favorably on projects not being completed on time. The only authority I have is in granting extensions to the completion deadline. I have given you opportunities to request a deadline extension but you have failed to do so. The deadline is still September 30, 1990. I would suggest that you finish the remaining items as quickly as possible, staying within our construction requirements of course, to minimize the extent of your liquidated damages. Once the project is completed you would then need to appeal to the City Council for any relief from the liquidated damages, if you so desire. Basically, Steve, the matter is now out of my hands. I have tried to impress upon you the City Council ' s position on contract deadlines and the urgency in completing the project on time, because I did not want to be in the position I am in now. Please contact me if you wish to discuss this further. Sincerely . ' 74- 7s77-1- Daivd E. Hu ton, P.E. Public Works Director The Heart Of Progress Valle AN EQUAL OP0ORTUN,- EMP_p',EQ TENTATIVE AGENDA SPECIAL SESSION SHAKOPEE, MINNESOTA OCTOBER 9 , 1990 Mayor Gary Laurent presiding 1] Roll Call at 7 : 00 P.M. 2 ] Approval of Agenda 3 ] Recess for H.R.A. Meeting 4] Re-convene 5] Liaison Reports from Councilmembers 6] Mayor' s Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8 ] 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. ) *9] Approval of Minutes of September 4th, 11th, and 18th, 1990 10] Communications: *a] Paul & Geraldine Schmitz re: Shakopee Bypass Settlement Agreement *b] Ted Jasper re: sale of property on Dakota Street 11] Public Hearings: a] 7 : 30 P.M. - Appeal of Planning Commission ' s condition for a conditional use permit for a chapel in an R-1 zone - CC-597 b] 7: 45 P.M. - Proposed assessments for roadway improvements to Killarney Hills, Project No. 1989-7 - Res. No. 3292 12 ] Boards and Commissions: Building Code Board of Adjustments and Appeals: a] Council Hearing on Cole Van Horn Appeal Community Development Commission: b] Valley Industrial Boulevard North - Utility Poles Energy and Transportation Committee: *c] Telephone Book Recycling - Res. No. 3291 *d] Vanpool Policy No. 22 Amendment - Licensing Requirements e] Recycling Credit Alternatives TENTATIVE AGENDA October 9 , 1990 Page -2- 12 ] Boards and Commissions continued: Planning Commission: f] Decorative Street Lighting 13] Reports from Staff: a] Park Dedication Fees on Replats - tabled 9/13/90 b] 1991 Budget Recreation Service Revenues c] Special Assessment Relief d] Refunding The Track TIF Bonds *e] Special Assessments on City Property *f] 1986A GO TIF Bond Defeasance *g] Assessment Agreement with Scott County h] Resignation of Sgt. Dennis Anderson i] Authorize Hiring A Police Officer j ] Buy Back of Police Holiday Time k] Secretarial Assistance for the City Attorney 1] Roll Of The City Attorney At Council Meetings m] Relationship With The Krass & Monroe Lawfirm, Julius A. Coller, and Shakopee Public Utilities Commission n] Huber Park Fill Area o] Payment of Fees for Work Performed for FMG Project p] Payment of Fees for Fire Department Review of Plans q] Approve Bills in Amount of $258 , 593 . 86 14] Resolutions and Ordinances: *a] Res. No. 3290 - Certifying Delinquent Storm Drainage Utility Bills For Collection in 1991 *b] Res. No. 3293 - Accepting Bid On The Sidewalk Replacement Program - 1990-11 *c] Res. No. 3294 - Upper Valley Drainage Project No. 1987-5A Mn/DOT Agreement nO 66333 *d] Res. No. 3283 - Authorizing Sale of $1, 930, 000 GO Improvement Bonds, Series 1990A *e] Res. No . 3295 - Ordering A Report on 2nd Avenue Improve- ments - Spencer to Naumkeag *f] Res. No. 3296 - Ordering A Report on Jackson/Harrison Improvements - 11th Avenue to 12th Avenue *g] Res . No. 3297 - Ordering A Report on Shumway Improvements - 3rd Avenue to 6th Avenue; and Scott St. - 6th Avenue to 7th Avenue h] Ord. No. 293 - Rescheduling of Regular Meetings *i] Ord. No. 294 - City Administrator Purchases j ] Ord. No. 295 - Making Non-Substantive Changes in Ordinances *k] Ord. No. 296 - Wine License Available to Bed & Breakfast Facilities 15] Other Business: 16] Adjourn to Tuesday, October 16, 1990 at 7 : 00 P.M. Dennis R, Kraft, City Administrator TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting October 9 , 1990 1. Roll Call at 7 : 00 P.M. 2 . Approval of the September 4, 1990 Meeting Minutes 3 . Lots 8-10, Block 7 , O.S.P. - Bids 4 . Other Business a) b) 5. Adjourn Dennis R. Kraft Executive Director OFFICIAL PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 4 , 1990 Chairman Vierling called the meeting to order at 7 : 03 p.m. with Comm. Zak, Wampach, Sweeney and Clay present. Also present were Dennis Kraft, City Administrator; Barry Stock, Asst. City Administrator; Dave Hutton, City Engineer; Karen Marty, City Attorney; and Judith S . Cox, City Clerk. Wampach/Clay moved to approve the minutes of August 7 , 1990 . Motion carried unanimously. Barry Stock reviewed the request for Retroactive Rehab Grant Payment from Arnie ' s Friendly Folks Club. He said this item was taken to the Downtown Committee and the Community Development Commission for their review and comment. Both bodies are recommending that status quo be maintained. It was the consensus of the HRA that the status quo be maintained. Staff was also requested to inform the owners of Arnie' s Friendly Folks Club of the HRA's position in regard to the retroactive grant request as well as commending them on the quality of the improvements. Barry Stock said the bids for Lots 8, 9 and 10, Block 7, should be here for next meeting in October. Sweeney/Wampach moved to adjourn. Motion carried unanimously. Meeting adjourned at 7 : 10 p.m. Dennis Kraft, City Administrator Carol Schultz Recording Secretary T: n MEMO TO: Dennis R. Kraft, Executive Director, Shakopee HRA FROM: Barry A. Stock, Assistant City Administrator RE: Lots 8 - 10, Block 7 , OSP Bids DATE: September 30, 1990 INTRODUCTION: The bid deadline for the sale of property described as Lots 8, 9 , 10, Block 7 OSP was September 14 , 1990. The City did not receive any qualified bids for the property in question. Staff would like to discuss potential alternatives which would place the property back on the tax rolls. BACKGROUND: On August 7 , 1990, the Shakopee HRA directed the appropriate City officials to advertise the aforementioned property for sale and receive closed bids with a minimum specified bid of $30, 000. The actual appraised value of the property came in at $29 , 200. Shown in Attachment #1 is a map of the property in question. The City of Shakopee did not receive any qualified bids on the property. However, a letter was submitted by Mr. Mark Kuchenmeister representing Parkside Printing indicating an interest in the property. (See Attachment #2) At this time, there are several alternatives for the HRA to consider in regard to placing the property back on the tax rolls. First, the HRA could re-advertise the property for sale on a closed bid basis. Second, the HRA could consider taking proposals from developers interested in developing the property. Third, the City could request bids on the property and again specify a minimum bid amount. Due to the irregularity of the parcel in terms of size and the fact that the site does not have City water and sewer at this time, I believe that we may have a difficult time selling the property at the appraised value. The HRA, of course has the option to defer selling the property until a later date. However, if the HRA does not see any significant changes in the area it may be prudent to sell the property for whatever can be obtained on the open market. If the HRA chooses to advertise the property for sale and receive closed bids, the City does retain the option of rejecting all bids if an acceptable bid is not received. Since at least one party has expressed interest in the property, I would recommend that the City re-advertise the property for sale on a closed bid basis without setting a minimum bid amount. 3 ALTERNATIVES: 1. Authorize the appropriate City HRA officials to advertise the property for sale and receive closed bids. 2 . Authorize the appropriate HRA officials to advertise the property for sale and receive closed bids specifying a minimum acceptable bid. 3 . Authorize the appropriate HRA officials to develop a set of proposal specifications and receive request for proposals on the subject property. 4 . Retain ownership of the property. (No official action would be necessary if this is the alternative selected. ) STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: Move to authorize the appropriate HRA officials to re- advertise the sale of Lots 8 - 10, Block 7 , OSP and receive closed bids. BAS/tiv Attachment #1 3 SURVEY PREPARED FOR. Valley Surveying Co., PA. CITY OF SHAKOPEE SUITE 120-C , 16670 FRANKLIN TRAIL 129 1ST AVENUE FRANKLIN TRAIL OFFICE CONDOMINIUM SHAKOPEE. MN. 55379 PRIOR LAKE, MINNESOTA 55372 ATTN: BARRY STOCK TELEPHONE (612) 447-2570 alets a,9810• 81°'" - erli 'r,59'59 E w o .' .............„/ B _f.� '- EASCPA s•-• ---13---------- ' +� gnieco rrw ROAD >o 1 r• N 8 g N t i Qw_ :1 w r; ,O,u;m k ; r. ,mm 8 E 4... J lv 7's-' 1 qI. ` _ .# , 8g , \ ia, , 'KO ` '1 Jc• , i 71,CwCC '\ •x — _ALLEY g�'e". _` --- 190.007 ,4,7_1 _1 cNi O _-� _____173-.-52-• 9-c---).,� a a°`" t - _ _�f_ S n,e d ___\_ ..... __..—-------\ th m IA DESCRIPTION OF' RECORD: Lots A, 9 and 10, Block 7, in the Ctty of ;4:akopee, according to the plat of Shakopee City on file and of record in the Office of the Register of heeds in and for saidCounty and State. F:1 DESCRW'rIfN OF' AREA SOIITHIet1.Y OF THE ROAR: I That part of Lots 8, 4 end 10, Block 7, Shakopee City, Scott County. Minnesota lying southerly of the following described line: Reginnino at the southeast corner of the north 30.0') feet of said Lot 5: thence w.rsterly paratleL with the northerly line of said Lots A and 9. a distance of 78.95 feet; thence atom,; a tangential carve concave to the southeast having a radius of 110.00 feet a central angle of 115 degrees 15 minutes 70 seconds an arc length of 217.53 feet to the intersection with the westerly Line of said Lot 10. and there termi.nattng. The roadway area contains 6,749 square feet• Total net area southerly of the road < 18,811 square feet. 0 30 60 l hereby certlly:hot au survey was prepared —M•11. by me or under my three'operetta.,and Nat law a day heened Land Swgae under the SCALE IN FEET poi of rhe S:err J • tura O Denmwndrs1/21„ensMlne*Woe '/��• ter_h' _/�__"7•'- waenf tet and marked by 4 4' 4cense No 10183 Dole-....--.-.2---;.-C72_ License No 10183 • Dentes moa myeareere rand • Oval re P K. Noil gel FILE Ne__6536 BOOK :74 ',AGE Attachment #2 arkside PRINTING, INC. 321 WEST FIRST AVENUE•SHAKOPEE,MINNESOTA 55379 TELEPHONE:(61 2)445-7200 FAX:(61 2) 445-0060 ,-.y,*,-r• lir - - 4.3 SEP 1 41990 9/14/90 CITY OF SHAKOPEE Shakopee Housing and Redevelopment Authority Attn: Judy Cox Re: Lots 8, 9 & 10, Block 7,City of Shakopee Dear Judy, I am writing in regard to the above named property which has recently been put out to bid. I am interested in the property for future expansion of my business (Parkside Printing, Inc.), but feel the minimum bid established is not feasible for this property based on commercial usage because it is quite small and has no sewer and water. I would be very interested in sitting down with the appropriate officials to discuss more realistic alternatives. Sincerely, ' X41 / „TO"- Mark Kuechenmeister 3 SURVEY PREPARED FOR: CITY OF SHAKOPEE Valley Surveying Co., PA. 129 SUITE 120-C , 16670 FRANKLIN TRAIL 9K 1ST AVENUE N. 55379 FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE, MINNESOTA 55372 ATTN: BARRY STOCK TELEPHONE (612) 447-2570 • 0, etock1 981 WY line of lots59eE ;; , N73°59 00- • Z. • g e .s. • q� �.'� '.i EASEME T ley9 S9 M - o SE COR OF • >' \` , s73�e NoRT30 00 — 0 ROAD �.1 - \ • m ` -, 1 �� • I ti °. N o do Ng �`° , cn "H ° r-. t. m m � e f i • R i CI w 2. . 0: O� \ ,,I 9,UICS v % INCE _� \ la t'l ' �. -80.00:'" — ALL f'�l r I OwM N. _ — 513a 59 59 W_e \ 0 O _ — m r'frryi�e flo is —` �r f / -4 \ . 13 m \ DESCRIPTION OF RECORD: Lots 8, 9 and 10, Block 7, in the City of Shakopee, according to the plat of Shakopee City on file and of record in the Office of the Register of Deeds in and for said County and State. DESCRIPTION OF AREA SOUTHERLY OF THE ROAD: [4::1 That part of Lots 8, 9 and 10, Block 7, Shakopee City, Scott County, Minnesota I lying southerly of the following described line: Beginning at the southeast corner of the north 30.00 feet of said Lot 8; thence westerly parallel with the northerly line of said Lots 8 and 9, a distance of 78.95 feet; thence along a tangential curve concave to the southeast having a radius of 110.00 feet a central angle of 113 degrees 18 minutes 20 seconds an arc length of 217.53 feet to the intersection with the westerly line of said Lot 10, and there terminating. The roadway area contains 6,749 square feet. Total net area southerly of the road = 18,811 square feet. 0 30 60 thereby certify that this survey was prepared — by me or under my direet supervision and that IIIIIIIIIIIMIMMI larn a duly licensed Land Surveyor under the SCALE IN FEET / bt►�o/the s� M sotq. O Denotes 1/2 inch x 14lnch iron [j j� ��!/•�. monument set and marked by �r�-= License No 10183 Date License No.10183 • Denotes iron monument found • Denotes P.K. Nail set FILE No. 6536 8OOK 174 PAGE i V OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 4 , 1990 Mayor Laurent called the meeting to order at 7 : 00 p.m. with Cncl. Vierling, Clay, Zak, Wampach and Sweeney present. Also present were Dennis Kraft, City Administrator; Barry Stock, Asst. City Administrator; Dave Hutton, City Engineer; Karen Marty, City Attorney; and Judith S . Cox, City Clerk. Clay/Sweeney moved to approve the agenda. Motion carried unanimously. Wampach/Clay moved to recess to Housing and Redevelopment Authority Meeting. Motion carried unanimously. Mayor Laurent called the City Council back to order at 7 : 10 p.m. Liaison reports were given by Councilmembers. Mayor Laurent gave the Mayor' s report. Mayor Laurent asked if there was anyone from the audience who wished to address anything not on the agenda. There was no response. The following items were removed from consent: 13b - DNR Trail License Agreement 13k - City Cost Share of Downtown Bridge Project Vierling/Zak moved to approve the consent business. Motion carried unanimously. Vierling/Zak moved to approve the minutes of August 15, and 21st, 1990 . (Motion approved under consent business) . Julius A. Coller, II, addressed the City Council requesting a sanitary sewer connection outlet at Lewis for his house on 437 Lewis. He said there is a sewer outlet for the house at the extreme west end of the lot. There always has been an outlet by the curb. About 30 years ago he had a clean out installed on his property at Lewis and has had no trouble since. The City is now saying that they will not put a sewer outlet from the blvd. to his house at Lewis. He said he would like to make one final appeal for a sewer clean out outlet from the Blvd. on Lewis to his house. Dave Hutton said that he feels the second clean out is not needed but they can give him one which will have to go behind the right- of-way on his property. Mr. Coller replied that it would be acceptable to have it installed behind the blvd on his property. Barry Stock reviewed the possible formation of a Scott County Development Coalition. He explained that there are not many programs available to assist businesses in our community in Proceedings of the September 4, 1990 City Council Page -2- obtaining small business loans. By going through the Twin Cities Metro Development Company for a one time $5, 000. 00 fee, we would be reimbursed a fee for each loan processed. Cncl. Sweeney asked how they determined which loans they would process. Barry replied that there would be a screening process that each Company would go through to determine if they would be worthwhile processing. Clay/Vierling offered Resolution No. 3276, A Resolution Indicating the City of Shakopee' s Desire to Investigate the Formation of a Scott County Economic Development Coalition and Requesting Scott County' s Support Granting Approval to Allow the Twin Cities Metro Development Co. to Process SBA 503/504 Loan Programs in Scott County, and moved its adoption. Motion carried unanimously. Mayor Laurent opened the public hearing on the sidewalk replacement program for properties East of Lewis, South of 4th Avenue and North of 10th Avenue found to have sub-standard sidewalk. Dave Hutton said in 1989 the City Council adopted a policy whereby all sidewalks that would be replaced would be funded 50% by the property owner and 50% by the City. As part of the Capital Improvement Plan $25, 000 was budgeted to replace sidewalks in 1990 . The engineering department has divided the City up into five zones and each year a zone will be inspected and repaired. This years project is dealing with zone four. He reviewed all the places that needed repair. Mayor Laurent asked if there was anyone from the audience who wished to address this issue. Jerome Rein, 638 E 4th, asked what the cost per foot was going to be for his property. Dave Hutton responded that the estimated cost is $2 . 67 per square foot but may change when bids are received. The project will be done this year. Dave Rutt, 630 East 4th, said he has a slope that is very steep and inquired as to the possibility of having a retaining wall installed at the same time the sidewalk is installed. Dave recommended that he contract with the City's contractor to put a retaining wall in when the work is done on his property. Mayor Laurent closed the public hearing. Sweeney/Vierling moved to table action on the sidewalk replacement project to determine whether or not another public hearing is needed for the Marschall Road sidewalk portion. Motion carried unanimously. Sweeney/Wampach moved to authorize the construction of a "Batting Eye" at the Tahpah Park baseball field using volunteer means following prescribed plans as determined by the Building Inspector, at no cost to the City. Motion carried unanimously. T Proceedings of the September 4 , 1990 City Council Page -3- Clay/Zak moved to authorize the appropriate City Officials to execute the Trail License Agreement providing for a continuous trail corridor along the Minnesota River beginning at the west side of platted Sommerville Street and extending easterly through the area known as Huber Park to the west side of platted Main Street. Motion carried with Cncl. Sweeney abstaining. Vierling/Zak moved to approve the payment to Holiday Inn in the amount of $124 . 00 and State Chiefs Conference in the amount of $210. 00 . (Motion approved under consent business) . Vierling/Sweeney moved to approve the bills in the amount of $107 , 218 . 34 . Motion carried unanimously. Mayor Laurent opened the 8 : 00 p.m. public hearing on the proposed assessments for the 3rd Avenue Reconstruction Project 1989-5 . Dave Hutton said the 3rd Avenue Project has now been completed and a public hearing must be held before levying any special assessments on this project, the assessments must be adopted by October 10 if they are to be on the 1991 tax roles. He summarized the final project cost and formulation used in determining the assessments. The total project cost was $1, 060, 870 .78 and the total being assessed is $181, 000. Mr. Hutton explained that the assessment alternative selected provides that all lots within a block abutting side streets would pay for the side streets. Mayor Laurent asked if there was anyone from the audience who wished to address this issue. Sweeney/Vierling moved to receive and file the letter from Lisa Hoff, 416 2nd Ave. W. and Donald Koopman, 313 E 4th and James Gerhardson, 7224 Hampshire stating their objection to the assessments. Motion carried unanimously. Sweeney/Wampach moved to receive and file the letters from Robert and April Need and Frank and Ethel Schneider stating their objection to the assessments. Motion carried unanimously. Norbert Schmitt, Shakopee Services, Block 47 , Lot 2 . He asked why the price of running foot for the abutting property at $17 . 64 and why the shared one was $17 . 93 , why is it higher than the abutting property owner. Dave Hutton said there were less property owners in the zonal assessments than on other blocks. Frank Schneider, 127 W. 4th Avenue, Lot 48 , Block 2 . He said the lot to the right of him is paying one half of what he is. He feels it is not a fair assessment. Dave Hutton said the lot to the right of him has been divided into two lots but together they are paying the same amount. Mike Doherty, 983 Main, whose daughter lives at 411 W. 3rd, had a question on the assessment policies of the City and also the designation on Apgar Street being a State Aid Street or a County State Aid road. Dave replied that it is a State Aid Street from 1st Avenue to 6th Avenue. Proceedings of the September 4 , 1990 City Council Page -4- Lorraine and John Ries, 227 W. 3rd, asked if she was paying for both Atwood and Fuller. Dave replied that she was paying for both. He said he would get further information for her, later this week, on the breakdown of her assessments. Don Koopmann, 313 E 4th, feels it is unfair that those who are abutting only 4th Avenue should have to pay for the side streets. He feels they should not have to pay for something they do not use. Bob Need, 303 E 4th Avenue, asked what the other two means of assessing were. The City Engineer reviewed the three methods of assessing. He said the fairness and the quality of the job was another problem. He said he felt the construction was very poor. He said his folks had already paid for curb and gutter less than 20 years ago. Dave said there would be a credit given if it was less than 20 years ago and he would investigate that matter further. Lisa and Mike Saline, 416 2nd Avenue West, (Lisa Hoff property) , she feels it is very unfair to be assessed because she does not abutt any of the roads that were reconstructed. She said since the construction started it is more difficult to get into her driveway due to the project. Kathy Christianson, 321 E 4th Avenue, asked for a definition of abutting. She said she does not abutt any of the streets and feels it is unfair that she be assessed. Mrs. Norbert Nagel, 137 W 4th, said she has nothing against her assessment. She said her trees were ruined because they were moved. She is getting dirt in her basement which she never got before because the sidewalk is one and one half feet higher than it was before and is causing a lot of problems with drainage. Dave replied that most of the houses are lower than the streets and is almost impossible to get proper drainage. He said the Contractor will replace any trees that are dying or are damaged because of the project. Bob Vierling, 221 E. 4th, Lots 3 , 4, and 5, Block 50, asked why his assessment was higher than his neighbors and he has less property and the work has not been properly constructed. Mayor Laurent closed the public hearing at 9 : 07 p.m. Sweeney/Clay offered Resolution No. 3280, A Resolution Adopting Assessments for Third Avenue Reconstruction Between Spencer to Shumway Streets and all North-South Streets between 3rd and 4th Avenue Within These Project Limits in Section 1, Range 23 , Township 115, Shakopee, Scott County, Minnesota, Project No. 2989-5, and moved for its adoption. Motion carried with Cncl. Wampach abstaining. Proceedings of the September 4, 1990 City Council Page -5- Mayor Laurent called a recess at 9 : 10 p.m. Mayor Laurent reconvened the City Council at 9 : 20 p.m. Sweeney/Clay moved to direct City staff to prepare the necessary legal documents for acquiring the alley right-of-way and once executed authorize the Public Works Director to construct the remainder of the alley using City crews. (North of Shakopee Avenue & between Spencer and Main) . Motion carried unanimously. Vierling/Sweeney moved to remove from table the Shakopee Bypass (southerly) supplemental agreement. Motion carried unanimously. Clay/Sweeney moved to direct the appropriate City Officials to execute a Supplemental Agreement No. 2 with Barton-Aschman to provide additional design services associated with the Shakopee Bypass at such time that MnDOT officially approves all bridges and the Bypass and funding. Motion carried unanimously. Dave Hutton gave the Status Update on the Shakopee Bypass. Dennis Kraft reviewed the Lewis Street, Project No. 1990-5, the reconstruction project. He said it should be completed by September 1, 1990. This item was information only. Vierling/Zak moved to terminate the probationary status of Tom Steininger, Police Chief, effective August 26, 1990. (Motion approved under consent business) . Vierling/Zak offered Resolution No. 3278 , A resolution amending Resolution No. 3159 , Adopting the 1990 budget, and moved for its adoption. (Motion approved under consent business) . Vierling/Zak moved to approve the purchase of a Lanier Transcriber from Wahl and Wahl at a cost of $449 . 00. (Motion approved under consent business) . Sweeney/Clay moved to approve the payment of $1, 476, 180. 50 the Minnesota Department of Transportation in accordance with the previously executed agreement for the downtown bridge project. Motion carried unanimously. Sweeney/Zak offered Resolution No. 3281, A Resolution of Appreciation to Julius A. Coller, II, for Outstanding and Dedicated Service Above and Beyond the Call of Duty as City Attorney for the City of Shakopee, and moved its adoption. Mayor Laurent read the resolution. Motion carried unanimously. Sweeney/Vierling moved to remove from the table the Sidewalk Replacement Project. Motion carried unanimously. Proceedings of the September 4 , 1990 City Council Page -6- Sweeney/Vierling offered Resolution No. 3279 , A Resolution Ordering an Improvement and Authorizing the Advertisement for bids for the Sidewalk Replacement Program, Project No. 1990-11 and that staff make appropriate changes to the Resolution to reflect the removal of the sidewalk on Marschall Road from 4th Avenue to County Road 16, and moved its adoption. Motion carried unanimously. Mayor Laurent called a recess for Executive Session at 9 :40 p.m. Mayor Laurent re-convened the Council meeting at 9: 48 p.m. Wampach/Sweeney directed staff to obtain the necessary right-of-way for Bluff Avenue from Mr. and Mrs. Bill Hauer for a total cost of $73 , 191. 00 and authorized the appropriate City official to execute the corresponding legal documents. Motion carried unanimously. Mayor Laurent adjourned the meeting to September 11, 1990 at 8: 00 p.m. Meeting adjourned at 9 :49 p.m. I () G Lu., k Judith S. Cox City Clerk Carol Schultz Recording Secretary Proceedings of the September 4 , 1990 (DV City Council Page -4- Lorraine and John Ries, 227 W. 3rd, asked if she was paying for both Atwood and Fuller. Dave replied that she was paying for both. He said he would get further information for her, later this week, on the breakdown of her assessments. Don Koopmann, 313 E 4th, feels it is unfair that those who are abutting only 4th Avenue should have to pay for the side streets. He feels they should not have to pay for something they do not use. ITL Bob Need, 303 E 4th Avenue, asked what the other two means of assessing were. The City Engineer reviewed the three methods of assessing. (1c-Tsaid the fairness and the quality of the job was another problem. He said he felt the construction was very poor. He said his folks had already paid for curb and gutter less than 20 years ago. Dave said there would be a credit given if it was less than 20 years ago and he would investigate that matter further. Lisa and Mike Saline, 416 2nd Avenue West, (Lisa Hoff property) , she feels it is very unfair to be assessed because she does not abutt any of the roads that were reconstructed. She said since the construction started it is more difficult to get into her driveway due to the project. Kathy Christianson, 321 E 4th Avenue, asked for a definition of abutting. She said she does not abutt any of the streets and feels it is unfair that she be assessed. MVA 19Np Mrs. Norbert Nagel, 137 W 4th, said she has nothing against her assessment. She said er trees were ruined because they were moved. She is getting/ dirt in her basement which she never got before because the sidewalk is one and one half feet higher than it was before and is causing a lot of problems with drainage. Dave replied that most of the houses are lower than the streets and is almost impossible to get proper drainage. He said the Contractor will replace any trees that are dying or are damaged because of the project. Bob Vierling, 221 E. 4th, Lots 3 , 4 , and 5, Block 50 , asked why his assessment was higher than his neighbors and he has less property and the work has not been properly constructed. Mayor Laurent closed the public hearing at 9 : 07 p.m. Sweeney/Clay offered Resolution No. 3280, A Resolution Adopting Assessments for Third Avenue Reconstruction Between Spencer to Shumway Streets and all North-South Streets between 3rd and 4th Avenue Within These Project Limits in Section 1, Range 23 , Township 115, Shakopee, Scott County, Minnesota, Project No. 2989-5 , and moved for its adoption. Motion carried with Cncl . Wampach abstaining. r OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA SEPTEMBER 11, 1990 Mayor Laurent called the meeting to order at 8 : 00 p.m. with Cncl. Vierling, Zak, Wampach, Sweeney and Clay present. Also present were Dennis Kraft, City Administrator; Barry Stock, Asst. City Administrator; Gregg Voxland, Finance Director; Dave Hutton, City Engineer; and Karen Marty, City Attorney. Sweeney/Clay moved to approve the agenda as amended by adding item 9a (DNR Purchase North of the River) and 9b (Variance Request for Radio Tower) . Motion carried unanimously. Vierling/Clay moved to authorize appropriate City officials to execute the easement with the State of Minnesota providing they ratify this easement subject to the removal of item No. 7, (the Easement Holder agrees not to levy any assessments against the State arising out of or resulting from road construction in the easement area granted - Adams Street north of 6th Avenue) . Motion carried unanimously. Sweeney/Zak moved to offer Resolution No. 3277, A Resolution Amending Resolution 3159 Adopting the 1990 Budget, and moved its adoption. Motion carried unanimously. Gregg Voxland reviewed the purchasing criteria for the City. Right now it is set at a $2, 000. 00 limit before it comes to the City Council . He is recommending a $5, 000 limit. Cncl . Zak said he would like to see the approval of such bills as an informational item to the Council . Sweeney/Vierling offered Resolution No. 3282 , A Resolution Amending Resolution No. 1718 Authorizing the City Administrator to Approve Non-Budgeted Capital Purchases Which do Not Exceed $1, 000, and moved its adoption. Motion carried unanimously. Zak/Vierling moved to establish an information process for items that are more than 3/4 of the limit. Motion carried unanimously. Sweeney/Zak moved to direct staff to take the appropriate steps to amend the ordinance to increase the purchasing limit for the City Administrator to $5, 000 from $2 , 000 (for previously budgeted items) . Motion carried unanimously. Clay/Sweeney moved to authorize the proper City officials to execute the proposed labor contract for 1990 for the Police Sergeant Union. Motion carried unanimously. Sweeney/Vierling moved to authorize the proper City officials to execute the proposed Labor Contract for 1990 for the Police Officer Union. Motion carried unanimously. Cncl. Sweeney noted that the County Board discussed approving the sale of some land to the DNR north of the Minnesota River, Proceedings of the September 11, 1990page -2- Shakopee City Council approximately due North of the Senior Hi-Rise. Mr. Sweeney also noted that the property is pivately owned and essentially land locked since it is surrounded by DNR property. He was bringing this matter to Council to determine if the City had any problem with said acquisition. It was consensus mof Council that said property had little or no private development potential and that the acquisition would not have an adverse impact on the City. The City Administrator was directed to inform Scott County officials of the City' s positon on this issue. Cncl. Sweeney reviewed the proposal from Cellular One to install a new tower in Scott County and upon completion of the tower they will sell it to Scott County for $1. 