HomeMy WebLinkAbout01/22/1991 MEMO TO: Honorable Mayor and City Council
FROM: Dennis R. Kraft, City Administrator
RE: Non-Agenda Informational Items
DATE: January 18, 1991
1. Attached is the Police Newsletter for City Council review.
2 . Attached is a memorandum from the Finance Director regarding
features of light trucks.
3 . Attached are the December 8, 1990 minutes of the Shakopee
Community Youth Building Committee Meeting.
4 . Attached are the December 3rd, 18th, 21st, 1990 and January 2 ,
1991 minutes of the Shakopee Public Utilities Commission
meetings.
5 . Attached is a memorandum from the Building Official regarding
the congregate dining lease.
6 . Attached are the November 28 , 1990 minutes of the Energy and
Transportation Committee meeting.
7 . Attached are the November 28, 1990 minutes of the Shakopee
Community Development Commission meeting.
8 . Attached is the bill summary through October 31, 1990 from
Krass and Monroe.
9 . Attached is a correspondence from the Government Finance
Officers Association regarding a Certificate of Achievement
for : Gregg,, M. Voxland, Finance Director.
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TO: Dennis R. Kraft, City Administrator
FROM: Gregg Voxland, Finance Director
RE: Features of Light Trucks INFORMATIONAL
DATE: January 9, 1991
Following the discussion at last nights Council meeting on the equipment features
of a pickup truck, I thought some background information might be of interest to
Council. The following is a recap of the air conditioning and transmission
features of the Hennepin County light truck contract recently awarded.
TYPE OF UNIT QUANITY W/AC W/AUTO TRANS
Compact pickup 5 1 2
1/2T pickup 12 5 12
1/2T 4x4 pickup 7 3 7
3/4T pickup 8 0 8
3/4T 4x4 pickup 7 1 7
3/4T chassis cab 3 0 3
1T pickup 1 0 1
1T 4x4 pickup 3 0 3
1T 4x4 chassis cab 7 0 7
1/2T cargo van 4 1 4
3/4T cargo van 3 1 3
1T cargo van 1 0 1
5 passenger van 1 1 1
12 pasenger van 3 3 3
15 passenger van 1 1 1
1/2T carryall 3 3 3
3/4T carryall 8 8 8
14,500 GVW chassis cab 3 0 3
1T step van 3 2 3
Compact utility 4x4 3 3 3
Utility 4x4 1 1 1
Crewcab 4x4 1 1 1
TOTAL 88 35 85
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SHAKOPEE COMMUNITY YOUTH BUILDING COMMITTEE MEETING
MINUTES: DECEMBER 8, 1990
9: 00 - 9: 45 A.M.
MEMBERS PRESENT: LaVern Johnson, Gwen Marie Solseth, Joyce
Bassinger
Minutes from the meeting of November 10, 1990 were approved by the
members present.
OLD BUSINESS:
Vacancies on the Committee are still a concern.
LaVern will send a thank-you letter to the VFW for the funds for
the breaker bars.
NEW BUSINESS:
Purchase of a snow shovel and ice scraper for the Building was
approved.
The Annual Report is due February 2, 1991.
The meeting adjourned at 9: 45 a.m.
The next meeting of the Shakopee Youth Center Building Committee
is scheduled for Saturday, January 12, 1991 at 9 : 00 a.m.
#y
MINUTES
OF THE
SHAKOPEE PUBLIC UTILITIES COMMISSION
The Shakopee Public Utilities Commission convened in regular
session on December 3 , 1990 at 4 : 30 P.M. in the Utilities meeting
room.
MEMBERS PRESENT: Commissioners Kephart , Cook and Kirchmeier.
Also Liaison Wampach, Manager Van Hout and Secretary Menden .
Motion by Kephart , seconded by Kirchmeier to approve the
minutes of the November 5 , 1990 regular meeting. Motion carried.
BILLS READ:
Copy Equipment , Inc . 3 . 74
Ditch Witch of Minnesota, Inc . 261 . 19
Donovan Construction 20 , 622 . 69
Door Works 192 . 36
Glenwood Inglewood 24 . 97
Gopher State One-Call, Inc . 386 . 00
Graybar Electric Co. , Inc . 13 , 399 . 00
HDR Engineering, Inc . 3 , 316 . 99
Harmons Hardware 143 . 76
Leef Bros . , Inc . 23 . 50
McGrann Shea Franzen Carnival Straughn 3,429 . 57
Minnesota Environmental Quality Board 226 . 99
Metro Sales, Inc . 110 . 56
Minnesota Valley Testing Laboratories, Inc . 32 . 00
Ted Neisen 35 .85
Northern Automotive, Inc . 67 .08
Northern States Power Co. 399 , 507 . 91
Northern States Power Co. 332 . 32
Northern States Power Co. 1 ,049 . 89
Pitney Bowes 27 . 75
Reynolds Welding Supply Co. 31 .74
River Electric Association 14 ,806 . 50
Dan Routson Chev Pontiac Olds Geo 162 . 75
Schiltz Ornamental Iron 10.00
Scott County Sheriff Communications 442 . 20
Sensus Technologies,Inc . 75 . 10
Shakopee Public Utilities Commission 123 . 49
Shakopee Services, Inc . 43 . 46
Southwest Suburban Publishing, Inc. 89 .00
Star and Tribune 238 . 00
Starks Cleaning Services , Inc . 68 . 00
T & R Service 20 . 00
Vision Energy Resources , Inc . 25 . 24
Lou Van Hout 96 . 34
Van 0 Lite , Inc . 340 . 95
Water Products Company 2 , 716 . 88
Westinghouse Electric Supply Co . 132 . 00
Yarusso ' s Hardware Co . 84 . 20
City of Shakopee 20 , 032 . 00
American Water Works Association 66 . 00
American Safety Utility Corp . 174 . 92
Association of Metropolitan Municipalities 120 . 00
B & B Transformer , Inc . 165 . 00
Barry Office Products Co . 37 . 62
Battery Tire and Warehouse , Inc . 36 . 00
R .W. Beck and Associates 5 , 054 . 74
Berens Market 83 . 30
Bills Toggery, Inc . 115 . 47
Border States Industries , Inc . 4 , 310 . 87
Burmeister Electric Company 1 , 509 . 85
Business Outfitters , Inc . 273 . 61
Citizens State Bank 13 , 360 . 00
Motion by Cook, seconded by Kirchmeier that the bills be
allowed and ordered paid . Motion carried.
The Shakopee Public Utilities employees were present to
present their wage requests for 1991 .
Liaison Wampach gave his report . The bill from the
Attorney General ' s office has been received by City Hall therefore
they are expecting a decision shortly on the appointment for
Jim Kephart .
Ken Feldberg from Valley Fair was present to discuss the
water service . They are looking into an expansion at this time
along with an upgrade of their water system.
Motion by Kirchmeier, seconded by Kephart that the
Shakopee Public Utilities Commission due to the uniqueness of
the Valley Fair Park, not require water main to be run in
front of the property. Motion carried.
An update of the service area acquisition was given by
Manager Van Hout . Various cost and accounting procedures were
given by Manager Van Hout .
There were no new plats for November, 1990 .
There were three fire calls for a total man hours of
three hours for November, 1990 .
There were no lost time accidents for the month of November,
1990.
Motion by Kirchmeier, seconded by Kephart to adjourn
to special session on December 4, 1990 at 6 : 15 P.M. in the
Utilities meeting room.
The next regular meeting of the Shakopee Public Utilities
Commission will be held on January 7 , 1991 in the Utilities
meeting room.
Barbara Menden,—Commission Secretary
MINUTES
OF THE
SHAKOPEE PUBLIC UTILITIES COMMISSION
The Shakopee Public Utilities Commission convene,-1 in special
session on December 18 , 1990 in the Utilities meeting.
MEMBERS PRESENT : Commissioners Jim Kephart , Barry Kirchmeier
and Jim Cook. Also present Manager Van Hout and Ade Mussell of
Cooperative Power .
Meeting called to order by President Kephart at 4 : 30 P .M. .
Mr . Mussell conveyed his position on the issue of the power
supply from Cooperative Power to Shakopee. A short discussion
followed.
Mr. Mussell left the meeting.
Motion by Kirchmeier, seconded by Cook to approve the 1991
budget . Motion carried.
Motion by Kephart , seconded by Kirchmeier to authorize the
personnel positions contained in the December 18, 1990 memo from
Manager Van Hout . Motion carried.
Motion by Kirchmeier, seconded by Kephart that the meeting be
adjourned. Motion carried. Meeting adjourned at 5 : 30 P.M.
L—)u `
Barbara Menden, C mm' ssion Secretary
ATTEST:
L Van Hout , Manager
MINUTES
OF THE
SHAKOPEE PUBLIC UTILITIES COMMISSION
The Shakopee Public Utilities Commission convened in
special session on December 21 , 1990 at 4 : 30 P.M. in the
Utilities meeting room .
MEMBERS PRESENT: Commissioners Cook, Kirchmeier and Wampach.
Also Manager Van Hout .
Meeting opened at 4 : 30 P.M. Meeting was posted and
is in order.
Motion by Kirchmeier, seconded by Wampach to appoint
Jim cook as president of the Shakopee Public Utilities
Commission to serve out the remaining time of Jim Kephart
as President . Motion carried.
Motion by Kirchmeier, seconded by Cook to offer Resolution
#364 A Resolution Regulating Salaries . Ayes: Commissioners
Cook, Kirchmeier and Wampach. Nayes: none. Resolution
passed. Motion carried.
Discussion of Power Supply from Cooperative Power followed.
Manager Van Hout will draft a Resolution to Jim Kephart in
appreciation of his services .
Motion by Cook, seconded by Kirchmeier that the meeting be
adjourned. Motion carried.
)1.01.61 (AM
Barbara Menden, C ission Secretary
ATTEST:
L an Hout , Manager
)4
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MINUTES
OF THE
SHAKOPEE PUBLIC UTILITIES COMMISSION
The Shakopee Public Utilities Commission convened in
special session on January 2 , 1991 at 6 : 30 P.M. in the
Utilities meeting room.
MEMBERS PRESENT: Commissioners Kirchmeier and Cook .
Commissioner Wampach was absent . Also Manager Van Hout .
Meeting opened at 6 : 30 P .M. Meeting was posted by Secretary
and is in order .
Motion by Kirchmeier, seconded by Cook to offer Resolution
4368 A RESOLUTION ESTABLISHING RATES FOR ELECTRIC SERVICE IN
AREA ACQUIRED FROM MINNESOTA VALLEY ELECTRIC COOPERATIVE.
Ayes : Commissioners Kirchmeier and Cook. Nayes : none. Resolution
passed. Motion carried.
Motion by Kirchmeier, seconded by Cook that the meeting be
adjourned. Motion carried .
Barbara Menden,—Co fission Secretary
ATTEST:
LdU Van Hout , Manager
Memo To: Council/Administrator
From: LeRoy Houser, Building Official
Subject: Congregate Dining Lease
Date: 1/7/91
INTRODUCTION
Attached, a copy of the congregate dining lease between the owner
of Levee Drive apartments and the City of Shakopee.
You will note that at the expiration of this last lease renewal for
$1 . 00 per year, (12•-1-94) the rental rate will be based on what
is referred to in the lease document as "market rent" .
This could very well be in the range of $1, 000 . 00 per month
depending on what the owner intends to use a bench mark for "market
rents" .
This program currently costs the City of Shakopee approximately
$12 , 000. 00 per year. With a rent escalation you may be paying
$24 , 000 . 00 per year to maintain this program.
I have checked with neighboring communities about their
participation in congregate dining programs in their cities.
None of them with the exception of Belle Plain participate in this
program. Belle Plain donates about $7, 000. 00 per year for rental
space.
I know the renewal period is quite a ways in the future however,
many of you are unaware of the existence of a lease document or
what the extent of our involvement in this program is or what our
obligations are.
Because our future costs for this program could be quite high, a
number of things should be investigated near lease renewel time.
They are: (1) Should Scott Carver take the program over and assume
the costs as they do in most other communities? . (2) Appoint a
committee to negotiate the lease amount on this facility six months
in advance of the expiration of the lease, should Council decide to
continue to participate in this program. or; (3) possibly look for
a different location that has a rent schedule more affordable or
possibly look into contract services with a local restaurent.
ACTION_REQUESTED
No action requested at this time, this is an information item only.
LEASE AGREEMENT
THIS INDENTURE, made and entered into this 18th day of December,
1979, by and between 200 LEVEE DRIVE ASSOCIATES, LTD. , a Minnesota limited
partnership (hereinafter referred to as "Lessor"), and the CITY OF SHAKOPEE,
MINNESOTA, a Minnesota municipal corporation (hereinafter referred to as
"Lessee");
WITNESSETH THAT:
WHEREAS, Lessor proposes to construct on certain property located
in the City of Shakopee, County of Scott, State of Minnesota, legally
described on Exhibit A, attached hereto and made a part hereof, a housing
development for occupancy by elderly persons (the "Development") ; and
WHEREAS, Lessee desires to use a portion ,of the Development for
a senior citizen center.
NOW, THEREFORE, in consideration of the mutual promises and agree-
ments herein contained, the parties hereto hereby agree as follows:
1 . The Premises. Lessor does hereby demise, lease, and let unto
Lessee, and Lessee does hereby hire and take from Lessor, that portion of
';. the Development consisting of approximately ) 3Y-3 square feet on the ground
floor of the Development identified on the Floor Plan attached hereto as
Exhibit B and made a part hereof (the "Premises").
2. Construction of the Premises. Lessor expects to commence
construction of the Development on or about January, 1980, and expects to
complete the Development on or about December, 1980. Performance of this
Lease shall be contingent upon Lessor's completion of the Development on or
before December 1 , 1981 . At or prior to completion of the Development,
Lessor shall cause the Premises to be prepared for occupancy by Lessee in
accordance with the Specifications therefor attached hereto as Exhibit C
and made a part hereof. "Completion" shall be determined by the certificate
thereof issued by Lessor's mortgagee, the Minnesota Housing Finance Agency
(the "MHFA"); and the "Completion Date" shall be the date MHFA shall certi-
fy that the Development and the Premises have been completed in accordance
with the Plans and Specifications on file with MHFA. As soon as
possible , the Lessee shall work with the Lessor to seek grants
to pay for the installation on the Premises of the equip-
ment, furnishings and other items identified on Exhibit D
attached hereto and made a part hereof. Lessor acknowledges that
Lessee shall not be financially obligated .to pay for such equipment, furnish-
ings and other items or installation thereof. Lessor shall attempt to allow
Lessee to enter on the Premises prior to the Completion Date for the purpose
of installing such equipment and other items; provided, however, that such
entry by Lessee shall not interfere with the completion of construction in
accordance with established timetables.
3. The Term. The term of this Lease shall be five (5) years
commencing on the Completion Date and continuing .thereafter. to and until
the last -clay of the sixtieth (60th) month after the .Completion Date.
; .. 4. Permitted Uses. _Lessee shall .be entitled to the nonexclu-
sive use of the Premises for the purpose ofproviding a meeting center,
arts and crafts center, dining facility and ,.other uses. Lessee may enter
into agreements with any senior citizen organization or any other organiza-
tion providing services or programs for senior citizens for the use of the
Premises and may charge any such organization a fee for the use of the
Premises. Lessee may enter into agreements-with any organization furnish-
ing a meal program for senior citizens to serve meals in the Premises.
Any group or organization using the Premises will be required to be respon-
sible for the cleanup of the Premises after each use and will be responsible
for breakage of any equipment used or any excessive wear and tear. Lessee
shall make this a condition of any permitted use of the Premises. No use
of the Premises by any other organization shall relieve Lessee of its obli-
gations hereunder. No activities shall be carried on within the Premises
_before 6:00 A.M. or after 10:00 P.M. of any day without Lessor's prior written
approval. Lessee agrees that its leasing of the Premises is not exclusive
and that Lessor's tenants shall have the right to use the Premises, equipment
and furnishings in common with Lessee and senior citizens living outside the
Development. In order to assure that both the tenants of the Lessor and the
senior citizens living outside the Development are each reserved sufficient
time and space to have some activities separate and apart from the other groups
using the facility, an Advisory Council will be appointed to adopt rules and
regulations for the orderly use and maintenance of the Premises and for the
scheduling of activities. The Advisory Council will consist of a represen-
tative from the Lessee, a representative of the Lessor's tenants and the
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Resident Manager of the Development. If a dispute arises over the use or
maintenance of the Premises, the matter shall be referred to a conference
with the Mayor of the City of Shakopee and the Lessor or their respective
representatives. Lessee's use shall be further subject to such reasonable
rules and regulations as Lessor, or its management agent, may enact for
. the general safety and welfare of the persons who shall use the Development.
5. Rental. As and for rental of the Premises, Lessee agrees to
pay Lessor at Lessor's offices in Shakopee, Minnesota, or at such other
place as Lessor shall direct in writing, a fixed annual rental of One Dollar
($1.00) per year payable in advance on the Commencement Date of this Lease
and on each anniversary of such date. As additional rent, Lessee shad pay
utilities, insurance, taxes and other costs imposed by this Lease upon
Lessee.
6. Utilities. Lessor shallfurnish heat to the PrPmises and
shall furnish electrical outlets for the Premises. The electricity for
the Premises and the natural gas for the stoves in the kitchen shall be
separately metered and paid for by the Lessee. If possible, the cost of
the gas and electricity for the Premises will be billed directly to the
Lessee by the utility companies. Lessee shall pay. the cost of any telephone
in the Premises. Lessor shall provide water and sanitary sewer facilities.
Lessee shall pay to Lessor, within twenty (20) days- of billing by Lessor,
Lessee's share of the cost of heat, sewer, water and other utilities not .
separately metered to Lessee, but used within the Premises, which share is
hereby determined to be 4.62% of the total of such costs.
7. Relationship of the Parties. It is expressly agreed and
understood that. the relationship between the parties hereto is and shall at
all times remain that of Lessor and Lessee. Neither party shall be construed
to be a partner or associate of the other in the conduct of its affairs, nor
shall either party be liable for any debts incurred by the other party in
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the conduct of its activities. Nothing herein shall be deemed to obli-
gate either party to participate in or assist in the management or
operation of either party's programs, or to compel residents of Lessor's
facilities to use or participate in Lessee's programs.
8. Responsibility for Maintenance and Repair of the Premises.
During the term of this Lease, Lessor shall maintain the structural
portion of the Development, including all heating and other mechanical
and electrical systems serving the Premises. Lessee shall maintain and
repair the Premises and keep the same in a neat, clean and orderly condi-
tion, and shall be responsible for compliance with all appl ' bl
ordinances, rules and regulations of governmental bodies. Lessee
shall further be responsible and shall pay for all costs of trash
removal , extermination service, maintenance, repair and replacement of
equipment, restrooms, heating and ventilating equipment, light fixtures,
light bulbs, florescent fixture ballasts, and other items located within
the Premises. After the initial installation pursuant to Paragraph 2
hereof, Lessee shall attempt to secure for the Premises sufficient
)kitchen equipment, pots and pans, dishes and furniture as may be neces-
sary to operate the same as a senior citizen center, but shall not be
financially obligated to supply such equipment. Should Lessee fail to
perform the requirements of this Lease, Lessor shall have the right to
perform such services on behalf of Lessee and the amount expended by
Lessor for such activities shall be additional rent hereunder.
9. Alterations. Lessee shall not make any alterations,
additions or improvements to the Premises, nor permit any person to
perform or do any remodelling, reconstruction, new construction, or
other improvement to the Premises or the Development without first
obtaining the prior written consent of Lessor and MHFA. Any work per-
formed by or at the request of Lessee shall be performed free and clear
of all claims for mechanics' liens and Lessee shall promptly satisfy
any mechanic's lien which may attach to or against the Development or
the Premises. Lessee shall from time to time cause the interior of
the Premises to be repainted, cleaned or refloored in order that the
Premises and the Development will be maintained in a comparable fashion.
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10. Insurance. Lessor shall , at its cost and expense, maintain
fire and extended coverage insurance on the Development and liability
insurance in the minimum amounts of $250,000 for injury or death to any
one person and $500,000 for injury or death resulting from any one occur-
rence. Lessee shall maintain contents insurance on all equipment, furni-
ture and furnishings located within the Premises and shall maintain -
liability insurance in an aggregate amount of $300,000 per occurrence.