00 . Cncl . Sweeney said he did not know the exact location of the tower at this time but he felt the City would benefit from this tower as it will replace the current 911 system in Jackson Township. Consensus of the Council was to get more information on this proposal and have it on the next City Council agenda. Discussion ensued on the Five year Capital Equipment List. Cncl. Sweeney expressed concern that with the current budget he felt the City would go into a deficit by the year 1992 . The City Attorney was requested to check if the City can transfer Tax Increment Funds after December 31, 1991. Discussion ensued on the fire equipment list. Cncl . Sweeney said he would like to see more justification on the purchase of a new aerial ladder truck. Consensus of the Council was to have Gregg Voxland contact other parties to investigate further the potential for rehabilitating the existing ladder truck. Sweeney/Zak moved to remove the purchase of the aerial ladder truck at a cost of $375, 000 from the 1991 Capital Equipment list. Motion carried with Cncl . Vierling opposed. Zak/Sweeney moved to have the issue of purchasing an aerial ladder truck on the Capital Equipment list footnoted so the City can keep tabs on it. Motion carried unanimously. Dave Hutton reviewed the purchase of the new truck for the Public Works department. He said he is proposing to replace the tandem truck with a diesel truck. Sweeney/Clay moved the adoption of the 5 year Capital Equipment List as amended which removes the $25 , 000 from Engineering for the Pavement Management System. Motion carried unanimously. Discussion ensued on the status of the Park Reserve Fund. Mayor Laurent asked what effect the Park Dedication Fee will have on this fund. Cncl . Clay suggested that this item be held to let the new Park and Recreation Advisory Board look into this fund. 7 September 11, 1990 Proceedings of the Page -3- Shakopee City Council Vierling/Clay moved to refer the Park Dedication fee issue to the Park and Recreation Advisory Board and have them come back with recommendations on how the money should be allocated between land acquisition and park development. Motion carried unanimously. Mayor Laurent called a 10 minute recess. Mayor Laurent called the meeting back to order at 10: 25 p.m. Discussion ensued on the Five Year Capital Improvement Program. Dave Hutton reviewed the top 12 items. In the five year plan there are a total of 77 projects proposed. Sweeney/WamPach moved to delete Project No. 58 , 3M Opticon System, from the 1991 Capital Improvement Program. Motion carried unanimously. Vierling/Clay moved to approve the 1991 Capital Improvement Program as amended by deleting Project 6 (2nd Avenue - Atwood to Scott) and Project 58 (3M Opticon System) and by correcting Project 8 to read Jackson/Harrison Street - 11th to 12th and Project i, City Hall reducing the cost from $3 million to $1, 500, 000. 00 . Motion carried unanimously. Council recessed for an Executive Session at 11: 00 P.M. to discuss labor negotiations. Mayor Laurent reconvened the City Council at 11: 10 P.M. Sweeney/Wampach moved to have non-union city employees be licensed for class B driving for back up for plowing snow. Motion carried unanimously. Vierling/Zak moved to adjourn to Tuesday, September 18th, at 7 : 00 P.M. Motion carried unanimously. Meeting adjourned at 11: 11 P.M. Lakr),j . . (')/:6 ,lith S. Cox 'ty Clerk Carol Schultz Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MN SEPTEMBER 18 , 1990 Mayor Gary Laurent called the meeting to order at 7 : 00 p.m. with Councilmembers Joe Zak, Jerry Wampach, Gloria Vierling, Robert Sweeney and Steve Clay present. Also present were Dennis Kraft, City Administrator; Barry Stock, Asst. City Administrator; Dave Hutton, City Engineer; Karen Marty, City Attorney; and Judith S. Cox, City Clerk. The following items were added to the agenda: 13c - County Road 16 and 83 traffic control 13d - Re-funding Bond Issue 13e - negotiating team for City Hall purchase 13f - Charitable gambling 13g - Transportation Advisory Board nominations 13h - Recess for executive session. Wampach/Clay moved to approve the agenda as amended. Motion carried unanimously. Liaison reports were given by councilmembers. Mayor Laurent gave the Mayor's report. Mayor Laurent asked if there was anyone from the audience who wished to address anything not on the agenda. There was no response. Sweeney/Vierling moved to approve the consent business. Motion carried unanimously. Sweeney/Vierling moved to approve the minutes of August 28, 1990. (Motion approved under consent business) . Duane Wermerskirchen addressed the council on behalf of the Shakopee Derby Days Committee. He is asking for the City's financial participation to help offset the costs associated with the annual celebration. Cncl . Sweeney had a concern as to where the dollars would come from in the budget. Vierling/Zak moved that staff be in support of giving financial help to the Derby Days Committee subject to the staff finding the dollars in the budget. Motion carried with Cncl . Sweeney opposed. Dennis Kraft reviewed the letter from James Murphy, Principal of the High School relating to the request of the imposition of a moratorium for land located south of the Shakopee High School for public purposes. There are two ways which the City Council can initiate a moratorium. One is through Chapter 469 of Minnesota Statutes which enacts a different zoning ordinance which would allow the comprehensive plan to be completed and second would be to have the area become a part of the official map. Mr. Kraft stated Proceedings of the September 18 , 1990page -2- City Council that in either case, this matter should be referred to the Planning Commission before the City Council takes action. Jim Stillman, 1018 S. Clay Street, said that the school really needs the acreage for their expansion. He said the committee looked into the possibility of adding some other things that may be pertinent to the City that could be used in conjunction with the school. He said he wants the City to be aware of the problems that they are faced with. Cncl. Vierling asked how many acres are involved. Jim replied approximately 10 acres. Ione Theis, 447 Market Street, said she is speaking on behalf of the senior citizens and they are very much in favor of this expansion that may include a community building that could be used by Shakopee senior citizens. Janet Wendt, Chairperson of School Board, said they are in the planning process at this time. They will need more property for possible future expansion of the senior High. They support a moratorium. Bob Tomczik, 1232 Monroe Street, spoke on behalf of the hockey association and said they are also in favor of this moratorium. Paulette Rislund, 1187 Jefferson, Chair of Shakopee Community Recreation Board, stated that at their meeting last evening, they went on record supporting a moratorium to allow time to plan. Sweeney/Wampach moved to refer the matter of implementing a moratorium on development South of the Senior High School to Planning Commission for review and report back to City Council . Motion carried unanimously. Mayor Laurent opened the public hearing on proposed improvements to 5th Avenue between Fillmore and Market. Dave Hutton reviewed the 5th Avenue Project, he said staff has reviewed the feasibility report that was done in 1989 and have added some options to this report. He reviewed the options in regard to the sanitary sewer system proposed. Cost estimates for sewer options are $108, 000 for Option 1, Option 2 is estimated at $91, 000. 00, Option 3 is estimated at $24 , 000 and Option 4 is estimated at $88 , 000 . It will be assessed to those properties benefitted on an area wide basis. He reviewed the options for the expansion of the water main. It is proposed to install a 36 foot wide street on 5th Avenue with curb and gutter. Total project costs using option 1 is approximately $460, 000 . Doing option 1 would provide sewer and water and streets to all the undeveloped properties in the area. He said there were two properties that were inadvertently left out when notices of this hearing were mailed and that this public hearing would have to be continued so 9 Proceedings of the September 18 , 1990 City Council Page -3- the two property owners can be notified. Mayor Laurent asked if anyone from the audience wished to address this issue. Mayor Laurent read a letter from Ed Siebenaler of 322 E. 5th Avenue stating his opposition to the 5th Avenue improvements. Gene Brown, 1661 W. 6th Avenue, asked if the assessments included Main and 5th. Dave replied that they did. Rod Pallansch, 430 E. 5th Avenue, said he would also like to see 5th Avenue upgraded. Dean Smith, Market Street, said he would like sewer and water and is in favor of the whole project. Ione Theis, 447 Market Street, said she is in favor of the whole project and would also like to have the two properties that were left out notified and included for another public hearing. Jeff Reinke, 436 E. 5th Avenue, asked for clarification on the assessments to his two parcels. Calvin TenEyck, said he felt that option 4 would work very well for everyone' s benefit and it would cost considerably less. He said his property would not gain at all by using option 1 because his property has 4th Street sewer and water. He does not feel that the City should be improving property for a land developer that has no plans as yet to develop. Dave Hutton replied that Option 1 benefits the entire area and option 4 does not. Mr. Brown said he does not feel option 4 is the best and highest option for improvement. Dorothy TenEyck, said there is no way they would get 6 buildable lots out of her property, it would have to include the house as well . Dave Brown, 10th and Jefferson, said the issues are the same as they were two years ago and the Council should uphold their previous decision. Laurie Rodenberg, 436 E. 5th, said she is in favor of option 4 also because they would not benefit from option 1. Rick Kechely, 435 E. 5th Avenue said he is for Option 1 because it would benefit everyone involved. Sweeney/Wampach moved to continue the public hearing to the October 16, 1990 City Council meeting. Motion carried unanimously. Mayor Laurent called a recess at 9 : 15 p.m. Proceedings of the September 18 , 1990 City Council Page -4- Mayor Laurent reconvened the City Council at 9 : 30 p.m. Sweeney/Wampach moved to approve the preliminary plat of Valley Park Tenth Addition subject to the conditions recommended by the Planning Commission as listed in their September 4 , 1990 minutes. Motion carried unanimously. Sweeney/Clay moved to remove the Park Dedication Fees from the table. Motion carried unanimously. Clay/Vierling moved to receive and file the memorandum dated August 8, 1990 from Allianz Investment Corporation, legal counsel, regarding park dedication fees. Motion carried unanimously. Wampach/Vierling moved to table the park dedication fee item to the first City Council meeting in October, 1990. Motion carried unanimously. The City Planner reviewed the proposal by Cellular One to construct a new radio tower for the emergency communication system (911) . Cncl . Clay said he feels this is a County matter not a City matter and suggested neither opposing nor supporting this proposal . Cncl . Sweeney said he feels it does effect the City. Consensus of the Council was to not do anything at this time. Sweeney/Clay moved to grant the developer of Canterbury Park 4th Addition an extension until December 31, 1990 to file the Final Plat with the County. Motion carried unanimously. Sweeney/Vierling moved to authorize the use of Midwest Environmental Control Corporation to perform an environmental analysis of the City' s underground storage tanks to determine the extent of upgrading needed to be in compliance with the new EPA regulations at an estimated fee not to exceed $2 , 152 . 00 to come out of the Shop ' s Division Budget, Object No. 4230 "Building Maintenance" . (Motion approved under consent business) . Sweeney/Vierling moved to accept the proposal of Jasper, Streefland and Company for 1990 audit services in the amount of $8, 300 and that the City Administrator is authorized to execute the Understanding of Engagement. (Motion approved under consent business) . Sweeney/Vierling moved to direct staff to prepare an ordinance allowing the sale and serving of wine within a bed and breakfast operation. Motion carried unanimously. Clay/Vierling moved to approve the bills in the amount of $2 , 553 , 328 . 55 . Motion carried unanimously. 7 Proceedings of the September 18, 1990 City Council Page -5- Sweeney/Vierling moved approval of Semi-Final Pay Estimate for the 3rd Avenue Reconstruction Project in the amount of $41, 499 . 63 to Barbarossa and Sons, Inc. , 11000 93rd Avenue No. , Osseo, MN 55369 . (Motion approved under consent business) . Vierling/Clay moved to authorize the closing of city hall on December 24 , 1990 with the stipulation that employees use their vacation time, comp time, take the day off without pay, or that employees may work if they choose to do so. Motion carried unanimously. Sweeney/Wampach offered Resolution No. 3288 , A Resolution Establishing a Committee of the Whole, and moved its adoption. Motion carried unanimously. Clay/Sweeney moved to direct staff to refrain from putting council minutes under consent business whenever a Councilmember is absent from the meeting the minutes are of. Motion carried unanimously. Sweeney/Vierling moved to appoint Raymond Erlandsen to the full- time permanent position of police patrol officer. (Motion approved under consent business) . Sweeney/Vierling moved to appoint Thomas Crocker to the full-time permanent position of police patrol officer. (Motion approved under consent business) . Sweeney/Vierling offered Resolution No. 3289, A Resolution Authorizing Delivery of a Deed to Extinguish an Easement, and moved its adoption (Motion approved under consent business) . Sweeney/Vierling offered Resolution No. 3286, A Resolution Ordering the Preparation of a report on an Improvement to Muhlenhardt Road Between County Road 16 and County Road 18 and moved its adoption. Motion carried unanimously. Sweeney/Vierling offered Resolution No. 3285, A Resolution Approving the Plans and Specifications for Phase I of the T.H. 169 Bridge and Minibypass Project, (S .P. 7009-58) and moved for its adoption. Motion carried unanimously. Sweeney/Vierling offered Resolution No. 3287 , A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for the Killarney Hills Project No. 1989-7 and moved for its adoption. Motion carried unanimously. Clay/Vierling moved to reschedule the 1st scheduled Council meeting from October 2 to October 9, 1990. Motion carried unanimously. Proceedings of the September 18, 1990 City Council Page -6- Wampach/Sweeney moved to receive and file the letter from Brad Larson, Scott County Highway Dept. regarding traffic on county Road 16 and County Road 83 . Motion carried unanimously. Wampach/Vierling moved to authorize Springstad to prepare documents setting the sale on $4 . 2 million refunding bonds for Council action. Motion carried unanimously. Mayor Laurent addressed the issue of charitable gambling. He suggested that a motion be made to direct staff to consider a requirement that the license holders of charitable gambling in this City be required to make 90% of their net proceeds as contributions within the City of Shakopee. Cncl. Clay said he feels 90% is high for their contributions, he would support 55% . Vierling/Sweeney moved that staff look into placing a requirement on the charitable gambling holders that 90% of their net earnings be spent within the City of Shakopee. Motion carried with Cncl. Clay opposed. Mayor Laurent called a recess for an executive session at 10:45 p.m. to discuss pending litigation. Mayor Laurent reconvened the City Council and stated that no action was recommended in the executive session regarding pending litigation. Mayor Laurent adjourned the Council meeting at 10: 58 P.M. tl Aat) 4 - 92C ith S. Cox City Clerk Carol Schultz Recording Secretary CONSENT • September 19, 1990 Dennis Kraft, Administrator City of Shakopee Administration Building 129 First Avenue East Shakopee, MN 55379 RE: Shakopee Bypass Settlement Agreement Dear Mr. Kraft: In accordance with the terms of the Agreement between us and the City of Shakopee dated August 27, 1990, this letter is intended to inform you that we desire the City of Shakopee to perform Alternative No. 2 under the Agreement and pay us $20,000 as provided therein. We will look forward to payment in accordance with the terms of the Agreement. Paul Schmitz Geraldine Schmitz Action Requested: Move to receive and file the letter from Paul & Geraldine Schmitz advising that they select Alternative No. 2 in the Bypass Agreement; the City will pay an amount of $20 , 000 to Mr. & Mrs . Schmitz when construction commences for that phase of the Shakopee Bypass which is in the vicinity of the Schmitz home. 10 . AGREEMENT WHEREAS, Paul Schmitz and Geraldine Schmitz, husband and wife, (hereinafter "the Schmitzes") own a home located near the proposed Shakopee Bypass legally described as follows: Lot 1 , Block 2 , Killarney Hills , Shakopee , Scott County , Mn . (hereinafter referred to as "Schmitz Home"); and WHEREAS, the City of Shakopee, a body politic incorporated and organized under the laws of the State of Minnesota (hereinafter referred to as the "City") is the municipality in which the Schmitz Home is located; and WHEREAS, it has been determined by the Minnesota Department of Transportation (hereinafter referred to as "Mn/DOT") which is the agency with overall authority for the construction of the Shakopee Bypass that for a short period of time each day the noise levels at the location of the Schmitz Home will be in excess of those allowed by the Minnesota Pollution Control Agency (hereinafter "MPCA"); and WHEREAS, Mn/DOT has sought a variance from the noise standards established by the MPCA in order to proceed with the construction of the Shakopee Bypass; and WHEREAS, the Schmitzes have requested that the MPCA modify the variance sought by Mn/DOT to require that alternative noise abatement improvements be installed and/or the Schmitzes be compensated for having to endure the noise levels which will exceed the MPCA standards; and WHEREAS, to date the MPCA has denied the variance until the issues raised by the Schmitzes are resolved; and WHEREAS, it is necessary to resolve the issues of the Schmitzes in order for the Shakopee Bypass to be constructed; and WHEREAS, Shakopee has a vested and significant interest in the construction of the Shakopee Bypass in order that serious traffic problems and hazards existing within the City of Shakopee be solved; NOW THEREFORE, in consideration of the foregoing recitals, the mutual covenants and agreements set forth herein, and other good and valuable consideration, the undersigned parties do hereby agree as follows: 1. That the City agrees to provide compensation to the Schmitzes according to one of the following alternatives: a. The City shall authorize and pay for an appropriately qualified independent consultant to determine what sound mitigation measures may be provided for the Schmitz Home and further agrees to contract for and obtain such appropriate sound mitigation measures for the Schmitz Home, at a total cost not to exceed $50,000.00 ("Alternative No. 1"), or -1- /15 a— b. The City will pay an amount of$20,000.00 to Mr. and Mrs. Schmitz ("Alternative No. 2"). The selection of the alternative to be performed by the City shall be at the sole discretion of the Schmitzes. The Schmitzes shall make their selection within sixty (60) days of the date that the MPCA grants its variance and issues the Indirect Source Permit for the Shakopee Bypass. Such selection shall be made in writing to the City. If the Schmitzes select Alternative No. 1, the City will perform its obligations within a reasonable time after the beginning of construction of that phase of the Shakopee Bypass which is in the vicinity of the Schmitz Home. If the Schmitzes select Alternative No. 2, the City shall make its payment when construction commences for that phase of the Shakopee Bypass which is in the vicinity of the Schmitz Home. 2. The Schmitzes agree to withdraw any and all objections they have to the construction of the Shakopee Bypass and to accept either Alternative No. 1 or Alternative No. 2 in lieu of any other compensation or damages due the Schmitzes as a result of the noise created by the construction of the Shakopee Bypass. 3. The Schmitzes agree that, upon completion of the alternative which they choose, they waive any rights they have or may have to challenge, appeal, or litigate any issues relating to the noise caused by the construction of the Shakopee Bypass. The Schmitzes understand and agree that the obligation of the City under the terms of this contract shall be limited to the alternative chosen by the Schmitzes and further agree that the City is not an insurer or guarantor of any sound mitigation measures resulting from a selection by the Schmitzes of Alternative No. 1. 4. Both parties hereto understand and agree that the following conditions precedent shall exist before the rights and obligations of this Agreement shall be binding upon the City: a. The MPCA shall issue a variance to Mn/DOT regarding the construction of the Shakopee Bypass as it affects and impacts the Schmitzes home; b. The MPCA shall grant an Indirect Source Permit for the Shakopee Bypass; c. No objection to this Agreement shall be made by the MPCA prior to its grant of the noise variance in this matter, however, notwithstanding any such objection by the MPCA, upon its granting the variance, any objection of the MPCA to this Agreement will no longer be a condition precedent to the fulfillment of the obligations herein by the City; and d. Construction of the Shakopee Bypass will actually commence. 5. If this Agreement is litigated by either party, the prevailing party may recover its costs and attorney's fees incurred in prosecuting or defending said litigation. 6. The interests of the Schmitzes in this Agreement are fully transferable, however, in the event that Schmitzes sell their residence which is the subject of this Agreement prior to the time the City has fully performed its obligations, the Schmitzes may -2- choose not to transfer their interests in this Agreement to such a buyer, but rather continue to look to the City for the benefits conferred by this Agreement. IN WITNESS WHEREOF, the parties hereto have affixed their signature this 2 7tkday of /4,4) ,5"/'' , 1990. i I t ^; l' jl Paul Schmitz' ,w..,,•_ ..- I -..e.- g:•%:' •% (Van etta c..-.N. g n'n:bten �X L/z ,L<< -,----::- //k G i _ NOT;.RT F.. „AIN.EbvTA 'l Geraldine Schmitz r %,' . . SCOT CCU;;1Y S.`,• My commission exp;res 10,.........j...8,-..94 CITY OF SHAKOPEE By: ,,.2 Gary . ,,y(y,2- Its: Mayor • ""'-h..,-..,:- Rorlld d Rwaka i� �� • �, � Dennis Kraft '�`'" 1 � Its: City Administrator By: 2 , -,_,./,,� _ -,J . fox Its: City Clerk STATE OF MINNESOTA ) ) SS. ACKNOWLEDGMENT COUNTY OF hie A it er.,11 ) J 4 The foregoing instrument was acknowledged before me this 7f`i day of ! �`f s S 1990, by Paul Schmitz, an individual. l - �(notary seal) , -t. : c ^",;.;•,, DAN BIERSDORF 2 Notary Public o 'I � k NOTARY PUBLIC-MINNESOTA 22 2 `: '.,r HENNEPIN COUNTY r .. •..:'My CommissionExpires Nov. .• ovig, �ggp -3- 1o4t STATE OF MINNESOTA ) 1",--:-.:Tr. ) SS. ACKNOWLEDGMENT COUNTY OF ) The foregoing instrument was acknowledged before me this ,9 7 day of ( ---f,�' /" , 1990, by Geraldine Schmitz, an individual. : (notary seal) - , l.'4-a_ 6'L- j". j,�a - -.l -,�; �)ne.ttJ c /,t. `_ 2.r'/isort �:- _ NOTARY D.,....—+fit:.. T Notary Public .E3G a - 5CQ 7 T CCLN1 i V.... ' My corr.mission.expires 10.13.94) STATE OF MINNESOTA ) ) SS. ACKNOWLEDGMENT COUNTY OF r7,r,,c7)7^ ) ,k-. The foregoing instrument was acknowledged before me this 27 day of 417'S , 1990, by Gary Laurent, Mayor of City of Shakopee. / C—/ G.Rwska - �t ✓ / / (notary seal) _ . Raymond �; �t� J� • 7�L� HenreePill Co. Notary'Public 122142 STATE OF MINNESOTA ) / ) SS. ACKNOWLEDGMENT COUNTY OF l/ehney)• ) The foregoing instrument was acknowledged before me this day of /41''5 t,- 1990, 1990, by Dennis Kraft, City Administrator of City of Shakopee. c------, (notary seal) Raymond G.Flimsies �C 7 ----.;t..s1.47,-.1),.4.- . ‹Lee,f4...„___' i.- Nov►Pu Hennepin' Notary Public STATE OF MINNESOTA ) ) SS. ACKNOWLEDGMENT COUNTY OF //«'t kl/ ^ ) 1f The foregoing instrument was acknowledged before me this Z 7 day of 4-'e5 e' 5 , 1990, by Judith S. Cox, City Clerk of City of Shakopee. ------„, r E, Raymond G.Rwska i_i.: 'l LC"J--t+ ./...... ��4 .-- (notary seal) ; - , Homy Rubric-Neonate Hennepin Co. Notary/Public Drafted by: 12/21/92 Dan Biersdorf , Attorney-at-Law Suite 700 Lumber Exchange 4. 10 So. 5th Street Minneapolis , Mn. 55402 2::: REALTY WORLD` - e MN C oNSENti 1240 East 3rd Avenue.Shakopee.MN 55379 .■■' Telephone:(612)445-9110 `--. REALTY WORLD. A/1" 2/ `;‘' Dennis Kraft City Administrator and City Council City Of Shakopee We own a parcel of property in the 400 block of Dakota Street , Legal Description is Lot 2 Block 1 Clifton First Addition and the Northerly half of the abandonee RR Right of Way. We propose to purchase the Southerly half of the RR Right of Way and Triangular Parcel of land shown on the survey from Ed. R. Siebenaler. This would open Dakota Street to thru traffic and tie together the many angles to this parcel of land. We request the city to conside purchase of the parcel outlined in red for expansion of the city storage yard or other uses. The city may not need additional space at this time, expansion to this area could free some of the present storage space on the East side for a highter or better use or for sale to a private developer. The parcel would provide a second entry from the alley shown on the lower right hand side of the red area. We propose to develope and build townhouses on that part of the land fronting on Dakota Street . We propose to market these homes to the retired and empty nesters . There would be no basements , because of the lime rock. There would be 1 bedroom and bath down, and a bedroom and a bath up. This is a difficult and expensive parcel to develop because of the many angles and the lime rock to near the surface in the area. To reduce costs we would request of a set back from 50 feet to 30 feet . All other buildings in this area of Dakota Street are at 30 feet or less. Each office independently owned and operated REALTY WORLD' THE RESULTS PEOPLE' 111?1111 :1 REALTY WORLD® -Kubes■.. 1240 East 3rd Avenue,Shakopee,MN 55379 Telephone:(612)445-9110 mow REALTY WORLD` Page 2 The parcel outlined in red is 2+ acres, price will depend on what we will be required to do as to looping or extending water lines, park land or fees, etc. We are willing to negotiate with the City on a reasonable purchase price. We respectfully request your consideration of this proposal. Cordially, Ted Jasper Randy Kubes ACTION REQUESTED: Refer the letter dated Oct. 2 , 1990 from Ted Jasper regarding the sale of property on Dakota Street to staff for review and analysis and to report back to the City Council. Each office independently owned and operated REALTY WORLD' iliff RESULTS PEOPLE.' / 1q MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner /...0= RE: - RE: Appeal by Patricia Green on Conditional Use Permit Resolution No. 597 DATE: October 3 , 1990 INTRODUCTION: At their September 6, 1990 meeting the Planning Commission approved a conditional use permit with six conditions for a chapel in a single family residence. The applicant is appealing Condition No. 6 from Conditional Use Permit Resolution No. 597 , which requires the paving of the driveway. BACKGROUND: Attached with this memo is a letter from the applicant describing her reasons for objecting to the condition requiring paving of the driveway. The site is zoned R-1, Rural Residential , and all surrounding parcels are also zoned R-1. The land use of the site and surrounding parcels is single family residential . The applicant ' s property is located on Boiling Springs Lane, an over-length cul-de- sac developed prior to being annexed into the City of Shakopee. (Please refer to the attached site plan and area maps. ) The condition requiring paving of the driveway was developed by the Planning Commission at their meeting and reads as follows: 6. The access driveway to the required parking areas must be paved prior to the release of the conditional use permit. The applicable criteria and findings listed in the staff report relating to Condition No. 6 are as follows Criteria #3 That adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided. Finding #3 The home occupation will not substantially increase demand on the on site water and sewer systems. Adequate access and drainage are being provided on the site. Criteria #9 The use will not cause traffic hazard or congestion. Finding #9 The large site provides ample area for vehicular circulation. The traffic impact related to this proposal is minimal. DISCUSSION: As identified in the staff report, the traffic impact related to this conditional use permit is minimal. The number of vehicles to and from the site will not be appreciably increased with the operation of the chapel as proposed. The applicant has stated in her letter for the appeal and at the Planning Commission meeting that services would be held once a week with a maximum of five people attending a service. The Planning Commission included a condition which will allow the City Administrator the authority to require a review of the conditional use permit if complaints are received by staff on the operation of the chapel. Through this condition it would be possible for the Planning Commission to require the driveway to be paved at a later date if additional traffic were to carry gravel onto Boiling Springs Lane and cause a traffic hazard. It is the City Engineer' s opinion that the increase of traffic involved with this conditional use permit does not warrant the need for paving the driveway. ALTERNATIVES: 1. Retain Condition No. 6 from Conditional Use Permit Resolution No. 597 as approved by the Planning Commission. 2 . Delete Condition No 6 from the Conditional Use Permit Resolution No. 597 . RECOMMENDATION: Staff recommends that Condition No. 6 from Conditional Use Permit Resolution No. 597 be deleted from the requirements for the operation of the chapel . ACTION REQUESTED: Offer and pass a motion which deletes Condition No. 6 from Conditional Use Permit Resolution No. 597 . a,, Y -io -yo • 1/c� • TY (� G:�A;1t)P.=;= S_7Y,r.•v�7FR :�, 1.99R r . "V A:)MTNISTRATOP ).'NN Y c :•c RAF^- ::N MATTER OF CONDITIONAL USE PERMIT 4597, HFARO .y. T!- PLANNING COMmIFSTon! O.\: -j 5JAY, SEP T Ew8F,? 6. WE WIG!- TO APPEAL TO 7%-!-F CITY COUNCI:_ THE ANO N(:. -. -A--, A:_ "HOUGH Tri:_ C.U.R. HAS BEEN GRANTED, IT IS CONTINGENT ON OUR PLACKTOPP Nr • ACCESS TO THE PARKING AREA, WHICH WOULD BE THS ! ULL LENGTH OF THE hRIV:EWoY, IS BLACKTOP NEAR THE HOUSE, AND THE REST OF THE IRIVEWAY IS GRAVEL. f;..CTION RAISED IS THAT. SINCE WE HAVE 3 VFHIC_ES, W1= WILL 3F '•)RAGGING G?AV AQT^O'NTO --HES ROADWAY, AND IT WILL HAVE TO SE SWEPT (�f_= AT TAXPAYERS SX4E':�.�,F, AF T_Q RECENT RAINS THERE WERE A FFW SMALL LOW SPOTS S TN T•-+'- GRAVE ... A,\::) Z SPENT 30 MINUTES TRYING TO FIND ENOUGH LOOSE GRAVEL ON THE DRIVEWAY TO -- T:-.-v.. r COULDN' T !_I N° THAT MUCH LOOSE G RAV. , • AR;- TALKING ABOUT 1 OR 2 CARS COMING TO SERVICES ONCE A WEEK, WHICH IS n:OT a:.. .'-x rr-SC's AMOUNT T ^'r -1 P! T y. r S P WHO r., �'- _ .�V;_ A, OU;v t1� 1 A _ C. THE COMPLAINT Ig =R(1� A ti�_G'•�._,(1� ,�;.(� �A:-• AT 9-9 V HIC_ES STREWN AT RANDOM ACROSS HIS PROPERTY. (SOME IN A SEMI-JUNKED MOD ) , T F:-(-:K 1 1E S E TRAFFIC -Q ;i5-1.7S �-::=AVY A AU`ING TRUCKS IN HIS SUS='�••...SS� ANO •�A.� `"•ORE_ ?A=�- C "("1 _ PROPERTY IN 2-3 DAYS THAN WE WOULD HAVE IN A .M0:f H A ME,%t?.ER (lF -r•- ` PANN;_ STATE) THAT HER CHURCH _)T: oT HAVE R,LACKTOPPIN(, AX.-73 71-:.= CITY ATORNEY PR.ES^NT, IF THIS WAS REOUIREO FOR CHURCHES AND SHE SAID »;" :,,lA.tiT TO ESTABLISH A SMALL CHAPEL IN OUR HOME, AND IN THIS SENSE, A CHAPEL I9 ttri A ".1.iC`• S'r`AL__R ENT_ rY -4N A C:-;URCH, BUT OUR CHAPEL IS A FULLY APPI;_.':AT'-il :7',18 R O. A LARGER, NATIONAL CONGREGATION, "THE CATHOLIC CHURCH OF ANTIOC:-t. SF NO UNOU;= TRAFFIC PROSLEm9. NO EXTERNA_ NOISE. AND NO :)FP.: Ts _. TEREJ ON THE PUBLIC WAYS THAT WILL SE DETRIMENTAL TO THE NEIGH?OR-400O . A;_.cO WILL SE NO OUTSIDE, VISI;LE MANIFESTATION OP THE ACTIVITIES OF SINCERELY PRESFNTFO V'=RY REV. PATRICIA L. GREEN, PASTOR ROBERT I. GREEN . . . . 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I j4l A wi � s\ 1 S 1 -- ..4 a _ 011 " _Cr ,.- , rr , � IN [ 5 i-- PLkJ Con(DI'ffo/VAL CAC. PEIZMtT 1\i02Ti-( RE-s. No. 511 pATRIG& G(Z Nvr SCALE- 1/ , CITY OF SHAKOPEE CONDITIONAL USE PERMIT RESOLUTION NO. 597 WHEREAS, Patricia Louise Green, the applicant and Robert and Patricia Louise Green, the owners having duly filed an application for a Conditional Use Permit dated August 10, 1990 under the provisions of the Shakopee Zoning Ordinance, Section 11. 04 , Subdivision 6, for: a conditional use permit to allow for a chapel in a residence at 8708 Boiling Springs Lane; and WHEREAS, the present zoning for the parcel on which the Conditional Use Permit is being requested is designated as: R-1 Rural Residential ; and WHEREAS, the property upon which the request is being made is legally described (on Exhibit "A" which is attached hereto and made a part hereof; and WHEREAS, upon hearing the advice and recommendation of the City Planner and upon considering the suggestions and objections raised by the affected property owners within a radius of 350 feet thereof in a public hearing duly held thereon. NOW, THEREFORE, BE IT RESOLVED BY THE SHAKOPEE PLANNING COMMISSION OF THE CITY OF SHAKOPEE, MINNESOTA, that the aforementioned Conditional Use Permit application be and is hereby approved as follows: A conditional use permit to allow a chapel in the residence at 8708 Boiling Springs Lane, subject to the following conditions: 1. The number of people attending services at any one service shall not exceed five people or the number allowed by the building code, which ever is less. 2 . The applicant shall submit a site plan identifying the location of the required parking. If additional parking is required the parking stalls shall be constructed prior to the release of the conditional use permit. 3 . The applicant must verify that all fire and building codes have been met for the proposed use prior to the release of the conditional use permit. A floor plan shall be submitted to the building Official for his review and approval. 4 . If complaints to City staff in the future on this conditional use permit warrant a review by the Planning Commission, the City Administrator shall have the authority to require such a review. I/ 5 . The conditional use permit is limited to indoor services only. 6 . The access driveway to the required parking areas must be paved prior to the release of the conditional use permit. BE IT FURTHER RESOLVED, that pursuant to Shakopee City Code, Section 11. 04 , Subd. 6C-12 , if an approved Conditional Use Permit is not utilized within one year from date herein approved or by September 6, 1991, it shall become null and void. Adopted in regular session of the Shakopee Planning Commission of the City of Shakopee, Minnesota held this 6th day of September, 1990. AL salL'Ve:IC__ hacirman of the Planning Commission AT P . ., P Of / i 'ty Plainer l/ 106 PLANNING COMMISSION SHAKOPEE, MINNESOTA REGULAR SESSION September 6, 1990 MEMBERS PRESENT: Kahleck, Spurrier, Lynch, Joos, Allen & Christensen MEMBERS ABSENT: Rockne STAFF PRESENT: Lindberg Ekola, City Planner Karen Marty, City Attorney Sharon Storholm, Recording Secretary I. ROLL CALL Chairperson Kahleck called the meeting to order at 7 : 38 P.M. Roll call was taken as noted above. II. APPROVAL OF AGENDA Agenda approved as submitted. III . APPROVAL OF MINUTES FOR AUGUST 9th MEETING Minutes approved as submitted. IV. RECOGNITION OF INTERESTED CITIZENS Chairperson Kahleck explained that if anyone present would like to speak on an item not listed on the agenda, they should speak at this time. No one offered any additional agenda items. Ekola briefly reviewed the City Calendar for September and the Business Update from City Hall. He noted that the minutes of the City Council Meetings for August 2 , 7 , 9 , 15 and 21 were included in the packet. A transportation update will be provided next month. Chairperson Kahleck suggested that workshops should be developed for the Commission relating to the review and approval process of subdivision plats. V. PUBLIC HEARING: PATRICIA GREEN - CONDITIONAL USE PERMIT Chairperson Kahleck opened the public hearing. // 4L, Minutesof the Page - 2 Shakopee Planning Commission September 6, 1990 The City Planner presented the highlights from the staff report. He stated that the applicant was requesting a conditional use permit to allow a chapel in a R-1 district. He stated in the R-1 district regulations, a church is listed as a conditional use. From the definition of church, staff has made an interpretation that a chapel is similar in function to a church and would thus require a conditional use permit. He noted that the proposed use will bring some additional traffic to the site. He identified that the applicant had stated on the application that there would be up to five people attending services at the chapel. The zoning ordinance requires that two additional parking stalls would need to be provided for this facility. Since the site covers approximately 2 . 49 acres, there appears to be ample room on the site for the two additional parking stalls. One complaint had been received by City staff from Vicki King of 1723 County Road 89 on the proposed chapel. Ekola read the letter which outlined her concerns on traffic in the area and that she felt the request should be denied. He also added that all City departments recommended approval of the conditional use permit. Staff recommended approval of the conditional use permit, subject to the following four conditions: 1. The number of people attending services at any one service shall not exceed five people or the number allowed by the building code. 2 . The applicant shall submit a site plan identifying the location of the required parking. If additional parking is required, the parking stalls shall be constructed prior to the release of the conditional use permit. 3 . The applicant shall verify that all fire and building codes have been met for the proposed use, prior to the release of the conditional use permit. A floor plan shall be submitted to the building official for his review and approval . 4 . If complaints to the City staff in the future on this conditional use permit warrant a review by the Planning Commission, the City Administrator shall have the authority to require such a review. Chairperson Kahleck opened the discussion for questions to staff by the commissioners. /1 A. Minutes of the Page - 3 Shakopee Planning Commission September 6, 1990 Commissioner Spurrier questioned that according to item #1, five people would be allowed. How many are allowed by the building code? The intent of Condition #1 was to limit the number of people attending services to five people or the number allowed by the building code whichever is less. Commissioner Christensen asked about the buffers for the parking lot. She felt that the placement of the parking area should be agreeable to the neighbors. Commissioner Spurrier stated that the number of cars normally required would be greater for smaller use. He was concerned with the formula used in determining the required parking. He felt that there should be five parking spaces at a minimum, since two of the parking stalls are currently used by the homeowner. He suggested that a total of six parking stalls be required on the site. Commissioner Christensen asked about small businesses that are run out of the home. What is the ordinance for parking on those businesses. Ekola answered that parking requirements for home occupation businesses are listed in the code by use. Commissioner Allen asked if there are any drawings better depicting of how the home sits on the property. Ekola stated that staff had made a visit to the site and the distance between the home and the street was over 100 feet. He also stated that staff is continuing to work with applicants on conditional use permits to help better improve the submittal for the review by the Planning Commission. Commissioner Spurrier continued discussion on the parking area requirements. He stated his concern of gravel and debris being brought up onto the Boiling Springs Lane from the driveway surface. The applicant, Patricia Green of 8708 Boiling Springs Lane came forward and said that the parking area is already paved for seven cars. The driveway between the paved area near the house and Boiling Springs Lane is currently gravel . She stated that eventually they plan to pave the driveway surface. Commissioner Allen asked the applicant if the chapel would be turned into a church eventually. Patricia Green answered if the chapel were to become a church, it would be at a different location. Chairperson Kahleck opened the discussion for public comment. Minutes of the Page - 4 Shakopee Planning Commission September 6, 1990 David Gregory of 8707 Boiling Springs Rd. stated that five was not a large number and it seemed silly. If he wanted to live next to a church, he would have moved next to one. There is parking for about four cars and he did not care for the additional traffic. Mr. Gregory also raised concerns about the notification process of the public hearing. Staff clarified the requirements for notification as a mailed notice to all property owners within 350 feet of the applicant' s property. Tim Platt of 8615 Boiling Springs Rd. came forward and asked exactly for the definition of a chapel. Mr. Platt also questioned the potential property tax exemption. Ekola read the definition of a church from the Zoning Ordinance as follows. "Church - a building together with its accessory buildings and uses, where persons regularly assemble for religious worship and building, together with its accessory buildings and uses is maintained and controlled by a religious body organized to sustain public worship. " Green said this was called a chapel because it was not large enough to be a church. There is no congregation yet. Marty said she did not know if the chapel would be tax exempt but it would be only that small portion of the property that is the chapel if it were exempt. The property tax ramifications were identified as being separate from the conditional use permit. Ekola noted that the issues being considered by the Planning Commission are land use in nature and not a property tax matter. Commissioner Christensen asked if a large church would be permitted in a R-1 district. Ekola said it could be with a conditional use permit. A member of the audience asked what would happen if the applicant would want to expand the number of persons attending services. Kahleck answered that the CUP would need to be amended and that another public hearing would be held. Wayne Miller of 9075 Boiling Springs Lane questioned if the conditional use permit would allow for outdoor services. Ekola responded that this aspect had not been addressed in the staff report. Kahleck asked Miller if he would like additional conditions regarding outdoor services and noise levels. Miller answered that he would and the provisions should be clearly stated. The road is a dead end road and he felt that staff should have taken the time to contact / Minutes of the Page - 5 Shakopee Planning Commission September 6, 1990 other residents on Boiling Springs Rd. Kahleck stated that the issue of notifying neighbors will be addressed more fully with the Comprehensive Code update. Commissioner Allen asked how many services can be held a week with five in attendance at each one. Green answered it would be five people once a week - possibly a Wednesday night service if they desired so. Commissioner Christensen asked what Green would do if more than five attended services? Green said that she would have to find a different location in that event. Ekola suggested an additional condition No. 5 which would limit services to one per week. Miller said that he would like to state that he and his wife are opposed if the conditional use permit were changed to allow for more than five people in attendance. Bonnie Platt of 8615 Boiling Springs Lane asked what denomination or religion this chapel was for. Marty said this information was not relevant to the decision by the Planning Commission. Kahleck called for a short recess at 8: 24 P.M. for the purpose of allowing the applicant, Ms. Green and the neighbors to discuss the nature of the religion and other questions. The meeting reconvened at 8: 27 P.M. Mr. Jon Albinson of 1224 E. Shakopee Ave. came forward and stated that one service a week seemed unnecessarily restrictive if all other conditions are met. Commissioner Christensen noted that other churches in the City have surfaces which are not paved. Commissioner Spurrier noted that an unpaved lot and drive is a nuisance. The City can take action to have these lots paved. Kahleck closed the public hearing. MOTION: Spurrier moved that the Planning Commission approve Conditional Use Permit Resolution #597 with six conditions: 1. The number of people attending services at any one service shall not exceed five people or the number allowed by the building code, which ever is less. 2 . The applicant shall submit a site plan identifying the location of the required parking. If additional parking is required the parking stalls shall be Minutes of the Page - 6 Shakopee Planning Commission September 6, 1990 constructed prior to the release of the conditional use permit. 3 . The applicant must verify that all fire and building codes have been met for the proposed use prior to the release of the conditional use permit. A floor plan shall be submitted to the building Official for his review and approval. 4. If complaints to City staff in the future on this conditional use permit warrant a review by the Planning Commission, the City Administrator shall have the authority to require such a review. 5. The conditional use permit is limited to indoor services only. 6. The access driveway to the required parking areas must be paved prior to the release of the conditional use permit. Commissioner Allen seconded the motion. No vote was taken at this time. The motion was later withdrawn. Commissioner Kahleck opened for discussion on the motion. Commissioner Joos felt that paving was not cost effective for only five people. In a family of five teenagers it is not required and there is possibly more traffic. Commissioner Allen said it may help with the neighbor' s attitudes if this condition were added when the conditional use permit passed. Commissioner Christensen questioned if paving was necessary for only five people. If the number of services increased possibly it would be necessary. Could the conditional use permit hinge on the number of services? Commissioner Spurrier noted the 4th Avenue area problem where a semi truck parking lot is serviced by a gravel road. He would like to have protection in place with this conditional use permit before further damage could occur to the Boiling Springs Lane service. Commissioner Lynch felt all driveways should be paved. Commissioner Christensen suggested division of the motion. Commissioner Spurrier withdrew the motion which included item 6, requiring an area to be paved. Commissioner Allen seconded the motion to withdraw the motion including item 6 . //4-- Minutes of the Page - 7 Shakopee Planning Commission September 6, 1990 MOTION: Commissioner Spurrier moved that the Commission add an amendment to Conditional Use Permit Resolution #597 to require that access to the parking be paved. Allen seconded the motion and it passed three to two with Joos and Christensen voting against the amendment. The motion in its final form passed as originally stated with the addition of conditions 5 and 6. Joos and Christensen opposed it because of the required paving of the driveway. VI. PUBLIC HEARING: PRELIMINARY PLAT VALLEY PARK 10TH ADDITION Chairperson Kahleck opened the public hearing. The City Planner presented highlights from the staff report for Valley Park 10th Addition. He noted that the preliminary plat covered 95. 6 acres and is zoned I-2 , Heavy Industrial. The proposed plat will reorganize the land area near the existing developments (Toro site and the railroad spur) and allow for new lots to be created on the vacant land on the south side of the proposed plat. Difficulties were encountered due to the railroad spur running through the proposed subdivision and multiple land ownerships. The block length created by the proposed street layout will accommodate future industrial development. Drainage and utility easements are provided for each lot except those bordering the railroad lines. Ekola continued to say that the topography of the proposed subdivision is generally flat. There are some existing stands of trees scattered throughout the area and staff has encouraged preservation of these where practical. A tree preservation plan will be needed to be used as a guide for future developments. All departments reviewing this plat have recommended approval. He then noted the comments of each department (which was outlined in the packet. ) Staff recommended approval of the preliminary plat based on the following recommendations: 1. A tree preservation plan for the area covered by the plat shall be reviewed and approved by the City Planner. (This shall be used as a guide for protection of existing trees. 2 . Streets and street signs to be constructed according to the requirements of the City of Shakopee. 41 6 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director v""/�� & SUBJECT: Killarney Hills, Project No. 1989-7 DATE: October 1, 1990 INTRODUCTION: Attached is Resolution No. 3292 , A Resolution Adopting the Special Assessments for the Killarney Hills Project. BACKGROUND: The Killarney Hills Project is essentially completed. A public hearing has been scheduled for October 9 , 1990 in order to consider Resolution No. 3292 , which levies the special assessments on this project. In order to include any assessments on the 1991 tax rolls, the assessments must be certified to the County by October 10, 1990 . The total construction costs for this project are $103 , 134 . 94 . The total engineering and administrative costs for this project are $33 , 344 . 85 . The total project costs are therefore $136, 479 . 69 . The feasibility report had estimated the total project costs to be approximately $172 , 000 . 00 and the total assessed amount to be approximately $125, 000. 00. At the public hearing ordering the improvements, the City Council adopted the special assessments strategies that would be utilized on this project. Those strategies consisted of the following: 1. For that portion of Tyrone Drive that had existing pavement, the new street would be assessed 50% to the abutting properties. 2 . For that portion of the plat where there was no existing pavement (Sharon Parkway) the new street would be 100% assessed. Utilizing the above assessment policies, the total amount that will be assessed this project is approximately $99 , 243 . 75. Staff will give a presentation on the assessment calculations at the public hearing. At the conclusion of the public hearing, attached is Resolution No. 3292 which adopts the assessments on this project for City Council consideration. An assessment role is attached to the Resolution outlining the assessments for each property on this project. 1 ALTERNATIVES: 1. Adopt Resolution No. 3292 . 2 . Deny Resolution No. 3292 . RECOMMENDATION: Staff recommends Alternative No. 1, to adopt the assessments on this project. ACTION REQUESTED: Offer Resolution No. 3292 , A Resolution Adopting the Assessments for the Killarney Hills Project No. 1989-7 and move its adoption. DH/pmp MEM3297 /11 ASSESSMENT CALCULATIONS Total Construction Costs = $103 , 134 . 84 Total Engr./Admin. Costs = $ 33 , 344 . 85 Total Project Costs = $136, 479 . 69 100% Assessed Portion Assessed Front Footage = 1, 587 Feet Total Project Front Footage = 3 , 493 Feet Total Assessment = 1, 587 ' x $136, 479 . 69 = $62 , 007 . 81 3 , 493 ' Cost Per Front Foot = $62 , 007 . 81 = $39 . 07 Per Front Foot 1, 587 ' 50% Assessed Portion Assessed Front Footage = 1, 906 Feet Total Project Front Footage = 3 , 493 Feet Total Assessment = 1 , 906 ' x $136, 479 . 69 = $74 , 471. 88 3 , 493 ' 50% Assessed = 0. 50 x $74 , 471. 88 = $37 , 235.94 Cost Per Front Foot = $37 , 235. 94 = $19. 54 Per Front Foot 1, 906 ' )1 i RESOLUTION NO. 3292 A Resolution Adopting Assessments 1989-7 Public Improvement Program Killarney Hills Project WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: Killarney Hills (Sharon Parkway and Tyrone Drive) by Pavement, Curb and Gutter and Storm Drainage Facilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2 . Such assessments shall be payable in equal annual install- ments extending over a period of ten (10) years, the first installment to be payable on or before the first Monday in January, 1991, and shall bear interest at the rate of 8 . 5 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 1991, and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3 . The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; he may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and he may pay the remaining principal balance of the assessment to the City Treasurer. )/ 4 . The Clerk shall file the assessment rolls pertaining to this assessment in his office and shall certify annually to the County Auditor on or before October 10th of each year the total amount of installments and interest which are to become due in the following year on the assessment on each parcel of land included in the assessment roll . Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 19 City Attorney /4 . 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N Q cn 0 0 W c, = Z -a, — Wr-i — ONZ Z � CJ CD ,--I (I > tOCZ Crl4 I O O O 0 I I I I N f'1 Q' In 0 N N N N 0 O O 0 H S S S N C' C C.. O O 0 O 1 I I I S S S S N N N N *f /a2014 MEMO TO: Dennis R. Kraft, City Administrator FROM: LeRoy Houser, Building Official RE: Cole Van Horn Appeal DATE: October 2, 1990 Introduction Mr. Cole Van Horn, 303 East First Avenue, has appealed the decision of the Building Code Board of Adjustment and Appeals to the City Council. Unfortunately I cannot be present at the Council meeting to articulate the issue. However, attached is a copy of my memo to the the Building Code Board of Adjustment and Appeals and a copy of the minutes from that meeting. Background On July 24, 1990 a stop work order was issued to Cole Van Horn for constructing an addition to his dwelling located at 303 East First Avenue. This construction was undertaken without benefit of a building permit. On September 9, 1988 Mr. Van Horn received a permit to "remodel kitchen and bath" . Mr. Van Horn contends that the September 9, 1988 permit he received provided for the construction of the addition. Council should take the following pertinent facts into consideration when reviewing this issue: 1. The permit application that Mr. Van Horn filed was for interior bathroom and kitchen remodeling and not for an addition to his dwelling (please note the box checked by him on his application) . Building additions require the submittal of a site plan in conjunction with the building permit. No such plan was submitted in this case and no indication was made on the permit application that a building addition was being proposed. 2 . The structure in question is located in the B-1 (Highway Business) district. The structure is classified as a lawful non-conforming use. The City Code specifies that lawful non- conforming uses can not be enlarged. 3 . The addition is located within the officially mapped and designated mini by-pass corridor. City Council took action on November 1, 1988 to officially map the mini by-pass corridor. This action provides for a prohibition on the issuance of building permits within the officially mapped corridor. Our City Attorney contends that the official mapping process followed by the City Council in 1988 is legal and permissable. 4 . The addition was built on existing garage footings and the City received no telephone call for verification of footing depth. 1 y61. - Cole Van Horn Appeal Page Two October 2 , 1990 5 . Because of radon levels in this area, dirt floored crawl spaces are not permitted in this area. The building addition has a dirt floored crawl space. 6. The addition is in violation of the side yard setback requirements. 7 . There is improper foundation floor framing and no truss certification which is in violation of the requirements of the State Building Code and will not pass inspection. Mr. Van Horn appealed my decision to the Building Code Board of Adjustment and Appeals. The Board met on September 5, 1990 and reviewed Mr. Van Horn' s appeal . The Board subsequently moved to uphold the Building Official ' s recommendation that the addition including the area that was once garage (at 303 East First Avenue) be razed. Mr. Van Horn is now appealing the Building Code Board of Adjustment and Appeals decision to City Council . Staff does not believe that it would be adviseable to suggest that Mr. Van Horn proceed in submitting a building permit application for the building addition for the following reasons: 1. The building is a lawful non-conforming use. Section 11. 03 subdivision 2I states that "alterations may be made to a building containing lawful non conforming residential units when they improve the liveability thereof provided they will not increase the number of dwelling units or bulk of the building" . 2 . The proposed building addition does not meet the side yard setbacks. The City Planner has stated that he would recommend denial of a variance because the variance conditions are not met. 3 . The appeal process set forth in Ordinance No. 251 (see Exhibit No. 1) for building permits within an officially mapped area does not provide remedy in this case since in the opinion of staff inadequate evidence exists to justify permit approval . Staff Recommendation That the decision of the Building Code Board of Adjustment and Appeals be affirmed and that Mr. Van Horn' s appeal be denied. dLe APPLICATION FOR BUILDING PERMIT 1 1 SHAKOPEE, MINNESOTA 55379 • 612-446-3650 B.P. No. 7_____4-; APPLICANT TO COMPLETE NUMREREO SPACES ONLY I PROJECT A DORS SS _..767 3 E. /. a . /// 2 OWNER OPLAND / OL� 11-'lcT a,✓ /114)Af NAME ` 2 !!\ ADDRESS 3 DESCRIPTION OF LAND IT LOT. •LOCK •DDITION PARCEL NO �r, Ea,1 ,/1 / METES AND SOUNDS PLAT /1/44/40 /...),S // 4 APPLICANT CO LE /1j 4/ �/O � C/J, NAME/ ADDRESS •... .•. .• . 5 CONTRACTOR „- . • ICANT �'+ ADDRESS E CLASS OF WORK - p ❑•ADDITION DIE-ALTERATION 0-REPAIR G•MOVE 0-RAZING O•HOUSE O•SIGN . ❑-PATIO 0-PORCH 0-STORAGE BLDG 0-TANK ❑•DRIVEWAY❑•FENCE ❑•GARAGE ' 7. USE OF STRUCTURE K/l ,! .. - S. DESCRIPTION OF PROJECT ,`)TC/vcN �' SAT 4 �£41 opt L 9. SLOG WIDTH BLDG LENGTH p SLOG HEIGHT 10. ESTIMATED COST OR VALUE: S S QD O - r . • - SPACE BELOW FOR OFFICIAL USE ONLY . •- TYPE OP CONST TOTAL SO PEET I FIR( IONE .NO DWELIiNG uN,TS1 OCCUPANCY GROUP NO OR STORIES USE ZONE D'VIS,ON MAX OCC LOAD I FIRE SPRINKLERS OFFSTREET PARKING SPACES .. IREO D OYES D NO COVEREO UNCOVERED : LIMITING CONDITIONS 1 APPLICATION APPROVALS Ordinance No. 115 -Easement 1 Restrictions - attached I L_E 4V _->-- �- /Q9J � -e CITY-ZONINGAOMINISTRA7 OR 04TE COMMENTS . CITY ENGINEER DATE Q ..A.liee04r,‘ F-9-eic a.r+ , c....., ..". r !� CITY BUILDING OFFICIAL DATE ,C - S ✓�6.4,, • APPLICATION FEES • - - NOTES PERMIT f GL I. SEPARATE PERMITS ARE REQUIRED FOR C.O.CHARGE S ELECTRICAL. PLUMBING. MECHANICAL. SEPTIC TANK,SIGNS.AND WELL INSTALLATIONS. PLAN CHECK S .- - 2.THIS PERMIT BECOMES NULL AND VOID IF WORK GRADE AND SURVEY CHECK S OR CONSTRUCTION AUTHORIZED IS NOT COM- PARK AND LAND S MENCED WITHIN 120 DAYS.OR IF CONSTRUCTION IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 FIRE NUMBER S DAYS AT ANY TIME AFTER WORK IS COMMENCED. WATER CONNECTION S .3. A COLORED PHOTOGRAPH MUST ACCOMPANY SEWER CONNECTION S ALL RELOCATION PERMIT APPLICATIONS. WELL AND SEWAGE DISPOSAL SYSTEM S 4 TWO SETS OF PLANS AND SPECIFICATIONS MUST - ACCOMPANY EACH PERMIT APPLICATION FOR THE INVESTIGATION FEES S FOLLOWING. STATE SURCHARGE S •��j A.COMMERCIAL PROJECTS i1&1a TOTAL $ .1�n ■ INDUSTRIAL PROJECTS T f iz/id__C.RESIDENTIAL DW(OVEf Xa . • . • • (OVER1 SIGNATURE OF APPLICANT . •'fI- Z,I/ 9-7-S? PHONE NUMBER DATE WHITE-INSPECTOR YELLOW•FILE PINK•APPLICANT I /' ate BUILDING CODE BOARD OF ADJUSTMENT AND APPEALS SPECIAL SESSION SHAKOPEE, MINNESOTA SEPTEMBER 5, 1990 LeRoy Houser, Building Official, called the meeting to order at 6: 00 p.m. with Board Members Jim Link, Randy Laurent, Gene Juergens and Bob Turek in attendance. Laurent/Turek moved to appoint Gene Juergens as Board Chairman. Motion carried unanimously. Board Member Dale Dahlke arrived at 6: 02 p.m. Board members were provided a copy of the Functions and Duties of the Board of Appeals. Pursuant to Section 204 of the Uniform Building Code and as amended by Section 1305 . 0500 of the State Building Code, in order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretation of the building codes there shall be and is hereby created a Board of Appeals consisting of member who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of this jurisdiction. The Building Official shall be an ex officio member of and shall act as Secretary to said Board. The Board of Appeals shall be appointed by the governing body and shall hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business. The Board shall adopt rules of procedure for conducting its business. The board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant and to the State Building Inspector within 15 days of such decisions. The above indicates the primary function of the Board is to: • 1. Determine the suitability of alternate materials. 