Lessor's and Lessee's policies of liablity insurance shall each name the
other as additional insured and shall each contain waivers of subrogation
rights. All insurance policies shall have mortgagee clauses in favor of
Lessor's mortgagee. Lessee shall maintain workmen's compensation insur-
ance covering all of its employees to the extent required by law.
11 . Real Estate Taxes. Lessor intends to make application for
real estate tax abatement for the Development, as provided by Minnesota
Statutes g 271 .13, Subd. (17) . If the use and occupancy of the Premises
by Lessee shall cause said tax abatement to be denied to Lessor and
cause the Lessor to receive a tax statement which does not recognize said
tax abatement, then both Lessor and Lessee reserve the right to- terminate
this Lease, provided, however, that Lessee shall have the option in lieu
of said termination to pay the increased taxes and contest the denial of
said tax statement on behalf of itself and Lessor. To the extent that the
real estate taxes payable with respect to the Development shall be
increased by reason of the use to be made by Lessee of the Premises here-
under, Lessee shall pay the amount of such increase in real estate taxes
to Lessor for each assessment year during which Lessee is occupying the
Premises hereunder, such payments to be made on or before the 15th of
May and 15th of October of each year for which such taxes shall be
paid. The amount payable by Lessee with respect to such taxes shall
be determined from data supplied by local taxing authorities.
12. Destruction of Premises. If, during the term of this Lease,
the Premises shall be damaged or destroyed by fire or the elements, or
through any other cause so as to render the Premises unfit for occupancy,
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or make it impossible to conduct the regular activities of the Lessee
therein, or to such an extent that the Premises cannot be repaired with
reasonable diligence within 120 days of the happening of such damage, then
Lessor may, by written notice, terminate this Lease and Lessee shall immedi-
ately surrender the Premises and all interest therein to Lessor, and Lessee
shall pay rent only up to the time of such surrender. Should Lessor not
elect to terminate this Lease, then this Lease shall not end or terminate
on account of such damage, but rent shall not rum or accrue after the
damage and during the process of repairs, and up to the time when such
repairs shall be completed, except only that Lessee shall during such time
pay a pro rata portion of such rent applied to the portion of the Premises
which are in condition for occupancy or which may be actually occupied
during such repairing. If, however, the Premises shall be so slightly
injured by any cause aforesaid as not to be rendered unfit for occupancy,
then Lessor shall repair the same with reasonable promptness, and in that
case the rent shall not cease or be abated during such repairing period.
Lessor's obligation to repair the Development shall be contingent upon
Lessor receiving proceeds of insurance for•such purpose.
13. Eminent Domain. If any part of the Premises shall be taken
or condemned for a public or quasi-public use, and .a part thereof remains •
which is susceptible for occupation hereunder, this Lease shall, as to the
part so taken, terminate as of the date title shall vest in the condemnor,
at which time Lessee's obligations hereunder shall be adjusted proportion-
ately. - If all of the Premises, or such a great part thereof, be taken or
condemned so that there does not remain a portion susceptible for occupation
hereunder, this Lease shall terminate. All compensation awarded upon such
condemnation or taking shall belong to Lessor and Lessee shall have no claim
thereto a.=d hereby irrevocably assigns and transfers to Lessor any right
to compensation or damages to which the Lessee would otherwise become
P^~itied curing the term hereof by reason of the condemnation of all or a
part of the Premises; provided, however, Lessee may recover from the con-
demning amthority damages for taking of its equipment and personal property.
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14. Subletting or Assigning of Premises. Lessee shall not assign
this Lease or sublet the Premises without the prior written consent of Lessor,
except to the extent provided for in Paragraph 4 hereof. Any assignment,
sale, bankruptcy or insolvency of Lessee may, at the option of Lessor, be
considered as an assignment within the meaning of this Lease or as a
breach of the covenants hereof. Assignment or subletting without first
obtaining Lessor's written consent and endorsement will authorize Lessor,
at its sole option, to terminate the tenancy created hereunder and to re-enter
and take possession of the 'Premises without such re-entry- constituting an
election of remedies or a waiver of money damages. - - -
15. Subordination. This Lease shall be subject and subordinate
to all existing mortgages or any mortgage which may now or hereafter affect
the Premises, including specifically a mortgage to the MHFA. This Lease
shall also be subject and subordinate to all renewals, modifications, consol-
idations and replacements of any such mortgages. Although no instrument or
act on the part of Lessee shall be necessary to effectuate such subordination,
Lessee will, nevertheless, execute and deliver such further instruments con-
firming such subordination of this Lease may be desired by the holders
of any mortgage,-including the MHFA. Lessee hereby appoints Lessor attorney-
in-fact, irrevocably, to execute and deliver any such instrument of Lessee. -
16. Waiver of Subrogation. Lessor and Lessee, both on their own
behalf and on behalf of anyone claiming through or under either of them,
hereby mutually waive and release all claims, liabilities and causes of -
action against the other and the agents, servants, employees and invitees
of such other, for loss or damage to, or destruction of, the Premises or any
portion thereof, or the Development or any portion thereof, as well as the
improvements, fixtures, equipment, supplies, merchandise and other property
located in, upon or about the Premises or the Development resulting from
fire, explosion or other perils included in standard fire and extended
coverage insurance, whether caused by the negligence of any of said persons
or entities or otherwise. Provided, however, that this mutual release and
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waiver shall be applicable and in force and effect only for so long as the
insurance required by Paragraph 10 above shall remain in full force and
effect and shall specifically evidence the existence of a waiver of subro-
gation as to each policy. Both Lessor and Lessee shall advise their insur-
ance carriers of said mutual waiver and shall obtain necessary endorsements
to their respective insurance policies.
17. Default by Lessee. If Lessee shall fail to pay any install-
ment of fixed annual rental, or additional rent, within twenty (20) days - .
after the due date thereof, or.shall default in the performance of any other
of its obligations pursuant to this Lease Agreement, and if such defaults not
related to rent payments shall continue for thirty x(30) days after written
notice thereof by Lessor to Lessee, or if the Lessee shall be adjudicated
bankrupt or insolvent according to law, then in any of said cases Lessor
may lawfully enter into and upon the Premises or any part thereof and
repossess the same as the former estate of Lessor and expel Lessee and
those claiming under Lessee without being deemed guilty of any manner of
trespass and without prejudice to any remedies which might otherwise be used
for arrears of rent or breach of covenant. ' Such re-entry shall not be
deemed to relieve Lessee from any covenant or obligation arising out of
this Lease; provided, however, that as to covenants and obligations hereunder
which would require possession of the Premises to perform or fulfill, Lessor
may perform or fulfill such covenant or obligation and Lessee shall pay
Lessor the cost of same upon demand. No re-entry or retaking of possession
shall be deemed to constitute a termination of this Lease unless Lessor
gives Lessee notice to that effect either prior or subsequent to such re-
entry or retaking of possession. In addition to any remedy provided for
herein, Lessor shall have any other remedy provided by law. Every power
and remedy given by this Lease Agreement may be exercised from time to time
•
and as often as the occasion may arise. No delay or omission of Lessor to
exercise any power, right or remedy shall impair any such power, right or
remedy. No waiver of any breach of any covenant, agreement or provision
of this Lease Agreement shall be construed or held to be a waiver of any
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other breach, covenant, agreement or provision. Lessee waives any demand
for possession of said Premises in the event of forfeiture of Lessee's rights
hereunder, and waives any demand of payment for rent hereunder, and any
notice of intention of Lessor to terminate this Lease Agreement or to re- -
enter said Premises, other thAn the notice of the defaults hereinabove
provided for. Lessor shall have the right but not the obligation in the
case of any default by Lessee hereunder of curing such default at Lessee's
_expense. Any amount expended by Lessor in the curing of any such default
shall be immediately due and payable by Lessee to Lessor -as -further -addi-
tional rent. ._ _
If Lessor shall default in the performance of any of its covenants
and agreements hereunder, and such default shall continue for thirty_ (30)
days after written notice thereof by Lessee to Lessor, Lessee may terminate
this Lease and quit the Premises without further liability for rent hereunder.
Provided, however, that if such Lessor default cannot becured by the payment
of money, the initiation of good faith efforts to cure said default within
said thirty (30) day period and diligent efforts by Lessor to complete the
same thereafter shall be deemed to constitute a cure of said default.
18. Quiet Possession and Enjoyment. Lessor agrees that Lessee,
upon paying the specified rental and performing the covenants herein agreed-
by it to be performed, shall and may peaceably and quietly have, hold and
enjoy the said Premises for the term specified. Lessor shall have the right
at all reasonable times during the term of this Lease Agreement_ to enter the
Premises for the purpose of examining or inspecting the same and for the
further purpose of making such repairs and replacements therein as Lessor
shall deem necessary; provided, however, that Lessor shall use all reason-
able efforts not to disturb Lessee's use and occupancy.
19. Condition of Premises Upon Surrender. At the expiration of
the term hereof, Lessee shall quit and surrender the Premises hereby demised
in as good a state and condition as when received, reasonable wear and tear
excepted. Lessee shall have the right to remove any equipment, fixtures and
-9-
personal property installed by it, provided it shall repair any damage to
the Development caused by such removal. Any such equipment, fixtures and
personal property not so removed at the expiration or earlier termination
of this Lease shall be deemed abandoned and shall be the property of Lessor.
20. Arbitration. Any disagreement between-the parties with
respect to the interpretation or application of the provisions of this Lease
or the obligations of the parties-hereunder shall be determined by arbitra-
tion. Such arbitration shall be conducted, upon request of Lessor or Lessee,
before three arbitrators (unless the parties -mutually agree to submit the
matter to one arbitrator) designated by the American Arbitration Association
and in accordance with the rules of such Association. The arbitrators desig-
nated and acting hereunder shall make their award in strict conformity with
such rules and shall have no power to depart from or change -any of the pro-
visions thereof. The expenses of arbitration proceedings conducted hereunder
shall be borne equally by the parties, but each party shall pay the fees of
legal counsel and witnesses selected by it in connection with such arbitra-
tion proceedings. All arbitration proceedings hereunder shall be conducted
in the City of Shakopee, Minnesota. • -
21. Notices. Whenever any notice, demand, approval, consent,
request or election is given or made pursuant to this Lease Agreement, it •
shall be in writing. Communications and payments to Lessor shall be
addressed: .
K .
. 6 e R c s , A a
:za/ og »
V/1111ei1pC>h3 Sa"YO
or such other address as may have been specified by prior notice to Lessee,
and commur4cations and payments to Lessee shall be addressed:
, f H/3/1 i /V /30 9u C
>�
tAAr, P */ til N . ,5S 35 I
Attu: C , t (� i3d s( e, f. c'
or such other address as may have been specified by prior notice to Lessor.
Any communications so addressed shall be duly served if mailed by registered
or certified mail, return receipt requested.
•
-10-
event Lessor and Lessee shall be unable to agree to the amount of the
Fair Market Rental within fifteen (15) days of the date of exercise of any
option to renew hereunder by Lessee, such dispute shall be submitted to
arbitration by one or more arbitrators, as herein set forth. The first
such arbitrator shall be appointed by written notice given by Lessor
or Lessee at any time after the expiration of the fifteen (15) days after
the notice by Lessee to exercise the option to renew. The second such
arbitrator shall be appointed by the other party within five (5) days
after'the appointment of the first arbitrator. If the second arbitrator ..
is not selected within such time period, the initial arbitrator appointed
shall decide the_matter. Within ten (10) days of the date both arbitra-
tors are appointed, such arbitrators shall appoint a third arbitrator.
Should said arbitrators fail to appoint a third arbitrator within said
ten (10) days, either arbitrator may apply to the senior judge of the
First Judicial District for the appointment of such arbitrator and any
appointment by said judge shall be final and binding on both parties.
The arbitrators thus appointed shall convene within ten (10) days of the
date of appointment of the last arbitrator and shall hear such testimony
and evidence as either party to this Lease shall choose to submit. The
decision of a majority of the arbitrators shall be made within ten (10)
days of the conclusion of any such hearing and shall be expressed in
writing to the parties and shall be binding upon the parties. If Lessee
shall determine that the Fair Market Rental , as determined by arbitration
(and as a result thereof the rent payable pursuant to Subparagraph (b)
above), shall be too high, then Lessee shall have the option to withdraw
its exercise to extend the term of this Lease; provided, however, such
withdrawal shall be in writing and shall be given to Lessor within ten
(10) days of the written decision of the arbitrators and not less than
four (4) months prior to the expiration of the then current term. All
arbitrators selected hereunder shall be disinterested and shall be per-
sons knowledgeable in real estate values and leasing in the City of
Shakopee, Minnesota. The cost of any such arbitration shall be divided
equally between the parties, provided each party shall pay all their own
attorneys and witness fees.
-12-
22. Options to Renew. Lessee shall have the right and option
to renew this Lease for five (5) successive renewal terms, each such
renewal terms to be five (5) years in length and to commence on the
expiration date of the then current term and continue for five (5) years
thereafter. For the first two renewal terms under this paragraph, said
Lease shall be deemed to have been renewed unless Lessee gives Lessor
notice of intent not to renew said Lease at least 120 days prior to the
expiration of the then current term. For the remaining three renewals,
such options shall be exercised, :i.f at all , by Lessee giving written notice
to Lessor not less than 200 days prior to the expiration of the then
current term; provided, however, that should Lessee neglect or fail for
any reason to give said notice as provided in this sentence, Lessor
shall 190 days prior to the expiration of the then current term, give
Lessee written notice of Lessee's option to renew under the terms herein-
after set forth, and Lescce shall have 20 days after receipt of such
written notice by Lessor to give written notice of Lessee's intent to
exercise such option. Any such exercise by Lessee shall be of no force
and effect if, as of the date of exercise of such option, this Lease
shall be in default. If this Lease shall be renewed as set forth above,
then the renewal term shall be subject to the same terms and conditions
as set forth in this Agreement, except that the monetary rent payable
pursuant to Paragraph 5 hereof shall be as follows:
(a) During the first and second renewal terms, the monetary rent pay-
able shall be $1 .00 per year, payable in advance on the first day
of each year during such renewal term.
(b) During the third, fourth and fifth renewal terms, the monetary rent
payable pursuant to Paragraph 5 hereof shall be equal to 70% of the
Fair Market Rental (as hereinafter defined) determined as of the
date five (5) months prior to the commencement date of that renewal
term, and shall be payable in sixty (60) equal installments each on
the first day of each month during the renewal term.
For purposes hereof, the term "Fair Market Rental " shall mean the amount
expressed in dollars for which a lessor willing, but not obligated to
lease, would lease to a tenant, willing, but not obligated to lease, the
Premises in accordance with the terms set forth in this Lease. In the
-11-
•
J,
23. Paragraph Titles. The paragraph titles herein hive been
inserted for convenience only and shall not be construed to modify,
limit or amplify the meaning of the terms and provisions hereof.
IN WITNESS WHEREOF, The Lessor and Lessee have caused this Lease
Agreement to be executed by duly authorized officers , all as of the day
and year first above written.
200 LEVEE DRIV ASSO IATES, LTD.
a
By: l y -I`ti
It / General P rtner
CITY OF SHAKOPEE, MINNESOTA
By: ✓,J (,«< 4.� -4 _
Its Mayor
And V, -- _ . :-;,K;;.--
._
Its City Administrator
- 13 -
#(7
Minutes of the
Energy and Transportation Committee
Regular Session
November 28 , 1990
Chairperson Drees called the meeting to order at 7 : 05 p.m. with
Commissioners Otto, Drees, Roman, Case, Stolarcek and Ward present.
Commissioners Reinke and Albinson were absent. Barry A. Stock,
Assistant City Administrator and Dennis Ridley, Shakopee Dial-A-
Ride manager were also present.
Roman/Stolarcek moved to approve the minutes of the October 17 ,
1990 meeting as kept. Motion carried unanimously.
Mr. Stock stated that at our last meeting we briefly discussed a
Dial-A-Ride surcharge request that was submitted by our Dial-A-Ride
provider. Mr. Stock stated that the fuel surcharge is being
requested as a result of the mideast energy crisis and the rising
fuel costs. Mr. Stock went on to state that he has been in contact
with officials from the Regional Transit Board to determine what
their position is on this issue. The RTB staff informed Mr. Stock
that they are not recommending that communities under contract with
RTB for the provision of transit service amend their contracts at
this time. Mr. Stock explained how the City of Shakopee is under
contract with the Regional Transit Board. Mr. Stock noted that the
City receives funding for the Shakopee Transit program from the
Regional Transit Board. If the City of Shakopee were to amend the
Dial-A-Ride contract approving a fuel surcharge, it would increase
our program cost and subsequently we would need an amendment to our
contract with the Regional Transit Board to increase our funding
request.
Mr. Ridley stated that National School Bus is aware of the RTB' s
position on this issue. National School Bus is willing to withdraw
their request until such time that the RTB can establish a regional
fuel surcharge policy.
Commissioner Stolarcek questioned what other transportation
carriers are doing to handle the fuel increases. Mr. Stock stated
that those providers who are under contract who do not have a
provision within their contract for a fuel surcharge increase are
more than likely are not making as great a profit as they did when
fuel prices were lower. Mr. Stock stated that he did not feel that
fuel prices have risen that much to warrant an amendment to the
contract to allow for a fuel surcharge at this time. Mr. Stock
recommended to the Committee that we maintain the status quo until
such time that the RTB can establish a regional policy on this
issue.
Minutes of the Page -2
Energy and Transportation Commission November 18, 1990
Roman/Case moved to inform Morley Bus Co. (National School Bus) of
the Committee' s decision to maintain the status quo with respect to
the fuel surcharge request until such time that the RTB can
establish a regional policy. Motion carried unanimously.
Mr. Stock stated that at several meetings in the past we have
discussed establishing a Dial-A-Ride age policy. Coincidentally,
we did recently experience a problem with a five year old who was
dropped off at the wrong address. The parents of the child in
question are requesting the Energy and Transportation Committee to
consider adopting a door through door policy in terms of delivering
children between the ages of five and seven to their destination
points.
Mr. Stock stated that historically the winter season has been the
busiest time period for our Dial-A-Ride program. He stated that
generally ridership exceeds 4 , 000 passenger trips between December
and March. Part of the reason for the increase in ridership is due
to the fact that the School District has a policy which states that
children who live within one mile of the school are responsible for
their own transportation. Commissioner Ward stated that she
believed it was not a policy of the School Board but a state law
which in fact allowed the School District to determine who was
eligible for school transportation.
Mr. Stock noted that since the programs inception in 1984 , the
Dial-A-Ride program has been advertised as a curb to curb service.
Mr. Stock stated that since 1984 we have experienced several
problems with younger aged children. Mr. Stock shared with the
Committee the recent problem with the child who was dropped off at
the wrong address. Mr. Dennis Ridley stated that the recent
problem was not as serious as it may appear on the surface. He
stated that the child was dropped off at the wrong address but the
wrong address just happened to be the child ' s home address. The
child was suppose to be taken to the daycare provider. Due to a
mixup in dispatching, the child was inadvertently delivered to the
child' s home address. Fortunately, the parent of the child was at
home. Mr. Ridley stated that the Dial-A-Ride driver did not notice
anything unusual about dropping the child off at his home address.
In fact, the Dial-A-Ride driver noticed several signs which
indicated that somebody was at home when the child was dropped off.
Mr. Ridley went on to state that many of the drivers in Shakopee
have been driving for over four years. He stated that many of them
know the names of all the children that they carry. He stated that
the drivers are very concerned about the safety of the children and
in many cases go beyond the call of duty in insuring that a child
is safely transported. Mr. Ridley did not deny that on occasion
mixups do occur. He stated that there are many factors which go
into providing the Dial-A-Ride service. Often errors occur between
the person requesting the ride, the dispatcher and the driver. Mr.
g
Minutes of the Page -3
Energy and Transportation Commission November 18, 1990
Ridley stated that in March they will be installing a new terminal
dispatching system and upgrading the order system with a new
computer. He hoped that this would further reduce the few problems
that they are presently experiencing.
Commissioner Case stated that she felt the parents of the younger
aged children should be more responsible for personally
transporting their children to the various locations. She stated
that she felt that people were relying too heavily on the service.
Commissioner Stolarcek concurred and stated that people in Shakopee
have been spoiled by the Dial-A-Ride service. Commissioner Case
questioned how the Dial-A-Ride drivers feel about providing door
through door service. Mr. Dennis Ridley stated that the Dial-A-
Ride drivers do not want to be responsible for insuring that a
child is transported from the door of one location through the door
of the drop off point. He stated that in some cases the driveways
of the homes are a quarter mile long. He stated that a younger
aged child tends to take their time and that, in many cases, it
would take several minutes to make sure that a child is transported
from the vehicle through the door of the destination point. Mr.
Ridley went on to state that in other cases the door of the home is
not within view of the Dial-A-Ride vehicle. In this case, there is
no way to insure that the child is safely transported through the
door without getting out of the Dial-A-Ride vehicle.
Commissioner Roman suggested that perhaps the Dial-A-Ride vehicle
could honk their horn when they are dropping off a younger aged
child to notify the person in the house that the child is home.
Mr. Ridley stated that this could be done very easily.
Commissioner Case suggested that we do everything possible to
inform Shakopee residents of our curb to curb policy. She stated
that they need to be reeducated that we do not provide a taxi
service. Mr. Stock suggested that we could develop a postcard that
could be distributed to all our Dial-A-Ride users, informing them
of the curb to curb policy. Mr. Ridley stated that he would be
more than happy to work with City staff to develop the appropriate
piece that could be distributed to all Dial-A-Ride users and posted
on the Dial-A-Ride vehicles. Mr. Stock stated that in future
brochures we could also place greater emphasis on the fact that we
provide a curb to curb service.
Ward/Case moved to maintain the current curb to curb service policy
and request the appropriate City officials to have a flyer printed
and distributed to Dial-A-Ride users informing them of the City' s
curb to curb policy. Motion carried unanimously.
Mr. Stock shared with the Committee a correspondence that he
received from Mr. Mike Berkopec informing the City of Shakopee of
a landfill tipping increase and subsequent rate increase. Mr.
Stock stated that the current refuse contract provides for a rate
Minutes of the Page -4
Energy and Transportation Commission November 18, 1990
increase when landfill rates increase. Mr. Berkopec states in his
letter that the landfill tipping fee increase equates to a 54¢ per
home per month rate increase. Additionally, Mr. Berkopec states
that Waste Management is willing to expand their recycling program
to include plastic containers and corrugated cardboard. In return
for providing the additional recycling services, Mr. Berkopec is
requesting that the City allow Waste Management to retain the
material revenue sales from the recyclables collected and the Scott
County Percs payment. Mr. Stock stated that this is in addition to
the 54¢ per home per month rate increase. Mr. Stock stated that
upon review of the estimated revenue sales and County Percs payment
that Mr. Berkopec ' s proposal is out of line. Mr. Stock stated that
he did contact Mr. Berkopec and stated that the City would probably
not consider relinquishing all of the material revenue and percs
payments in exchange for the additional recycling service. Mr.
Berkopec upon further review of the figures stated that he
concurred with staff ' s analysis. Mr. Stock stated that he is
awaiting another proposal from Mr. Berkopec regarding the cost
associated with providing the additional recycling services. Mr.
Stock stated that perhaps it would be more reasonable for the City
to relinquish the material revenue sales in exchange for Waste
Management agreeing to provide the additional recycling services
and maintain refuse collection rates at their present level for an
additional one year period. Mr. Stock stated that 1991 revenue
estimates for recyclable materials collected will exceed $19 , 000 .
Perhaps in exchange for relinquishing the revenue collected from
the sale of recyclables, it may be enough to maintain rates
constant and provide additional recycling services. Mr. Stock
stated that he needs to further analyze the 1991 revenue
projections to determine if this is an acceptable alternative that
would benefit our residents. Commissioner Roman stated that she
felt that it was important for us to maintain rates at a constant
level for as long as possible. Mr. Stock stated that our present
system of issuing a annual recycling credit if not really fair
since some of our residents are not recycling. Commissioner Case
concurred and stated that she felt that the extra container rate
should be the same rate as a first container. Commissioner Case
stated that she could not understand why Shakopee residents could
not fit their material in one 65 gallon container, especially after
when we begin providing plastic and cardboard recycling.
Commissioner Case stated that this issue definitely has to be
addressed when we write the specifications for our next refuse
collection contract.
Commissioner Stolarcek questioned whether or not we are being
gouged by our refuse hauler. Mr. Stock stated that the only way to
determine if, in fact, our rates are out of line is to compare us
with other communities. Mr. Stock stated that Shakopee has one of
the lowest refuse collection rates around. In fact, he receives
many calls from new customers who are surprised at our low rate
Minutes of the Page -5
Energy and Transportation Commission November 18, 1990
structure. Mr. Stock also noted that within the metropolitan area,
we pay a higher fee for refuse disposal than outstate Minnesota.
This is due to the fact that there is very little landfill space
available within the Metro area. Additionally, counties, the
state and townships have the authority to place tax surcharge on
landfill disposal rates.
It was the consensus of the Committee to have staff negotiate an
alternative which would provide Shakopee residents with curb side
collection of plastic containers and corrugated cardboard, while
attempting to maintain rates constant for as long as possible. The
Committee felt that if we need to relinquish either the County perc
payment or the revenue sales generated from recyclables collected,
that it would be in the City' s best interest if we could
correspondingly keep refuse collection rates constant. The
Committee also felt that it was important for the City to retain
some of the revenues, either from the percs payment of the revenue
sales to offset costs associated with educating Shakopee residents
of our program.
Mr. Stock then briefly reviewed the recycling and transit reports.
Mr. Stock also noted that the refuse collection ordinance has been
placed on hold. Mr. Stock stated that the City Attorney is
somewhat concerned about the possibility of the City being held
accountable for a taking if we move to a closed refuse collection
program. Mr. Stock stated that the issue of moving to a close
refuse collection system will be discussed prior to and perhaps in
conjunction with the development of our next set of requests for
proposal specifications for refuse disposal service.
Discussion ensued on the next meeting date. Mr. Stock stated that
the next scheduled meeting of the Committee is December 19 , 1990.
Mr. Stock stated that if there is no business for the Committee to
discuss, the meeting may be canceled. Mr. Stock stated that he
would notify the Committee members if the meeting is to be
canceled.
Roman/Case moved to adjourn at 8 : 15 p.m. Motion carried
unanimously.
Barry A. Stock, Recording Secretary
# 1
Minutes of the
Shakopee Community Development Commission
City Council Chambers
Wednesday, November 28 , 1990
Chairperson Miller called the meeting to order at 6: 00 p.m. with
the following members present: Mike Pennington, Charles Brandmire,
Jane DuBois, Mike Beard and Mark Miller. Commissioners Albinson
and Mars were absent. Barry S. Stock, Assistant City Administrator
was also present.
Mr. Miller noted the changes to page 3 of the minutes first
paragraph. He stated that he was not at the meeting and therefore
did not make the motion as stated in the third paragraph.
Commissioner Pennington stated that he was the one that originally
made the motion. Brandmire/DuBois moved to approve the minutes of
the October 17 , 1990 meeting as amended. Motion carried
unanimously.
Mr. Stock gave a brief economic development update. He noted that
Del Mac Petroleum has inquired about possibly locating their tire
recycling facility in Shakopee. Mr. Stock noted that they are
looking at a site north of Pouliot Design. Mr. Stock stated that
Del Mac Petroleum was also considering a possible site in
Minneapolis. Commissioner DuBois questioned who would be
responsible for monitoring potential pollution problems with such
a facility. Mr. Stock stated that they would be responsible for
submitting the appropriate permit application materials to the
Pollution Control Agency. Commissioner Miller questioned the
number of employees to be hired at the proposed facility. Mr.
Stock stated that when the facility is running at full operation it
would require approximately 65 employees. Mr. Stock noted that the
facility was designed so that all processing of the tires would
occur within an enclosed facility. No tires would be stored
outside. Mr. Stock stated that the end byproduct after processing
the tires would be carbon and a lower grade fuel oil . Mr. Stock
noted that the representative from Del Mac have not been in contact
with the City since their initial meeting. Therefore, he could not
comment any further on their siting plans.
Mr. Stock also informed the Committee that the owners of the
property adjacent to Valleyfair are considering the development of
a Driving Range in 1991.
Commissioner Miller updated the Committee on the meeting that was
held between the Shakopee Public Utility Commission and
representatives from the Community Development Commission regarding
overhead utility lines adjacent to Valley Industrial Blvd. No. Mr.
Minutes of the Page -2
Community Development Commission November28, 1990
Miller noted that the real intent of this meeting was to open
communication between Shakopee Public Utilities and the CDC, Mr.
Miller stated that he felt the meeting was very beneficial and
successful . He also stated that after discussing the overhead
utility lines issue in greater detail it was discovered that there
was no real immediate need to have the line installed.
Additionally, there were several other alternatives that may meet
the needs of both the Shakopee Public Utility Commission, the
Community Development Commission and the owners of the Industrial
Park. Mr. Miller questioned whether or not staff has been in
contact with representatives from Shakopee Public Utilities to
schedule a meeting to discuss further the utility line and the
other informational items that were discussed at the meeting. Mr.
Stock stated that he has not scheduled a meeting at this time. Mr.
Miller requested Mr. Stock to set up a meeting with the Shakopee
Public Utility Commission manager after the holidays and place the
item on our next agenda for further discussion.
Mr. Stock stated that at the last Chamber of Commerce Board of
Directors meeting he presented the idea of producing a new City map
that could be distributed to Shakopee residents and tourists. Mr.
Stock stated that the Chamber of Commerce Board of Directors
thought that the idea was a good one but that they did not seem too
exited about the possibility of sharing in the cost of such a
venture. Commissioner DuBois stated that Eden Prairie has a map
which is solely sponsored by three businesses . She felt that we
could find three businesses in Shakopee to help offset the cost of
production. Chairman Miller concurred. He stated that perhaps
several of the major tourist attractions would be interested in
being a sponsor. Commissioner Miller also suggested that perhaps
one of the major service stations in town would be willing to serve
as a sponsor. Commissioner Brandmire suggested that staff contact
the state department of tourism to see if there might be funding
available from their office to assist in financing the City map.
It was the consensus of the Committee to have staff develop some
cost estimates and pursue three major sponsors to offset
development cost.
Mr. Stock noted that the communities in Scott County have been
working the past several months on developing a joint powers
agreement and set of bylaws for the Scott County Economic
Development Coalition. Mr. Stock noted that each of the
communities in Scott County as well as Scott County and the Scott
County Housing and Redevelopment Authority have approved
resolutions in support of pursuing investigation of creating the
Coalition. Mr. Stock went on to state that the staff persons
involved have intentionally tried to keep the Joint Powers
Agreement and Bylaws fairly straight forward and simple.
Commissioner Beard questioned who would represent the City of
Shakopee on the Board of Directors. Mr. Stock stated that he
thought that one staff person from each community would be
7
Minutes of the Page -3
Community Development Commission November28, 1990
appointed to represent the participating bodies.
Commissioner DuBois questioned whether or not there was opportunity
for the housing interest to be represented on the Coalition. Mr.
Stock stated that each community within the Coalition has different
aspects of their community which they hope to promote. He felt
that in some cases housing would be the major emphasis for their
marketing endeavors. Mr. Stock went on to state that there was a
provision within the bylaws for the Board of Directs to create
subcommittees of the Coalition. He felt that this would provide
the Coalition with the opportunity to have special needs
investigated by a subcommittee. Mr. Stock went on to state that
housing very well may be one of the subcommittees created to
determine how we can promote affordable residential development.
Mr. Stock stated that it may also be possible that the Coalition
would do a specific marketing piece on the housing opportunities in
Scott County.
Brandmire/Beard moved to recommend to the Shakopee City Council to
enter into the Joint Powers Agreement and approve the bylaws as
drafted with the understanding that there is a provision for
amendment to the bylaws. Motion carried unanimously.
Mr. Stock stated that five applications were submitted for the
Downtown Rehab Grant Program. He went on to state that of the
$50 , 000 originally allocated to the program, $15, 000 has been
allocated to the grant applicants for their projects. Mr. Stock
stated that the Downtown Committee will be reevaluating the program
at their next meeting and making a recommendation to the Community
Development Commission as to whether or not the program should be
continued. Mr. Stock also noted that the Downtown Committee is
investigating the establishment of a facade easement program. They
also are investigating the establishment of a retail incubator in
the downtown area. Commissioner DuBois questioned whether or not
there were any funds available to demolish the City Hall block.
Mr. Stock stated that there are no state and federal funds
available for this purpose. Mr. Stock also noted that the
consensus of the Downtown Committee is that the City Hall block
should be preserved. Mr. Stock noted that the acquisition and
demolition costs were prohibitive and that is one of the reasons
why the City Hall block was not selected as a site for the new City
Hall .
Commissioner Beard stated that the Transportation Coalition is
working on a fund raiser. He also noted that they recently
received funding for the County Rd. 18 bridge. He noted however
that funding still needs to be obtained for the bridge approaches.
Mr. Stock noted that the Business Appreciation Committee met
several weeks ago and that four business persons attended. Mr.
Stock stated that he was under the impression that the two
Minutes of the Page -4
Community Development Commission November28, 1990
individuals working on the Business Appreciation program would be
making a recommendation to the CDC at their next meeting as to
whether or not the program should be continued. Mr. Miller stated
that perhaps the meeting time that has been established is not
fitting into the schedules of the business persons. He stated that
he hoped the program would be continued.
Commissioner DuBois stated that the Housing Assistance subcommittee
has not been able to meet. She hoped that they would be able to
meet after the holidays.
Commissioner DuBois questioned whether or not the meeting time
could be changed to 5: 00 . Commissioner Miller stated that the
meeting time was changed to 5: 30 to accommodate Mr. Mars who works
in downtown Minneapolis. Commissioner DuBois stated that she did
not know if an hour and a half meeting was adequate time to
conduct business. It was the consensus of the Committee ' s members
present that the meeting time should be maintained and that an
hour and a half meeting should be adequate to conduct any business
of the Community Development Commission.
Discussion ensued on the date for the December meeting. Mr. Stock
stated that if there is not any business that needs immediate
action by the Community Development Commission members that the
December meeting may be canceled. Mr. Stock stated that he would
inform the Community Development Commission members accordingly.
Pennington/Brandmire moved to adjourn the meeting at 7 : 00 p.m.
Motion carried unanimously.
Barry A. Stock, Recording Secretary
ti„
THE KRASS & MONROE GROUP
327 South Marschall Road
Shakopee, MN 55379
612/445-5080
m.., . I m
Billed through 10/31/90
Client number 1373 SHA
City of Shakopee
129 East 1st Avenue
Shakopee, MN 55379
General
TOTAL FEES FOR THIS MATTER S 37.50
TOTAL DISBURSEMENTS FOR THIS MATTER S 1.35
Prosecutions
TOTAL FEES FOR THIS MATTER S 135.00
TOTAL DISBURSEMENTS FOR THIS MATTER S .30
101 Bypass
TOTAL FEES FOR THIS MATTER S .00
TOTAL DISBURSEMENTS FOR THIS MATTER S .00
5th Street Condemnation
TOTAL FEES FOR THIS MATTER S 45.00
TOTAL DISBURSEMENTS FOR THIS MATTER S .00
Depot Condemnation
TOTAL FEES FOR THIS MATTER S 195.00
TOTAL DISBURSEMENTS FOR THIS MATTER S 1.20
New Racetrack Owners
TOTAL FEES FOR THIS MATTER S .00
TOTAL DISBURSEMENTS FOR THIS MATTER 5 .00
Conrady Assessment Appeal
TOTAL FEES FOR THIS MATTER S 407.50
TOTAL DISBURSEMENTS FOR THIS MATTER S 1.05
TOTAL FEES (October, 1990) $ 820.00
TOTAL DISBURSEMENTS (October, 1990) S 3.90
TOTAL CHARGES FOR THESE BILLS $ 823.90
NET BALANCE FORWARD $ 1,307.60
TOTAL BALANCE NOW DUE S 2,131.50
THE KRASS & MONROE GROUP*
327 South Marschall Road
Shakopee, MN 55379
612/445-5080
December 5, 1990
Billed through 11/30/90
Bill number 1373
City of Shakopee
129 East First Avenue
Shakopee, MN 55379
GENERAL $ 18.75
5th STREET CONDEMNATION 19L65
65
DEPOT CONDEMNATION 18.75
$234.15
tei
THE KRASS & MONROE GROUP*
327 South Marschall Road
Shakopee, MN 55379
612/445-5080
January 8, 1991
Billed through 12/31/90
Bill number 1373
City of Shakopee
129 East 1st Avenue
Shakopee, Mn 55379
General $184.05
Prosecutions 27.50
5th Street Condemnation 432.45
$644.00
GOVERNMENT FINANCE
OFFICERS ASSOCIATION
180 North Michigan Avenue.Suite 800.Chicago.Illinois 60601
312 977-9700•Fax:3121977-4806
November 3C , 1990
The Honorable Gary L. Laurent
Mayor
City of Shakopee
129 East First Avenue
Shakopee , Minnesota 55379
Dear Mayor Laurent:
We are pleased to notify you that your comprehensive annual finan-
cial report for the fiscal year ended December 31 , 1989 qualifies
for a Certificate of Achievement for Excellence in Financial
Reporting. The Certificate of Achievement is the highest form of
recognition in governmental accounting and financial reporting,
and its attainment represents a significant accomplishment by a
government and its management.
When a Certificate of Achievement is awarded to a government, an
Award of Financial Reporting Achievement is also presented to the
individual designated by the government as primarily responsible
for its having earned the certificate. Enclosed is an Award of
Financial Reporting Achievement for: Gregg M. Voxland,
Finance Director .
The Certificate of Achievement plaque will be shipped under sepa-
rate cover in about ten weeks. We hope that you will arrange for
a formal presentation of the Certificate and Award of Financial
Reporting Achievement , and that appropriate publicity will be
given to this notable achievement . To assist with this , a sample
news release and the 1989 Certificate Program results are enclosed.
We hope that your example will encourage other government offi-
cials in their efforts to achieve and maintain an appropriate
standard of excellence in financial reporting.
Sincerely,
GOVERNMENT FINANCE OFFICERS ASSOCIATION/
",;Vti;
Frederick G. Lantz
Assistant Director/Technical Services Center
FGL/kas
Enclosures
WASHINGTON OFFICE
I7 52 K S-reet NI: Suite 200,Washington.O.0 20006
222 _ 50•Fax 202 X29-2755
to
Proposed Pay 1991 Aid Cuts
The following print-out estimates the cut in each city's July 1991 aid pay-
ment under the Carlson proposal. December 1991 aid payments are likely
to be subject to an additional cut.
The aid cut is calculated based on a city's pay 1991 "revenue base"
which is defined as the city's total pay 1991 certified levy (including special
levies) and LGA. The print-out uses each city's Pay 1990 revenue base
(1990 total levy plus 1990 LGA) since this is the latest information avail-
able. Each city can calculate its own aid cut more precisely by using its pay
1991 revenue base.