2 . Determine the suitability of alternate methods of construction. 3 . Not to reduce the level of public or occupant safety below what is prescribed by code, however, the same level of safety may be obtained with alternate methods and materials in the Boards opinion. That is the primary function of the Board of Appeals. The Board ' s primary duty is to: 1. Meet on call to resolve building code issues. 2 . Provide the Building Official with a written determination relating to appeals of building code issues. Discussion ensued on Cole VanHorn' s appeal of the Building Official ' s determination that he did not have a building permit for a kitchen and bath addition. L � Building Code Board of Adjustment and Appeal September 5, 1990 Page Two Mr. VanHorn stated that he took out a building permit with the intention of working on his kitchen and bath and that when he called for an inspection he was told his permit was not valid. The Building Official stated that Mr. VanHorn does not have a valid permit for adding on to his dwelling. The permit he was issued was for remodeling his kitchen and bath (permit No. 7956, September 9 , 1988) . Mr. Houser stated that (1) the permit application completed by Mr. VanHorn was checked as an alteration, not an addition, (2) no plans and specs were submitted with the permit application which are required for additions, (3) the work had not commenced within 120 days of obtaining the permit which renders the permit null and void, (4) no footing inspection was requested, (5) the City does not issue permits within the adopted mini by-pass corridor. Mr. VanHorn showed the Board a diagram of his existing home and the work he has been doing. Mr. Juergens stated that the permit was taken out in 1988 and that a reasonable amount of work must be completed every 120 days. Mr. VanHorn commented that he had been working on it every 120 days. Mr. Houser stated that the City Planner would not have signed off on the permit had he known the intent was to expand the use in a Bi Zone and that the structure would not meet setback requirements. Mr. Turek questioned if any plumbing or electrical permits had been taken out for this project. Mr. VanHorn stated that no plumbing or electrical work has been done yet. Mr. Turek questioned if any inspections had been called for between September 9, 1988 and July 24 , 1990 . Mr. VanHorn responed no. Mr. VanHorn stated that he thought he had a valid permit for the work he was doing. Mr. Juergens stated that when applying for a permit you must explain to the Building Department and City Planner what you are planning to do. If you are planning to alter your structure you must state that on your permit application. One permit does not justify other areas of the building. Mr. VanHorn stated that he took out the building permit in good faith and called for an inspection in good faith and that' s where he stands. Building Code Board of Adjustment and Appeals September 5, 1990 Page Three Turek/Dahlke moved to uphold the Building Official 's recommendation that the addition including the area that was once garage (at 303 East 1st Avenue) be razed. Motion carried unanimously. Mr. Houser inform Mr. VanHorn that he had 10 days in which to appeal the decision to the City Council. Laurent/Link moved to adjourn. Motion carried unanimously. Meeting adjourned at 6: 37 p.m. LeRoy Houser Building Official Jeanette Shaner Recording Secretary za' Memo To : Building Codes Board of Appeals From: LeRoy F. Houser/Building Official Subject: Cole VanHorn/Building Addition Property Address: 303 East 1st Avenue Date: August 30, 1990 INTRODUCTION My inspection of this property located at the above captioned address on 7/24/90 revealed that a building addition to this dwelling has taken place without benefit of a building permit. Also, you should be advised it is being constructed within the adopted mini-by-pass corridor which is contrary to Council policy. In effect, Council policy is that a moratorium on permits exits within this define corridor. A search of administrative procedures and code requirements left me with no alternative except to order Mr. VanHorn to raze this structure within ten days (August 5th, 1990) . Mr. VanHorn has chosen to appeal this order to this duly appointed board of appeals. Listed below are the items that will be addressed relating to what precipitated the stop work order: HISTORICAL DATA On 9/9/88 affiant obtained building permit # 7956 to remodel an existing kitchen and bathroom. A copy of the permit application is attached. You will note that the affiant specifically checked the box for alteration and not addition. This is considered to be prima facie evidence that it was in fact an interior alteration and not a building expansion as has resulted. You will also note that the lower left section of the permit application requires that this permit be voided if work is not started within 120 days of securing the permit. Consequently, since no required inspections were called for, the permit is considered to be null and void. You will also note that the lower left section of the permit which the affiant signed required to submit two sets of plans for any residential construction/expansion which was not done. This further adds support to our contention that this was to be an interior remodeling project only and not an expansion as they have undertaken. L,a. ' Van Horn Page Two On 7/24/90 we received a call for inspection from Mrs. VanHorn. Our visit to the site revealed that they razed the attached garage and built an addition to the dwelling which even exceeded the existing foot print of the former garage which encroached on the required setbacks in this zoning district. This, all being done without benefit of permit, plan check, zoning approval or Building Inspections approval. FACTUAL DATA A cursory inspection of the framing indicates a number of code violations. They are as follows: 1. Failure to obtain building permit. 2 . Failure to submit plans. 3 . Failure to provide verification of frost footing depth of existing garage footing which you utilized for constructing this building on. 4 . Failure to provide engineering data for hand cut rafters substantiating this roof system will support the required 40# snow load plus dead load of the members and roofing. 5. Failure to install required frost footings under a portion of the building, post and beam not approved without engineered design. 6. Improper floor framing. Floor joist offsets on knee wall exceeds maximum offsets permitted by code for single plate application. 7 . Improper floor construction. Ribbon joist is required to be anchored to rim joist with lag bolts every six feet. 8 . Constructing a building addition within the proposed mini by- pass corridor. No permits nor construction enlargement can take place within the adopted corridor area. The above items noted were revealed through a very cursory inspection of this structure. Consequently, the number of items listed should not be construed to imply that the code violations are limited to the aforementioned items. I do not feel I am obligated to conduct a full inspection on a project for which no permit has been obtained and no fee has been paid. RECOMMENDATION Staff recommends this building addition be razed. ffeld;%/S-.25-38" / y a."' EXHIBIT NO. 1 ORDINANCE NO. 251 Fourth Series An Ordinance Relating to Official Maps and Their Effect and Providing Procedures in Connection Therewith THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION I: Purpose Land that is needed for future street purposes and as sites for other necessary public facilities and services is frequently diverted to non-public uses which could have been located on other lands without hardship or inconvenience to the owners. When this happens, public uses of land may be denied or may be obtained only at prohibitive cost or at the expense of dislocating the owners and occupants of the land. Identification on an official map of land needed for future ?ublic uses permits both the public and private property owners to adjust their building plans equitably and conveniently before investments are made which will make such adjustments difficult to accomplish. It is the purpose of this ordinance to provide a uniform procedure for the proper use of official maps as authorized by the Minnesota Municipal Planning Act. Minnesota Statutes, Sections 462.351 to 462.36. SECTION II: Official Map defined "Official Map" as used in this Ordinance means a map adopted in accordance with this ordinance showing existing streets, proposed future streets and the area needed for widening of existing streets of the city. An official map may also show the location of existing future land and facilities within the City. An official map may cover the entire city or any portion of the city. SECTION III: Initiation of Proceedings Proceedings for adoption, amendment, or repeal of an official map or any part thereof may be initiated by (1) a recommendation of the planning commission; or (2) action by the city council on its own initiative, recommendation or an advisory commis- sion, request of an outside governmental body, or petition of the owners of 35% 1ya' or more parcels of affected property. SECTION IV: Sketch maps and reports Every proposal or request for an official map or its amendment or repeal, however initiated, shall be accompanied by a sketch map or plat showing the lands proposed to be included and the public purpose to be served. The council shah request a report of the city engineer as to the feasibility of any construction involved. SECTION V: Reference to planning commission Except when proceedings have been initiated by recommendation of the planning commission, every proposed official map or change in a map shall be referred to the planning commission for advice and recommendation thereon, and such recommendation shall be submitted to the city council within 60 days after reference to the planning commission along with the report of the commission on the effect of the proposal on the comprehen- sive plan of the city. If no recommendation is received by the council from the planning commission within 60 days after reference of theproposal to the commission by the council, the council may take such action as it may deem proper upon the proposal without further action by the planning commission. SECTION VI: Notice and hearing Subdivision 1. Notice. Upon receiving the recommendation of the planning commission or after 60 days from the submission of the proposal to the planning commission without a recommendation from the commission, the council may call a public hearing on the proposal. A notice of the time, place, and purpose of the hearing and description or property to be included in the mapped streets and public grounds shall be published in the official newspaper at least 10 days prior to the date of the hearing. At least ten days prior to the hearing the clerk shall also mail a copy of the notice to each owner of land situated within or abutting any street or other public ground shown on the official map. For purposes of this notice the owners shall be determined by the records of the county auditor and the notice shall be addressed to the last known address as shown by the auditor's records. Failure to serve any such notice shall not invalidate the proceedings. Sudivision 2: Hearing At the time and place specified in the notice, the council shall hear evidence and arguments concerning the proposal. The hearing may be continued from time to time not exceeding 60 days without further notice. A final vote on the proposal shall be taken by the council within such 60 day period. SECTION VII: Preparation and filing of maps. The official map or maps shall be prepared in sufficient detail to permit the establishment of future acquisition lines on the ground, In unplatted areas a minimum of a centerline survey shall be made prior to the preparation of the final draft of the official map. The accuracy of the future acquisition lines shown on the official map shall be attested to by a registered land surveyor. After enactment of any ordinance adopting an official map or amending or repealing a previous official map ordinance, a certified copy of the official map or section to which the ordinance relates together with an attached copy of the ordinance shall be filed with the county recorder. SECTION VIII: Effect After an official map has been adopted and filed, the issuance of building permits by the city shall be subject to the provisions of this ordinance. The Building Official shall deny every application for a permit to construct a new building or structure or expand or remodel an existing building or structure within any area designated on the official map for street or other public purposes. Whenever any street or highway is widened or improved or any new street is opened, or any interest in lands for other public purposes is acquired by the city, the city is not required in such proceedings to pay for any building or structure placed without a permit or in violation of conditions of a permit within the limits of the mapped street or outside of any building line that may have been established upon the existing street or within any area thus identified for public purposes. The adoption of an official map does not give the city any right, - 3 - 1y �i title or interest in areas identified for public purposes thereon, but the adoption of the map does authorize the city to acquire such interest without paying compensation for buildings or structures erected in such areas without a permit or in violation of the conditions of a permit. SECTION IX: Appeals Subdivision 1: The Shakopee City Council shalldesignate a Board of Appeals and Adjustments for the purposes herein provided and the board shall consist of seven members for such term of office as the council may decide and shall be appointed from time to time by resolution. Subdivision 2: Whenever a building permit is denied pursuant to this ordinance, the board of appeals and adjustments may, upon appeal filed with it by the owner of the land, and after receiving the advice and recommendations of the planning commission, grant a permit for building in an area designated on the official map for a street or other public purpose in any case in which the board finds, upon the evidence and the arguments presented to it, (a) that the entire property of the appellant of which the area designated for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit is granted, and (b) that balancing the interest of the city in preserving the integrity of the official map and of the comphresensive city plan and the interest of the property owner in the use of his property and in the benefits of ownership, the grant of such permit is required by considerations of justice and equity. Failure of the planning commission to report on the proposal within 60 days after referral of the matter to it is deemed to be the recommendations and advice of the planning commission. The board of appeals and adjustments shall hold a public hearing upon the appeal after notice of the hearing has been published in the official newspaper once at least ten days before the hearing. If the board authorizes issuance of a permit, it shall specify the exact location, ground area, height, and other details as to the extent and character of the building for which the permit is granted. If the board authorizes issuance of a permit, the council or other board - 4 - 1za.. or commission having jurisdiction shall have six months from the date of the decision of the board to institute proceedings to acquire such land or interest therein, and if no such proceedings are started within that time, the Building Official shall issue the permit if the application otherwise conforms to local ordinances. SECTION X: Penalty Any person violating any provision of this ordinance is guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $700 or im- prisonment for a term not to exceed 90 days or both, plus, in either case, the costs of prosecution. Each day that a violation is permitted to exist constitutes a separate offense. SECTION XI: When in force and effect This ordinance shall be in force and effect from and after the date it is published in the official newspaper. Adopted by the Shakopee City Council inett_ a . session this /6 day of C14110j , 1988. i A.— Mayor of the City of Shakopee ATTEST: '(:: v` v 4 `, City Clerk l. it Preparb nd approved as to form this 27th day of July, 1988. CP.41(372(7 City A rney r!/ 1'z MEMORANDUM TO: Dennis Kraft, City Administrator FROM: Karen Marty, City Attorney DATE: October 5, 1990 RE: Length of time mapping is valid The question arose at the last Council meting regarding the length of time official mapping is valid. In particular, the question arose as to whether the mapping of the mini by-pass had expired so that a building could be constructed in the mapped right-of-way without regard to the mapping. Under state law, there is no expiration date for official maps. Minnesota Statutes Section 462 .359 authorizes localities to map land that is needed for future street purposes. That map does not expire. The only time limitation in the statute relates to the situation where the board of appeals and adjustments issues a building permit in this area. In that situation, then the city would have six months to institute proceedings to acquire the land or face paying for the increased value of the property at the time of acquisition. The map still would not expire. If you have any further questions about this, please let me know. Signed ��— -- O,( lx K ren Marty/ City Attorney ;' cc: Lindberg Ekola MEMORANDUM 1 44 4 TO: THE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: October 4 , 1990 RE: APPEAL PROCEDURES On Tuesday night you will have before you an appeal from an adverse decision of the Board of Appeals and Adjustments. The Board' s decision was made under City Code Section 2 . 90, Subd. 9 . , Appeals. That section authorizes the Board to hear a request for a building permit in an officially mapped area. In this particular case, the Board denied the building permit and the applicant is appealing. Under City Code Section 2 . 07 , the decision of a board may be appealed to the City Council. A copy of that section is attached. City Code Section 2 . 08 authorizes the City Council to adopt rules of procedure for appeals, but apparently this has not been done. In light of this situation, City Council should follow general principles of fairness and due process, and consider adopting formal rules in the near future. (No rules may be adopted prior to Tuesday' s council meeting, since Sec. 2 . 08 provides that any rules adopted will be effective 30 days after adoption. ) Due process generally requires that an appellant be given an opportunity to be heard before a fair and impartial body. The City Council is acting essentially in the role of judges here, and must be fully open-minded and fair. In addition, the City Council , as a quasi-judicial body, must act to uphold the law. Whatever its decision, Council must be able to give reasons based in law to support it. A standard approach to the hearing would consist of the appellant being sworn in, and then telling what he wanted to about the matter. The opposition (City staff) has the right of cross- examination. The appellant' s witnesses, if any, also should be sworn, and after testifying, may be cross-examined. Any documents or pictures which the appellant gives to the Council should be marked as "exhibits" and clearly identified. After the appellant is done, the City staff presents its side. Again, this is done under oath with the appellant having the right to cross-examine. At any time, the Council may interrupt with questions. All of this should be recorded. Either side has the right to be represented by legal counsel. After the hearing, the City Council must rule on whether or not to grant the building permit. If you have questions regarding this information, please let me know. Signed / /-/l7 Karen Marty, City A torney MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Valley Industrial Boulevard North - Utility Poles DATE: September 21, 1990 INTRODUCTION: The Auto Auction is currently under construction on approximately 60 acres south and adjacent to Valley Industrial Blvd. North. The site will have to be served with electrical service. Since the area in question is the primary entrance to the Industrial Park, the Community Development Commission is requesting City Council to reconsider their position allowing overhead utility lines along Valley Industrial Blvd. No. BACKGROUND: Shown in attachment #1 is a map indicating the location of the Auto Auction in relation to Valley Industrial Blvd. North. The layout also indicates the currently proposed plan to provide overhead utility service to the Auto Auction site. Several months ago, when the final plat for Canterbury Park 1st Addition was presented to City Council, this issue was addressed. Generally, it is the policy of the City of Shakopee that utility services in new plats be provided with underground service. Since the railroad in this area had telegraph lines running parallel to it, Shakopee Public Utilities requested City Council to consider deviating from their policy and approve the use of overhead lines to service the Auto Auction. City Council subsequently agreed to the request made by Shakopee Public Utilities. The Community Development Commission recently discovered that the railroad has removed their telegraph lines. Therefore, the Community Development Commission would like City Council to reconsider their earlier action allowing for the use of overhead lines to service the Auto Auction site. The Commission believes that the use of overhead lines in this area detracts from the aesthetic appearance of the park. The Commission also questions the cost difference between overhead and underground lines in this area since it may be possible to provide service to the Auto Auction site via the underground utility line that will be installed on Citation Drive. The Committee feels that if the cost difference between the overhead lines currently proposed and the underground alternative are close, underground lines should be required. If the undergrounding of the utility lines could be accomplished, approximately 7/8 of Valley Industrial Blvd. would be serviced with underground lines. This would serve to enhance the aesthetic quality of the Canterbury Business Park. If the City council concurs with the Community Development Commission on this issue, it would be appropriate at this time to reconsider their earlier action and inform S . P.U. C. of the City' s decision. The S.P.U.C. superintendent has been informed of the meeting tonight and the Community Development Commission' s position in regard to the issue at hand. ALTERNATIVES: 1. Move to reconsider allowing Shakopee Public Utilities to provide overhead utility service to the Auto Auction site. 2 . Do not allow overhead utility lines along Valley Industrial Blvd. No. 3 . Maintain the status quo. 4 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1 and #2 . ACTION REQUESTED: 1. Move to reconsider City Council ' s earlier action granting Shakopee Public Utilities permission to provide overhead utility service to the Auto Auction site. 2 . Move to inform S.P.U.C. that the city desires underground utility service along Valley Industrial Blvd. No. I & •-; . . n II :.: /ze •6- --4, . z . . . . . . c . . . . . c, 1:2i 1 1 ../ I I 2 2 m n e I 2 5 i 1 _ 2 4 44441111111144 * 1 11 .. /1. z•-• . . 1 ,./ • 3 - I . , 0 . / 1 1 I‘\ I , C.R 83 I 1 ...___, 1 ti\\ A la El 1.1 mi siurorm ail i SO i CANTERBURY 80A0 I1 — - • - - ,... * ) I I . /it -7 -- i I I i I / i 4 ) I . • ; I ..: 0 / 1 1 I i (--4\ INDUSTRIAL CIR * I /,1 i 7 * I I SOuTH • ... ' 1 I 1 , I 1 I i 2. ourtor A 1 I I 1111 o ..I1MIM 1 / i Y I i # 32 I I % ....---_____„.....„......_...,I. / ; 1 < nt S 1 I < I 0 I I.... 1 1 It i i 416• v [ ... i 41% 0 ,_ , ,„ , 1 8 . 111111111 p , .c • i Imill :i / g ! l /,/ I i , 0 i I . r Sy 3,7 1 / I o 1 0 , I C , - h lb I C I 1 D2 0 : I in > I . 1 ; ,„„) C - en - / ,.., . _ .., _ , . > , • c,rAr,,,,,,_ , . = x ..... I & -• = I ••• // k / VALLEY PARK DRIVE - '4:11 I I i ON I . n ; 0 1 ; ; .. i 1 / tb Aft o D ; . . .,..,, , . . ; 1. li 1 li „. 1, .. 1 • I . 1 1 1,1 ( _ ,.. : 2 _ -, , o -. I i I i ! I . 1 • 1 i v i : . ! • _. . ! . UUI\IU NT 12. c. MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Telephone Book Recycling - Resolution No. 3291 DATE: September 21, 1990 INTRODUCTION: In the metropolitan area, U. S. West annually distributes over 3 , 000, 000 telephone books. At the present time, telephone books cannot be recycled and must be disposed of in area landfills and/or refuse facilities. With the continued shortage of landfill space, it is important that every effort be made to reduce the amount of waste generated and deposited in area landfills. Therefore, the Energy and Transportation Committee is recommending approval of Resolution No. 3291, A resolution requesting the State of Minnesota to require U.S . West Direct Telecommunications Company to collect used telephone books that they distribute in the State of Minnesota for delivery/sale to markets for recycling. BACKGROUND: Several communities (i.e. Anoka, Columbia Heights, Golden Valley) in the metropolitan area have passed or are considering passing resolutions requesting the State of Minnesota to require U. S. West to collect the used telephone books that they distributed in the State of Minnesota for delivery and sale to markets for recycling. This would be a step in the right direction, making those responsible for generating waste also responsible for disposing of it in a safe and environmentally conscious manner. The average weight of a copy of the Minneapolis White Pages is approximately four pounds. If we multiply this times the 3 , 000, 000 telephone books distributed in the metropolitan area, it would equate to 6, 000 tons (20, 000 cubic yards) of material that could be diverted from area landfills. Staff would like the Energy and Transportation Committee to consider recommending to City Council approval of the attached resolution requesting the State of Minnesota to begin negotiations with U. S. West to discuss their interest in voluntarily collecting telephone books that they distribute in the State of Minnesota. If the City Council concurs with the Energy and Transportation Committee and feels that the proper disposal of telephone books should be the responsibility of the generator, it would be appropriate to offer and approve the attached resolution. ALTERNATIVES: 1. Offer Resolution No 3291, a resolution requesting the State of Minnesota to require U. S. West to collect the used telephone books that they distribute in the State of Minnesota for delivery/sale to markets for recycling and move its adoption. ( L 2 . Do not approve the attached resolution. 3 . Amend the resolution and move its approval. 4 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Offer Resolution No. 3291,a resolution requesting the State of Minnesota to require U. S. West to collect the used telephone books that they distribute in the State of Minnesota for delivery/sale to markets for recycling and move its adoption. L RESOLUTION NO. A RESOLUTION REQUESTING THE STATE OF MINNESOTA TO REQUIRE U.S. WEST DIRECT TELECOMMUNICATIONS COMPANY TO COLLECT USED TELEPHONE BOOKS THAT THEY DISTRIBUTE IN THE STATE OF MINNESOTA FOR DELIVERY/SALE TO MARKETS FOR RECYCLING. WHEREAS, the City of Shakopee in 1989 implemented a comprehensive residential recycling program, including curbside collection of refuse, yard waste and recyclables; and WHEREAS, the Waste Management Act of 1980, as amended in 1984 , has prohibited unprocessed waste from landfills as of January 1, 1990 ; and WHEREAS, the County of Scott under S.C.O.R.E. will continue to require the City of Shakopee to abate and reduce the amount of refuse disposed of in the area landfills; and WHEREAS, the City of Shakopee has taken responsibility for the waste generated by it' s residents and employees of the City of Shakopee; and WHEREAS, the City of Shakopee asserts that telephone books are not generated by it' s residents but by U. S. West Direct; and WHEREAS, U. S. West annually distributes roughly 3 , 000, 000 telephone books in the seven county metropolitan area; and WHEREAS, U. S. West Direct distributes these telephone books to customers as a service related to the provision of telephone service; and WHEREAS, telephone books are a direct material outcome of the business of providing telephone serve, it is the responsibility of U. S . West Direct to collect used telephone books and to seek and develop recycling markets for used telephone books; and WHEREAS, individual municipalities in the metropolitan area are clearly responding to their abatement responsibilities, the municipal collection of telephone books places an undue burden and misplaced responsibility on municipal programs. NOW, THEREFORE, BE IT RESOLVED that the City of Shakopee request that the State of Minnesota begin negotiations with U. S . West Direct to voluntarily collect telephone books that they distribute in the state of Minnesota. rIP" C.` BE IT FURTHER RESOLVED, that the City of Shakopee request that if U. S. West fails to implement a voluntary collection program that the State of Minnesota approve legislation requiring U. S . West to collect all telephone books that they distribute in the state and develop recycling markets for said materials. . Passed and adopted in the session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1990. City Attorney CONSENT 121J MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Vanpool Policy No. 22 Amendment - Licensing Requirements DATE: September 24 , 1990 INTRODUCTION: The Energy and Transportation Committee is recommending an amendment to Vanpool Policy #22 which would make the licensing requirements for our vanpool drivers consistent with the State Statute. BACKGROUND: It was recently brought to my attention that the State of Minnesota no longer requires a Class B drivers license certification to operate a van. I have also investigated whether or not the licensing certification of our Vanpool drivers has any impact on our ability to utilize bus lanes. I have contacted the Regional Transit Board and they are presently in the process of formulating a policy statement on this issue. They have also informed me that licensing certification would not have an impact on this issue. Based upon the information at hand, I do not believe it would be appropriate for us to continue requiring a Class B drivers license. Therefore, staff would recommend that Vanpool Policy No. 22 be amended, deleting the requirement of a Class B drivers license and inserting the Class C drivers license certification. Shown in Attachment #1 is a copy of the proposed policy. ALTERNATIVES: 1. Recommend Council approval of Vanpool Policy No. 22 as amended. 2 . Maintain the status quo in regard to Vanpool driver licensing. 3 . Propose some other alternative in regard to Vanpool driver licensing. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: Move to recommend to City Council approval of Vanpool Policy No. 22 as amended. Attachment # 1 Policy #22 Adopted: 1/2/90 Effective: 1/2/90 Amended: Licensing requirements for Van Pool drivers and back-up drivers. All regular Van Pool drivers and back-up drivers participating in the City' s Van Pool Program shall acquire and maintain a Cla. c B Class C driver' s license. Regular Van Pool drivers shall not be charged a fare. Back-up drivers will be entitled to a 25% reduction in the regular Van Pool fare. Each Van Pool group may designate one person to serve as the emergency back-up driver. The emergency back-up driver must have a valid Class C Minnesota driver' s license certification. The emergency back-up driver shall receive a free ride on those days when he/she is operating the Van Pool vehicle in the capacity as an emergency back-up driver. I2P3 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Recycling Credit Alternatives DATE: September 25, 1990 INTRODUCTION: In March of 1989, the City of Shakopee implemented a volume based refuse disposal program. When the program was initially established, Shakopee residents were informed that they would be receiving some type of monetary credit for participating in our recycling program. The Energy and Transportation Committee is recommending that a recycling credit be issued to all residents participating in the City' s refuse program. The recommended credit equates to $13 . 68 (the cost of one month' s service) and would be handled via the SPUC Utility bill. BACKGROUND: When the City of Shakopee negotiated the new refuse contract with our refuse contractor (Waste Management Inc. ) , it was decided that all revenues generated from the sale of recyclables in conjunction with our recycling program would become the property of the City of Shakopee. Additionally, performance enhancement recycling credits (percs) supplied by the County for recyclable materials collected would also become the property of the City of Shakopee. Revenues generated from the collection of recyclable materials and the County perc since the inception of our program equate to approximately $36, 000. There are approximately 2 , 700 refuse customers currently participating in our program. Since we have no method of actually keeping track of who is recycling and who is not recycling, it would be difficult for us to develop a program only reimbursing those who recycle. The Committee recognizes that this seems unfair but firmly believes that over 95% of our residents are participating in the recycling program on at least a once a month basis. To develop a program that would take into account the other 5% would not be cost effective since tracking programs available on the marketplace run in excess of $25, 000 for implementation. If such a program were implemented we would also have to establish clear guidelines to define what constitutes recycling. Following is a list of alternatives that the Energy and Transportation Committee considered in addressing the recycling credit issue. 1. Utility Bill Credit - Under this alternative, a one time credit would simply be placed on the utility bill. The amount of the credit would equate to the cost of one month of service ($13 . 68) . The cost for placing the credit on the utility bill would be virtually non-existent since our billing system is computerized. In addition to the credit, staff would also recommend that a letter also be inserted with the utility bill l � .12--' informing Shakopee residents of the credit and the importance of recycling. 2 . Direct Mail Credit - The possibility of distributing a direct check to each resident in Shakopee presently receiving the City's refuse program is a possibility. However, after investigating the prospect of proceeding with this alternative, it appears to be cost prohibitive in terms of the staff commitment. The Finance Director has informed me that each check would have to be individually addressed to each resident presently receiving the City service. This would entail typing the name and address of each participating household on the check itself. The staff time involved in pursuing this alternative would be prohibitive. Additionally, the City would have to purchase additional envelopes and checks, as well as cover the cost of mailing. 3 . Extra Service Coupon Distribution - Under this alternative, the City of Shakopee could distribute up to six extra service coupons to each household receiving refuse collection service. The coupons could be distributed with the utility bill . This alternative does not do much to encourage waste reduction and, in fact, may be encouraging the disposal of additional waste. Additionally, not all residents in Shakopee are in need of extra refuse service coupons. 4 . Issue No Credit - Under this alternative the City could continue to hold the recycling revenues in reserve until such time that a rate increase is proposed. At that time, the reserve fund could be drawn upon to offset any rate increases. The Energy and Transportation Committee is recommending the issuance of a credit directly on the utility bill with the inclusion of a postcard informing Shakopee residents of the purpose of said credit. In the future, staff would recommend that the method of providing the reimbursements to Shakopee residents for recycling be handled through the actual refuse collection contract. In other words, the revenues could be made the property of the Contractor which would serve to keep the rates lower. ALTERNATIVES: 1. Direct the appropriate City officials to take the necessary steps providing for a one time recycling credit on the Shakopee Utility Bills for Shakopee refuse customers in the amount of $13 . 68 . 2 . Recommend to City Council that the appropriate City officials be directed to take the appropriate steps which would provide each refuse customer in Shakopee with a direct mail recycling check. 3 . Issue four extra service coupons to each refuse customer in Shakopee as the form of recycling credit. / z 4 . Do not issue a recycling credit at this time and use the funds generated from the sale of recyclables to maintain a consistent level of rates for as long as possible. 5. Select some other method of crediting Shakopee residents for their recycling efforts. 6 . Do not issue a recycling credit. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Move to direct the appropriate City officials to take the necessary steps providing for a one time recycling credit for Shakopee refuse customers in the amount of $13 . 68 . 1/02, MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Decorative Street Lighting DATE: October 5, 1990 INTRODUCTION: At their October 4, 1990 meeting, the Planning Commission approved a motion which recommended that the City Council approve the policy on decorative street lighting. Attached is a memo from Lou VanHout, the Utilities Manager, on proposed decorative street lighting improvements for large scale developments. Staff is bringing this request to the City Council for their review and approval. BACKGROUND: Currently the Planning Commission is developing a citywide street lighting policy. This policy is not complete and therefore it cannot be applied in the review of street lighting proposals. The Utility Manager is responsible for the installation of street lighting as defined in the Subdivision Regulations. The Utility Manager requested the opportunity to share information on a general approach for developments which are proposing decorative fixtures. He has identified the various responsibilities for the maintenance and installation of these facilities in the attached draft agreement. DISCUSSION: The attached memo proposes a draft agreement for decorative street lighting fixtures. The cost of the more decorative street lighting, beyond typical lighting requirements of the Utility Manager, rests with the developer and the homeowners association. Decorative street lighting proposals should be limited to those areas that have been platted in a subdivision platting process and have a property owners association. RECOMMENDATIONS: Staff recommends that the City Council approve the decorative street lighting policy concept. A Resolution incorporating the attached policy will be on the council table. ACTION REQUESTED: Offer Resolution No. 3298 , adopting a decorative street lighting policy and move its adoption. / z/4 TO: Dennis Kraft , City Administrator; Lindberg Ekola , City Planner FROM: Lou Van Hout , Utilities Manager RE: Street Lighting: General , and Stonebrooke DATE : 9/11/90 BACKGROUND: As we discussed on August 30 , SPUC is agreeable to entering into agreements with larger scale developments to allow some flexibility in streetlighting, provided the lighting is constructed and operated within certain constraints , and provided that such lighting is not opposed by City Council . The concept we discussed was : where certain decorative fixtures were desired, the agreement under which such lighting would be provided would be incorporated as an exhibit to a development agreement between the City and developer. Since the exhibit would set out the obligations and responsibilities of various parties including SPUC , that particular exhibit to the development agreement would be signed and accepted by both the City and SPUC as well as the developer. The SPUC does not wish to be involved in the review or signing of those parts parts of a development agreement which do not involve us . Attached is a working draft of the terms and conditions for such an exhibit . The terms may need some refinement , however I believe the draft is sufficient to convey the intent . RECOMMENDATION: The Stonebrooke developers have asked for some indication of acceptance by the City and SPUC of their suggested lighting before they proceed with ordering lighting fixtures and standards . The _ terms of the attached draft are acceptable to SPUC . If they are agreeable to the City as well , I would recommend the developer be advised to proceed on the basis of the concepts in the draft . City and SPUC staff can handle the approval of the actual streetlighting layout and equipment for Stonebrooke , and can finalize the agreement language for general application . / L DRAFT OF SPECIAL, STREETLIGHTING AGREEMENT: between- CITY of SHAKOPEE, SPUC, DEVELOPER, and HOMEOWNERS ASSOCIATION DEVELOPER and/or HOMEOWNERS ASSOCIATION agrees to : Furnish and install ( or cause to be installed) : streetlight light fixtures , standards , and miscellaneous hardware as shown on drawing( s ) approved by SPUC . Furnish and install (or cause to be installed) : underground wiring from point of supply to each street light location, including all wiring within pole and fixture, using material and methods as shown on drawing( s ) approved by SPUC . Locate streetlights as shown on drawing( s ) approved by City of Shakopee and SPUC . Maintain an inventory of replacement globes , ballasts , and standards , and furnish same to SPUC personnel for repairs as needed from time to time . Replace the fixtures , standards, and miscellaneous hardware at the end of their normal service life with new equipment approved by SPUC . SPUC agrees to : Provide on behalf of the City of Shakopee , until terminated by SPDC action : Provide energy used by the streetlight system . Provide routine maintenance and lamp replacement , using lamps and photocells which are common to a significant portion of other streetlighting systems maintained by SPDC . Provide routine maintenance to wiring . Install replacement globes , ballasts , and standards furnished by developer or homeowners association . City agrees to : Accept the responsibility of furnishing energy and maintenance to the streetlighting system as City responsibility until terminated by City Council action . /.2: f Resolution No. 3298 A Resolution Adopting a Policy For the City of Shakopee For Decorative Street Lighting WHEREAS, on October 9 , 1990 the City Council discussed the lack of a policy allowing for more decorative street lighting to be constructed in platted subdivisions by a developer and/or a property owners association if so desired; and WHEREAS, the Utilities Manager has identified the need for such a policy and has proposed such a policy for allowing decorative street lighting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. A special street lighting agreement may be adopted with the approval by the City Council for street lighting in approved subdivisions where a property owners association exists . 2 . The following format shall be used as a guide in drafting such agreements: DEVELOPER and/or HOMEOWNERS ASSOCIATION shall agree to: Furnish and install (or cause to be installed) : streetlight light fixtures, standards, and miscellaneous hardware as shown on drawing(s) approved by SPUC. Furnish and install (or cause to be installed) : underground wiring from point of supply to each street light location, including all wiring within pole and fixture, using material and methods as shown on drawing(s) approved by SPUC. Locate streetlights as shown on drawing (s) approved by City of Shakopee and SPUC. Maintain an inventory of replacement globes, ballasts, and standards, and furnish same to SPUC personnel for repairs as needed from time to time. Replace the fixtures, standards, and miscellaneous hardware at the end of their normal service life with new equipment approved by SPUC. SPUC may agree to: Provide on behalf of the City of Shakopee, until terminated by SPUC action: Provide energy used by the streetlight system. Provide routine maintenance and lamp replacement, using lamps and photocells which are common to a significant portion of other streetlighting systems maintained by SPUC. Provide routine maintenance to wiring. Install replacement globes, ballasts, and standards furnished by developer or homeowners association. City may agree to: Accept the responsibility of furnishing energy and maintenance to the streetlighting system as City responsibility until terminated by city Council action. 3 . Any such agreement shall be written and designed to place all responsibility on the Developer and/or Homeowners Association, except as otherwise specified above. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 19 City Attorney / 3 aJ MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Park Dedication Fees on Replats DATE: October 5, 1990 INTRODUCTION: Based on preliminary research, it appears the position of the City may need to be reconsidered. Further research is necessary. A full legal opinion will be completed and available prior to the next Council meeting. ACTION REQUESTED: Table the Park Dedication Fee item to the October 16, 1990 agenda. 13b TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: 1991 Budget Recreation Service Revenues DATE: October 2, 1990 Introduction The draft budget Council has been working does not have any history for recreation charges in the General Fund due to Community Recreation being a separate fund and entity. Council may wish to review 1991 estimates in greater detail. Background Attached is a sheet showing services charges for recreation for the last two years and the current year budget and revenues through July. Council may wish to review this data compared to 1991 budget estimates as part of their deliberations on the budget. The last item for contributions is generally contributions for specific equipment by various groups. Those monies are then spent on the desired equipment. Action Review and discuss the 1991 estimates and give staff direction if any changes are desired. /34 O o Ul o 0 0 0 0 0 0 0 o Ul Ul o 0 0 0 o Ul Ul o 0 0 0 0 o Ul o Ul In CD 0 0 O U1N000000 ul u•1 •-luINOI- Ou•1Or- l- Oun00 U.) 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H 9C v) 0Ei Cl) 0 Cl) 110 cat •r1 •r1 .0 •r•1 4.) 4-) 1.J 1-) 4) 1J 1-) )-I ,C rC .S. 4 4 4 4 4 rC 4 .S". 4 4 .S'. 4 -0 04 a) r-1 d 04 0 1-1 O W �bbOa) 0)) 4-1OZOZZdZOOZZOZOOOZZOOOZ00U CWd W a) CaP. Cn P. d d <4 <4 <4 d <4 0.1 7-1 >4 >4 >4 >4 >4 >4 >4 >4 >4 >4 7-I >4 >4 H 0 c4 EA 0 0 / 3c. TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Special Assessment Relief DATE: September 11, 1990 Introduction Council has requested input from staff regarding a way to provide special assessment relief to low income property owners. Background Council levies special assessments against benefitted properties to pay for improvement projects. The assessments are levied according to the policy that Council adopted 8/1/78. Assessments are normally spread over a ten year period on the property tax statements or the owner may pay the balance at any time. The interest rate on the assessment is based on the interest rate of the bonds used to finance the project. Council is concerned about the financial burden on low income property owners for assessments in conjunction with the improvement of Second Ave. Spencer to Naumkeg. Some options and issues are; 1. Extend the term of the assessments to 15 or 20 years. While this option lowers the annual payments, it increases the total cost to the owner by paying interest for more years and at a higher rate based on a normal yield curve of higher rates for longer terms. This also increases the cost to the City because records have to be active and maintained for a longer term. Having shorter term bonds (10 years) is a positive factor in Moody's view when rating bonds, leading to a better rating and lower interest rate. 2. Lowering the interest rate. Council addressed this issue several years ago and set the policy to have the interest rate on special assessments at one and one half percent over the interest rate on the bonds used to finance the project. If there are no bonds issued and the CIF or other funds are used, eight percent is set as the rate on assessments. Eight percent is the statutory maximum in this instance. The one and one half percent is used to help cover delinquencies and the statutorily required five percent over levy. As I recall, the City used to set the rate at two percent over the bond rate and Springsted recommended two percent. Lowering the interest rate below the 1.5% reduces that cushion and may increase the need for City support in debt service. Lowering the rate below the bond rate is subsidizing the project the same as not assessing the whole cost of the project. 3. Do not assess the full cost. This appears to require an exemption from or a revision of the assessment policy. Alternatively, Council may want to discuss considering this to be a gravel street that is p3 C reconstructed rather than construction of a new street which would then result in a 25% assessment instead of 100% assessment. This may have serious policy implication and Council may want to review the assessment policy in its entirity. 4. Defer special assessments. Any deferment of assessments causes problems with tracking, splits, collection etc. Taxpayers would have to pay for the bonds in the mean time and the current would enjoy the benefit without having to pay for it. 5. Political/social issues that are involved include; 1. Does any potential change apply only to Second Ave or to all property owners for various projects? 2. Except for the senior discount on garbage rates (theoretically there is less use of the service) , the City has generally stayed out of "social welfare" issues or benefits based on income or family status. Recommendation Generally staff would recommend the status quo. If there is a change to be made the recommendation would be to extend the term of the assessments on a project by project basis. Council should discuss the issues involved and give direction to staff for which options they wish to pursue. 13 .1 TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Refunding the Track TIF Bonds DATE: October 2, 1990 Introduction Council recently gave staff direction to take appropriate action regarding the possible refunding of the track TIF bonds with the potential of saving $80,000. Background Council recently gave staff direction to take appropriate action regarding the possible refunding of the track TIF bonds with the potential of saving $80,000 over the remaining life of the original bond issue. Further discussion with bond counsel and Springsted has produced a consensus between the three parties that the best course of action for Council is to not refund the original track bonds. This is primarily due to the loss of the assessment agreement and the loss of the guarantees by the original owners for debt service payments. These two documents pertain only to the original track bonds. Also due to the legal complexities involved with the original bonds, there would be significantly more work involved for bond counsel with the refunding. Alternatives 1. Status Quo - do not refund the original track bonds. 2. Refund the original track bonds. Recommendation Staff recommendation is that the appropriate course is to not refund the original track bonds due to the loss of the assessment agreement and debt service guarantees. Action Requested Move to direct staff not to pursue refunding the original track TIF bonds. CONSENT / ilOO TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Special Assessments on City Property DATE: October 2, 1990 Introduction I am requesting that Council authorize the use of the Capital Improvement Fund to pay off the balances of special assessments on City property. Background Council routinely levies assessments against City owned property for various improvement projects the same as any other property owner. The assessment goes through the process and is certified on the property tax statement in subsequent years. The annual payments are charged to the General Fund. Every few years I have requested Council to pay off the balances to reduce the administrative work required and to save the interest cost to the General Fund. The attached list represents current special assessments against City property. The use of the Capital Improvement Fund to pay off the assessments appears to be a reasonable use of CIF monies. Alternatives 1. Status Quo with annual payments out of the General Fund. 2. Pay off special assessment balances with CIF monies. Action Requested Move the direct staff to pay off special assessment balances on City owned property in the amount of $50,543.90 using the Capital Improvement Fund. City Property Special Assessments September 1990 Parcel Code Project Balance 27-001134-0 67 Downtown 1,571.40 27-001378-0 62 4th Ave 1,746.27 27-061037-0 57 Timber Tr. 235.96 27-061037-0 62 Timber Tr. 389.78 27-060012-0 62 Timber Tr. 389.78 27-131071-0 66 Veirling Dr. 3,291.37 27-143034-0 55 VIP 64.57 27-143034-0 63 VIP Ext 250.18 27-138036-0 55 VIP 359.94 27-138036-0 63 VIP Ext 1,869.00 27-001231-0 70 Third Ave. 2,116.68 27-001229-0 70 Third Ave. 1,058.34 27-001228-0 70 Third Ave. 2,116.68 27-001378-0 70 Third Ave. 536.49 27-001267-0 70 Third Ave. 1,609.47 27-047036-0 Killnarey 16,449.46 To be adopted 10/9/90 27-047008-0 Killnarey 4,766.83 To be adopted 10/9/90 27-047036-0 Killnarey 7,814.47 To be adopted 10/9/90 27-047011-0 Killnarey 3,907.23 To be adopted 10/9/90 $50,543.90 CO1\JSENT 1 3 TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: 1986A GO TIF Bond Defeasance DATE: October 2, 1990 Introduction I am requesting that Council consider defeasing the 1986A GO TIF bonds by depositing funds with an escrow agent. Background Council can defease bonds by depositing sufficient funds with an escrow agent. This effectively takes the bonds off the City books as if they were paid off. The bonds were originally issued for the Shakopee Valley Motel project but part of the proceeds were used for MEBCO. There is currently about $398,041 in the debt service fund for these bonds, the balance of the necessary funds would come from the TIF trust fund. There is $480,000 in bonds outstanding. The advantages to defeasing these bonds are; to reduce the amount of outstanding debt for the City, reduce the administrative costs of accounting, budgeting and processing bond related items, reduce the amount of TIF cash on hand (from legislative viewpoint) even though it is for debt service it would have to be paid out at a later date anyway, it does not have a material impact on the City's overall TIF situation and to move one step closer to being able to close some of the TIF districts. The only disadvantage is the administrative costs which Springsted has estimated to be around $2,000. Action Requested Move to direct staff to begin the process for defeasing the 1986A GO TIF bonds. CONSENT / :-5 MEMO TO: Dennis R. Kraft, City Adm.i-nistrator FROM: Judith S. Cox, City Clerk ---C-- RE: lerk -C--RE: Assessment Agreement with Slott County DATE: September 19 , 1990 INTRODUCTION: Attached is a 1991 assessment agreement between the City of Shakopee and Scott County for the assessment of the property in the City by the County Assessor. BACKGROUND: The current assessment agreement between the City of Shakopee and the County for the assessment of property in Shakopee expires with the 1990 assessment year. Scott County has handled the assessment of Shakopee property since 1982 . The proposed agreement is identical to the expiring agreement except for a 2 1/2% increase in cost for the service. The increase in the assessment agreements over the past four years has been approximately 10% each year. The increase this year is approximately 2 1/2% over 1990 ; from $26, 000 to $27 , 300 . The County is holding Shakopee' s increase down in an attempt to bring all jurisdictions in line; plus, they are no longer providing us with CRV' s (certificates of real estate value) nor pictures of new construction. We now take our own pictures. The County Assessors office spent 1, 700 hours on Shakopee for the 1990 assessment year. This is comparable to the hours spent in 1989 . RECOMMENDED ACTION: Authorize the proper City officials to execute an assessment agreement between the City of Shakopee and the County of Scott for the assessment of the property in Shakopee for the 1991 assessment year in the amount of $27, 300. JSC/tiv ASSESSMENT AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND THE COUNTY OF SCOTT THIS AGREEMENT is made and entered into by and between the City of Shakopee and the County of Scott , State of Minnesota, this day of _ _• 19 WHEREAS, the City of Shakopee wishes to enter into an agreement with the County of Scott to provide for the assessment of the property in said City by the County Assessor ; and WHEREAS , it is the wish of said County to cooperate with said City to prn,,ide for a fair and equitable assessment of property ; NOW THEREFORE IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED IT IS AGREED AS FOLLOWS: 1 . That the City of Shakopee which lies within the County of Scott and constitutes a separate district , shall have its property assessed by the County Assessor of Scott County, for the assessment of the year 1991 . 2 . That the County Assessor of Scott County assign a knowledgeable assessor with industrial /commercial experience to provide the Shakopee assessment , said assessment to be reviewed by the Deputy Assessor who coordinates all industrial /commercial assessments . 3. That the assessor assigned to Shakopee be available during normal working hours to respond to Shakopee citizens' requests for assessing information and requests for assessment data from the City of Shakopee . 4 . That the City of Shakopee will continue to conduct a Board of Reiew and upon the agreement of both parties, the City Attorney may assist the County Attorney in any tax appeals. 5 . That in consideration for said assessment services, the City of Shakopee hereby agrees to pay the County of Scott the sum of $27, 300 on nt before Juiy 15, 1?41 . IN WITNESS WHEREOF , the parties have executed this agreement this _!__ day of , 19 . In presence of: For City of Shakopee Signed : By Attest In presence of: For County of Scott Signed : By Attest JAMES A TERWEDO, SCOTT COUNTY ATTORNEY Approved as to Form: Brian Nasi Assistant Scott County Attorney 13 k Memo To: Dennis R. Kraft, City Administrator Honorable Mayor and Council Members From: Marilyn Remer, Personnel Coordinator Re: Resignation of Sgt. Dennis Anderson Date: October 3 , 1990 Introduction & Background At its 11/1/89 meeting, the Shakopee Police Civil Service Commission approved an unpaid leave of absence for up to one year for Sgt. Dennis Anderson. A letter of resignation has been received from Mr. Anderson, effective October 1, 1990 . Action Requested Move to accept the resignation of Dennis Anderson as Sergeant with the Shakopee Police Department effective October 1, 1990, with regrets and direct staff to prepare a resolution of appreciation for Council consideration at a later meeting. J3 / 18 September 1990 Thomas Steininger Chief of Police Shakopee Police Department 476 Gorman Street • Shakopee, MN 55379 Dear Chief Steininger, As you are aware I was granted a one-year Leave of Absence in November of 1989. I was given the option of returning to the Police Department or resigning by November 13 , 1990. However, with respect to your position of being understaffed, I have decided to resign my position of Police Sergeant with the Shakopee Police Department effective October 01, 1990. I realize the difficulty in having well-qualified recruits available to draw from and hope that this earlier date will allow you to locate the best qualified personnel. I have enjoyed my 20+ years as a Shakopee Police Officer and feel that I have been associated with the best group of police officers and staff that may be found anywhere. My only regret, from what I have been told, is that I did not get the opportunity to serve under your command. Please convey a special thank you to the City Council and to your staff for all the support and encouragement that I have received during my transition into the world of private business. The staff of men and women that you have would be hard to duplicate and the officers were the best partners a police officer could ever have had. Remind them to be careful out there, I don't want to loose any of them as friends. Sincerely, t i G�Cc �{�tom( Dennis R. Anderson / 3-4° Memo To: Dennis R. Kraft, City Administrator From: Marilyn Remer, Personnel Coordinator Re: Authorize Hiring of Police Officer Date: October 5, 1990 Introduction At its 2/6/90 Council meeting, Council authorized initiating the process for hiring a police officer. Attached is a memo from Chief Steininger recommending hiring of the top candidate, Robert Forberg. Background The Shakopee Police Civil Service Commission regulates the recruitment, screening, testing and interviewing process for hiring police officers and must certify the names of the three (3) applicants standing highest on the eligibility register to the appointing authority (City Council) . A list of 23 eligible candidates from MPRS were notified of the open position. Seven candidates responded and indicated interest. Four of the seven confirmed interview appointments of which one later declined due to accepting other employment. Robert Forberg is ranked the number one candidate. Due to the recent resignation of Dennis Anderson, there is adequate funding in both the 1990 and 1991 police department budgets to cover this position. Robert Forberg has been employed as a Police officer for the City of New Ulm since May 1987 and prior to that was a Security Sergeant for Canterbury Downs for 2 years. A background investigation has been completed. Because of Forberg' s prior experience, staff is recommending that he be hired at the Step Two rate (80% of top patrol - after 12 months) of $2 , 345. 74/mo. with the customary 12 month probationary period effective October 29, 1990, contingent on satisfactory completion of medical and psychological testing. Alternatives 1. Authorize hiring Robert Forberg at Step Two ($2 , 345. 