Under the proposal, the aid cut amount will be taken first from the city's
LGA. If the city's LGA is insufficient, then the city's equalization aid,
homestead and agricultural credit aid, and disparity aid would be cut, in that
order. If a city receives none of these aid payments then it would not be
subject to a cut. Although last year, the Legislature reduced levy limits for
cities receiving no aid. LFH
January 18, 1991 Printed on recycled paper P1
PROPOSED PAY 1991 AID CUTS: 2.052 % OF CITY REVENUE BASE
CITY NAME AID CUT CITY NAME AID CUT CITY NAME AID CUT CITY NAME AID CUT
ADA 13,407 BELGRADE 4,700 BRUNO 530 COKATO 10,578
ADAMS 3,524 BELLE PLAINE 16,055 BUCKMAN 868 COLD SPRING 15,382
ADRIAN 6,406 BELLECHESTER 418 BUFFALO 24,798 COLERAINE 13,905
AFTON 9,862 BELLINGHAM 1,607 BUFFALO LAKE 5,837 COLOGNE 3,161
AITKIN 8,293 BELTRAMI 459 BUHL 13,462 COLUMBIA HEIGHT 103,276
AKELEY 2,050 BELVIEW 2,854 BURNSVILLE 246,516 COMFREY 4,343
ALBANY 9,622 BEMIDJI 64,191 BURTRUM 412 COMSTOCK 271
ALBERT LEA 121,327 GENA 455 BUTTERFIELD 3,489 CONGER 820
ALBERTA 551 BENSON 20,916 BYRON 11,158 COOK 3,010
ALBERTVILLE 5,716 BERTHA 3,498 CALEDONIA 13,825 COON RAPIDS 188,239
ALDEN 4,334 BETHEL 895 CALLAWAY 1,020 CORCORAN 14,582
ALDRICH 39 BIG FALLS 1,408 CALUMET 5,021 CORRELL 134
ALEXANDRIA 53,367 BIG LAKE 14,606 CAMBRIDGE 20,678 COSMOS 3,699
ALPHA 861 BIGELOW 614 CAMPBELL 1,158 COTTAGE GROVE 110,496
ALTURA 1,572 BIGFORK 2,679 CANBY 15,358 COTTONWOOD 6,636
ALVARADO 475 BINGHAM LAKE 915 CANNON FALLS 23,379 COURTLAND 1,544
AMBOY 3,970 BIRCHWOOD 3,856 CANTON 2,087 CROMWELL 988
ANDOVER 30,269 BIRD ISLAND 8,438 CARLOS 1,061 CROOKSTON 62,963
ANNANDALE 10,099 BISCAY 227 CARLTON 5,048 CROSBY 15,908
ANOKA 76,003 BIWABIK 12,453 CARVER 4,163 CROSSLAKE 0
APPLE VALLEY 166,979 BLACKDUCK 4,142 CASS LAKE 7,732 CRYSTAL 111,419
APPLETON 12,477 BLAINE 123,252 CEDAR MILLS 33 CURRIE 1,382
ARCO 638 BLOMKEST 688 CENTER CITY 1,697 CUYUNA 729
ARDEN HILLS 0 BLOOMING PRAIRI 12,037 CENTERVILLE 5,773 CYRUS 1,447
ARGYLE 4,232 BLOOMINGTON 463,168 CEYLON 3,387 DAKOTA 899
ARLINGTON 11,876 BLUE EARTH 27,430 CHAMPLIN 59,027 DALTON 976
ASHBY 2,395 BLUFFTON 172 CHANDLER 1,398 DANUBE 4,029
ASKOV 1,140 BOCK 116 CHANHASSEN 57,550 DANVERS 532
ATWATER 7,836 BORUP 213 CHASKA 29,566 DARFUR 859
AUDUBON 2,170 BCVEY 10,094 CHATFIELD 13,784 DARWIN 185
AURORA 20,089 BOWLUS 589 CHICKAMAW BEACH 195 DASSEL 8,407
AUSTIN 156,709 BOY RIVER 83 CHISAGO CITY 10,806 DAWSON 13,899
AVOCA 580 BOYD 2,352 CHISHOLM 56,714 DAYTON 15,381
AVON 5,392 BRAHAM 7,664 CHOKIO 3,096 DE GRAFF 149
BABBITT 12,997 BRAINERD 74,602 CIRCLE PINES 17,899 DEEPHAVEN 18,985
BACKUS 1,585 BRANCH 6,625 CLARA CITY 8,431 DEER CREEK 1,338
BADGER 2,087 BRANDON 1,961 CLAREMONT 3,585 DEER RIVER 6,037
BAGLEY 7,881 BRECKENRIDGE 26,053 CLARISSA 4,464 DEERWOOD 3,849
BALATON 5,148 BREEZY POINT 0 CLARKFIELD 9,177 DELANO 13,758
BARNESVILLE 7,785 BREWSTER 2,348 CLARKS GROVE 2,410 DELEVAN 2,304
BARNUM 2,643 BRICELYN 3,055 CLEAR LAKE 1,609 DELHI 443
BARRETT 2,094 BROOK PARK 473 CLEARBROOK 2,733 DELLWOOD 0
BARRY 144 BROOKLYN CENTER 145,042 CLEARWATER 3,067 DENHAM 62
BATTLE LAKE 4,203 BROOKLYN PARK 232,068 CLEMENTS 1,077 DENNISON 565
BAUDETTE 7,077 BROOKS 420 CLEVELAND 3,330 DENT 363
BAXTER 14,041 BROOKSTON 196 CLIMAX 1,795 DETROIT LAKES 41,361
BAYPORT 17,659 BROOTEN 3,569 CLINTON 4,401 DEXTER 2,424
BEARDSLEY 1,722 BROWERVILLE 2,570 CLITHERALL 294 DILWORTH 13,199
BEAVER BAY 1,274 BROWNS VALLEY 6,954 CLONTARF 83 DODGE CENTER 13,764
BEAVER CREEK 1,532 BROWNSDALE 2,469 CLOQUET 90,798 DONALDSON 203
BECKER 0 BROWNSVILLE 1,457 COATES 210 DONNELLY 1,007
BEJOU 391 BROWNTON 5,171 COBDEN 31
DORAN 209
P2 LMC Cities Bulletin
/a
PROPOSED PAY 1991 AID CUTS: 2.052 % OF CITY REVENUE BASE
CITY NAME AID CUT CITY NAME AID CUT CITY NAME AID CUT CITY NAME AID CUT
PLEASANT LAKE 178 SABIN 2,017 ST PAUL 2,436,327 VERMILLION 1,541
PLUMMER 2,295 SACRED HEART 4,973 ST PAUL PARK 22,709 VERNDALE 2,162
PLYMOUTH 190,329 SANBORN 3,010 ST PETER 41,169 VERNON CENTER 1,979
PORTER 1,107 SANDSTONE 7,607 ST ROSA 111 VESTA 2,092
PRESTON 10,977 SARGEANT 217 ST STEPHEN 2,083 VICTORIA 13,955
PRINCETON 18,238 SARTELL 23,380 ST VINCENT 241 VIKING 547
PRINSBURG 3,010 SAUK CENTRE 24,210 STACY 1,956 VILLARD 1,391
PRIOR LAKE 54,632 SAUK RAPIDS 35,878 STAPLES 19,998 VINING 252
PROCTOR 19,126 SAVAGE 38,954 STARBUCK 6,873 VIRGINIA 128,430
OUAMBA 84 SCANLON 6,809 STEEN 383 WABASHA 17,515
RACINE 817 SEAFORTH 460 STEPHEN 3,342 WABASSO 4,430
RAMSEY 34,628 SEBEKA 4,774 STEWART 5,725 WACONIA 20,158
RANDALL 2,015 SEDAN 59 STEWARTVILLE 16,976 WADENA 19,518
RANDOLPH 725 SHAFER 928 STILLWATER 86,937 WAHKON 818
RANIER 525 SHAKOPEE 50,420 STOCKTON 946 WAITE PARK 30,293
RAYMOND 3,824 SHELLY 1,295 STORDEN 2,757 WALDORF 1,809
RED LAKE FALLS 12,953 SHERBURN 9,712 STRANDQUIST 252 WALKER 10,036
RED WING 187,823 SHEVLIN 295 STRATHCONA 71 WALNUT GROVE 4,319
REDWOOD FALLS 36,366 SHOREVIEW 84,968 STURGEON LAKE 493 WALTERS 673
REGAL 80 SHOREWOOO 34,567 SUNBURG 485 WALTHAM 898
REMER 1,630 SILVER BAY 21,287 SUNFISH LAKE 3,992 WANAMINGO 5,341
RENVILLE 10,927 SILVER LAKE 5,184 SWANVILLE 1,516 WANDA 542
REVERE 828 SKYLINE 690 TACONITE 4,869 WARBA 404
RICE 2,215 SLAYTON 17,026 TAMARACK 221 WARREN 7,111
RICHFIELD 198,644 SLEEPY EYE 22,782 TAOPI 81 WARROAD 4,750
RICHMOND 4,855 SO ST PAUL 126,608 TAUNTON 234 WASECA 47,543
RICHVILLE 125 SOBIESKI 179 TAYLORS FALLS 4,623 WATERTOWN 7,957
RIVERTON 416 SOLWAY 177 TENNEY 52 WATERVILLE 10,999
ROBBINSDALE 86,060 SOUTH HAVEN 669 TENSTRIKE 23 WATKINS 4,739
ROCHESTER 416,312 SPICER 6,766 THIEF RIVER FLS 50,592 WATSON 1,917
ROCK CREEK 1,786 SPRING GROVE 9,200 THOMSON 1,171 WAUBUN 1,334
ROCKFORD 12,909 SPRING HILL 186 TINTAH 334 WAVERLY 4,970
ROCKVILLE 1,950 SPRING LAKE PAR 21,622 TONKA BAY 8,741 WAYZATA 31,001
ROGERS 3,690 SPRING PARK 10,260 TOWER 3,968 WELCOME 4,595
ROLLINGSTONE 2,922 SPRING VALLEY 17,837 TRACY 17,960 WELLS 16,229
RONNEBY 78 SPRINGFIELD 16,191 TRAIL 150 WENDELL 1,220
ROOSEVELT 100 SQUAW LAKE 167 TRIMONT 6,046 WEST CONCORD 4,762
ROSCOE 356 ST ANTHONY 106 TROMMALD 341 WEST ST PAUL 99,445
ROSE CREEK 1,843 ST ANTHONY 35,062 TROSKY 84 WEST UNION 103
ROSEAU 13,700 ST BONIFACIUS 5,785 TRUMAN 8,241 WESTBROOK 6,214
ROSEMOUNT 52,102 ST CHARLES 13,510 TURTLE RIVER 11 WESTPORT 55
ROSEVILLE 136,483 ST CLAIR 2,234 TWIN LAKES 995 WHALAN 301
ROTHSAY 2,121 ST CLOUD 334,398 TWIN VALLEY 5,311 WHEATON 13,648
ROUND LAKE 2,325 ST FRANCIS 8,498 TWO HARBORS 28,962 WHITE BEAR LAKE 80,137
ROYALTON 2,445 ST HILAIRE 1,297 TYLER 6,493 WILDER 316
RUSH CITY 8,175 ST JAMES 23,713 ULEN 3,230 WILLERNIE 2,776
RUSHFORD 8,865 ST JOSEPH 10,914 UNDERW000 1,815 WILLIAMS 899
RUSHFORD VILLAG 2,799 ST LEO 282 UPSALA 1,749 WILLMAR 87,840
RUSHMORE 1,644 ST LOUIS PARK 273,611 URBANK 107 WILLOW RIVER 751
RUSSELL 2,786 ST MARTIN 589 UTICA 851 WILMONT 1,513
RUTHTON 1,472 ST MARYS POINT 0 VADNAIS HEIGHTS 29,424 WILTON 0
RUTLEDGE 175 ST MICHAEL 7,476 VERGAS 400 WINDOM 30,931
January 18, 1991 P5
PROPOSED PAY 1991 AID CUTS: 2.052 % OF CITY REVENUE BASE
CITY NAME AID CUT
WINGER 1,428
WINNEBAGO 11,202
WINONA 179,974
WINSTED 10,260
WINTHROP 9,861
WINTON 690
WOLF LAKE 21
WOLVERTON 731
WOOD LAKE 2,706
WOODBURY 96,163
WOODLAND 0
WOODSTOCK 724
WORTHINGTON 76,888
WRENSHALL 1,923
WRIGHT 365
WYKOFF 3,008
WYOMING 7,685
YOUNG AMERICA 6,712
ZEMPLE 104
ZIMMERMAN 7,068
ZUMBRO FALLS 510
ZUMBROTA 16,081
TOTALS 20,900,613
•
P6 LMC Cities Bulletin
TENTATIVE AGENDA
ADJ.REG.SESSION SHAKOPEE, MINNESOTA JANUARY 22 , 1991
Mayor Gary Laurent presiding
1] Roll Call at 7 : 00 P.M.
2 ] Reading by Mayor Laurent of City' s Non-Discrimination Policy
3 ] Approval of Agenda
4] Liaison Reports from Councilmembers
5] Mayor' s Report
6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS
7] 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. )
*8 ] Approval of Minutes of January 8 , 1991
9] Communications:
*a] VFW Ladies Auxiliary re: POW/MIA Flag at Memorial Park
*b] Metropolitan Area Management Ass 'n. re: dues for labor
relations subscriber service
*c] Steve Hurley, MIS Coordinator, re: Police Phone System
10] PUBLIC HEARINGS:
a] 7 : 30 P.M. - Street Reconstruction to:
- Shumway Street between 3rd and 6th
- Scott Street between 6th and 7th
b] 7 : 45 P.M. - Street Reconstruction to:
- Jackson Street between 11th and 12th
- Harrison Street between 11th and 12th
11] Boards and Commissions:
Planning Commission:
a] Rezoning Request from R-4 to R-3 - Ord. No. 303
b] Amending Zoning Regulations Relating to Mineral Extraction
- Ord. No. 304
Community Development Commission
c] 1991 Star Cities 1-Yr. Work Plan
d] Star Cities 5-Yr. Work Plan
TENTATIVE AGENDA
JANUARY 22 , 1991
Page -2-
12] Reports from Staff:
a] Snowmobiles
*b] Save O ' Dowd Lakes Chain Association License
*c] 3 . 2 On Sale Beer License - Pizza 'n' Pasta
d] Municipal State Aid System
*e] Release from Subdivision Agreement
*f] Appeals Committee - tabled 12/18/90
g] Interim Organization of the Park & Rec. Dept.
h] Approve Bills in Amount of $2 , 275, 106 . 01
(which inclues bond debt service payments of $1, 828, 845)
i] Appointments to Boards & Commissions
13 ] Resolutions and Ordinances:
*a] Res . No. 3345 - Declaring Cost To Be Assessed and Setting
Public Hearing for 1990-11 Sidewalk
Replacement Program
*b] Res. No. 3346 - Approving Premises Permit for Shakopee
Aeries 4120
14 ] Other Business:
a] Y►'Z 0114
b] freave^A.t.A—... cat....0";;z: le•Ad 14,444A-4- 576D4A4-964444/ .
d]
15] Recess to Executive Session to discuss property acquisition
and collective bargaining.
16] Reconvene
17] Adjourn
Dennis R. Kraft
City Administrator
REMINDER: City Council will meet as a Committee of the Whole on
Tuesday, January 29 , 1991 at 7 : 00 P.M. with the
Planning Commission to continue discussion on the
Comprehensive Plan: 1990 - 2010
r
OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL
REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 8, 1991
Mayor Laurent called the meeting to order with Cncl. Clay, Zak,
Vierling, Wampach and Sweeney present. Also present were Dennis
Kraft, City Administrator; Barry Stock, Asst. City Administrator;
Dave Hutton, City Engineer; Lindberg Ekola, City Planner, Gregg
Voxland, Finance Director; Karen Marty, City Engineer; and Judith
Cox, City Clerk.
The following items were added to the agenda:
18a. Premise permit for Shakopee American Legion.
18b. Discussion on snowmobiles within the City limits.
Vierling/Wampach moved to approve the agenda as amended. Motion
carried unanimously.
Wampach/Sweeney offered Resolution No. 3336, A Resolution of
Appreciation to Jim Kephart, and moved its adoption. Mayor Laurent
read the resolution. Motion carried unanimously.
Wampach/Vierling offered Resolution No. 3335, A Resolution of
Appreciation to Jim Karkanen, and moved its adoption. Mayor
Laurent read the resolution. Motion carried unanimously.
Discussion ensued on the objectives and procedures of the City
Council meetings. The items discussed were: whether or not the
Mayor's report is necessary, whether or not more items could be
added to consent business, some liaison report items could actually
be other business, and motions to table should not be discussed.
Mayor Laurent recessed to Housing and Redevelopment Authority at
7 : 16 p.m.
City Council was reconvened at 7:30 p.m.
Liaison reports were given by Councilmembers.
Mayor Laurent gave the Mayor's report.
Mayor Laurent asked if there was anyone present from the audience
who wished to address anything not on the agenda. There was no
response.
The following item was added to the consent business.
18a - Premise permit for Shakopee American Legion.
The following item was omitted from consent business:
16a - Municipal Parking Lot Leases.
Proceedings of the January 8, 1991
Shakopee City Council Page -2-
Sweeney/Vierling moved to approve the consent business. Motion
carried unanimously.
Clay/Vierling moved to approve the minutes of December 5, 1990.
Motion carried unanimously.
Sweeney/Vierling moved to approve the minutes of December 18, 1990.
(Motion approved under consent business) .
Mr. Terrence McWilliams, Director of Mutuals and Business
Development, Ladbroke Racing Canterbury Downs, was present to
discuss tele-racing concept in Minnesota. The legislation proposes
the creation of tele-racing facilities throughout the State of
Minnesota. This would integrate all the races throughout the
United States. He said the current threat is the Dog Racing Track
currently being built in Hudson, Wisconsin. He said there would be
a limited number of these proposed facilities which would be
located within the population centers. He said the benefits to the
State would be the direct State Paramutual Tax Revenues from the
increased paramutual handle. The Cities would benefit from jobs in
construction, jobs in year-round operation of the facility,
tourism, purses at Canterbury will rise which will put them on par
with other major racing facilities in the United States. They are
proposing anywhere from 10-15 tele-racing facilities in the
outstate area.
Wampach/Clay offered Resolution No. 3338, A Resolution Expressing
the City of Shakopee' s Support for Canterbury Downs and Minnesota's
Horse Racing Industry in their Legislative Initiative to Authorize
Tele-Racing in Minnesota, and moved its adoption. Motion carried
unanimously.
Sweeney/Vierling moved to remove from the table the
Refuse/Recycling Service Contract Amendment #4 . Motion carried
unanimously.
Vierling/Wampach moved to table the Refuse/Recycling Service
Contract Amendment #4 until Mr. Berkopec could be present later
this evening. Motion carried unanimously.
Clay/Sweeney moved to remove from table the Park Dedication
Requirements. Motion carried unanimously.
The City Planner reviewed the issue of Park Dedication
Requirements. He said that Mr. Dick Peterson, Legal counsel for
Allianz Investment Corporation is not in opposition to the proposed
ordinance requirements. They require that each plat be reviewed on
a case by case basis. Staff will be developing administrative
procedures for the park dedication requirements. The requirements
state that as a general rule 10% of the plat would be required for
park dedication. As stated the 10% could go up or down from there.
g
Proceedings of the January 8 , 1991
Shakopee City Council Page -3-
Cncl . Vierling said she would like a hard number be put on it.
Mayor Laurent said a hard number would not be legal. Cncl . Sweeney
asked if there could be some wording that would state that 10% is
in no way a ceiling.
Sweeney/Vierling offered Ordinance No. 302 , An Ordinance of the
City of Shakopee, Minnesota, Amending Chapter 12 , Subdivision
Regulations (Platting) of the City Code, by Repealing Section
12 . 07 , Subdivision 5, Public Sites and Open Spaces, and Enacting
one New Subdivision in Lieu thereof, Relating to Dedication of Land
for Public Use, and moved its adoption; and approved the summary
attached thereto. Motion carried unanimously.
Sweeney/Vierling moved to grant a license to Jack Brambilla for use
of the Black Arrow Parking Lot for 25 spaces at $12 . 00 each and 12
spaces at no charge to be terminable at the will of Council .
Motion carried unanimously.
Sweeney/Wampach moved to authorize and direct proper City officials
to enter into an agreement with Bergsted Properties for a municipal
parking lot permit for 1991 for 7 spaces in the Black Arrow Parking
Lot at $12 . 00 per parking space. Motion carried unanimously.
Sweeney/Vierling moved to authorize proper City Officials to
execute the maintenance contract with Minnesota Plumbing and
Heating for $2 , 508 . 00, and the rate of $38 . 00 per hour for all
repair work completed on call plus parts for work done not in
conjunction with normally scheduled maintenance checks, for the
1991 operational year. (Motion approved under consent business) .
Zak/Clay moved to authorize the purchase of a compact pickup from
Viking Chevrolet in the amount of $8 , 732 . 87 in accordance with the
1991 Engineering Department budget and the Hennepin County
Contract.
Sweeney/Wampach moved to amend the motion to remove the
installation of air conditioning and automatic transmission. Motion
fails with Cncl . Wampach and Sweeney in favor of the motion.
Motion carried on the main motion with Cncl . Sweeney and Wampach
opposed.
Sweeney/Vierling moved to set the mileage reimbursement rate for
the use of personal vehicles for City business at $. 275/mile
effective January 1, 1991. (Motion approved under consent
business) .
Sweeney/Vierling moved to designate the Shakopee Valley news as the
official newspaper for the City of Shakopee for the year 1991.
(Motion approved under consent business) .
Proceedings of the January 8, 1991
Shakopee City Council Page -4-
Sweeney/Vierling moved to approve bonds submitted by the City Clerk
and City Treasurer and direct that they be placed on file with the
City Clerk. (Motion approved under consent business) .
Sweeney/Clay moved to nominate:
Joan Lynch and William Mars - Planning Commission/Board of
Adjustments and Appeals.
Cole Van Horn, Jon Albinson, Charles Brandmire - Community
Development Commission.
John Drees, Gail Mars, Joe Kelly - Energy & Transportation
Committee.
Robert Green, Larry Moonen - Cable Communication Advisory
Commission.
Robert Turek and Gene Juergens - Housing Advisory and Appeals
Board.
Robert Turek, Gene Juergens - Building Code Board of Adjustments
and Appeals.
Terry O'Toole, Barry Kirchmeier, Charles Brandmire, Dave Rockne,
Eldon Reinke - Shakopee Public Utilities Commission.
Don Mertz, Stan Von Bokern, Steve Johnson, Al DuBois - Police Civil
Service Commission.
Charles Brandmire, Steve Johnson, Robert Green, Robert Tomczik,
Anne Seifert, Charles Herrgott - Park and Recreation Advisory
Board.
Eldon Reinke - Board of Review.
Lil Abeln, Bill Anderson, Bill Harrison, James Bastyr, Larry
Moonen, Robert Green - Community Access Corporation Board of
Directors.
Cole Van Horn - Ad Hoc Downtown Committee.
Motion carried unanimously.
Sweeney/Vierling moved to authorize the City Clerk to issue
cigarette licenses for 1991. (Motion approved under consent
business) .
Clay/Zak moved to approve the purchase of a six line, twenty-five
station Encore CX telephone system from Executone of Minneapolis
for the police department at a total price of $10, 012 ; one-half
g"
Proceedings of the January 8 , 1991
Shakopee City Council Page -5-
($5 , 006) to be paid prior to installation and the other half upon
acceptance by the City. Motion carried unanimously.
Sweeney/Vierling moved to approve the transfer of the remaining
balance of $3 , 616 . 64 from the MEBCO (Motel) Capital Projects Fund
to the 86A TIF Debt Service Fund in order to close out the capital
projects fund. (Motion approved under consent business) .
Sweeney/Vierling moved to approve the transfer of the remaining
balance of $3 , 938 . 08 from the Senior Hi-rise Debt Service Fund to
the 86B TIF Debt Service Fund in order to close out the former.
(Motion approved under consent business) .
Sweeney/Vierling moved to approve the transfer of the remaining
balance of $193 , 553 . 16 from the 72 Improvement Debt Service Fund to
the Capital Improvement Fund in order to close out the former.
(Motion approved under consent business) .
Sweeney/Vierling moved to approve the transfer of the remaining
balance of $42 , 949 . 83 from the 79A Improvement Fund to the Capital
Improvement Fund to close out the former. (Motion approved under
consent business) .
Sweeney/Vierling moved to approve transfer from Sewer Fund
operating cash to Sewer Debt Service $84 , 000 for debt payments in
1991. (Motion approved under consent business) .
Sweeney/Vierling moved to approve transfer from the CIF to the 1988
Improvement Capital Projects from $1, 130. 06 to cover the cash
overdraft. (Motion approved under consent business) .
Sweeney/Vierling moved to approve transfer from the Downtown
Capital Projects fund to the related Debt Service Fund 87A GO TIF,
$226 , 483 , 11 to close the capital projects fund.
(Motion approved under consent business) .
Sweeney/Vierling moved to approve the transfer from the Capital
Equipment Fund to the General Fund $279 , 213 . 55 for the purchase of
equipment. (Motion approved under consent business) .
Sweeney/Vierling moved to approve the transfer from the TIF Trust
Fund to the following debt service funds for 1991 debt service
payments:
1986A TIF Refunding $245, 000 . 00
1986B GO TIF 185 , 000 . 00
1987B GO TIF 155, 000 . 00
1987A GO TIF 165 , 000 . 00
1988B GO TIF 120 , 000 . 00
1989A GO TIF 345, 000. 00
(Motion approved under consent business) .
Proceedings of the January 8 , 1991
Shakopee City Council Page -6-
Sweeney/Vierling moved to approve the transfer from the TIF Trust
fund to the 1986A GO TIF Debt Service Fund $95, 989 . 04 to provide
the balance of the funds needed for the approved defeasance of the
bonds. (Motion approved under consent business) .
Sweeney/Vierling moved to table the action on the County Road 17
Cooperative Agreement and direct the appropriate City officials to
meet with County officials to examine the Scott County Policy
adopted in 1986 and explore alternatives which would clarify the
City' s financial participation on County Projects in non-urban
areas. (Motion approved under consent business) .
Clay/Sweeney moved to approve the bills in the amount of
$1, 905, 788 . 45 . Motion carried unanimously.
Cncl . Sweeney asked if it would be possible for the bills to be
restated to show the actual bills being paid as opposed to the
interfund transfers, and purchases of investment. Gregg Voxland
said that it would be possible to separate the two issues and they
would format as such on the agenda.
Sweeney/Vierling moved to reconsider the motion that was made at
the December 18, 1990 Council meeting adopting the exempt employee
compensation schedule. (Motion approved under consent business) .
Sweeney/Vierling moved to approve the exempt employee compensation
schedule as submitted at the December 18 , 1990 Council meeting.
(Motion denied under consent business) .
Sweeney/Vierling moved to offer Resolution No. 3340, A Resolution
Amending Resolution No. 3329 Adopting the 1991 Pay Schedule for the
Officers and Non Union Employees of the City of Shakopee and moved
for its adoption (Motion approved under consent business) .
Vierling/Sweeney moved to remove from table Refuse/Recycling
Service Contract Amendment #4 . Motion carried unanimously.
Discussion ensued on the pending landfill increase and the
alternatives available. Mr. Berkopec stated that the proposed
arrangement for splitting the material revenue and PERCS payments
between Waste Management and the City of Shakopee would keep rates
at their current level for atleast six months. He also stated that
the proposed arrangement would provide for a sharing of risk when
it comes to the amount paid for recycled materials.
Sweeney/Vierling moved to amend the Shakopee Refuse/Recycling
Service Contract Amendment #4 by inserting in the 2nd to the last
line on the 2nd page of the main body, 10% where it presently says
20% . Motion carried unanimously.
b
Proceedings of the January 8 , 1991
Shakopee City Council Page -7-
Sweeney/Vierling moved to approve the Shakopee Refuse/Recycling
Service Contract Amendment #4 as amended. Motion carried
unanimously.
Clay/Wampach moved to offer Resolution No. 3339 a Resolution
Amending Resolution No. 3328 Adopting the 1991 fee schedule to
reflect an increase in the extra service refuse coupon and moved
for its adoption. Motion carried unanimously.
Discussion ensued on Council liaisons to various boards.
It was discussed and decided that Cncl. Vierling will act as
alternate for the School Board and Cncl . Sweeney will be the
liaison for Murphy' s Landing.
Sweeney/Wampach moved to ratify to Mayor's liaison appointments at
this time. Motion carried unanimously.
The liaison appointments are as follows:
Park and Rec Advisory Board - Steve Clay
Shakopee Public Utilities Commission - Jerry Wampach
Shakopee Valley Conservation/Water Basin - Joe Zak
Murphy' s Landing - Bob Sweeney
Scott County Board - Bob Sweeney
School Board - Steve Clay, Gloria Vierling, Alternate
AMM Delegate - Gary Laurent
AMM Alternate - Gloria Vierling
SRA - Gloria Vierling
Acting (Vice) Mayor - Bob Sweeney
Sweeney/Vierling moved to offer Resolution No. 3332 , a Resolution
Receiving a Report and Calling a Hearing on Improvements to Shumway
Street, between 3rd Avenue and 6th Avenue and Scott Street, Between
6th Avenue and 7th Avenue, Project No. 1991-1 and moved for its
adoption. (Motion approved under consent business) .
Sweeney/Vierling moved to offer Resolution No. 3333 , A resolution
Receiving a Report and Calling a Hearing on Improvements to
Jackson/Harrison Streets, Between 11th Avenue and 12th Avenue,
Project No. 1991-2 and moved for its adoption. (Motion approved
under consent business) .
Sweeney/Vierling moved to offer Resolution No. 3334 , A Resolution
Declaring the Cost to be Assessed and Ordering the Preparation of
Proposed Assessments for the Tyler Street Light, between 12th
Proceedings of the January 8, 1991
Shakopee City Council Page -8-
Avenue to Vierling Drive, Project No. 1990-9 and moved for its
adoption. (Motion approved under consent business) .
Sweeney/Vierling moved to offer Resolution No. 3337, A Resolution
Rescinding Resolution No. 3195, A Resolution Determining the
Necessity for and Authorizing the Acquisition of Certain Property
by Proceeding in Eminent Domain for Purposes of Constructing a
Roadway and moved for its adoption. (Motion approved under consent
business) .
Sweeney/Vierling moved to authorize City staff to expend up to
$15, 000. 00 out of the Capital Improvement Fund to remove the node
at 2nd Avenue and Atwood Street. (Motion approved under consent
business) .
Sweeney/Clay moved to reconsider Resolution No. 3331. Motion
carried unanimously.
Vierling/Sweeney moved to offer Resolution No. 3331, Designating
Gloria Vierling as Director and Dennis Kraft as Alternate to
Suburban Rate Authority, and moved for its adoption. Motion carried
unanimously.
Sweeney/Vierling moved to offer Resolution No. 3341, A Resolution
Apportioning Assessments Among New Parcels Created as a Result of
Platting of Canterbury Park Third Addition and moved for its
adoption (Motion approved under consent business) .
Sweeney/Vierling moved to offer Resolution No. 3342 , A resolution
of the City of Shakopee, Minnesota, Approving a Premises permit for
Shakopee American Legion Post #2 , and moved for its adoption.
(Motion approved under consent business) .
Cncl. Clay brought up the issue of snowmobiles close to the Hauer's
Addition and along the drainage way in that area. He thought it
might be a good idea to put some signage along the area. There
have been many concerns in general of snowmobiles within the City
limits. It was consensus of the Council to have staff look into
the ordinance and see if any changes should be made. Cncl. Sweeney
said that the local snowmobiling club would like to be involved in
finding solutions to problems.
Mayor Laurent called a recess at 9: 30 for an Executive Session to
discuss labor negotiations and to discuss negotiations on the
purchase of property.
1 Mayor Laurent reconvened the Council at 10:40 p.m. and stated that
no action was taken in the Executive Session.
K
Proceedings of the January 8, 1991
Shakopee City Council Page -9-
Sweeney/Vierling moved to adjourn to Tuesday, January 15, 1991 at
7:00 p.m. Motion carried unanimously. Meeting adjourned at 10:40
p.m.
vistAkj , )(1)(.:
J d' h S. Cox
Ci Clerk
Carol Schultz
Recording Secretary
U ' .,; 'LA i' Q0.
City of Shakopee Jan. 1 , 1991
129 east 1st ave .
Shakopee, MN 55379
Dear Mr . Mayor ,
The V.F.W. ladies auxiliary post #4046 of Shakopee , would like to
donate a P.O.W./M. I .A. Flag, in Honor of our Prisoner of war and
Missing in Action. We would like permission to fly the FLag on the
Mounment at Memorial Park in Shakopee. Please reply to our Auxiliary
Secretary; Della M. Clay
2085 Austin Cir.
Shakopee, MN 55379
Sincerely,
° P.O.W./M. I .A. Chairman
S : r1 Rebecca A. Dickson
L
RECOMMENDED ACTION:
Move to approve the request of the VFW Ladies Auxiliary Post
#4046 to fly a P.O.W. /M. I .A. Flag on the Monument at Memorial Park
in Shakopee .
`CONSENT ? )
Metropolitan Area management Affociation
of the Twin City Area
January 4, 1991
Mr. Dennis Kraft
City Administrator
City of Shakopee
129 East First Avenue
Shakopee, MN 55379
Dear Mr. Kraft,
The amount due for the Labor Relations Subscriber Service for the
year March 14 , 1991 through March 14 , 1992 is:
$2 , 600. 00
This amount is payable on receipt of this statement to the
ASSOCIATION OF METROPOLITAN MUNICIPALITIES - LABOR RELATIONS
SUBSCRIBER SERVICE, 183 University Avenue East, St. Paul, Minnesota
55101.
of 43/o - 1 ) 1 ,
NOTE: The City Council budget includes $2,200 for this item. The
$400 difference would come from the City council division
budget .
REQUESTED ACTION:
Approve payment of $2 ,600 .00 to the Association of Metropolitan
Municipalities - Labor Relations Subscriber Service for labor
relations subscriber service for the year March 14, 1991 through
March 14, 1992 .
94
finRnnR
Metropolitan Area Management Affociotion
of the Twin City Area
DATE: December 31, 1990
TO: METROPOLITAN AREA MANAGEMENT ASSOCIATION MEMBERS (MAMA)
AND MAMA LABOR RELATIONS SUBSCRIBER SERVICE MEMBERS
FROM: CRAIG RAPP, PRESIDENT
METROPOLITAN AREA MANAGEMENT ASSOCIATION
SUBJECT: MAMA LABOR RELATIONS SUBSCRIBER SERVICE
A MAMA Committee on labor relations subscriber services and a
Greater Minnesota Cities Labor Relations Committee have developed
a new agreement with Labor Relations Associates, Inc. (LRA) . The
agreement calls for the provision of special labor relations
services for metropolitan area cities, to be administered by the
Association of Metropolitan Municipalities (AMM) , and the provision
of basic labor relations services to Greater Minnesota cities. The
new agreement with LRA for special subscriber labor relations
services builds upon a history of agreements between LRA, MAMA,
AMM, and the League of Minnesota Cities (LMC) for labor relations
services dating back to 1968 .
The services that will be provided to metropolitan area and Greater
Minnesota cities by LRA are outlined in the enclosed copy of the
AGREEMENT.
The services include most of the services which the metropolitan
area subscriber cities have been receiving under the subscriber
service program that have been in effect through the LMC for more
than twenty years.
A number of important new services, however, which the MAMA
Committee believes are needed by Minnesota cities in the 1990s have
been added. They include: assistance with individual city efforts
to meet the requirements of the State Local Government Pay Equity
Act (LGPEA) as administered by the Minnesota Department of Employee
Relations (DOER) , as enforced by court decisions, and as enforced
by decisions of the Minnesota Department of Human Rights (DHR) ;
assistance with cities ' joint efforts involved with the enforcement
of LGPEA and/or legislation designed to modify the Act; maintenance
by LRA of an expanded data base on a current basis for the job
classifications of police officer, firefighter, police sergeant,
and public works maintenance person (or equivalent) ; and assistance
to cities with regard to grievances, personnel policies and
practices, responses to administrative agencies in such areas as
veterans ' preference, workers ' compensation, unemployment
compensation, equal employment opportunity, affirmative action and
employee discipline.
Additionally LRA will provide regional training opportunities
dealing with supervisory issues, significant labor relations
issues, and issues pertaining to State and Federal legislation.
The MAMA committee believes that the expanded focus of the
metropolitan area labor relations service will better equip
metropolitan area cities to deal with the challenges facing
Minnesota cities in the 1990s, particularly the new legal
environment surrounding labor relations and personnel issues. This
expanded focus together with the development of a Greater Minnesota
subscription service will assist the metropolitan area and greater
Minnesota cities in their efforts to develop a more coordinated
approach to labor relations/personnel problems which require a
coordinated effort - particularly in such areas as the enforcement
of the LGPEA and changes in legislation which will have an impact
on all cities.
The fee schedule for the 1991-1992 metropolitan area cities
subscriber service year beginning March 15, 1991 and ending March
14, 1992 will be:
Population Category 1991-1992 Fee
Under 5,000 $ 1,500
5,000 - 9,999 2, 100
10, 000 - 14,999 2, 600
15, 000 - 19,999 3 , 100
20, 000 - 29, 999 3 , 600
Over 30, 000 4, 200
Invoices and copies of the 1991-1992 AGREEMENT are being sent to
all metropolitan area cities currently using the special subscriber
services. Those MAMA cities not using the special subscriber
services will also receive a copy of this letter and copies of the
agreement. If a non-subscribing city wishes to begin to use the
special subscriber services, it may do so by remitting the
appropriate fee to the Association of Metropolitan Municipalities,
Labor Relations Subscriber Service. Population is based on most
recent Metropolitan Council population estimates. Remittance of
the special subscriber fee should be forwarded to the Association
of Metropolitan Municipalities by February 15, 1991.
Separate Agreements will continue to exist with the Association of
Metropolitan Municipalities and the League of Minnesota Cities.
These Agreements provide for additional services to metropolitan
and greater Minnesota cities. The first is "general membership
services" for cities that are members of the League of Minnesota
Cities and the Association of Metropolitan Municipalities. Each of
these organizations contribute an amount to the labor services fund
on behalf of their respective membership. The "general membership
services" part of the agreement provides for: articles in the
League of Minnesota Cities magazine, general advice and assistance
by telephone or correspondence; one personal conference; advice on
arbitrator's selection; and advice and assistance to the League of
Minnesota Cities staff relating to the proposed or adopted State
and Federal legislation. The AMM services include meeting,
telephone calls, review of proposals and counter-proposals with
regard to the AMM members labor relations efforts, and general
coordination of the metropolitan cities labor relations polls.
If you have any questions with regard to the services outlined in
this letter or the contents of this Agreement, please call me.
Your City's check for the amount on the enclosed invoice should be
made payable to:
ASSOCIATION OF METROPOLITAN MUNICIPALITIES
and mailed by February 15, 1991 to:
ASSOCIATION OF METROPOLITAN MUNICIPALITIES
183 UNIVERSITY AVENUE EAST
ST. PAUL, MN 55101
cc: Donald Slater, Executive Director, LMC
Vern Peterson, Executive Director, AMM
Eric B. Sorensen, City Manager, City of Winona, Chairman
Greater Minnesota Labor Relations Committee
AGREEMENT BETWEEN METROPOLITAN AREA MANAGEMENT ASSOCIATION
(MAMA) ON BEHALF OF SUBSCRIBER METROPOLITAN AREA AND GREATER
MINNESOTA CITIES AND LABOR RELATIONS ASSOCIATES, INC. (LRA)
A. PURPOSE OF AGREEMENT
The purpose of this Agreement is to provide for the provision
of labor relations, employee compensation analysis, and personnel
services to subscriber Twin Cities metropolitan area and greater
Minnesota cities and remuneration for such services as outlined
below.
B. SERVICES TO BE PROVIDED
1. FOR TWIN CITIES METROPOLITAN AREA CITIES
LRA personnel - Principals and Associates - will not charge
individual subscriber cities for services outlined as follows :
a. A principal of LRA will participate with subscriber
cities in any joint negotiations and/or mediation involving two or
more subscribers and a common union representing similar bargaining
units when the cities chose to bargain jointly.
b. A principal of LRS will consult with subscriber cities '
elected and/or appointed officials by telephone, letter, Fax, or in
person with regard to their individual labor relations, employee
compensation, and personnel matters.
c. LRA principals will provide subscribers with data
maintained by LRA as provided for by this Agreement, make
recommendations as to commonly used language to be placed in labor
agreements, make recommendations for initial city response to
grievances filed by employee organizations, make recommendations
regarding individual arbitrators in interest and/or grievance
arbitration cases, provide recommendations with regard to the
general content of a subscriber's personnel policies and practices,
provide initial recommendations regarding responses to State
administrative agencies involving such issues as workers '
compensation, unemployment compensation, veterans ' preference,
equal employment opportunity/human rights, and affirmative action,
and make initial recommendations as to appropriate disciplinary
action on a case by case basis consistent with the requirements of
"just cause" or the criteria specified by State veterans '
preference legislation.
d. LRA principals will assist subscribers with their
preparation of wage and fringe benefit data, provide analyses of
interest and grievance arbitration awards involving subscribers
individually or collectively, and provide representation in
1
individual subscriber collective bargaining and/or mediation
provided the issue(s) involved have potential pattern setting
impact on the bargaining efforts of other subscriber cities.
e. A principal of LRA will provide advice to assist
subscribers in their efforts to comply with the requirements
established by the Minnesota LOCAL GOVERNMENT PAY EQUITY ACT
(LGPEA) , Minn. Stat. Chapter 471 as administered by the Minnesota
Department of Employee Relations (DOER) .
f. A principal of LRA will provide general advice to assist
individual subscribers with their preparation of reports or
analyses required by DOER or the Minnesota Department of Human
Rights (DHR) under the provisions of the LGPEA.
g. A principal of LRA will provide general advice to assist
individual subscribers with their preparation of any appeals of
findings by DOER or DHR under the provisions of the LGPEA.
h. LRA will serve as liaison to various municipal officials '
groups as directed by MAMA.
i. LRA will maintain a data base to include current
information for the job classifications of police officer,
firefighter, police sergeant (or equivalent) , and public works
maintenance person (or ecuivalent) . The data base will include
Stanton Group V and VI cities for the following information:
1. ) compensation. (wage rates, longevity pay,
performance pay, lump sum payments and salary
steps) ;
2 . ) level of city insurance contributions for health,
dental , LTD;
3 . ) uniform allowance;
4 . ) educational incentive;
5. ) vacation accrual;
6. ) overtime pay;
7 . ) court time compensation;
8 . ) call back pay;
9 . ) standby time;
10. ) wage differentials (shift or assignment) ;
11. ) severance pay;
12 . ) holidays;
13 . ) injury on duty;
2
9-0!