74/mo. ) of the 1990 Police Officers Union Contract. 2 . Authorize hiring no one. 3 . Table action pending more information from staff. Recommendation: Alternative #1. Action Requested Authorize hiring Robert Forberg as patrolman for the Shakopee Police Department at $2 , 345 . 74/mo. (After 12 months - 80% of Top Patrol Rate) of the 1990 Police Officers Union Contract subject to the customary 12 month probationary period and contingent to satisfactory completion of pre-employment medical and psychological testing. i3 '4"- APPENDIX A - WAGES A.1 Effective January 1, 1990 the Police Officer Salary Schedules shall be as follows: After 36 months $2,932.17 per month After 24 months (90% of Top Patrol rate) $2,638.95 per month After 12 months (80% of Top Patrol rate) $2,345.74 per month Start (75% of Top Patrol rate) $2,199.13 per month A.2 The Employer agrees to pay one hundred dollars ($100.00) per month shift differential to any employee appointed or assigned by the Employer to act as an Investigator/Detective. 12 / 3A°. TO: Dennis R. Kraft, City Administrator Members of the City Council FROM: Tom Steininger, Chief of Police SUBJECT: Personnel Issues DATE: 10 02 90 INTRODUCTION: Sergeant Dennis Anderson resigned from the Police Department on October 1, 1990. BACKGROUND: As a result of Sergeant Anderson' s resignation, there is a need to hire a patrolman to bring the Police Department back up to full strength. There is also a need to promote a new sergeant to fill the position vacated by Sergeant Anderson. There is money in the budget to pay for these adjustments. Last year, the City Council authorized acting Chief DuBois to hire a police officer but put off the actual appointment to allow the incoming chief input into the selection process. In April of 1990, the hiring process was initiated and testing was conducted on May 31, 1990. As a result of this test, a list was established in accordance with state law. Robert Forberg scored 90% and is number one on the list. Bruce Ponath scored 80% and is number two on the list. Jeffrey Krohn claimed his score from a prior test and is third. A background investigation was completed on Mr. Forberg but the hiring process was aborted when funds to pay the new officer were withdrawn from the 1991 budget. When Sergeant Anderson announced his resignation, the background on Mr. Forberg was freshened up and it was determined that he still desires employment with the Shakopee Police Department. ALTERNATIVES: 1. Authorize hiring no one. 2 . Authorize hiring Robert Forberg. 3 . Authorize hiring Bruce Ponath. 4 . Authorize hiring Jeffrey Krohn. RECOMMENDATION: Alternative 2 . REQUESTED ACTION: Authorize employment for Robert Forberg as a probationary patrolman with the Shakopee Police Department contingent on his satisfactory completion of Medical and Psychological testing. INFORMATION ITEM: The Police Civil Service Commission has been contacted regarding initiation of the promotion process. You will be kept advised of all developments in this area. CONSENT I 3 ?r Memo to: Dennis Kraft, City Administrator From: Marilyn Remer, Personnel Coordinator Re: Buy Back of Police Holiday Time Date: October 2, 1990 Introduction The Police Union Contract allows the Employer (City of Shakopee) may, at their option, buy back from any employee so requesting in writing by November 1st of each calendar year any holiday time off earned but not used by the employee in any given year. Background A request has been received from Sgt. Jerry Poole to buy back 88.0 hours of holiday. Historically, the City has had minimum requests for buy back of police holiday time. The union contract provides no flexibility for the City in responding to the buy back request. Staff recommends the City comply with the contract and buy back the hours requested. Action Requested Pass a motion authorizing the appropriate City officials to buy back 88.0 hours of earned, but unused holiday time, from Sgt.Jerry Poole at his current rate of pay of $19.88/hr. 13A 1 .lift City of Shakopee . ,,• 0114 `min POLICE DEPARTMENT ,N f. �� KOA�Vi 476 South Gorman Street 7 !! . •:,z- . :� •�.,.�� SHAKOPEE, MINNESOTA 55379 , 1 . `' ,�‘ � -11 OF �OL Ie ,' Tel. 612/445.6666 1 4 •• C v �'i' ' O NES 4, �a • y. To: Greg Voxland, Finance Director From: Sgt. Jerry Poole, Shakopee Police Department Date: October 1, 1990 Ref: Holiday Hours Buy Back I am requesting that the City of Shakopee buy back from me all of the holiday hours I have earned for 1990, a total of 88 holiday hours. Thank you for your consideration of this. S ' cerely, 0.e.j.„,._ Jerry le Sergeant go Sc 7E Jo Jn-T.otcct MEMO TO: Honorable Mayor and Council j f\ FROM: Dennis R. Kraft, City Administrator RE: Hiring of a Secretary for the City Attorney DATE: October 4 , 1990 INTRODUCTION: This memo addresses the hiring of a secretary for the City Attorney. BACKGROUND: When the City Attorney was hired last August a tentative budget had been prepared which included money for the hiring of a secretary. Subsequent discussion of this hiring with the City Council resulted in no immediate action being taken until some experience could be obtained relative to what the clerical needs of the City Attorney might be. It was difficult to ascertain the clerical backup needed. The prosecution work had been handled by City Attorney Julius Coller and additional prosecution work had been handled by Krass and Monroe. We are now in a better position to assist the clerical needs of the City Attorney' s office. Included is a memo (Attachment #1) from City Attorney Karen Marty which describes her perceptions on the level of clerical assistance needed and provides additional information on her workload, with particular emphasis in the area of criminal prosecution. Attachment #2 is a recap of the amount of clerical assistance which has been experienced during a test week. It equals approximately six hours per day for this type of work. Attachment #3 includes a job description for a legal secretary and proposed pay ranges, as prepared by the Personnel Coordinator. It is possible that the City could hire a secretary at the intermediate level, however we might find ourselves having to go in to the secretary experienced level for a competent and qualified legal secretary. ALTERNATIVES: 1 . Authorize the hiring of a legal secretary as requested. 2 . Budget additional resources to provide for Krass and Monroe to do some of the criminal prosecution work for the City and hire part time clerical assistance. RECOMMENDATION: Alternative #1 is recommended. ACTION REQUESTED: Move to authorize advertisements for hiring of a legal secretary with a salary range of $17 , 673 . 00 to $24 , 138 . 00 per year. 31( Attachment #1 MEMORANDUM TO: Dennis Kraft, City Administrator FROM: Karen Marty, City Attorney DATE: October 2 , 1990 RE: Secretarial help On several occasions we have discussed whether I need secretarial assistance, and if so, how much. Since I had not run a prosecution office before, I was uncertain how much assistance I would need, but I expected to need at least one clerk. I have now been here one month, and I have a much better feel for the work load. My prediction regarding civil work has proven true: I need secretarial assistance less than one hour each day, since I do have a fine computer. This workload has been successfully absorbed by the existing staff. The criminal work load is presenting a significant problem, however. Since no consistent secretarial or clerk assistance was provided, I have attempted to do everything myself or make do with other workers when they were free. I cannot do it all myself: the level of work in this office is such that you do indeed need a full time attorney, not an attorney who spends part of her time doing her own secretarial work. I also found that I could not rely on other workers when they are free: confidentiality concerns arise, and it is difficult to train numerous people in the oddities of criminal work. When I was falling far enough behind that I feared the Court would dismiss cases for improper preparation or for failure to file necessary documents, I asked for one secretary here to be assigned to me. As an experiment, since you were going out of town, and due to confidentiality concerns, you assigned your own secretary, Toni. This worked extremely well on the short term basis, since you were out of town for most of a week. I believe that Toni can testify that she spent full time about six of seven days on criminal matters. I do not believe that she can continue to spend this kind of time on criminal matters and also do work for you, Judy, and my civil work. In addition to the work I have been giving Toni, I am spending approximately one hour each day doing filing and other basic work which a secretary could and should handle. The actual criminal work load apparently has been a mystery. I have compiled the following figures which may help clarify what is involved. ) 3 l( Case load: in August 207 defendants were handled by Shakopee prosecutors. Thirty of these defendants had more than one ticket. I do not have the monthly report for September yet; I expect it around the middle of the month. Each Monday I handle approximately 15 calendar calls. To prepare for each, the secretary much check the files to see if we have the police report for that case, and if we do not, she must write the officer and request it. The State Highway Patrol is adamantly requesting that we go to the courthouse and photocopy these, which is going to require more secretarial time. At present I have stalled them, saying that I will ask someone to do this as soon as I have someone who can. Each police report must be matched with the court notice and filed for the correct court date. In addition, for each one I need three "7 . 01 forms" plus a letter to the arresting officer notifying him of the court date. During the rest of the week, I handle another 2-4 trials, which require another letter and a phone call to each witness (at least one per case and sometimes more) . I also handle a half-dozen probation revocations and 2-3 sentencings. For all of these, the court notice needs to be matched with the old court file and filed with the correct date. Formal complaints are typed documents requested by the police officers or by the defendant in various cases. Each one must be individually typed on court-approved forms, from dictation. I believe that these take approximately 15 minutes each to type. Once the original is typed, the prosecutor must sign, and three copies must be made. Then the police department or State Highway Patrol is called to pick them up and take care of them. One copy is filed with the complaint and court notice here. Approximately ten matters each week are continued to another date. This requires finding and refiling the matter. I hope this clarifies what I need in terms of assistance. I understand that Toni is keeping track of the work she is doing, as well . If I can provide any further information, please let me know. Attachment #2 750 minutes <15 minutes per case (based on 50 a week) file, letter requesting report, 7. 01 forms, letter to officer 150 minutes <15 minutes per formal complaint (based on 10) 300 minutes <filing (1 hr. per day) 300 minutes <typing general correspondence, memos, etc. (1 hr. per day) 150 minutes <at Courthouse getting reports (1/2 hr per day) 150 minutes <phone calls - screening, messages, etc. (1/2 hr per day) 1800 minutes or 6 hours a day. . .total CaA4i144 t 3 `� ttt � Memo to: Dennis R. Kraft, City Administrator From: Marilyn Remer, Personnel Coordinator Re: Legal Secretary Job Description and Pay Ranges Date: October 3 , 1990 Information & Background At your direction, I have prepared a draft job description for a Legal Secretary. This has been reviewed by the City Attorney. Also, the following are the pay ranges for Secretary - Intermediate (2-4 years experience) and Secretary - Experienced (5+ years experience) . Step Step Step Step #1-Start #2-1 Yr. #3-2 Yr. #4 (Top) Secretary Intermediate 17 , 673 18, 851 21, 208 23 , 564 Secretary Experienced 18 , 104 19 , 310 21, 724 24 , 138 Note: The 1990 Pay Plan would have to be amended to add the Secretary-Intermediate classification. /3 /t. POSITION DESCRIPTION POSITION: Legal Secretary DEPARTMENT: Legal ACCOUNTABLE TO: City Attorney Primary Objective of Position Performs responsible legal secretarial duties entailing the maintenance of the civil and criminal files and records of the Legal Department including: typing of legal documents; maintenance of court calendars; the arranging for appearances of witnesses during court and jury trials; keeping up-to-date all information pertinent to criminal and civil cases; the typing of memoranda of law and trial briefs; updating the books in the law library; and other duties as assigned. Duties and Responsibilities Takes and transcribes dictation of the Legal Department including all correspondence, legal documents, resolutions, ordinances, deeds, easements, opinions, contracts, condemnations and other civil pleading. Proof-reads legal descriptions of property in connection with the acquisition or sale of real property. Maintains court calendars. Arranges for the appearance of witnesses during court and jury trials including: Composes memos and letters relating to court appearances for police officers and witnesses. Telephones witnesses. Prepares and arranges for service of subpoenas. - Types memoranda of law and trial briefs for the City Attorney. - Keeps up-to-date all information pertinent to criminal and civil cases. Makes sure all paperwork is ready for criminal trials: Must be able to learn to operate the computer in the Police Department to obtain information for trials. Must research files in the Police Department and County Court House for cases needed for court. Updates the books in the law library as pocket parts arrive. Opens and stamps mail. - Maintains all office supplies and prepares all purchase orders for the department. - Assists as requested in all functions of the law department. l3 A'. Knowledge, Skills and Abilities - Thorough knowledge of modern office practices and systems; and the ability to effectively work with legal terminology and procedures. - Ability to prepare legal documents and correspondence from general instruction. - Thorough knowledge of computer operations and other office machines including a dictaphone and typewriter. Superior secretarial skills to include, but not necessarily be limited to, spelling, grammar and punctuation. The ability to communicate effectively both orally and in writing concerning legal communications. The ability to exercise judgment and discretion with respect to confidential files and other work matters. The ability to organize work and complete work with little or no direct supervision. Desirable Experience and Training High school graduate with a minimum of two years clerical and/or secretarial experience. Two years of legal secretarial training and/or municipal experience preferred. Some knowledge of civil and criminal legal/forms and procedures is beneficial but not mandatory. The ability to take dictation by means of shorthand, notehand or speed writing is preferred but not required. 13 - a} AvJ MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Role of City Attorney At City Council Meetings and Relationship of City Attorney with Krass and Monroe, Julius Coller and the Shakopee Public Utilities Commission DATE: October 5, 1990 INTRODUCTION: Last month a meeting was held between Mayor Gary Laurent, City Attorney Karen Marty and myself. The purpose of this meeting was to clarify the role of the City Attorney at Council meetings and to formalize the points of discussion. The City Attorney prepared the memo and I concur with the summary points she has enumerated in the memo. If any member of the City Council would like to discuss any of these items or would like to make changes this will be the time to do so. The second memo was also from the City Attorney and it relates to her relationships with Krass and Monroe, Julius A. Coller and the Shakopee Public Utilities Commission. I believe the memo is self explanatory and I also concur with its recommendations. In essence the memo calls for the retention of some contact with Krass and Monroe and to utilize them on an as needed basis. The level of utilization is projected to be dramatically lower then the present level of utilization. The relationship with Mr. Coller will essentially end at the end of his contract period which will be October 31st of this year. The subject of the provision of legal assistance to the Shakopee Public Utilities Commission (SPUC) should be discussed by the City Council . As Ms. Marty points out she is not a utility lawyer and public utility law is a specialized field. I would assume that SPUC would continue to use outside legal counsel on specialized matters as they are doing presently. The City Council should determine whether they want the City Attorney to provide legal assistance to SPUC and what the charge should be for the provision of this service. Both the City Attorney and I will be available at the Council meeting to discuss this matter further. ACTION REQUESTED: The City Council should review the above matters and if any changes are desired they should be voiced at that time. /3Q MEMORANDUM TO: Mayor Gary Laurent FROM: Karen Marty, City Attorney DATE: September 14, 1990 RE: Role of City Attorney at City Council meetings Approximately one week ago, we discussed the need for clarification of the role of the City Attorney at the City Council meetings. This memo is to formalize our discussion. - The City Attorney is present to provide legal advice and to assist in legal matters. I have no role in making policy or political decisions, and will not intrude on those issues. On an as-requested basis, I will act as parliamentarian in order to provide consistency. - During the council meeting, if I have a relevant legal concern, I will raise the issue by indicating to you that I would like permission to speak. If the matter is urgent, as if necessary to avoid someone saying something which could result in legal difficulties, I will interrupt and request your attention. My role in the City is to handle legal matters for city government. I am not a private attorney and do not handle matters for individual citizens. - Individual City Councilmembers should fell free to contact me as they wish. I will keep Dennis Kraft apprised of all requests for legal or other information. The "twenty-minute rule" will be followed, which provides in effect that if a councilmember individually requests some work, and that work is anticipated to take more than 20 minutes, then the work must first be approved by the City Council. - I do prefer to receive all questions in advance of City Council meetings, in order to prepare. I will be able to provide better and more complete answers with the additional preparation time. Signed / L��y /' g Karen Marty, City Attorney / 3,44 MEMORANDUM TO: Dennis Kraft, City Administrator FROM: Karen Marty, City Attorney DATE: September 14 , 1990 RE: Relationships with the Krass & Monroe lawfirm, Julius A. Coller, and SPUC A. KRASS & MONROE LAWFIRM At its last regular meeting the Shakopee City Council requested information regarding our present and continuing relationship with the Krass & Monroe lawfirm. I understand that this lawfirm has provided excellent legal services to the City of Shakopee, both in civil litigation and as back-up in prosecutions. Although I expect to take over most of the City' s legal matters, we still need to continue our relationship with Krass & Monroe. Two particular areas of concern need to be addressed: the transition period, and our long-term relationship. 1. Transition period. During the first two months or so (approximately September and October 1990) , I expect to need education and assistance regarding the preferred method of handling matters and procedures at the Scott County courthouse. Colleen Trende and Pat Sweeney already have provided invaluable assistance and guidance. Their consideration has allowed me to prosecute far more effectively and with less disruption to the flow of cases than would otherwise have been possible. I expect to continue to need their guidance for a few more weeks. 2 . Long-term relationship. A number of civil matters are currently being handled by the Krass & Monroe lawfirm. I do not yet know the details of these cases, and would like to have information about them. However, unless directed otherwise, I do not intend to take over these matters. I believe that Krass & Monroe should continue as our legal counsel on pending legal matters and time-consuming matters. As in-house counsel, my goal is to handle as many matters as efficiently and economically as possible. When a matter will require more time than I can give it, or special expertise which I cannot readily acquire, then we will need to contract for outside legal services. I also appreciate having the Krass & Monroe lawfirm as back-up for prosecutions. As a one-person law department, I will sometimes be unable to make court appearances. I intend to provide Krass & Monroe as much notice as possible of these absences, although the notice obviously will be shorter when I am ill than when I have an out of town trip planned. i3 B. JULIUS A. COLLER Mr. Coller has provided Shakopee with consistent quality legal counsel for the past 51 years. During the transition period through the end of October, I will continue to call upon him for his wisdom and suggestions relating to City problems. He has indicated his willingness to help and has provided me with all information I have requested. At the end of his contract period, I may still occasionally call upon him for his insight into the legal history of some of our current matters. C. SHAKOPEE PUBLIC UTILITIES COMMISSION I was surprised to learn after I started working that Shakopee has a public utilities commission which does not have its own legal counsel . Mr. Coller advises me that he served as their legal counsel, and I do not mind doing the same. Public utility law is a specialty in which I do not have any expertise, but I could certainly handle their everyday matters competently. Outside counsel could be hired for those specific utility matters which required more time than I could spare or utility law expertise. The question appears to be, not whether I can or want to represent them, but rather whether they want me and what financial relationship would exist between City Hall and the Commission for any services provided. Frankly, this seems to be an issue to be decided at a level other than mine. If you have any questions regarding this, please let me know. I would be happy to discuss this at any time. S igned Karen Marty, CrAy Attorney / .3 N MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works DirectorVY. , ,g/ SUBJECT: Huber Park Fill Area ti� DATE: October 4 , 1990 INTRODUCTION: Staff has received the attached correspondence regarding the City's practice of placing fill material from the street projects in the Huber Park area. BACKGROUND: Approximately 3 years ago, the City Council directed the Engineering Department to use excess fill material from our street reconstruction projects to fill in the frequently, flooded low area of Huber Park (See attached map) . This fill would also be needed to facilitate a future street connection between Levee Drive and Bluff Avenue. The issue came up during the Downtown Streetscape Project. Attached are the minutes from the August 4, 1987 City Council meeting regarding this action. During the last 3 reconstruction projects (Downtown, 3rd Avenue and Lewis Street) the Engineering Department has directed the contractors to utilize this designated fill area for any excess material from the streets. Staff has now received the attached letter from Mrs. Nancy Anderson of 120 N. Main Street asking the City Council to reconsider this practice and requesting to appear at the Council meeting. Staff has notified Mrs. Anderson of this meeting and has also sent her a copy of this memo. ALTERNATIVES: 1. Discontinue the practice of placing excess fill from the street projects in Huber Park. 2 . Re-affirm this practice and direct staff to continue placing fill in this area. Council may wish to place conditions on this action such as times of operation, etc. RECOMMENDATION: The City Council has indicated on numerous occasions that eventually Levee Drive should connect up to Bluff Avenue to provide another east-west street through the downtown area to supplement 1st Avenue. To construct this new street, a substantial amount of fill area is needed through Huber Park to bring it up to grade. / 3 )(- This proposed street is not in the immediate future and in fact is not even on the current 5-Year Capital Improvement Plan. The actual timing of the construction of this street is dependent on the impacts of the new mini-bypass, the final plans for the development of Huber Park, and the development pressure of any surrounding areas. By utilizing excess fill from street projects, the City is obtaining a very cheap source of material and slowly building up the area for any future road. If the City did not have any fill in place by the time the street is constructed, the fill would have to be hauled in which would be a substantial expense and raise the project costs tremendously. The fill being placed also benefits the adjoining residential areas by eliminating a frequently flooded area and eliminating a severe drop-off adjacent to their properties. The Huber Park location also provides a benefit to the street projects by providing a convenient, close location to haul excess material for the contractors. If this location was not available, the contractors would be hauling the fill to whatever location they can find, possibly several miles away. This would in effect raise the costs for those street projects, as the contractor would build those additional hauling costs into his bid somewhere. Upon receipt of a verbal complaint from Mr. and Mrs. Anderson several weeks ago, staff instructed the contractor to enter the fill area from Spencer Street and dump the material at the bottom, rather than entering on Bluff Avenue and dumping from the top. Staff also instructed the contractor to not work past the hours of 7 : 00 P.M. (Note: the current Noise Ordinance allows contractors to work until 10 : 00 P.M. ) Based on the above discussion and overall benefits to the City, staff recommends continuing to utilize the Huber Park area as fill site for excess material from street projects. Staff also feels that the following conditions be placed on this activity. 1. Hauling fill would only be permitted between the hours of 8 : 00 A.M. to 5 : 00 P.M. 2 . The contractor shall seed and mulch the fill pile when he is completed to establish vegetation on the fill and eliminate erosion, dust, etc. 3 . The contractor shall enter the fill area from Spencer Street and dump at the bottom of the hill, not from the top. 4 . The contractor shall control dust during the hauling by water or placing calcium chloride as needed. / 31 - 5. The contractor shall notify all adjacent residents prior to commencing this operation indicating the length of time the filling will take place, the hours of operation and respond to any further concerns that the neighborhood may have. ACTION REQUESTED: Move to continue the practice of allowing contractors to utilize the Huber Park fill area for excess material from the street projects with the above conditions. DH/pmp FILL ) 3 September 10 . 1990 Dear Sirs , My husband and I have lived at 120 Main Street North for over six years . In the last two years the City of Shakopee has been dumping clean fill into the lot next door. The dumping has become almost constant and is making living next door very difficult.`(here is a constant line of trucks going past our back yard. under our bedroom windows and past our kitchen. We have two small children and don't feel safe letting them play in the yard without being watched for fear of them being hit. In addition, we have a thick , black dust being kicked up. If we leave our windows opened for any length of time, the dust covers our ceiling, dishes , and furniture. Two weeks ago I had to go into the feri.ld and ask a gentleman to please quit moving dirt as it was 10: 15 at night . His response was that he had been looking for a reason to knock off and I might as well be it . I don't understand why the City feels it is OK to have heavy machinery going at that time of night . • We feel that our right to the quiet enjoyment of our home is being violated by the City and are requesting that the dumping stop. We would like to be heard at the next City Council meeting . We would also like to have the council members address the traffic problem developing in the ally behind our house. I know that we are not the only homeowners that are concerned about this . Please contact me to let me know the time and location of the meeting . Sincerely. "riLZO/t1 !e t-d---7-\____ Nancy nderson 120 Main St No Shakopee , MN 55379 445-9764 • =.; . .. . aka►', � -gin information on how the permit process will work, where will be made available, if they will be issued through a lottery or application, etc. Vote was taken. The motion carried unanimously. The City Engineer noted Mrs. Lebens had requested that he look into the possiblity of using excavated material from the downtown project in the vicinity of the extension of Bluff Street to facilitate a future connection between Levee and Bluff. He stated they met with DNR and they have approved ll in that particular area and hopefully at a future tl imethey ng lcould ,present to them a total plan if acceptable with Council. This was acceptable with Council. The City Administrator noted that Mr. Kraft and Cncl. Clay were dealing with Mr. Gene Brown, investigating the possiblity of his renting to the City the Pelham Hotel site for off street parking 4 during construction of the downtown project. He stated they 4 referred to the lease the City recently entered into with the Chamber of Commerce for the building site in the park and modified it accordingly. He read the modifications to Council. Leroux/Vierling moved to direct the appropriate City officials to enter into the lease with Gene Brown Agency for rental of the former Pelham Hotel site for off street parking through November 15, 1987. Roll Call: Ayes: Wampach, Vierling, Leroux, Clay, Mayor Reinke Noes: None Motion carried. Leroux/Vierling moved to adjourn to August 18 , 1987, at 7: 00 D.M. Motion carried unanimously and the meeting adjourned at 1: 30 a.m. Judith S. Cox City Clerk Betty Brumm Recording Secretary r. ---« k----.1 1 ....... " ' , a'' r_ _lik *-. 11 "—1 I. iv 'a.- IL ;'i i-. Aptliiiv -.I mai um mu NE , an 1 \ . , --:---___-___---------.._-- __.;,--- i \' 114 , ,,._.::;",- ,.. ----- —':...)..) PM --\-- 1I , i ai'. laillrillri -2.1V 111111 •_ _ • i I 1 i \ ., . is. it ,4a, 1 I ' I ' - -, W r•- -- • I 1� ` , L S r ` IQ QC IC I I ' ' it144 i 85 .4_11. 1 `t8Q' 'Q i' i r.L 9 68 , 4 ili• ' 1 ,::.: . . Imo , 11 I 9 -— r ,41, • — , li :s . ME I r t f j I I i Y ' cc I r .NM Mil. • 46. 1111. ' ,. Il. 1 MIE MEN . ic U) u i ,L,, i al ER , o u_ Vi— I , Millg \14\ _ i o MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Payment of Fees for Fire Department Personnel Inspection Services for the FMG Project DATE: October 4 , 1990 INTRODUCTION: There has been an item pending before the City Council for the past few weeks relative to the payment of $75. 