14 . ) compensatory time;
15 . ) sick leave;
16. ) work/shift schedules; and,
17 . ) subscriber city labor agreements.
j . LRA will provide subscribers with information regarding
significant labor relations and/or personnel items on a quarterly
basis.
In the performance of these duties LRA personnel will:
1. ) respond to telephone, letter, or Fax inquiries from
subscribers;
2 . ) agree not to represent any labor organization
during the contract period;
3 . ) maintain normal working hours;
4 . ) maintain telephone and Fax facilities in LRA
offices; and,
5 . ) submit written monthly reports of services provided
to subscribers.
2 . FOR GREATER MINNESOTA CITIES
LRA personnel - principals and associates - will not charge
individual subscriber cities for services outlined as follows:
a. A principal of LRA will consult with the individual
subscriber cities ' elected and/or appointed officials by telephone,
letter, Fax, or in person in LRS, offices with regard to their
individual labor relations, comparable worth, or personnel matters.
b. LRA will provide current compensation (wage, longevity,
performance pay) data for Greater Minnesota cities with a
population of 2 , 000 or more for the police officer and firefighter
job classifications.
c. A principal of LRA will provide general advise to assist
individual subscribers with their preparation of reports or
analyses required by the Minnesota Department of Employee Relations
(DOER) orshe Minnesota Department of Human of the LOCAL GOVERNMENT PAY EQUITY gACT (LGPEA) .hts (DHR) the
provisions
d. A principal of LRA will provide general advise to assist
individual subscribers with their preparation of any appeals of
findings by DOER or DHR under the provisions of the LGPEA.
e. LRA will provide individual subscribers with one
3
comparable worth (LGPEA compliance) scattergram analysis each
calendar year based on data provided to LRA by the subscriber.
3 . EDUCATION: METROPOLITAN AND GREATER MINNESOTA CITIES
a. LRA personnel- principals and associates - will provide
for all interested cities yearly regional training opportunities
dealing with supervisory issues, labor relations issues, and issues
pertaining to State and Federal legislation.
We suggest that MAMA and the Greater Minnesota Cities establish an
education committee which will provide input and approval relating
to content and location of a yearly training program developed in
concert with LRA.
Commencing in 1992, it would be the intent of LRA to provide
reasonably priced training opportunities at convenient locations
throughout the State to enhance the skills of City personnel in
such areas as contract administration, grievance handling,
discipline, reinforcement and performance appraisal and other
subjects as directed by the committee. We see this expanded effort
as integral in developing a consistent, professional approach by
City personnel to the burdens we continue to face from labor unions
and the dictates of State and Federal legislation.
b. LRA will provide recommendations for educational programs
for persons assigned by the subscribers the responsibility of
handling labor relations and personnel matters.
4 . GENERAL PROVISIONS
a. Consultant Facilities and Services
In the provision of the above stated services LRA will
maintain telephone and FAX services in LRA offices and respond to
inquiries from subscribers within three (3) working days. LRA will
also maintain the capacity to provide additional labor relations,
comparable worth, and personnel services to individual subscribers
either directly or through subcontractors acceptable to LRA.
b. Consultant Renumeration
LRA will be remunerated for the services provided as outlined
above through the payment of:
1. ) a fixed monthly retainer fee; and
2 . ) a fee based on hours worked by LRA principals
and/or associates.
4
3 . ) Work performed by LRA personnel for subscribers in
addition to the services provided for above will be
billed at an hourly rate agreed to by MAMA, Greater
Minnesota Cities Labor Relations Committee, and LRA
in addition to reimbursement for any direct
expenses incurred by LRA.
Items (1) and (2) above are subject to an upper dollar
remuneration limit each contract year period. Any monies not
expended in a contract year will be carried over and be available
for payment in following years. Item (3) above pertains to LRA
billings to individual subscribers.
The dollar amounts to be shown in (1) , (2) and (3) above will
be set each year of the Agreement based on discussions between
MAMA, Greater Minnesota Cities Labor Relations Committee, and LRA.
c. Duration and Cancellation
This agreement shall be effective March 15, 1991 and continue
in full force and effect until March 14, 1994 . This Agreement is
subject to termination by either party with the provision of ninety
(90) days ' notice.
d. Exclusivity of Representation
LRA principals and associates agree that they will not during
the term of this agreement, represent any employee organization.
Nor will LRA principals and associates represent any employee
organization for a period of two (2) years after termination of
this agreement if the agreement is terminated by LRA.
FOR THE METROPOLITAN AREA FOR LABOR RELATIONS ASSOCIATES,
MANAGEMENT ASSOCIATION INC.
1111
1 .). p L
Dated this 2D day of D- i day of
, 1990. L I / , 1990 .
FOR GREATER MINNESOTA CITIES
LABOR RELATIONS COMMITTEE
Dated this day of Dat this df day of
, 1990. 1990 .
5
APPENDIX A
FEES: March 15, 1991 to March 14 , 1992
1. MAMA Subscribers:
Population 1991-1992 Fee
Under 5,000 $1, 500
5, 000 - 9,999 $2, 100
10, 000 - 14,999 $2, 600
15, 000 - 19,999 $3 , 100
20, 000 - 29, 999 $3 , 600
Over 30, 000 $4, 200
2 . Greater Minnesota Cities:
Population 1991-1992 Fee
Under 5, 000 $1, 200
5, 000 - 9, 999 $1, 400
10, 000 - 14 , 999 $1, 700
15, 000 - 19, 999 $1, 900
20, 000 - 29 , 999 $2, 100
Over 30, 000 $2, 300
3 . Services provided by the Consultant which are outside of the
scope of this agreement and which are provided to these cities
participating in this subscriber service shall be billed at the
rate of $65. 00 per hour for the 1991-1992 agreement period.
•
Leacue of Minnesota Cities Fee $3 , 537
(see separate agreement)
Association of Metropolitan Municoalities Fee $3 , 537
(see separate agreement)
6
0NS��r
MEMO TO: Dennis Kraft, City Administrator
FROM: Steve Hurley, MIS Coordinator
SUBJECT: Police Phone System - Informational
DATE: January 11, 1991
INTRODUCTION:
A quotation from a local vendor was received for the Police
department phone system. It is the purpose of this memo to provide
Council with the additional information regarding the evaluation of
this vendor and proposal.
BACKGROUND:
The City Council at their January 8th meeting approved a motion
accepting a quotation from Executone of Minneapolis for the new
Police phone system. Staff learned that a local vendor was
overlooked and had not had an opportunity to submit a quotation.
The City has received a quotation from Rodack Enterprises of
Shakopee for the Police phone system. To be fair, it was evaluated
using the same criteria applied to the four proposals surviving the
first cut. The evaluation sheets for Executone and Rodack are
attached.
A comparison of the two sheets shows that although Rodack' s
quotation is less, Executone outpoints Rodack. In the evaluation
process, the quotation does not carry the same weight as Ease of
Use, Training, Warranty and Service.
EASE OF USE . . . Rodack Enterprises proposed an ITT ECX phone
system that has a button layout more confusing
than the phones proposed by Executone.
TRAINING . . . A charge for training after the first year and
normal working hour availability compared to
free training for the life of the system and
flexible hours proposed by Executone.
WARRANTY . . . Two (2) year limited on parts (Rodack
Enterprises could not explain what was
limited) , and 1 year on labor. Executone offers
two years on both.
SERVICE . . . Though Rodack' s service charge per hour was
less than Executone' s the important difference
was in service availability.
9G
Comments should be made about the evaluation other than those
listed on the comparison sheets.
The owner of Rodack Enterprises has considerable telephone
experience but he has had the company for only three years. If the
City purchases a system from Rodack can we be sure that it will be
around to provide service in the future? Executone of Minneapolis
has been in business for 37 years. If they go out of business the
parent company Executone will guarantee service and parts through
their network of 250+ locations.
Rodack purchases its phone equipment from wholesale supply houses
and does not maintain its own stock of replacement phones and
parts. Executone must retain by company policy, a total stock of
replacement hardware. They will guarantee sufficient local
replacement stock for seven years from the date of installation.
Rodack' s ability to provide 24 hour emergency serviceis a prime
consideration. The phone system at the police department is
critical to their operation. Rodack Enterprises is a one person
business and has limited flexibility and backup should an emergency
occur. Executone, on the other hand, has more than 20 people in
support and customer service positions and employs radio dispatched
technicians.
Based on this evaluation it is staff' s recommendation that no
change is made in vendor selection.
ACTION REQUESTED:
Move to receive and file.
9C''''.
VENDOR:
Rodack PHONE SYSTEM EVALUATION
Enterprises 1
WEIGHT POINTS WEIGHT
CATEGORY DESCRIPTION (1-5) (1-10) X
POINTS
EASE OF USE 5 8 40
Programmability On-site only. In-house programmable.
Documentaion Yes
Button layout Good
Button flexibility All keys programmable
TRAINING 5 9 45
Hours Working hours.
Location On-site
Cost $0 for first year only.
WARRANTY 4 8 32
Parts 2 years Ltd.
Labor 1 year
SERVICE 4 6 24
Hours Working hours.
T & M cost $28 per hour labor charge.
Availability 2 hour emergency.
Maint. agree. cost No aggreement available at present.
QUOTE $8,855 3 11* 33
UPGRADE COST 2 11* 22
12 lines/40 phones $225/140 + 180/phone = $3095
$8,855 + 3,095 = $11,950
REFERENCES Poor. 1 6 6
One good, two bad references.
PHONES
Brand: ITT ECX
Styles: 10 key
w/speaker
10 key TOTAL POINTS 202
w/speaker & LCD POSSIBLE POINTS 240
* Points increased to allow comparison with Executone
which had already been awarded the maximum for these categories.
9G
VENDOR:
PHONE SYSTEM EVALUATION
Executone
SIWEICISitt
WEIGHT POINTS WEIGHT
CATEGORY DESCRIPTION (1-5) (1-10) X
POINTS
EASE OF USE 5 9 45
Programmability Remote, on-site, in-house person trained
Documentaion Yes
Button layout Excellent
Button flexibility All keys programmable
TRAINING 5 10 50
Hours Flexible, can cover odd shifts.
Location On-site
Cost $0 for life of system.
WARRANTY 4 9 36
Parts 2 years
Labor 2 years
SERVICE 4 7 28
Hours 24 hour emergency availability.
T & M cost $62 per hour labor charge.
Availability 2 hour, emergency; 24 hour, routine.
Maint. agree. cost $1446 per year.
QUOTE $10,012 3 10 30
UPGRADE COST 2 10 20
12 lines/40 phones $289/489 + 215/phone — $4490
$10012 + 4,490 — $14,502
REFERENCES Excellent 1 10 10
PHONES
Brand: Encore CX
Styles: 8 Button
21 Button
33 Button w/LCD TOTAL POINTS 219
POSSIBLE POINTS 240
1 o&/
MEMO 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: January 14 , 1991
INTRODUCTION:
Attached is Resolution No. 3343, ordering an improvement and the
preparation of plans and specifications for street improvements to
Shumway Street, 3rd Avenue to 6th Avenue and Scott Street, 6th
Avenue to 7th Avenue, Project No. 1991-1.
BACKGROUND:
On October 9, 1990 the City Council of Shakopee ordered the
preparation of a feasibility report for street improvements to
Shumway Street between 3rd Avenue and 6th Avenue and Scott Street
between 6th Avenue and 7th Avenue by Resolution No. 3297 .
The feasibility report has been completed and was submitted to City
Council on January 8, 1991. Subsequently, the City Council
scheduled a public hearing for January 22, 1991 by Resolution No.
3332 to consider the proposed improvements.
The proposed improvements consist of complete street
reconstruction. Staff will give a presentation on the feasibility
report at the public hearing.
At the conclusion of the public hearing, if the City Council
determines that this project should be constructed, attached is
Resolution No. 3343, which orders plans and specifications prepared
for the project.
ALTERNATIVES:
1. Adopt Resolution No. 3343 which orders plans and
specifications prepared for the project.
2 . Determine that the project should not be constructed and deny
Resolution No. 3343 .
3 . Table Resolution No. 3343 for additional information from
staff.
RECOMMENDATION:
Staff recommends Alternative No. 1, to adopt Resolution No. 3343
which orders plans and specifications prepared for this project.
ACTION REQUESTED:
l 0 °`
Offer Resolution No. 3343, A Resolution Ordering an Improvement and
Preparation of Plans and Specifications for Shumway Street, 3rd
Avenue to 6th Avenue and Scott Street, 6th Avenue to 7th Avenue,
Project No. 1991-1 and move its adoption.
DH/pmp
MEM3343
D &-
RESOLUTION NO. 3343
A Resolution Ordering An Improvement And
The Preparation of Plans And Specifications For
Shumway Street, 3rd Avenue to 6th Avenue
Scott Street, 6th Avenue to 7th Avenue
Project No. 1991-1
WHEREAS, Resolution No. 3332 , adopted on January 8 , 1991,
fixed a date for Council hearing on the proposed improvement of
Shumway Street, 3rd Avenue to 6th Avenue and Scott Street, 6th
Avenue to 7th Avenue by Street Reconstruction; and
WHEREAS, ten days published notice of the hearing through two
weekly publications of the required notice was given and the
hearing was held on the 22nd day of January 1991, at which all
persons desiring to be heard were given an opportunity to be heard
thereon.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAROPEE, MINNESOTA:
1. That the improvement is ordered as hereinafter described:
Street Reconstruction of Shumway Street, 3rd Avenue to
6th Avenue and Scott Street, 6th Avenue to 7th Avenue
2. David E. Hutton, Public Works Director is hereby
designated as the engineer for this improvement. He shall prepare
plans and specifications for the making of such improvement.
Adopted in session of the City Council of the
City of Shakopee, Minnesota, held this day of
, 19
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
/o 4)
MEMO TO: Dennis Kraft, City Administrator
FROM: Dave Hutton, Public Works Director
SUBJECT: Jackson/Harrison Streets,
Between 11th Avenue and 12th Avenue
DATE: January 14, 1991
INTRODUCTION:
Attached is Resolution No. 3344, ordering an improvement and the
preparation of plans and specifications to Jackson Street and
Harrison Street, between 11th Avenue and 12th Avenue, Project No.
1991-2 .
BACKGROUND:
On October 9, 1990 the City Council of Shakopee ordered the
preparation of a feasibility report for street improvements to
Jackson/Harrison Streets between 11th Avenue and 12th Avenue by
Resolution No. 3296.
The feasibility report has been completed and was submitted to City
Council on January 8, 1991. Subsequently, a public hearing was
scheduled for January 22, 1991 by Resolution No. 3333 to consider
the proposed improvements.
The proposed improvements consist of complete street
reconstruction. Staff will give a presentation on the feasibility
report at the public hearing.
At the conclusion of the public hearing, if the City Council
determines that this project should be constructed, attached is
Resolution No. 3344, which orders plans and specifications prepared
for the project.
ALTERNATIVES:
1. Adopt Resolution No. 3344, which orders plans and
specifications prepared for this project as recommended by the
feasibility report.
2 . Determine that the project should not be constructed and deny
Resolution No. 3344 .
3 . Table Resolution No. 3344 for additional information from
staff.
RECOMMENDATION:
Staff recommends Alternative No. 1, to adopt Resolution No. 3344,
which orders plans and specifications prepared for this project.
I0e-
ACTION REQUESTED:
Offer Resolution No. 3344 , A Resolution Ordering an Improvement and
Preparation of Plans and Specifications for Jackson Street and
Harrison Street Between 11th Avenue and 12th Avenue, Project No.
1991-2 and move its adoption.
DH/pmp
MEM3344
o --
RESOLUTION NO. 3344
A Resolution Ordering An Improvement And
The Preparation of Plans And Specifications For
Jackson Street and Harrison Street
Between 11th Avenue and 12th Avenue
Project No. 1991-2
WHEREAS, Resolution No. 3333, adopted on January 8, 1991,
fixed a date for Council hearing on the proposed improvement of
Jackson/Harrison Streets between 11th Avenue and 12th Avenue by
Street Reconstruction; and
WHEREAS, ten days published notice of the hearing through two
weekly publications of the required notice was given and the
hearing was held on the 22nd day of January 1991, at which all
persons desiring to be heard were given an opportunity to be heard
thereon.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA:
1. That the improvement is ordered as hereinafter described:
Street Reconstruction of Jackson Street and Harrison
Street between 11th Avenue and 12th Avenue
2 . David E. Hutton, Public Works Director is hereby
designated as the engineer for this improvement. He shall prepare
plans and specifications for the making of such improvement.
Adopted in session of the City Council of the
City of Shakopee, Minnesota, held this day of
, 19
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
SA
MEMO TO: Dennis R. Kraft, City Administrator ,
FROM: Lindberg S. Ekola, City Planner
RE: Rezoning Request R-4 to R-3 Lots 2 and 6 Block 1 Eagle
Creek Junction 1st Addition and the property located at
1796 Eagle Creek Boulevard.
DATE: January 11, 1991
INTRODUCTION:
At the January 10, 1991 meeting the Planning Commission passed a
motion recommending to the City Council that Lots 2 and 6, Block 1
Eagle Creek Junction 1st Addition and the property located at 1796
Eagle Creek Boulevard be rezoned from R-4 (multi family
residential) to R-3 (medium density residential) . This rezoning
request would complete the two part action for rezoning in this
area. The first request was approved by Council in December of
1990.
BACKGROUND:
Attachment #1 illustrates the entire area proposed to be rezoned
from R-4 to R-3 . The shaded area on this map includes the four
lots rezoned in December and the remaining two lots in Block 1 and
the parcel east of Block 1.
Attachment #2 is the letter of support for the R-4 to R-3 rezoning
of Lots 2 and 6 from the property owners. Both lots have a four-
plex existing on site and the rezoning to R-3 will not effect the
current residential use of the four-plexes.
DISCUSSION:
As identified in the memo for the first rezoning request, the lots
in Block 1 of Eagle Creek Junction 1st Addition are too small in
size and area to allow for an adequate building site. The larger
R-4 setbacks are too constraining on these smaller lots. The R-3
zoning is more appropriate for all six lots in Block 1 including
Lots 2 and 6.
At the December Planning Commission meeting, a concern for the
remaining R-4 parcel east of Block 1 was raised. In response to
this concern, the Planning Commission requested that at the January
hearing this parcel also be included in the rezoning request. The
property, owned by Mr. Howard Schmitt, covers 1. 22 acres (185 ' x
296 ' irregular) . The parcel has a significant grade which drops
across the lot. As a result the buildable area for a residential
structure and parking is limited. Because of the size of the
parcel and site topography, high residential densities allowed on
the R-4 district are not likely on the Schmitt property. The R-3
regulations which would allow up to four-plex seems to be more
appropriate. The property owner intends to retain the property as
single family residential .
/ I CL'
The draft Comprehensive Plan and the 1981 Comprehensive Plan both
propose that this area should be developed as multi family
residential land use. The R-3 rezoning request will provide a
transition from the higher density multi family land uses to the
west from the single family residential land uses to the south.
The two part rezoning proposal will enhance the compatibility
between the two residential density areas.
Whereas the R-3 zoning district regulations conform more
appropriately with the lot sizes in this particular area, the lots
west of Roundhouse Circle are larger and R-4 is appropriate for
these lots. In contrast, the smaller lots to the south are
appropriately zoned R-2 . The size and shape of lots created in the
subdivision platting process should be coordinated with the
appropriate zoning district. The rezoning of these properties
offers the City the opportunity to fine tune this land use
relationship.
ALTERNATIVES:
1. Rezone Lots 2 and 6 and the 1. 22 acre property located at 1796
Eagle Creek Boulevard.
2 . Deny the rezoning request.
RECOMMENDATION:
Staff recommends that Lots 2 and 6 of Block 1 Eagle Creek Junction
1st Addition and the property located at 1796 Eagle Creek Boulevard
be rezoned from R-4 to R-3 .
ACTION REQUESTED:
Offer Ordinance No. 303 , an ordinance of the City of Shakopee,
Minnesota, rezoning certain land from R-4 to R-3 , which is
generally located south of County Road 16 and east of County Road
17 and move its adoption.
>> A.
ORDINANCE NO. 303 , FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, REZONING CERTAIN
LAND FROM R-4 TO R-3 , WHICH LAND IS GENERALLY LOCATED SOUTH OF
COUNTY ROAD 16 AND EAST OF COUNTY ROAD 17 .
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS:
Section 1 - That the following described land is hereby
rezoned from R-4 , multi-family residential, to R-3 , medium
density residential:
Lots 2 and 6 of Block 1, Eagle Creek Junction 1st
Addition and the property located at 1796 Eagle Creek
Boulevard, legal description attached hereto.
Section 2 - 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 session of the City Council
of the City of Shakopee, Minnesota, held this day of
, 1991.
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.
au: perezone
Attachment
A tract of land in the Southeast Quarter of Section 6, Township 115 North. Range 22 Westo
Scott County, Minnesota described as follows: Commencing at the Southeast corner of said:
Southeast Quarter and running thence North along the East line thereof a distance of
178.5 feet to the Southwesterly boundary of County Road #16; thence North 58° 54' West
along said Southwesterly boundary a distance of 183.8 feet; thence South 2°02' West a
distance of 256.6 feet to the Northerly boundary of Chicago, Minneapolis and St. Paul
Railroad; thence South 64° 10' East along the said Northerly boundary to the South line
of said Southeast Quarter; thence East a distance of 139.3 feet to point of beginning,
said tract containing 0.96 acre. Together with: a tract of land in the Northeast
Quarter of Section 7, Township 115 North, Range 22 West, Scott County, Minnesota
described as follows: Commencing at the Northeast corner of said Northeast Quarter and
running thence South along the East line thereof to the Northerly boundary of the Chicago,
Minneapolis and St. Paul Railroad; thence Northwesterly along said Northerly boundary to
the North line of said Northeast Quarter; thence East to point of beginning; said tract
containing 0.1 acre.
' _. � /l4-
2 '- 1 AG AGRICULTURE
r= •
,-I.
a
I Attachment # .L__.._.._-
• 1 R1 RURAL RESIDENTIAL
_ '_, ` j R2 URBAN RESIDENTIAL
`—�--y 2 R3 MID—DENSITY RES.
�` --•-- I R4 MULTI FAMILY RES.
: ; 3 #, 3 Itattat�ia' •
a
R4 B 1 HIGHWAY BUSINESS
• 1
B2 COMMUNITY BUSINESS
! . ___ .
B3 CENTRAL BUSINESS
r- •
Rezone from
- I R -4 t O R - 3 11 LIGHT INDUSTRIAL
. I 12 HEAVY INDUSTRIAL
.
• S SHORELAND
♦. x""< FLOODPLAIN DISTRICT
' `'�';; —•—•• MANDATORY PUD
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s. t♦� RTD RACETRACK DISTRIC
i 'Ill
• I/ y
1 z\• �i r� -- ,• ' v ' f ;ice! +%+
if: / .7'.7 , - .1111br
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$_- ? 1 k Z .I _3_- _yl, i_5-..-2 iS• ._-_.�. 1' -__Y �. fr\ � ` • '
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Attachment # 2
December 3, 1990
City of Shakopee
Planning Commission
ATTN: Lindberg S. Ekola
It is our understanding that the owners of Lots 1, 3, 4 and 5, Block 1 of
Eagle Creek Junction First Addition have submitted a request to rezone
said property from R-4 to R-3. In that rezoning of these lots to R-3
while retaining the zoning of our lots at R-4 would create an irregular
zoning pattern, we see that it may be desirable to also rezone our properties
to R-3. We would not object to this rezoning and in fact desire to be
included in the submitted request to rezone. It is our understanding that
this rezoning would not effect the current use of our properties.
Mark Houser Dan Walden
.•/1:// ' , . -/W:71/
Owner Lot 2 Block 1 Owner Lot 6 Block 1
Eagle Creek Junction 1st Add. Eagle Creek Junction 1st Add.
l/ 4
ORDINANCE NO. 303 , FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, REZONING CERTAIN
LAND FROM R-4 TO R-3 , WHICH LAND IS GENERALLY LOCATED SOUTH OF
COUNTY ROAD 16 AND EAST OF COUNTY ROAD 17 .
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS :
Section 1 - That the following described land is hereby
rezoned from R-4 , multi-family residential, to R-3 , medium
density residential :
Lots 2 and 6 of Block 1, Eagle Creek Junction 1st
Addition and the property located at 1796 Eagle Creek
Boulevard, legal description attached hereto.
Section 2 - 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 session of the City Council
of the City of Shakopee, Minnesota, held this day of
, 1991.
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 .
au: perezone
/ �
Attachment
A tract of land in the Southeast Quarter of Section 6, Township 11S North. Range 22 w'es: ,
Scott County, Minnesota described as follows: Commencing at the Southeast corner of sane
Southeast Quarter and ra ning thence North along the East line thereof a distance of
178.5 feet to the Southwesterly boundary of County Road 116; thence North 58° 54 ' West '
along said Southwesterly boundary a distance of 183.8 feet; thence South 2°02' West a
distance of 256.6 feet to the Northerly boundary of Chicago, Minneapolis and St. Paul
Railroad; thence South 64° 10' East along the said Northerly boundary to the South line
of said Southeast Quarter; thence East a distance of 139.3 feet to point of beginning,
said tract containing 0.96 acre. Together with: a tract of land in the Northeast
Quarter of Section 7, Township 115 North, Range 22 West, Scott County, Minnesota
described as follows: Commencing at the Northeast corner of said Northeast Quarter and .
running thence South along the East line thereof to the Northerly boundary of the Chicago,
Minneapolis and St. Paul Railroad; thence Northwesterly along said Northerly boundary to
the North line of said Northeast Quarter; thence East to point of beginning; said tract
containing 0.1 acre.
// ilL
Minutes of the Page -3
Shakopee Planning Commission January 10, 1991
VI . PUBLIC HEARING FOR REZONING OF LOTS 2 AND 6, BLOCK 1, EAGLE
CREEK JUNCTION
Chairperson Kahleck opened the public hearing.
City Planner stated the rezoning request is for Lots 2 and 6,
Block 1, Eagle Creek Junction plus the parcel to the east of
Block 1, to be rezoned from an R-4 (Multi-family residential)
to R-3 district (mid-density residential) . He stated these
parcels are too small to be subjected to the R-4 setbacks, and
this area seems to be more appropriate for an R-3 zoning. The
property owners of the development have no problem with the
rezoning and backup letters of support have been received from
the owners of Lots 2 and 6. He also noted that the R-3
regulations were more appropriate for the parcel east of Block
1 owned by Mr. Howard Schmitt. Staff contacted Mr. Schmitt
and reviewed the rezoning proposal with him. Mr. Schmitt
indicated he was not opposed to the rezoning request.
Chairperson Kahleck asked for comments from the audience.
There were none.
Chairperson Kahleck closed the public hearing.
MOTION: Joos/Spurrier moved to recommend to the City Council
the rezoning of Lots 2 and 6, Block 1, Eagle Creek Junction
1st Addition, and the property located at 1796 Eagle Creek
Boulevard from R-4 to R-3 . Motion carried.
Planning Commission recessed from 8 : 50 to 9 : 00 p.m.
~i VII. PUBLIC HEARING ON A CONDITIONAL USE PERMIT NO 602 - DENNIS
HAUGEN
Chairperson Kahleck opened the public hearing.
City Planner stated the public hearing is to consider a
request for a conditional use permit to allow the applicant,
Dennis Haugen, to move a dwelling unit onto the property
located at 2047 Eaglewood Lane, in an R-1 (rural residential)
zone. He stated a conditional use permit is necessary anytime
when a dwelling unit is moved in to a residential area.
The City Planner noted the five ordinance requirements listed
in Section 11. 05 Subd. 9 which are required in the moving of
a dwelling unit. 1) The dwelling unit must equal or exceed in
value that of the adjacent homes, 2) The owner must show proof
-101 \2L
EXPLANATION TO ORDINANCE 304
ORIGINATING DEPARTMENT: Shakopee Planning Department
PURPOSE: To delete mineral extraction as a conditional use
from the Agricultural (AG) and Rural Residential
(R-1) zoning districts.
REMARKS: At their January 10, 1991 meeting the Planning
Commission passed a motion recommending to the City Council that
mineral extraction as a conditional use be deleted from the
Agricultural (Ag) and Rural Residential (R-1) districts.
At the January 15, 1991 City Council/Planning Commission joint
work session on the Comprehensive Plan it was determined that
further study will be undertaken to address the concept of
creating a new zoning district for mineral extraction.
BACKGROUND:
Mineral extraction or mining and excavation activities are
currently allowed with a conditional use permit in Ag, R-1, I-i
and I-2 zoning districts. With the conditional use permit
process a mining permit is also required for all commercial
mining operations.
Attached is a copy of the requirements listed in the Zoning
Ordinance for mining permits. Three maps illustrating existing,
operational, and end use conditions must be submitted for review
and approval. In addition the ordinance lists nine performance
standards and requirements for land rehabilitation.
In granting a conditional use permit the Planning Commission can
impose additional conditions beyond requirements listed in the
Zoning Ordinance which the Commission considers necessary to
protect the best interest of the surrounding area or the
community as a whole. The additional conditions can include:
(a) Increasing the required lot size or yard dimension.
(b) Limiting the height, size, or location of buildings.
(c) Controlling the location and number of vehicle access
points.
(d) Increasing the street width.
(e) Increasing the number of required off-street parking
spaces.
(f) Limiting the number, size, location or lighting of
7 / 4
signs.
(g) Requiring diking, fencing, screening, landscaping, or
other facilities to protect adjacent or nearby
property.
(h) Designated sites for open spaces.
(i) Requiring the execution of a developer' s agreement and
providing financial guarantee of cash deposit,
certified check or performance bond to insure
compliance with conditional use permit provisions.
DISCUSSION:
In 1985 an advisory committee to the Minnesota legislature
studied aggregate resources - sand, gravel and crushed rock - in
Twin Cities metropolitan area. Their conclusion was there is not
a need for broad scale protection of aggregate resources. The
aggregate industry has been able to maintain a ten year supply of
reserves and there is a wide distribution of these resources.
The mapping of aggregate resources has been developed at a
regional level and is not available on local or City maps. Based
on discussions with the Engineering staff, aggregate resources
are well distributed in Shakopee as well as the southwestern
metropolitan area. Attached is a map illustrating the general
distribution of major sand and gravel deposits in the
metropolitan area. The map identifies a wide distribution of
aggregate resources.
Two conditional use permits for mining of aggregate resources
have been approved in Shakopee. One site is located in an I-2
district south of the Blue Lake Treatment Plant and Highway 101.
A second site is located in an Ag district west of County Road 83
and south of County Road 16 in Section 16. Both sites are
currently in operation.
Land use compatibility is a primary issue with respect to mining
operations. From the City' s experiences with the two existing
mining operations promoting compatibility with adjacent
residential properties has proven less successful . City staff
has received numerous complaints on the mine located in the Ag
district. Some of the complaints resulting from operation of the
mine include increased levels of noise, dust, odors, track
traffic and safety of neighborhood children. Enforcement of the
numerous conditions from the conditional use permit for this mine
has taken considerable staff time. In contrast only one
complaint was made against the mining operation located in the
industrial area. This complaint was in response to the effects
of water pumping out of the pit area. Residential land use areas
are more sensitive in nature as illustrated by complaints.
Based on the 1985 legislative report and discussions with
/ / .4
Engineering staff, adequate aggregate resources would be
available if limited to the I-1 and I-2 districts in Shakopee.
ACTION REQUESTED: Offer Ordinance No. 304, an ordinance of
the City of Shakopee amending City Code, Chapter 11 Zoning
Ordinance by repealing Section 11.24, Subd. 3 Conditional Use H
and Section 11.25, Subd. 3 Conditional Use I and move its
adoption.
Submitted by: Approved by:
City Attorney City Administrator
l/ le-
ORDINANCE NO. 304, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER
11 OF THE SHAKOPEE CITY CODE, LAND USE REGULATION (ZONING) , BY
AMENDING SECTION 11. 24 , AGRICULTURAL PRESERVATION DISTRICT (AG) ,
AND SECTION 11.25, RURAL RESIDENTIAL DISTRICT (R-1) , TO DELETE
MINERAL EXTRACTION AS A CONDITIONAL USE.
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section 1 - That Chapter 11 of the Shakopee City Code, Land
Use Regulation (Zoning) , Sec. 11.24, Agricultural Preservation
District (AG) , Subd. 3, Conditional Uses, is hereby amended by
repealing paragraph H, which provided: "H. Mining, sand and
gravel extraction. "
Section 2 - That Chapter 11 of the Shakopee City Code, Land
Use Regulation (Zoning) , Sec. 11. 25, Rural Residential (R-1) ,
Subd. 3, Conditional Uses, is hereby amended by repealing
paragraph I, which provided: "I. Mining and extraction. "
Section 3 - General Provisions. City Code Chapter 1,
General Provisions and Definitions Applicable to the Entire City
Code Including Penalty For Violation, and Section 11.99,
Violation A Misdemeanor, are hereby adopted in their entirety by
reference, as though repeated verbatim herein.
Section 4 - 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 session of the City Council
of the City of Shakopee, Minnesota, held this day of
, 1991.
Mayor of the City of Shakopee
Attest: City Clerk
Approved as to form: City Attorney
Published in the Shakopee Valley News this day of
, 1991.
[11.24]
J/1-
Subd. 7 . Mineral Extraction and Land Rehabilitation .
A. Permit Review. A permit shall be required for
all commercial mining operations. Said permit shall be valid for
a three (3) year period, after which a permit renewal shall be re-
quired. Persons requesting a mining permit shall submit said fee
to the Planning Commission together with all information required
in this Subdivision. The owner shall provide five (5) copies of
the required information . All residents and landowners within
1 ,000 feet of the proposed mining operations shall be notified in
writing of the permit request and the date of the Planning Com-
mission review. Notification shall be mailed at least ten (10)
days prior to the Planning Commission review. If the request is
denied , no reapplication shall be made for a period of six (6)
months.
B. Information Required. The following informa-
tion shall be provided by the person requesting the permit:
1. Name and address of person requesting the
mining permit.
2 . The exact legal property description and
acreage of area to be mined.
3 . The following maps of the entire site and
to include all areas within 500 feet of the site. All maps shall
be drawn at a scale of one (1) inch to one hundred (100) feet un-
less otherwise stated below:
Map A - Existing conditions to include:
Contour lines at five (5) foot intervals .
Existing vegetation.
Existing drainage and permanent water areas.
Existing structures .
Existing wells .
Map B - Proposed operations to include:
Structures to be erected.
Location of sites to be mined showing depth of pro-
posed excavation .
Location of tailings deposits showing maximum height
of deposits.
Location of machinery to be used in the mining opera-
tion.
Location of storage of mined materials , showing height
of storage deposits.
Location of vehicle parking .
Location of storage of explosives .
Erosion and sediment control structures.
Map C - End use plan to include :
Final grade of proposed site showing elevations and
contour lines at five (5) foot intervals.
Location and species of vegetation to be replanted .
Location and nature of any structures to be erected in
relation to the end use plan.
-294-
4. A soil erosion and sediment control plan.
5 . A plan for dust and noise control.
6. A full and adequate description of all
phases of the proposed operation to include an estimate of dura-
tion of the mining operation.
7. Any other information requested by the
Planning Commission.
C. Performance Standards.
1. General Provisions. Weeds and any other
unsightly or noxious vegetation shall be cut or trimmed as may be
necessary to preserve a reasonably neat appearance and to prevent
seeding on adjoining property. No sand and gravel operation
shall be conducted on parcels of less than twenty (20) acres in
size. This limitation shall not apply when the tract of land is
contiguous to an active mining operation, provided that both
tracts are being operated by the same sand and gravel producer .
All equipment used for mining operations shall be constructed,
maintained and operated in such a manner as to minimize, as far
as is practicable, noises and vibrations which are injurious or
substantially annoying to persons living in the vicinity.
2. Water Resources. The mining operation
shall not be allowed to interfere with surface water drainage be-
yond the boundaries of the mining operation. The mining operation
••
shall not adversely affect the quality of surface or subsurface
water resources. Surface water originating outside and passing
through the mining site shall, at its point of departure from the
mining site, be of equal quality to the water at the point where
it enters the mining site. The mining operator shall perform any
water treatment necessary to comply with this provision.
3 . Safety Fencing . Any mining operation
adjacent to a residential zone or within 300 feet of two (2) or
more residential structures shall be bound by the following stan-
dards:
(a) Where collections of water occur
that are one and one-half (1h) feet or more in depth existing for
any period of at least one (1) month, and occupy an area of 700
square feet or more, all access to such collections of water
shall be barred by a fence or some similarly effective barrier
such as a snow fence of at least four (4) feet in height.
(b) In locations where slopes occur
that are steeper than one (1) foot vertical to three (3) feet
horizontal existing for a period of one (1) month or more, access
to such slopes shall be barred by a fence or some similarly ef-
fective barrier such as a snow fence at least four (4) feet in
height.
4. Mining Access Roads. The location of the
intersection of mining access roads with any public roads shall
be selected such that traffic on the access roads will have a
sufficient distance of the public road in view so that any turns
onto the public road can be completed with a margin of safety.
5. Screening Barrier . To minimize problems
of dust and noise and to shield mining operations from public
view, a screening barrier shall be maintained between the mining
-295-
/11
site and adjacent residential and commercial properties. A
screening barrier shall also be maintained between the mining
site and any public road within 500 feet of any mining or pro-
cessing operations. The screening barrier shall be planted with
a species of fast growing trees such as green ash. Existing
trees and ground cover along public road frontage shall be pre-
served, maintained (and supplemented) , for the depth of the road-
side setback except where traffic safety requires cutting and
trimming .
6 . Setback. Processing of minerals shall
not be conducted closer than 100 feet to the property line or
closer than 500 feet to any residential or commercial structures
located prior to commencement of processing operations without
the written consent of all owners and residents of said struc-
tures. Mining operations shall not be conducted closer than 30
feet to the boundary of any zone where such operations are not
permitted, nor shall such production or processing be conducted
closer than 30 feet to the boundary of an adjoining property
line , unless the written consent of the owner in fee of such
adjoining property is first secured in writing . Mining opera-
tions shall not be conducted closer than 30 feet to the right-of-
way line of any existing or platted street, road or highway, ex-
cept that excavating may be conducted within such limits in order
to reduce the elevation thereof in conformity to the existing or
platted street, road or highway.
►. 7. Appearance. All buildings, structures
and plants used for the production of processing of sand and
gravel shall be maintained in such a manner as is practicable and
according to acceptable industrial practice as to assure that
such buildings, structures and plants will not become dangerously
dilapidated.
8 . Hours of Operation. All mining opera-
tions shall be conducted between the hours of 7 : 00 A.M. and 7:00
P.M. Any operations not conducted between the hours of 7:00 A.M.
and 7 :00 P.M. shall require a conditional use permit. Such per-
mits shall be granted for public or private emergency or whenever
any reasonable or necessary repairs to equipment are required to
be made.
9 . Dust and Dirt. All equipment used for
mining operations shall be constructed, maintained and operated
in such a manner as to minimize, as far as is practicable, dust
conditions which are injurious or substantially annoying to per-
sons living within 600 feet of the mining operations lot line.
All access roads from mining operations to public highways, roads
or streets or to adjoining property shall be paved or surfaced
with gravel to minimize dust conditions . The above limitations
shall not apply to any mining operation in any industrial zone,
unless such operations are closer than 150 yards to another zone
other than an industrial zone.