00 to Fire Chief Charles Ries and an additional $25. 00 to another fire fighter as compensation for review of plans for the FMG facility in Shakopee. The amount of $25. 00 per hour was arrived at by Building Official Leroy Houser and it represented approximately hourly wages of the aforementioned for time that they were spending on behalf of the City and were not receiving on their jobs. BACKGROUND: Subsequent to discussion of this item the City Council directed the staff to formulate a policy relative to payment for fire fighters reviewing building plans. The recommendations are forthcoming although at this time there is some difference of opinion on the part of various staff members. I believe the City Council should dispense with the $75. 00 and $25. 00 payment items by approving these payment at this time. RECOMMENDATION: Approve the payments as submitted. ALTERNATIVES: 1) Approved payment of $75 & $25 on a one time only basis. 2) Do not approve. 3) Reduce hourly amount. ACTION REQUESTED: Move to approve payments of $75 to Charles Ries and $25 to Dave Judd as remuneration for work performed in conjunction with the FMG/Tsumura Project. / 3 /6 MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Payment of Fees for Fire Department Review of Building Plans and Specifications DATE: October 4 , 1990 INTRODUCTION: A few weeks ago the City Council directed staff to formulate a policy on the payment of fees for fire marschall-related inspections by members of the Fire Department. BACKGROUND: The Building Official has indicated that periodically it is desirable to have Fire Department personnel review plans and specifications for larger buildings in order to look at life safety matters, specifically those related to fire safety. A few months ago during the review of the FMG - Tsumara building project, architects were in Shakopee from out of State. The Building Official contacted Fire Chief Ries and approximately 4 hours of work were carried out in conjunction with this activity. At that time Mr. Houser agreed to compensate two members of the Fire Department for this review at the rate they would have otherwise received on their job. I believe there are problems which could arise out of this policy if it were to be finalized and implemented on a continuing basis. I believe that the City should compensate people for conducting building plan reviews and other fire marshall-related items at the rate we would normally compensate a building inspector who would be performing building code reviews. If a building inspector were to receive $15. 00 per hour and a person working for the Fire Department were to receive $25. 00 per hour at outside employment I believe the City should still be paying $15. 00 per hour because that reflects the amount we would pay for this type of service. Conversely, if a person in outside employment were to be paid $7 . 00 per hour I believe they still should paid the hypothetical rate of $15. 00 per hour if they were qualified and if they were conducting building plan reviews. Additionally, I believe the City would potentially have some pay equity problems if we were to pay different people different rates for performing the same job, not only would be paying individual Fire Department personnel different rates for the same job, but we also would be compensating people in a manner inconsistent with the internal pay equity system that the City Council adopted several years ago. In other words, I believe we would potentially be buying into a comparable worth problem and would upset the balance we are attempting to achieve in paying people a salary inconsistent with the internal system that we have established. /3 i From a comparable worth perceptive, in that the Fire Department is a male dominated organization, the payment of fire fighters at a rate of $25. 00 per hour for a job that would be classified in the range of 65 to 75 points would create an even bigger problem. I believe this could further jeopardize the City in attempting to meet it' s comparable worth objectives by December 31, 1991 . RECOMMENDATION: For the above mentioned reasons I recommend that fire fighters who are conducting building plan reviews and other fire marshall- related inspections be compensated at the same rate to pay a building inspector. This rate ranges from $12 . 21 per hour to $16. 29 per hour. I would suggest that this initial rate be $ 14 . 66 per hour (Step 3) . I further suggest that all work carried out be done only upon authorization by the Fire Chief and that this be consistent with the amounts contained in the adopted budget. A resolution will be drafted to incorporate these two recommendations and will be on the Council table for Tuesday evening. RECOMMENDED ACTION: Offer Resolution No. 3299 , A Resolution Establishing Compensation for Firemen Conducting Building Plan Reviews and Other Fire Marshall-Related Inpsections, and move its adoption. • RESOLUTION NO. .791)c/ A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, ESTABLISHING A POLICY RELATING TO PAYMENT OF FEES FOR FIRE MARSHALL-RELATED INSPECTIONS. WHEREAS, from time to time our fire fighters are requested to perform inspections as fire marshals; and WHEREAS, it is appropriate that a fair and consistent method of compensation be established for these duties. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That fire fighters who perform fire marshall duties, such as building plan reviews, at the specific request of the Fire Chief, shall be compensated at the step 3 level for building inspectors. The Fire Chief shall appoint individual fire fighters to perform these duties based on a rotating list of qualified fire fighters who desire to perform such work. The amount to be spent must be within the adopted budget. Passed in regular session of the City Council of the City of Shakopee, Minnesota, held this day of , 1990 . 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Kraft, City Administrator From: Marilyn Remer, Sr. Accounting Clerk Re: Certification of Delinquent Storm Drainage Utility Bills Date: September 18, 1989 Information Pursuant to Ordinance No. 176, past due storm drainage utility bills in excess of ninety days past due of October 1st of any year, may be certified to the County Auditor for collection with real estate taxes. Background Attached are lists of delinquent storm drainage utility accounts and Resolution No. 3290 certifying such to the 1991 Real Estate Taxes. Notices have been sent to these property owners advising them of this action. Action Requested Move to adopt Resolution No. 3290, a Resolution Certifying Delinquent Storm Drainage Utility Bills for Collection on the Tax Rolls Payable 1991. / tom RESOLUTION NO. 3290 A RESOLUTION CERTIFYING DELINQUENT STORM DRAINAGE UTILITY BILLS FOR COLLECTION ON THE TAX ROLLS PAYABLE 1991 WHEREAS, the Shakopee City Council did create a storm drainage utility pursuant to Ordinance Number 176; and WHEREAS, the storm drainage utility is supported by user fees collected by utility bills; and WHEREAS, some utility bills are delinquent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the delinquent storm drainage utility bills as listed on the attached listing are hereby certified to the Scott County Auditor for collection with the 1991 property taxes. Adopted in session of the City Council of the City of the Shakopee, Minnesota, held this 9th day of October, 1990. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of October, 1990. City Attorney SPECIAL ASSESSMENT ROLLS i PID MUNIC CD LEVY AMT 270010290 27 73 $14.45 270010310 27 73 $14.45 270010480 27 73 $63.09 270010590 27 73 $322. 59 270010720 27 73 $126.22 270011420 27 73 $46.76 270011501 27 73 $9.77 270011650 27 73 $15.86 270011731 27 73 $21 . 16 270011850 27 73 $32. 54 270011901 27 73 $35.07 270011940 27 73 $14.45 270012220 27 73 $14.45 270012261 27 73 $56. 11 270012390 27 73 $10.85 270012900 27 73 $14.45 270012961 27 73 $14.45 270013300 27 77 $34.20 270013640 27 73 $10.85 270014090 27 73 $46.76 270014630 27 73 $14.45 270015200 27 73 $12. 56 270015360 27 73 $46.76 270015570 27 73 $10.85 270015700 27 73 $46.76 270016000 27 73 $22.81 270016230 27 73 $23.40 270016270 27 73 $22.24 270016340 27 73 $46.76 270016520 27 73 $11 .39 270018230 27 73 $34.20 270018260 27 73 $14.45 270020260 27 73 $46.76 270040030 , 27 73 $14.45 270040050 27 73 $14.45 270040210 27 73 $14.44 270040230 27 73 $14.45 270040850 27 73 $14.45 270041050 27 73 $88.75 270041100 27 73 $14.45 270041151 27 73 $14.45 270041520 27 73 $14.45 270041540 27 73 $249.86 270041620 27 73 $168. 14 270041660 27 73 $14.45 270041710 27 73 $14.45 270060130 27 73 $15. 17 270060170 27 73 $265.29 270060190 27 73 $149.43 270060200 27 73 $14.45 270120090 27 73 $46.76 270120280 27 73 $22.24 270140010 27 73 $81 .73 270140020 27 73 $93.41 270140030 27 73 $98.07 270170160 27 73 $14.45 SPECIAL ASSESSMENT ROLLS , IfPID MUNIC CD LEVY AMT 270170260 27 73 $14.45 270170460 27 73 $14.45 270170500 27 73 $15.17 270170790 27 73 $14.45 270230010 27 77 $14.45 270240360 27 73 $14.45 270240400 27 73 $14.45 270240590 27 73 $14.45 2702 600.70 27 73 $14.45 271 040.360 27 77 $14.45 270360210 27 73 $14.45 270360320 27 73 $14.45 270360470 27 73 $14.45 270760780 27 77 $14.45 270370110 27 73 $14.45 270-=80050 27 73 $14.45 ^70400290 27 73 $14.45 2704003.70 27 73 $14.45 270410100 27 73 $14.45 270410850 27 73 $14.45 270430030 27 73 $14.45 270430040 27 73 $14.45 270470010 27 73 $14.45 270500010 27 73 $14.45 270510210 27 73 $14.45 270520070 27 73 $14.45 ^70520520 27 73 $14.45 270520531 27 73 $14.45 270530010 27 73 $14.45 270530080 27 77 $14.45 ^70590010 27 73 $14.45 270590040 27 73 $14.45 270610160 27 7.3 $14.45 270620310 27 73 $14.45 270670230 27 73 $15. 17 270710020 27 77. 314.45 270740110 27 73 $14.45 270740150 "17 73 $14.45 270750010 27 73 $184.47 270750020 27 73 $66.64 270820120 ^7 73 $14.45 270830060 27 73 314.45 ^70870290 27 73 $14.45 27088400060 27 77 $14.45 270840240 27 73 $14.45 270840470 27 73 $15.20 ^70860020 27 73 $2174. 11 ^709^0050 27 73 $14.45 ^70920081 27 73 $14.45 27092 X130 27 73 $14.45 27090150 27 73 $14.45 270920270 27 73 $14.45 270920290 27 73 $14.45 270970040 27 73 $14.45 270980020 27 73 $15. 17 271000+?10 27 73 $259.22 SPECIAL ASSESSMENT ROLLS / 1 CIL. RID MUNIC CD LEVY AMT 271110020 27 73 $227.09 271120/30 27 73 $14.45 271/40030 27 . 3 $14 .45 271330340 27 • 73 $14.45 271330430 27 . 3 $14. 45 271450150 27 73 $14.45 271450380 27 73 $14 .45 271460120 27 73 $14.45 279030070 27 $344.32 279060410 27 73 $14.45 279061420 27 73 $14.45 279061471 27 73 $14. 45 279080060 27 77 $1201 .46 279120140 27 73 $467.05 279130300 27 73 $14.45 279130310 27 73 $14. 45 279130350 27 77_ $14.45 279130380 27 73 $14 .45 279130640 27 73 $14.45 279140012 27 73 $583.80 279140070 27 73 $14.45 279140122 27 77 $14.45 279150230 27 73 $14.45 279160090 27 73 $14.45 279180030 27 73 $14.45 279180100 27 73 $14.45 279290010 27 73 $14.45 279290071 27 73 $14.45 TOTAL CERTIFIED AMOUNT $9318.98 END OF XEO FILE \ —f � d �. �✓ �r J Liq MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director1 SUBJECT: Sidewalk Replacement Project 1 DATE: October 1, 1990 INTRODUCTION: Attached is Resolution 3293 , A Resolution Accepting Bids and Awarding the Contract for the Sidewalk Replacement Project. BACKGROUND: On September 4 , 1990 the City Council of Shakopee ordered the advertisement for bids for the Sidewalk Replacement Project. This project consists of replacing all defective sidewalk located within Zone 4 , consisting of all of the area south of 4th Avenue and east of Lewis Street. On September 27 , 1990 at 10 : 00 A.M. bids were received and publically opened for this project. A total of three bids were received and are summarized in the attached Resolution. The low bid was submitted by DN Con, Inc. of Lakeville, MN for a total bid of $23 , 480. 00 . The Engineering Department has reviewed all bids for completeness and also qualifications of DN Con, Inc. , the low bidder, and have determined that they are able to perform the work as described by the plans and specifications. The Engineer' s estimate for this project was approximately $25, 000. 00 . 50% of the project costs will be assessed back to the affected property owners. Attached is Resolution No. 3293 which accepts bid on this project and awards the contract. The contract on this project requires that all work be completed by November 15, 1990 . ALTERNATIVES: 1. Accept the low bid and adopt Resolution No. 3293 , awarding the contract to DN Con, Inc. 2 . Reject the low bid and award the bid to the second low bidder or another bidder. 3 . Reject all bids and rebid. 1t RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: 1. Offer Resolution No. 3293 , A Resolution Accepting Bids on the Sidewalk Replacement Program, Project No. 1990-11 and move its adoption. 2 . Approve of a contingency in the amount of 5% of the bid for use by the Project Administrator in authorizing change orders on this project. DH/pmp MEM3293 / 9 4' RESOLUTION NO. 3293 A Resolution Accepting Bid On The Sidewalk Replacement Program Project No. 1990-11 WHEREAS, pursuant to an advertisement for bids for the Sidewalk Replacement Program, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: DN Con, Inc. $23 , 480. 00 Thomas & Sons $26 , 369 . 00 Mosier Const. $42 , 874 . 00 AND WHEREAS, it appears that DN Con, Inc. , 9870 161st Street West, Lakeville, MN 55044 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The Mayor and City Clerk are hereby authorized and directed to enter into a contract with DN Con, Inc. , in the name of the City of Shakopee for the improvement of the Sidewalk Replacement Program by Sidewalk Replacement, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 19 City Attorney ONSEAI11714:w MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works DirectorD SUBJECT: Upper Valley Drainage Project No. 1987-5A Mn/DOT Agreement No. 66333 DATE: October 1, 1990 INTRODUCTION: Staff is requesting Council authorization to execute Agreement No. 66333 (attached) with the Minnesota Department of Transportation regarding the Upper Valley Drainage Project. BACKGROUND: Phase II of the Upper Valley Drainage Project originally consisted of constructing the drainageway from 4th Avenue north to the Minnesota River including provisions to provide trout stream mitigation at the Mill Pond area. On November 8 , 1989 the City of Shakopee signed an agreement with Mn/DOT regarding the funding for this phase of the Upper Valley Drainageway. Mn/DOT is funding approximately 14 . 6% of this project. The agreement that was executed in 1989 was Agreement No. 66333 . At that time the City of Shakopee had still not resolved its request with the Minnesota Department of Natural Resources to eliminate this area from the trout stream classification. Subsequently, in early 1990 the City of Shakopee and Mn/DOT decided to separate Phase II of this project into two separate projects. One portion would be to construct the storm sewer from 4th Avenue to the outlet at the Mill Pond and the second portion of the project would be to construct the trout stream mitigation measures. The reasons for splitting this project up into two separate projects was in order to expedite the construction of the storm sewer portion while negotiations were still going on with the DNR. On April 3 , 1990 the City of Shakopee entered into Agreement No. 66680 with Mn/DOT which covered that portion of the project from 4th Avenue to the outlet. Since the DNR has removed the Mill Pond from its trout stream classification, the City of Shakopee is no longer required to construct any trout stream mitigation measures. Therefore, the original agreement with Mn/DOT executed in 1989 (Agreement No. 66633) is no longer needed. Attached is correspondence staff has received from Mn/DOT requesting that the City of Shakopee cancel Agreement No. 66333 . Attached is Resolution No. 3294 , which authorizes the City of Shakopee to cancel Agreement No. 66333 by executing Supplement No. 1 to Agreement No. 66333 . ALTERNATIVES: 1. Adopt Resolution No. 3294 . 2 . Deny Resolution No. 3294 . RECOMMENDATION: Staff recommends Alternative No. 1. This agreement is no longer needed as the City of Shakopee will not be doing any work in the Mill Pond area. Apparently the Mn/DOT Central Office is requiring that this Resolution be adopted and the Supplemental Agreement be executed in order to clean up the paper work on this project. This is essentially a house cleaning item. ACTION REQUESTED: 1. Offer Resolution No. 3294 , A Resolution Authorizing the City of Shakopee to Cancel Agreement No. 66333 with the Minnesota Department of Transportation for the Upper Valley Drainage, Project 1987-5A, From 4th Avenue to the Minnesota River (Mill Pond) and move its adoption. 2 . Authorize the appropriate City officials to execute Supplemental No. 1 to Agreement No. 66333 . DH/pmp MEM3294 RESOLUTION NO. 3294 A Resolution Authorizing The City Of Shakopee To Execute Supplement No. 1 to Agreement No. 66333 (Which Cancels Agreement No. 66333) 1 With The Minnesota Department Of Transportation For The Upper Valley Drainage Project 1987-5A From 4th Avenue To The Minnesota River (Mill Pond) BE IT FURTHER RESOLVED that the City of Shakopee enter into Agreement No. 66333-1 with the State of Minnesota, Department of Transportation for the following purposes, to-wit: to cancel Agreement No. 66333 , dated November 8 , 1989 , between the State and the City, which agreement provided for payment by the State to the City of the State' s share of the cost of storm sewer construction adjacent to Trunk Highway No. 101 approximately one- quarter of a mile east of County State Aid Highway No. 17 (Marschall Road) in accordance with plans designated by the City as Upper Valley Drainage Project No. 1987-5A and by the State as State Project No. 7005-61 (T.H. 101=187) . BE IT FURTHER RESOLVED that the proper City Officers are hereby authorized and directed to execute such agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1990. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1990 . City Attorney PRE-LETTING STATE OF MINNESOTA AMENDMENT TO SERVICES DEPARTMENT OF TRANSPORTATION AGREEMENT NO. SECTION COOPERATIVE CONSTRUCTION AGREEMENT 66333 SUPPLEMENT NO. 1 S.P. 7005-61 (T.H. 101=187) State Funds Supplement No. 1 to Agreement No. 66333 between AMOUNT ENCUMBERED The State of Minnesota Department of Transportation, and (None) The City of Shakopee Re: State cost participation in storm sewer construction by the City AMOUNT RECEIVABLE adjacent to T.H. 101 approx. 1/4 of a mile east of C.S.A.H. 17 in (None) Shakopee THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Shakopee, Minnesota, acting by and through its City Council, hereinafter referred to as the "City" . 4/- 66333-1 66333-1 WITNESSETH: WHEREAS the State and the City did enter into an agreement dated November 8, 1989 , and designated as Agreement No. 66333 providing for payment by the State to the City of the State ' s share of the cost of storm sewer construction adjacent to Trunk Highway No. 101 approximately one-quarter of a mile east of County State Aid Highway No. 17 (Marschall Road) in accordance with plans designated by the City as Upper Valley Drainage Project No. 1987-5A and by the State as State Project No. 7005-61 (T.H. 101=187) ; and WHEREAS a permit from the Minnesota Department of Natural Resources was required for the outlet of the planned storm sewer system into the Minnesota River before the project could be let; and WHEREAS the Minnesota Department of Natural Resources permit could not be obtained in time to allow construction of the storm sewer system to begin during the 1990 construction season, which was necessary so that the storm sewer system could be completed before construction begins on the proposed Trunk Highway No. 101 (Shakopee Bypass) ; and WHEREAS the City decided to split said storm sewer project into two projects, the storm sewer south of Trunk Highway No. 101 to be constructed in accordance with City-prepared plans, specifications 2 66333-1 and special provisions designated by the City as Upper Valley Drainage Project No. 1987-5A and by the State as State Project No. 7001-61 (T.H. 101=187) , and the storm sewer north of Trunk Highway No. 101 to be constructed in accordance with future City-prepared plans, specifications and special provisions, so that construction of the storm sewer south of Trunk Highway No. 101, for which a Minnesota Department of Natural Resources permit was not required, could begin during the 1990 construction season; and WHEREAS the State entered into Agreement No. 66680 dated April 3 , 1990, with the City for the storm sewer to be constructed south of Trunk Highway No. 101 in accordance with plans designated by the City as Upper Valley Drainage Project No. 1987-5A and by the State as State Project No. 7005-61 (T.H. 101=187) ; and WHEREAS the State shall enter into a future agreement with the City for the storm sewer to be constructed north of Trunk Highway No. 101 in accordance with plans designed by the City; and WHEREAS the State and the City no longer desire to jointly accomplish the contract work as described in Agreement No. 66333 . 3 r . , (moo 66333-1 IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - CANCELLATION OF AGREEMENT Agreement No. 66333 dated November 8, 1989, shall be and is hereby cancelled and declared null and void. ARTICLE II - AGREEMENT APPROVAL Before this agreement shall become binding and effective, it shall be approved by a City Council resolution and receive approval of State and City officers as the law may provide in addition to the Commissioner of Transportation or his authorized representative. 4 66333-1 IN TESTIMONY WHEREOF the parties have executed this agreement by their authorized officers. DEPARTMENT OF TRANSPORTATION CITY OF SHAKOPEE Recommended for approval: By Mayor Bye e / Director Date L."( Pre-Letting Services Section By By District Engineer City Administrator Date By Deputy Division Director Technical Services Division By City Clerk Approved: Date By Deputy Commissioner of Transportation DEPARTMENT OF ADMINISTRATION Approved: Date (Date of Agreement) By (Authorized Signature) OFFICE OF ATTORNEY GENERAL Approved as to form and execution: Date By Special Assistant Attorney General 5 N CL/al 0 SENT TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Resolution No. 3284 Authorizing Sale of 1990A GO Improvement Bonds DATE: October 1, 1990 Introduction The attached resolution authorizes the issuance and sale of bonds to finance ten improvement projects ordered by Council. Background The attached resolution has been prepared by bond counsel to authorize the issuance and sale of general obligation improvement bonds to finance the projects listed in the resolution. The actual awarding of the sale will be done next month. Also attached is the recommendations for the bond issue from Springsted. Two things bear mentioning; 1) the schedules show a levy for 1990/91 of $140,217, Council has not made a allowance for this levy in the preliminary tax levy certified to the County Auditor. There is $140,000 planned to be transferred from a closing debt service fund into this new debt service fund as shown in the draft budget that replaces the tax levy. 2) the assessments for Lewis, Adams/4th, Vierling Water and Valley Ind. Blvd. N. are calculated to have 2 years worth of interest on the first payment rather than the usual 1.4 years worth due to the assessments being levied in December after the October certification to the county. Interest would be from the assessment adoption date to December of the year of the first payment (12/31/92) . Action Requested Offer Resolution No. 3284 A Resolution Authorizing Issuance And Sale of $1,930,000 General Obligation Improvement Bonds, Series 1990A and move its adoption. c � DORSEY & WHITNEY A PARTNERSHIP INGL41>INO I'ROPP.SSIONAI.CORPORATIONS 350 PARK AVENUE 2200 FIRST BANK PLACE EAST 340 FIRST NATIONAL BANK I3UILDING NEW YORE,NEW YORE 10022 MINNEAPOLISMINNESOTA 55402 ROCHESTER,MINNESOTA 55903 , (212)415-9200 (507)288-3156 (612) 340-2600 1330 CONNECTICUT AVENUE,N.W. 315 FIRST NATIONAL BANK BUILDING WASHINGTON,D.C.20036 TELEX 29-0605 WAYZATA,MINNESOTA 55391 (202)857-0700FAX(612)340-2868 (612)475-0373 3 GRACECHURCH STREET 1200 FIRST INTERSTATE CENTER LONDON EC3V OAT,ENGLAND THOMAS S.HAY BILLINGS,MONTANA 59103 01-929-3334 (406)252-3800 (612)343-7965 36,RUE TRONCHET 201 DAVIDSON BUILDING 75009 PARIS,PRANCE GREAT PALLS,MONTANA 59401 01-42-66-59-49 (406)727-3632 FAR EAST FINANCE CENTER 127 EAST FRONT STREET HONG KONG MISSOULA,MONTANA 59802 852-5-8612555 (406)721-6025 September 27, 1990 Greg Voxland SEP 2 81990 City of Shakopee 129 East 1st AVenue CITY OF SN Shakopee, MN 55379 AKC pE E Re : $1, 930, 000 General Obligation Improvement Bonds, Series 1990A City of Shakopee, Minnesota Dear Mr. Voxland: Enclosed is a copy of the resolution authorizing issuand ans sale of the above-referenced bonds . Please call with any questions or comments you may have . Very truly yours, °AfrA4V „I(//0 Thomas S. Hay TSH/sd Enclosure its CERTIFICATION OF MINUTES RELATING TO $1, 930, 000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1990A Issuer: City of Shakopee, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on Tuesday, October 9, 1990, at 7 :30 o'clock P .M. at the City Hall. Members present : Members absent : Documents attached: Minutes of said meeting (pages) : RESOLUTION NO. 3284 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $1, 930, 000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1990A OFFICIAL TERMS OF OFFERING NOTICE OF SALE I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds 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 said corporation in my legal custody from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout 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 this day of October, 1990 . Judith Cox City Clerk I 4f 6L/ Councilmember introduced the following resolution and moved its adopted: RESOLUTION NO. 3284 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $1, 930, 000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1990A BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, as follows : Section 1 . purpose . It is hereby determined to be in the best interests of the City to issue its General Obligation Improvement Bonds, Series 1990A, in the principal amount of $1, 930, 000 (the Bonds) , including $25, 090 principal amount of Bonds representing interest, pursuant to Minnesota Statutes, Chapters 429 and 475, to finance the following public improvement projects : Project Estimated Cost 1988-7 Alley - 55 $ 6, 117 1989-1 Alley - 81 14, 991 1989-3 Alley - 7 10, 351 1989-8 Alley - 102 6, 203 1989-5 3rd Avenue 1, 117, 500 1989-7 Killhar 171, 950 1990-5 Lewis 634, 400 1990-2 Vier. Water 128, 530 1990-3 Adams - 4th 201, 000 1990-8 Valley Ind. - No. 305, 300 Total Cost $2, 596, 342 Section 2 . Terms of Bond Sale: Notice. Springsted Incorporated, financial consultant to the City, has presented to this Council a form of Official Terms of Offering for the Bonds and abbreviated Notice of Sale for publication, which shall be placed on file by the City Clerk . Each and all of the provisions of the Official Terms of Offering are hereby adopted as the terms and conditions of the Bonds and of the sale thereof . The City Clerk is authorized and directed to cause the abbreviated Notice of Sale to be published once in the official newspaper and once in a bond trade publication at least ten (10) days prior to the date on which bids for the purchase of the Bonds will be received. Section 3 . Sale Meeting. This Council shall meet at the City Hall on Tuesday, November 6, 1990, at' 8 . 30. o'clock P .M. for the purpose of considering bids received for the purchase of the Bonds and of taking such action thereon as may be in the best interests of the City . titA Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1990. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1990. City Attorney 1410 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and, upon vote being taken thereon, all present voted in favor thereof and none voted against the same, whereupon said resolution was declared duly passed and adopted. 14. NOTICE OF SALE CITY OF SHAKOPEE, MINNESOTA $1, 930, 000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1990A Sealed bids for the purchase of these Bonds will be received by the City Finance Director or his designee until 11:00 A.M. , Central Time, on Tuesday, November 6, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, St . Paul, Minnesota . The Bonds will be dated December 1, 1990, will bear interest payable semiannually commencing on August 1, 1991, and will mature on February 1 in the following years and amounts : Year Amount Year Amount 1992 $ 45, 000 1997 $185, 000 1993 175, 000 1998 190, 000 1994 175, 000 1999 195, 000 1995 180, 000 2000 200, 000 1996 185, 000 2001 210, 000 2002 190, 000 Bidders must specify a price of not less than $1, 904, 910 plus accrued interest . A legal opinion will be furnished by Dorsey & Whitney, of Minneapolis, Minnesota . The proceeds will be used to finance the costs of local improvements in the City. Dated: October 9, 1990 BY ORDER OF THE CITY COUNCIL Judith Cox City Clerk Further information may be obtained from the Issuer's Financial Advisor, SPRINGSTED INCORPORATED, 85 East Seventh Place, Suite 100, St, Paul, Minnesota 55101, 612/223-3000 / 4 L OFFICIAL TERMS OF OFFERING $1,930,000 CITY OF SHAKOPEE, MINNESOTA GENERAL OBUGATION IMPROVEMENT BONDS, SERIES 1990A Sealed bids for the Bonds will be received by the City Finance Director or his designee on Tuesday, November 6, 1990, until 11:00 A.M., Central Time, at the offices of SPRINGSTED Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 8:00 P.M., Central Time, of the same day. DETAILS OF THE BONDS The Bonds will be dated December 1, 1990, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1991. Interest will be computed on the basis of a 360-day year of twelve 30-day months and will be rounded pursuant to rules of the MSRB. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature February 1 in the years and amounts as follows: 1992 $ 45,000 1996 $185,000 2000 $200,000 1993 $175,000 1997 $185,000 2001 $210,000 1994 $175,000 1998 $190,000 2002 $190,000 1995 $180,000 1999 $195,000 OPTIONAL REDEMPTION The City may elect on February 1, 1999, and on any day thereafter, to prepay Bonds due on or after February 1, 2000. Redemption may be in whole or in part and if in part, at the option of the City and in such order as the City shall determine and within a maturity by lot as selected by the registrar. All prepayments shall be at a price of par and accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance various public improvement projects within the City. TYPE OF BID Bids shall be for not less than $1 ,904,910 and accrued interest on the total principal amount of the Bonds, and shall be accompanied by a certified or cashier's check in the amount of $19,300, payable to the order of the City. No bid will be considered for which said check has not been received. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the - i - /fid purchaser fails to comply with the accepted bid, said amount will be retained by the City. No bid can be withdrawn after the time set for receiving bids unless the meeting of the City scheduled for award of the bids is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional bid will be accepted. AWARD The Bonds will be awarded to the bidder offering the lowest dollar interest cost to be determined by the deduction of the premium, if any, from, or the addition of any amount less than par, to the total dollar interest on the Bonds from their date to their final scheduled maturity. The City's computation of the total net dollar interest cost of each bid, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non- substantive informalities of any bid or of matters relating to the receipt of bids and award of the Bonds, (ii) reject all bids without cause, and, (iii) reject any bid which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the bidder, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, - ii - liii the purchaser shall be liable to the City for any loss suffered by the City by reasons of the purchaser's non-compliance with said terms for payment. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement as required by Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement and the Official Bid Form or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting an Official Bid Form therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 80 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter executing and delivering an Official Bid Form with respect to the Bonds agrees thereby that if its bid is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated October 9, 1990 BY ORDER OF THE CITY COUNCIL /s/ Judith Cox Clerk - iii - it{ 6i Recommendations For City of Shakopee, Minnesota $1 ,930,000 General Obligation Improvement Bonds, Series 1990A Study No. 3711 SPRINGSTED Incorporated September 28, 1990 Pik SPRINGSTED PUBLIC FINANCE ADVISORS 500 Elm Grove Road 85 East Seventh Place 135 North Pennsylvania Street Suite 101,P.O.Box 37 Suite 100 Suite 2015 Elm Grove,WI 53122-0037 Saint Paul,MN 55101-2143 Indianapolis,IN 46204-2498 (414)782-8222 (612)223-3000 (317)684-6000 Fax:(414)782-2904 Fax:(612)223-3002 Fax:(317)684-6004 2739 Second Avenue S.E. 512 Nicollet Mall 6800 College Boulevard Cedar Rapids,IA 52403-1434 Suite 550 Suite 600 (319)363-2221 Minneapolis,MN 55402-1017 Overland Park,KS 66211 Fax:(319)363-6999 (612)333-9177 (913)345-8062 Fax:(612)333-2363 Fax:(913)345-1770 September 28, 1990 Mayor Gary Laurent Members, City Council Mr. Dennis Kraft, City Administrator Mr. Greg Voxland, Finance Director City Hall 129 East First Avenue Shakopee, MN 55379 RE: Recommendations for the Issuance of $1,930,000 General Obligation Improvement Bonds, Series 1990A We respectfully request your consideration of our recommendations for the issuance of these bonds in accordance with the Official Terms of Offering, attached as Appendix III. Bond proceeds will finance the costs associated with ten public improvement projects currently underway. Appendix I of these recommendations itemizes the projects included in the issue. This project profile details the project costs and amount to be assessed. All projects have been completed or will be essentially completed by the end of the year. An estimated $931,634 of the principal amount of the bond issue has been or will be assessed against benefited property, with the balance paid from annual tax levies. The projected assessment income is shown as Appendix II. All are spread over ten years of even principal payments with 8.5% interest charged on the unpaid balance. We have been advised by Mr. Voxland that four of the assessment rolls, 90-5, 90-2, 90-3 and 90-8, will be filed this December and January which will be too late to get them on the tax rolls for first collection in 1991. We have assumed that interest will be charged according to statute from the filing date through the first year of collection, 1992, which will result in two years of interest payable in 1992. We have reflected this in the projection of special assessment collections in Appendix II. The City has the option not to charge two years of interest in the first assessment payment, but to do so would add capitalized interest to the four projects which would increase both the issue size and the principal amount of the assessments. Therefore, in Appendix III, our recommended maturity schedule is structured so that the City's tax levy share (column 9) for levy year 1991 is somewhat less than the average of $140,700 in other years. Column 9 reflects the projected annual levies if two years of interest are charged and collected on the four assessment rolls in question. However, if that interest amount is not collected and the City is required to increase its tax levy in 1991, that increased levy should not be any higher than the levies required for the other years. City of Shakopee, Minnesota September 28, 1990 The bonds will be dated December 1, 1990, with annual principal maturing February 1, 1992 through 2002. The first interest payment will be due August 1, 1991, in the estimated amount of $84,175. This will be payable from first-half taxes and special assessments collectible in 1991. The principal and interest payment due February 1, 1992, will be payable from second-half 1991 collections and surplus first-half collections. This cycle will continue for the life of the bonds. The City will be required to make a levy this fall of approximately $140,200, including the mandated 5% overlevy. The interest rates used in column 4 of Appendix III are those rates we would expect to see if the bonds were sold today. As you are no doubt aware, we are in a period of rising interest rates caused by economic uncertainties domestically and in the Persian Gulf. Therefore, interest rates bid on the bonds on the actual day of sale may be higher than those shown here. This would result in higher annual tax levies for the City. We are recommending that bonds maturing in the years 2000-2002 be callable at the option of the City as early as February 1, 1999. This will permit the City to prepay the bonds if you receive substantial prepayments of assessments. These bonds are subject to the Tax Reform Act of 1986 and its 1989 amendments. Part of that act requires the City to rebate any arbitrage profits earned on the issuance of tax-exempt bonds. There are certain exemptions from the rebate requirement including the small issuer exemption for municipalities issuing less than $5 million of tax-exempt bonds during the calendar year. We understand Shakopee will meet this exemption and therefore no rebate requirement will be necessary. The bonds will require a rating from Moody's Investors Service which will be undertaken approximately 10 days prior to the sale. Moody's will bill the City separately for that rating. We are recommending the bonds be offered for sale on Tuesday, November 6, with bids to be received in the offices of Springsted Incorporated at 11 :00 A.M. and presented to the Council for action at your meeting that evening at 8:00 P.M. Proceeds of the bond sale will be available to the City approximately 30 days later or in early December. Respectfully submitted, jihtSPRINGSTED Incorporated nje Page 2 APPENDIX I 1 7 City of Shakopee, Minnesota $1,930,000 General Obligation Improvement Bonds, Series 1990A Composition of Issue Net Total Less: Less: Less: Less: Bonding Amount Date Project Costs' State Aid Water Fund Stor■ Fund Sewer Fund Amount Assessed Assessed 88-7 A11ey-55 $8,117 $6,117 $5,868 3/20/90 89-1 Alley-81 14,991 7,655 7,338 8,478 3/20/90 89-3 Al1ey-7 10,351 10,351 10,378 3/20/90 89-8 Alley 102 8,203 8,203 6,160 3/20/90 89-5 3rd 1,117,500 128,965 114,200 180,325 714,010 180,045 9/4/90 89-7 Killhar 171,950 171,950 78,145 10/90 90-5 Lewis 634,400 75,000 25,000 100,000 434,400 113,000 12/90 90.2 Vier. Water 128,530 34,270 94,260 94,260 12/90 90-3 Adams/4th 201,000 69,000 132,000 132,000 12/90 90.8 Val IND N 305,300 305,300 305,300 1/91 Subtotal $2,596,342 $69,000 $238,235 $148,855 $280,325 $1,881,927 $931 ,634 Add: Issuance Costs 22,983 Underwriters Discount ($13/bond) 25,090 Total Bond Issue $1,930,000 •Includes construction, engineering and administrative costs. Prepared 09/25/90 SPRINOSTED Incorporated Page 3 r 40 APPENDIX II et N et to r` O T C) et et CO C) ,--i ' T 07 et to CD r` C) O T N N C O a . co CO I- (D 1C) er co co N T C1 -.•i /C) 73 /0 0 ' N4.- T T T r T T T r T }J C) CO T E .• L — O Lt) O 0 L et N Q r\ N 0 w.. • C- . 4' dP CO et CO I Cr) T CO U•) CO CO to 'i- L 0 >,CO V) 0 N- C) 0 T N •lt tf) (D N- CO et +' (7) O Cl.) 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C ' C') C') C') C) C) Cr) C) C) Cr) C) 0 C CC CO E O CD m C L C > 0.. ' C O C4 ,-1 L ++ 3 Q C E ^►-' E CD Cl) CD • CA }r a0 m 0 L rNCr) vir LI) CD1� CO0) 0r O - Cl) m CII ' 0) 0) CJ) C7) 0) CT 0) 0) 0) 0 0 Y C7 N .-1 m ' 0 Cn C) 0 CA 0) CD 0) 0) 0 0 cII Q '--1 >- ' N N L O 0 V) CO 0 '0 0 O m '4- ^+, H O Cr) m C L ' 0rNCr) LI) CDN. CO0) 0 F- >,CJ) r, +4 CO ' O C7) 0) ) a) 0 CI) 0) 0) 0) 0 +-, ^ O .-C m 0) CA 0 CD a) 0) CJ) a) C) 0) 0 ▪ r L +i } , N U Cf! O. LL. Page 7 APPENDIX III //( 41 City of Shakopee, Minnesota Prepared September 25, 1990 $1 ,930,000 G.O. Improvement Bonds, Series 1990A By SPRINGSTED Incorporated Dated: 12- 1 -1990 Mature: 2- 1 Total Projected Total Year of Year of Principal 105% Assessment Net Levy Mat . Principal Rates Interest & Interest of Total Imcome Requirement (1 ) (2) (3) (4) (5) (6) (7) (8) (9) 1990 1992 45,000 6.10% 147,307 192,307 201 ,922 61 ,705 140,217 1991 1993 175,000 6.15% 123,518 298,518 313,444 227, 151 86,293 1992 1994 175,000 6.20% 112,755 287,755 302,143 161 ,995 140, 148 1993 1995 180,000 6.30% 101 ,905 281 ,905 296,000 154,076 141 ,924 1994 1996 185,000 6.40% 90,565 275,565 289,343 146, 155 143, 188 1995 1997 185,000 6.50% 78,725 263,725 276,911 138,237 138,674 1996 1998 190,000 6.60% 66,700 256,700 269,535 130,318 139,217 1997 1999 195,000 6.70% 54,160 249,160 261 ,618 122,400 139,218 1998 2000 200,000 6.80% 41 ,095 241 ,095 253,150 114,481 138,669 1999 2001 210,000 6.85% 27,495 237,495 249,370 106,545 142,825 2000 2002 190,000 6.90% 13,110 203, 110 213,266 69,935 143,331 TOTALS: 1 ,930,000 857,335 2,787,335 2,926,702 1 ,432,998 1 ,493,704 Bond Years: 12,876.67 Annual Interest: 857,335 Avg. Maturity: 6.67 Plus Discount: 25,090 Avg. Annual Rate: 6.658% Net Interest: 882,425 N. I .C. Rate: 6.853% Interest rates are estimates; changes may cause significant alterations of this schedule. The actual underwriter's discount bid may also vary. Page 8 OFFICIAL TERMS OF OFFERING $1,930,000 CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1990A Sealed bids for the Bonds will be received by the City Finance Director or his designee on Tuesday, November 6, 1990, until 11 :00 A.M., Central Time, at the offices of SPRINGSTED Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 8:00 P.M., Central Time, of the same day. DETAILS OF THE BONDS The Bonds will be dated December 1, 1990, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1991. Interest will be computed on the basis of a 360-day year of twelve 30-day months and will be rounded pursuant to rules of the MSRB. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature February 1 in the years and amounts as follows: 1992 $ 45,000 1996 $185,000 2000 $200,000 1993 $175,000 1997 $185,000 2001 $210,000 1994 $175,000 1998 $190,000 2002 $190,000 1995 $180,000 1999 $195,000 OPTIONAL REDEMPTION The City may elect on February 1, 1999, and on any day thereafter, to prepay Bonds due on or after February 1, 2000. Redemption may be in whole or in part and if in part, at the option of the City and in such order as the City shall determine and within a maturity by lot as selected by the registrar. All prepayments shall be at a price of par and accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance various public improvement projects within the City. TYPE OF BID Bids shall be for not less than $1,904,910 and accrued interest on the total principal amount of the Bonds, and shall be accompanied by a certified or cashier's check in the amount of $19,300, payable to the order of the City. No bid will be considered for which said check has not been received. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the Page 9 purchaser fails to comply with the accepted bid, said amount will be retained by the City. No bid can be withdrawn after the time set for receiving bids unless the meeting of the City scheduled for award of the bids is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional bid will be accepted. AWARD The Bonds will be awarded to the bidder offering the lowest dollar interest cost to be determined by the deduction of the premium, if any, from, or the addition of any amount less than par, to the total dollar interest on the Bonds from their date to their final scheduled maturity. The City's computation of the total net dollar interest cost of each bid, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non- substantive informalities of any bid or of matters relating to the receipt of bids and award of the Bonds, (ii) reject all bids without cause, and, (iii) reject any bid which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the bidder, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUS1P Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, Page 10 ld- the purchaser shall be liable to the City for any loss suffered by the City by reasons of the purchaser's non-compliance with said terms for payment. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement as required by Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement and the Official Bid Form or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting an Official Bid Form therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 80 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter executing and delivering an Official Bid Form with respect to the Bonds agrees thereby that if its bid is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated October 9, 1990 BY ORDER OF THE CITY COUNCIL /s/Judith Cox Clerk Page 11 • -I - NT / L-L.) MEMO TO: Dennis Kraft, City Administrator 7))3.3DI FROM: Dave Hutton, Public Works Director SUBJECT: 2nd Avenue, Spencer Street to Naumkeag Street DATE: October 3 , 1990 INTRODUCTION: Attached is Resolution No. 3295, which orders a Feasibility Report prepared for 2nd Avenue from Spencer Street to Naumkeag Street. BACKGROUND: Recently the City Council of Shakopee adopted the 5-Year Capital Improvements Plan. Within the 5-Year Plan, staff also made recommendations as far as what projects should be completed in 1991. One of those projects recommended by staff was the completion of 2nd Avenue from Spencer Street to Naumkeag Street. Several months ago the City Council also made a commitment to upgrade all gravel roads within the City of Shakopee by either paving them or vacating them. A 5-Year Plan was adopted by Resolution to upgrade these remaining gravel roads. The first project listed in that plan was the 2nd Avenue Project from Spencer Street to Naumkeag Street and it was proposed to upgrade this by pavement in 1991. Therefore, since 2nd Avenue was the first street recommended for upgrading in the gravel report, it was also included in the 5-Year Plan recently adopted by Council. Staff is now seeking permission to do a feasibility report on this project in order to address the alternatives and proposed improvements. The main question regarding this street is whether or not it should be constructed as two one-way streets on either side of the railroad tracks or a single two-way street on one side of the tracks or some other combination. In addition, the assessments for this project will be need to be reviewed and alternatives proposed since the railroad will probably not be able be assessed for part of this project. Staff is already looking at alternative financing methods that can be utilized for low income families along this route and this issue will be coming to Council as a separate item prior to the feasibility report being completed and prior to any public hearing on this project. Attached is Resolution No. 3295, which orders a feasibility report for 2nd Avenue from Spencer Street to Naumkeag Street. ALTERNATIVES: 1. Adopt Resolution No. 3295 . 2 . Deny Resolution No. 3295. 3 . Table Resolution No. 3295 . . RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3295, A Resolution Ordering the Preparation of a Report on an Improvement to 2nd Avenue from Spencer Street to Naumkeag Street and move its adoption. DH/pmp MEM3295 RESOLUTION NO. 3295 A Resolution Ordering The Preparation Of A Report On An Improvement To 2nd Avenue From Spencer Street To Naumkeag Street WHEREAS, it is proposed to improve 2nd Avenue from Spencer Street to Naumkeag Street by Pavement, Curb & Gutter, Water and Storm Sewer where necessary and to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to David E. Hutton, Public Works Director for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 19 City Attorney cOi\! SEi1 "u /I MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Jackson/Harrison Streets DATE: October 3 , 1990 INTRODUCTION: Attached is Resolution No. 3296 which orders the Feasibility Report prepared for Jackson/Harrison Streets between 11th Avenue and 12th Avenue. BACKGROUND: Recently, the City Council of Shakopee adopted the 5-Year Capital Improvements Program. Included in that plan, staff had made recommendations on the proposed projects for 1991. One of the projects proposed by staff was the reconstruction of Jackson/Harrison Streets, between 11th Avenue and 12th Avenue. Jackson and Harrison Streets, between 11th Avenue and 12th Avenue has experienced extreme pavement deterioration and frost heaves over the last 5 to 6 years. It is quite clear that there is either a drainage problem or inappropriate subgrade to support the road. Soil borings will need to be obtained in order to determine whether or not a geotextile fabric is needed to support this road or whether the subgrade needs to be subcut and replaced with good material in order to eliminate the frost heave problem. These two blocks of Jackson/Harrison Streets have been eliminated from the Pavement Preservation Program and has had no sealcoat or overlay since the problem was discovered. This would be considered a reconstruction and would be assessed 25%. There may need to be an adjustment made to that 25% because the streets may or may not have reached their 20 year service life as stated in the Assessment Policy. If not, the 25% would be adjusted downward accordingly. The first step in determining the extent of the project is to order a feasibility report. Attached is Resolution No. 3296, which orders staff to prepare a feasibility report on this project. ALTERNATIVES: 1. Adopt Resolution No. 3296. 2 . Deny Resolution No. 3296. 3 . Table Resolution No. 3296. l,, 442- RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3296, A Resolution Ordering the Preparation of a Report on an Improvement to Jackson/Harrison Streets Between 11th Avenue and 12th Avenue and move its adoption. DH/pmp MEM3296 //9V! RESOLUTION NO. 3296 A Resolution Ordering The Preparation Of A Report On An Improvement To Jackson/Harrison Streets Between 11th Avenue and 12th Avenue WHEREAS, it is proposed to improve Jackson/Harrison Streets between 11th Avenue and 12th Avenue by Street Reconstruction and to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to David E. Hutton, Public Works Director for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 19 City Attorney - %10MC \J- MEMO EMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Shumway Street, 3rd Avenue to 6th Avenue Scott Street, 6th Avenue to 7th Avenue DATE: October 3 , 1990 INTRODUCTION: Attached is Resolution No. 3297 , which orders a Feasibility Report prepared for Shumway Street, 3rd Avenue to 6th Avenue including Scott Street, 6th Avenue to 7th Avenue. BACKGROUND: Recently the City Council of Shakopee adopted the 5-Year Capital Improvements Plan. As part of that plan, staff had made recommendations as far as which projects should be completed in 1991. Shumway Street between 3rd Avenue and 6th Avenue and Scott Street between 6th Avenue and 7th Avenue were recommended for total reconstruction in 1991 due to their deteriorated condition. Attached is Resolution No. 3297 which orders a feasibility report for these two streets. ALTERNATIVES: 1. Adopt Resolution No. 3297 . 2 . Deny Resolution No. 3297 . 3 . Table Resolution No. 3297 . RECOMMENDATION: Staff recommends Alternative No. 1 . ACTION REQUESTED: Offer Resolution No. 3297, A Resolution Ordering the Preparation of a Report on an Improvement to Shumway Street, 3rd Avenue to 6th Avenue and Scott Street, 6th Avenue to 7th Avenue and move its adoption. DH/pmp MEM3297 ?>1 ff RESOLUTION NO. 3297 A Resolution Ordering The Preparation Of A Report On An Improvement To Shumway Street, 3rd Avenue to 6th Avenue And Scott Street, 6th Avenue to 7th Avenue WHEREAS, it is proposed to improve Shumway Street, 3rd Avenue to 6th Avenue and Scott Street, 6th Avenue to 7th Avenue by Street Reconstruction and to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to David E. Hutton, Public Works Director for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 19 City Attorney by A,, ,/;Q )- MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: New Ordinance Format DATE: October 4, 1990 From time to time in the past the City Council has expressed an interest in having certain agenda materials presented in a shorter and more concise format. Therefore, in response to that interest, a new format will be utilized for the presentation of ordinances. The following ordinances will include a completed copy of the ordinance, a brief explanation of the purpose of the ordinance and remarks on the ordinance, and an action requested. EXPLANATION TO ORDINANCE 293 ORIGINATING DEPARTMENT: City Attorney PURPOSE: To provide a consistent, straight-forward means of postponing or rescheduling City Council meetings. REMARKS: From time to time it is inconvenient or impossible for a quorum of the City Councilmembers to meet at a regularly scheduled meeting date and time. Several methods of rescheduling are possible. For example, fewer than a quorum of Councilmembers could attend, then postpone the meeting. Or, a motion may be made at one meeting to reschedule another. A third alternative, set forth in the proposed ordinance, will simply require a resolution at a previous meeting. This allows Council to vote on the issue formally ahead of time, and provides clear notice to the public. All statutory notice requirements would still be effect. Submitted by: Approved by: City Attor ey e City A in s ator ACTION REQUESTED: Offer Ordinance NO. 293 an ordinance amending Section 2. 02 of the Shakopee City Code, Council Meetings, by adding provisions for rescheduling of regular meetings, and move its adoption. ORDINANCE NO. 293 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING Sec. 2 . 02 of the Shakopee City Code, Council Meetings, by adding provisions for rescheduling of regular meetings. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS : Section 1 - That the Shakopee City Code, Section 2 . 02 , Council Meetings, is hereby amended as follows: "SEC. 2 .02 . COUNCIL MEETINGS. Regular meetings of the Council shall be held in the Council Chambers on the first Tuesday of each month at 7 : 00 p.m. The Council may, by resolution adopted not less than one (1) week prior thereto, change its regular time of meeting. Provided, however, that if any regular meeting shall fall on a legal holiday, the meeting shall be held on the next business day. " Note: The underlined language is inserted. Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, is hereby adopted in its entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. After adoption, signing and attestation of this ordinance, it shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the day following such publication. Passed in regular session of the City Council• of the City of Shakopee, Minnesota, held this day of , , 1990 . ' Si. _ Ma or of the_ vi of - akopee Attest: \ I iL(. ` _/y- City Clerk Approved as to form: i �. . ! City Attorney Published in the Shakopee Valley News this jr-day of , 1990 . CONSENT o EXPLANATION TO ORDINANCE 294 ORIGINATING DEPARTMENT: City Attorney PURPOSE: To amend the powers of the City Administrator to allow him to purchase items up to $5, 000.00 without further Council action. REMARKS: At its adjourned regular council meeting on September 11, 1990, the City Council approved increasing the dollar limits for each purchasing category. As a part of this change, City Council requested staff to prepare an ordinance increasing the $2, 000. 00 amount in City Code Sec. 2 . 05 Subd. 5.H. to $5, 000. 00. As a housekeeping measure, this ordinance also clarifies the language by splitting the language into two sentences. Submitted by: Approved by: 747" 41414 Cit Attorney � City Adminis ator ACTION REQUESTED: Offer Ordinance No. 294 an ordinance amending Section 2. 05 of the City Code, City Administrator, Subd. 5.H. , , relating to the duties of the City Administrator in regards to purchases, and move its adoption. ORDINANCE NO. 294 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING Section 2 . 05 of the City Code, City Administrator, Subd. 5 .H. , relating to the duties of the City Administrator in regards to purchases. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS : Section 1 - That Section 2 . 05 of the City Code, City Administrator, Subd. 5, Duties, paragraph H, is hereby amended as follows: "H. He shall purchase or enter into contracts for previously budgeted items when the amount thereof does not exceed $5 , 000 . 00 [$2 , 000. 00] . For items in excess of $5 , 000. 00 [and] he shall receive estimates, quotations, sealed bids, purchases and contracts [in excess of $2 , 000. 00] and present them to the Council for official action. " Note: The bracketed language [thus] is deleted; the underlined language is inserted. Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, is hereby adopted in its entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. After adoption, signing and attestation of this ordinance, it shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the day following such publication. Passed in regular session of the City Council of the City of Shakopee, Minnesota, held this 'l = da of , 1990. Mayor o it f Shako ee Attest: City Clerk Approved as to form: ,= _ J -- City Attorney Published in the Shakopee Valley News this %� � day of (�;•i , 1990 . 1 J /4/ EXPLANATION TO ORDINANCE 295 ORIGINATING DEPARTMENT: City Attorney PURPOSE: To provide formal responsibility and authority for correcting typographical errors and making other non- substantive changes in ordinances and resolutions. REMARKS: Despite staff's best efforts, ordinances and resolutions containing errors sometimes are presented to the City Council. This ordinance will authorize the City Attorney to make non-substantive changes in ordinances and resolutions. The City Attorney's authority is limited to changes which would not affect the intention or effect of the ordinance or resolution. Minor housekeeping changes also were made in this section of the City Code, relating to the sex of the City Attorney. Submitted by: Approved by: 40:-/-2c City AttorCity y A dministrator ACTION REQUESTED: Offer ordinance No. 295 an ordinance amending Section 2. 33 of the Shakopee City Code, Legal Department, by adding new language relating to making non-substantive changes in ordinances, and move its adoption. ORDINANCE NO. 295 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING Section 2 .33 of the Shakopee City Code, Legal Department, by adding new language relating to making non-substantive changes in ordinances. WHEREAS, from time to time typos and other non-substantive errors occur in ordinances as they are presented to the City Council; and WHEREAS, in the City Attorney should correct these errors as a part of her duty as Revisor of Ordinances. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: Section 1 - That Section 2 . 33 of the Shakopee City Code, Legal Department, is hereby amended as follows: "SEC. 2 .33. LEGAL DEPARTMENT. A Legal Department is hereby established. The Council shall appoint a City Attorney for an indefinite term, who shall be the Head of the Legal Department, together with such assistants as may be necessary. The City Attorney shall perform such duties as are required of him or her by law or referred to the City Attorney [him] by the Council. It shall be the official duty of the City Attorney to act as "Revisor of Ordinances" . In this capacity the City Attorney shall have authority to make non-substantive changes in ordinances. " Note: The bracketed language [thus] is deleted; the underlined language is inserted. Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, is hereby adopted in its entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. After adoption, signing and attestation of this ordinance, it shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the day following such publication. Passed in regular session of the City oupcil of the City of Shakopee, Minnesota, held this '9'1 day of , 1990. Mayor o • . f Shakopee CONSENT lye EXPLANATION TO ORDINANCE 296 ORIGINATING DEPARTMENT: City Attorney PURPOSE: To allow bed and breakfast facilities to have an on-sale wine license. REMARKS: At its adjourned regular session on September 18 , 1990, the City Council directed staff to prepare an ordinance which would bring our liquor license provisions into conformity with state law. During the last legislative session,the Minnesota legislature amended the liquor laws, to permit licensing of bed and breakfast facilities to serve on- sale wine. This ordinance matches the state law, and will permit such on-sale wine licenses. Submitted by: Approved by: City Attorney City Administrator ACTION REQUESTED: Offer Ordinance No. 296 an ordinance amending Section 5 . 40 of the City Code, On-Sale Wine License , Subd. 3 .D. , by adding language relating to bed and breakfast facilities and move its adoption. / /If ORDINANCE NO. 296 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING Section 5. 40 of the City Code, On-Sale Wine License, Subd. 3 .D. , by adding language relating to bed and breakfast facilities. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS : Section 1 - That Sec. 5 . 40 of the Shakopee City Code, On- Sale Wine License, Subd. 3 , Wine License Restrictions, paragraph D, is hereby amended as follows: "D. No wine license shall be issued to an applicant other than a restaurant, as defined in the City Code, or licensed bed and breakfast facility. Provided, however, for purposes of this Section, such restaurant shall have appropriate facilities for seating not less than thirty guests at one time. An on-sale wine license may be issued to a bed and breakfast facility with the approval of the Minnesota commissioner of public safety. Such license authorizes a bed and breakfast facility to furnish wine only to registered quests of the facility. " Note: The bracketed language [thus] is deleted; the underlined language is inserted. Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, is hereby adopted in its entirety by reference, as though repeated verbatim herein. In addition Section 5 . 99, Violation A Misdemeanor, is hereby adopted in its entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. After adoption, signing and attestation of this ordinance, it shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the day following such publication. Passed in regular session ofe City Council of the City of Shakopee, Minnesota, held this � "" day of 6:-(776L ) , 1990 . i ... ,� cot,' Mayor o t Caty of Shakopee