D. Land Rehabilitation. All mining sites shall
be rehabilitated immediately after mining operations cease. Re-
habilitation shall be complete within one (1) year . The follow-
ing standards shall apply:
-296-
1. Within a period of three (3) months after
the termination of a mining operation, or within three (3) months
after abandonment of such operation for a period of six months, or
within three (3) months after expiration of a mining permit, all
buildings, structures and plants incidental to such operation shall
be dismantled and removed by, and at the expense of, the mining
operator last operating such buildings, structures and plants. A
conditional use permit may be granted for those buildings, struc-
tures, machinery and plants required to process previously mined
materials stored on the site. Such permit may apply for only one
(1) year , after which said buildings , structures, machinery and
plants shall be removed.
2. The peaks and depressions of the area shall
be graded and backfilled to a surface which will result in gently
rolling topography in substantial conformity to the land area imme-
diately surrounding, and which will minimize erosion due to rain-
fall. No finished slope shall exceed eighteen percent (18%) in
grade.
3. Reclaimed areas shall be sodded or surfaced
with soil of a quality at least equal to the topsoil of land areas
immediately surrounding, and to a depth of at least three (3)
inches. Such required topsoil shall be planted with legumes and
grasses. Trees and shrubs may also be planted, but not as a sub-
stitute for legumes and grasses. Such planting shall adequately
retard soil erosion. Excavations completed to a water producing
depth need not be backfilled if the water depth is at least ten
(10) feet and if banks shall be sloped to a water line at a slope
no greater than three (3) feet horizontal to one (1) fcot vertical.
The finished grade shall be such that it will not adversely affect
the surrounding land or future development of the sit upon which
mining operations have been conducted. The finished plan shall
restore the mining site to a condition whereby it can be utilized
for the type of land use proposed to occupy the site after mining
operations cease.
Subd. 8. Mobile Homes. Mobile homes shall be regulated
by Section 4.60 of the City Code, except that mobile homes shall be
a conditional use in the "A-1" and "R-1" Districts for agricultural
purposes if they meet the following standards:
A. Property must be being used as an agricultural
use .
B. Mobile home may nor_ b ? the only occupied resi-
dential structure on the property.
C. The persons living in the mobile home must be
related to the farm operator and must work on that farm.
Source : Ordinance No. 31, 4th Series
Effective Date : 10-25-79
D. The mobile home may be placed on the property
for one 5 year term and the permit may be reissued for additional 5
year term or terms at the discretion of the Planning Commission .
Source : Ordinance No. 93 , 4th Series
Effective Date : 5-27-82
(11-1-82)
-297-
l
GENERALIZED DISTRIBUTION OF MAJOR SAND AND GRAVEL DEPOSITS
IN THE TWIN CITIES METROPOLITAN AREA
Anoka M.
1
ashingto 1:
* r
/�/"�'=r Ramsey ,� `-?••' •ir
r.•.+1/4/4:.,::0/0 i \\��
�+ ,:.+rr rj \ \mac\ W
Hennepin �•;....r,:
%. ,., ..&\ 4: vg-NW,\*N' ' ::.•'.**- -:'''
::
Carver .o .::::\ :::
\\s ta Nillikii&:;',/,.2:'::§:'ik,* s .;5:1;ai . . \
/.As `,„, •T- 414
ate;V. �;:::
ii/Ai
fillI hi..•.%:.. II.0 r:..•::•....•:':.'•..• :.::.•I•: !
Scott
N Dakota ••
1 0 5 10 15 20
Miles
ATerrace Sand and Gravel (mixture of northwest and northeast source areas)
::-.•:;.... Des Moines Lobe and Grantsburg Sublobe Sand and Gravel (northwest source .
area, mixed with variable amounts from northeast source area)
.i: ;; Superior Lobe Sand and Gravel (northeast source area)
AR Generalized Urban Land, 1978 (including approved public open space)
Sources: Minnesota Geological Survey, Aggregate Resources Inventory of the
Seven-County Metropolitan Area; Metropolitan Council
12
l/4
PLANNING COMMISSION MEETING MINUTES
Shakopee, Minnesota
REGULAR SESSION January 10, 1991
MEMBERS PRESENT: Kahleck, Joos, Lynch, Rockne, Christensen,
Spurrier and Allen.
MEMBERS ABSENT: None
STAFF PRESENT: Lindberg Ekola, City Planner
Karen Marty, City Attorney
Dave Hutton, City Engineer
Jane VanMaldeghem, Recording Secretary
I . ROLL CALL
Chairperson Kahleck called the meeting to order at 8 : 10 p.m.
Roll Call was taken as noted above.
II . APPROVAL OF THE AGENDA
The agenda was approved as submitted.
III. APPROVAL OF DECEMBER 6, 1990, MEETING MINUTES
Minutes were approved as presented.
IV. RECOGNITION BY INTERESTED CITIZENS
Chairperson Kahleck recognized anyone in the audience wishing
to speak on any item not on the agenda. There was no
response.
V. PUBLIC HEARING TO CONSIDER A PROPOSED AMENDMENT ON MINERAL
EXTRACTION
Chairperson Kahleck opened the public hearing.
City Planner stated the public hearing is being held, at the
request of the City Council, to consider an amendment to the
Shakopee City Code to delete mining and extraction uses from
the conditional uses in an Agriculture (AG) and Rural
Residential zones (R-1) . The City Council requested the
Planning Commission review mineral extraction in the AG and R-
1 districts. Currently mineral extraction or mining and
excavation activities are allowed with a conditional use
permit in AG, R-1, I-1 (Light Industrial) and I-2 (Heavy
Industrial) zones.
City Planner also stated there is an application on the
February 1991 agenda for mineral extraction in an AG zone;
that applicant is present for discussion.
j//-/
Minutes of the Page - 2
Shakopee Planning Commission January 10, 1991
Discussion was held on an overlay map representing areas where
mineral extraction could be conducted; thus allowing the City
to restrict this use in certain industrial zones.
David McKenna, 8221 Horizon Drive, (applicant for February
1991 meeting on a mineral extraction conditional use permit)
stated that some AG parcels are not suitable for anything but
mineral extraction. He stated that the proposed extraction
operation would be completed within ten years. Following the
land rehabilitation the site would be developed as proposed by
the City (low density residential) . He would like to see the
AG zone precluded from the deletions in the City Code.
City Attorney stated that any decision made by the Planning
Commission at tonight' s meeting would not necessarily
foreclose the upcoming conditional use permit request for
mineral extraction. Mr. McKenna may still have the option of
pursing his conditional use permit request for mineral
extraction, but based on the decision of requested City Code
amendment, may have to first request rezoning for his parcel .
Discussion was held on roadways adaptable to mineral
extraction uses. The structural capacities of roadways is an
important consideration for mineral extraction sites.
Chairperson asked for comments from the audience. There were
none.
Chairperson closed the public hearing.
MOTION: Joos/Lynch moved to recommend to the City Council the
deletion of mineral extraction as a conditional use from the
Agriculture (AG) and Rural Residential (R-1) zones. Motion
carried with Commissioner Rockne voting "no" .
MOTION: Spurrier/Allen moved that as a part of the Zoning
Ordinance update, staff prepare an overlay zoning map citing
where mineral extraction uses could be a conditional use
within the City.
Discussion was held on the motion and concerns raised on using
staff time for this project when the Comprehensive Plan
basically includes this type of map and the City Council is
requesting deletion only from the AG and R-1 zones.
Commissioner Allen withdrew his second, based on the inclusion
of the map in the Comprehensive Plan. Motion died for lack of
second.
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Barry A. Stock, Assistant City Administrator
RE: Star City One Year Work Plan
DATE: January 17, 1991
INTRODUCTION:
In accordance with the Star City designation requirements, the
City of Shakopee is required to prepare and submit a One Year Work
Plan.
BACKGROUND:
The development and approval of a One Year Work Plan is a
recertification requirement for continued participation in the Star
Cities Program. Shown in Attachment #1 is the 1991 Star City One
Year Work Plan. The plan serves as a schedule of activities which
the CDC and City Council finds desirous to pursue in 1991. The
work plan is non binding. It is also likely that activities will
arise throughout the year that are not included in the plan and
will require the CDC's and/or City Council 's attention.
On January 16, 1991 the Community Development Commission (CDC) met
to review and discuss the work plan. Following Commission review,
a motion was made recommending Council approval of the One Year
Work Plan.
ALTERNATIVES:
1. Move to approve the Star City 1991 One Year Plan as submitted.
2 . Amend the 1991 Star City Work Plan and move its approval.
3 .. Table action on the adoption of the Star City 1991 One Year
Work Plan..
STAFF RECOMMENDATION:
Staff recommends Alternative #1.
ACTION REQUESTED:
Move to approve the 1991 One Year Work Plan as submitted.
BAS/tiv
Community Development Commission (CDC)
Shakopee Economic Development
1991 One Year Work Plan
Mission Statement: To create new jobs, increase the local tax
base, retain and assist existing business,
attract new businesses and capitalize on the
existing area development potentials.
Activity/objective: To encourage the implementation of an ongoing
economic development program for the City of
Shakopee stressing job retention, job
creation, downtown redevelopment and the
tourism industry.
Budget: CDC Budget $23,700
Time Frame: Ongoing from January 1991.
Projected Results: 5% Increase in local tax base.
2 . 5% Increase in population.
2 . 5% Increase in employment base.
10% Increase in the number of residential
building permits issued.
Attraction of at least one new
commercial business in the downtown.
Attraction of at least one new
industry into the industrial park.
Attraction of at least one elderly
residential development.
5% Increase in tourists at the recreational
facilities in Shakopee.
Committee/Organization Chairpersons:
Shakopee City Council - Mayor Gary Laurent
Shakopee Housing and Redevelopment Authority - Gloria Vierling
Convention and Visitors Bureau -
Shakopee Community Development Commission - Mark Miller
Shakopee Downtown Committee - Mary Keen
Chamber of Commerce - Stan Nymeyer, President
Scott County Transportation Coalition -
Planning Commission - Melanie Kahleck
City of Shakopee - Staff
City Administrator - Dennis Kraft
Assistant City Administrator - Barry Stock
City Planner - Lindberg Ekola
City Engineer - Dave Hutton
Goal #1 Provide for the improvement of the transportation system
and to enhance local and regional transportation
objectives.
Objective Assigned To Completion Date
1. Work with Mn DOT to pursue the City Council Nov. 1991
Mini-bypass bid letting.
2 . Continue to support the Scott City Council On-Going
County Transportation Coalition
in their efforts to improve
transportation process to Scott
County.
Goal #2 Encourage downtown redevelopment which will promote a
vital commercial/institutional district
Objective Assigned To Completion Date
1. Review City Code regarding Downtown Sept. 1991
permitted uses in the B-3 Comm/CDC
zone and amend accordingly. City Council
2 . When reviewing City Code Downtown Sept. 1991
determine if the Downtown Committee/CDC/
Design Standards should be Planning Comm
incorporated into City
Ordinance.
3 . With the impending loss of Downtown May 1991
parking spaces due to mini Committee
bypass construction, identify
alternative sites in the
downtown area to replace lost
stalls.
4 . Attract one new service, one Downtown Ongoing
new retail and one new office Committee/CDC/
type business to the downtown City Council
each year.
5 . Jointly sponsor with the Downtown Comm/ August 1991
Chamber of Commerce a retail CDC/City Council/
Business Survey to determine Chamber
desired retail needs of
Shakopee residents.
6 . Attempt to secure cost free Downtown Feb. 1991
assistance from an educational Committee
institution to complete a
preliminary design of the rear
sides of the buildings in
Block 4 (City Hall Block) .
7. Develop a plan to investigate Downtown March 1991
the development of a specialty Committee
shop retail incubator facility
in the downtown area.
8 . Evaluate the rehabilitation Downtown Comm Feb. 1991
grant program and determine CDC/City Council
if it should be continued,
amended or altogether
terminated.
9. Investigate the development Downtown Comm October 1991
of a facade easement program CDC/City Council
to facilitate the
Rehabilitation of business
facades in the B-3 zoning
district.
10. Notify Marketing Consultants Downtown Comm April 1991
indicating the positive
business climate in Shakopee
and the benefits that the Mini-
Bypass will bring to Downtown
Shakopee.
11. Investigate whether the Downtown Comm/ March 1991
Downtown Revitilization plan CDC/City Council
should be updated and determine
if cost estimates should be
obtained.
Goal #3 Initiate planning and marketing concepts that will
increase residential development interest in the
community.
Objective Assigned To Completion Date
1. Complete the update of the Planning July 1991
City's Comprehensive Plan. Commission/
City Council
2 . Develop an informational piece CDC/ Feb. 1991
that can be distributed to City Council
current residents and persons
interested in moving to our
community.
3 . Work with the School District CDC/ March 1991
in completing their strategic City Council
planning process in particular
to their space needs as they
relate to the area identified
in the interim zoning ordinance.
1/ 0--
4 . Work with the DNR to facilitate Parks Advisory Sept. 1991
the completion of the MN River Board/City Council
Valley Trail through Murphy' s
Landing.
5 . Complete the JEJ Eastside Park Parks Advisory Feb. 1991
Project and determine if the Board/City
warming house should be Council
remodeled to include restrooms
or if a new warming house/
restrooms should be constructed.
6 . Evaluate whether the Hauer Tot Parks Advisory March 1991
Lot should be developed as a Board/City
park or a residential lot. Council
7 . Complete a new Park Five Parks Advisory March 1991
Year CIP. Board/City
Council
8 . Determine an organizational Parks Advisory April 1991
structure for the newly Board/City
created Recreation Dept. Council
9 . Create a housing subcommittee CDC Oct. 1991
of the CDC to evaluate housing
needs in the community and
prepare a report for City
Council review.
Goal #4 Encourage new industrial development and the expansion of
existing industries in the City.
Objective Assigned To Completion Date
1. Work in cooperation with the CDC March 1991
Chamber to set up a meeting
with CEO ' s in the Industrial
Park to determine how the City
can better service their needs.
2 . Evaluate whether or not the CDC Jan. 1991
business breakfast meeting
program should be continued or
or modified.
3 . Work with Chamber of Commerce CDC March 1991
to conduct a Compensation and
Benefit Survey of local
industries in Scott County for
Industrial Park businesses.
Goal #5 Encourage the development of support services such as
schools, medical facilities and public facilities which
provide for a good free standing growth center.
Objective Assigned To Completion Date
1. Acquire a site for a new fire City Council July 1991
station.
2 . Work with St. Francis Hospital CDC Ongoing
and Scott County to facilitate
the construction of ancillary
services in the Institutional
Area.
3 . Evaluate whether or not the City Council Feb. 1991
Public Works/Engineering
activities should be based
out of one common facility.
4. Acquire a site or facility City Council March 1991
for City Hall purposes.
5. Work with the Hockey Assn. CDC/ May 1991
in an attempt to assist them City Council
in their plans to construct an
ice arena.
Goal #6 Develop an organizational structure and staffing program
which will promote economic development.
Objective Assigned To Completion Date
1. Complete the 1991 One Year City Council Jan. 1992
Work Plan.
2 . Complete the Business CDC Nov. 1991
Retention and Expansion Survey
3 . Complete the Shakopee Labor CDC July 1991
Survey
4. Complete the Annual Community CDC Feb. 1991
Profile
5. Evaluate pros and cons of CDC/ July 1991
maintaining Star City City Council
designation.
6. Formally establish and City Council Feb. 1991
become a participating
member in the Scott County
Economic Development
Coalition.
7. Initiate semi annual meetings CDC April 1991
with S.P.U.C. to discuss
Economic Development issues.
8 . Appoint a liaison to attend CDC Feb 1991
S.P.U.C. Meetings on a regular
basis.
Goal #7 Support and encourage a community focus on tourism
opportunities emphasizing year round activities.
Objective Assigned To Completion Date
1. Work with the Shakopee CDC Ongoing
Visitors and Convention Bureau
and Chamber of Commerce on
marketing and special events
which will attract tourists
to the area.
2 . Promote year round use of the CDC Ongoing
hospitality and tourism
industry.
3 . Work with the DNR to complete City Council Sept. 1991
the MN Valley Trail through
Shakopee.
au: cdcwrkpn
1ya .
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Barry A. Stock, Assistant City Administrator
RE: Star City Five Year Economic Development Plan
DATE: January 17, 1991
INTRODUCTION:
The Star Cities Program annually requires the adoption and
development of a Five Year Economic Development Plan.
BACKGROUND:
Each year, the City of Shakopee is required to submit a Five
Year Economic Development Plan to the Department of Trade and
Economic Development as a recertification requirement for the Star
Cities Program. The Five Year Plan provides direction in terms of
upcoming activities that will require the Community Development
Commission (CDC) and/or City Council 's attention.
On January 16, 1991, the CDC moved to recommend Council
approval of the 1991 Five Year Work Plan.
ALTERNATIVES:
1. Move to approve the Star City 1991 Five Year Economic
Development Work Plan.
2 . Amend the 1991 Five Year Work Plan and move its approval.
3 . Table action on the adoption of the 1991 Five Year Work Plan.
STAFF RECOMMENDATION:
Staff recommends Alternative #1.
ACTION REQUESTED:
Move to approve the 1991 Five Year Economic Development Work
Plan as submitted.
BAS/tiv
CITY OF SHAKOPEE FIVE YEAR ECONOMIC DEVELOPMENT PLAN
Mission Statement: To encourage the balanced development of
residential, commercial and industrial opportunities and to enhance the
City's status as a free standing growth center.
Primary Goals (In order of priority)
1. Provide for the improvement of the transportation system and to
enhance local and regional transit objectives.
2 . To encourage downtown redevelopment which will promote a vital
commercial/institutional district.
3 . Initiate planning and marketing concepts that will increase
residential development interest in the community.
4 . Encourage new industrial development and the expansion of existing
industries in the City.
5. Encourage the development of support services such as schools,
medical facilities and public utilities which provide for a good
free standing growth center.
6. Develop an organizational structure and staffing program which will
promote economic development.
7 . Support and encourage a community focus on tourism opportunities,
emphasizing year round activities.
lfd
City of Shakopee Five Year Economic Development Plan
Goal #1 - Provide for the improvement of the transportation system and
to enhance local and regional transit objectives.
Ob-jective 1991 1992 1993 1994 1995
1 . Construct Phase II of the X
Downtown Redevelopment
Project. 1st Ave. (Atwood-
Sommerville)
2 . Work with Mn DOT X
to pursue the mini
by-pass bid letting.
3 . Work with Mn DOT during X
the construction of the
mini by-pass to minimize
the impact on the
Downtown area.
4 . Extend 13th Avenue to open up X
more residential land for
development. (Phased
Extension)
5 . Continue to work with the X X X X X
Scott County Transportation
Coalition to improve
transportation access into
our community.
Goal #2 - Encourage downtown redevelopment which will promote a
vital commercial/institutional district.
Objective 1991 1992 1993 1994 1995
1 . Attract one new service, X X X X X
one new retail and one new
office type business to the
downtown each year.
2 . Solicit restaurant franchises X
and encourage them to locate
in downtown Shakopee. (i.e.
Red Lobster, Ground Round, etc)
3 . Determine if the Downtown X
Design Standards should be
incorporated into City
Ordinance.
Five Year Economic Development Plan Page - 3
4 . Determine if the rehabilitation X
grant program should be
continued, amended or dropped
altogether.
5. Jointly sponsor with the chamber X
of commerce a retail business
survey to determine the desired
retail needs of Shakopee
residents.
6 . Determine if adequate parking X
exists in the downtown area and
develop a plan to replace stalls
lost as a result of the mini
bypass.
7 . Review City Code regarding X
permitted uses in the B-3
zone and amend accordingly.
8 . Attempt to secure cost free X
assistance form an educational
institution to complete a
preliminary conceptual design
of the rear sides of the
buildings in Block 4
(City Hall Block) .
9 . Meet with property owners X
displaced by the mini-bypass and
provide technical assistance in
relocating them elsewhere in the
downtown area or community.
10. Investigate the development of X
a facade easement program to
facilitate the rehabilitation
of business facades in the B-3
zoning district.
11 . Investigate the development of X
a specialty shop retail incubator
facility in the downtown area.
12 . Notify marketing Consultants X
indicating the positive business
climate in Shakopee and the
benefits that the Mini Bypass will
bring to Downtown Shakopee.
old
Five Year Economic Development Plan Page - 4
13 . Investigate whether the Downtown X
Revitalization Plan should be
updated and determine if cost
estimates should be obtained.
Goal #3 Initiate Planning and Marketing concepts that will
increase residential development in the community.
Objective 1991 1992 1993 1994 1995
1. As a result of the Comp. X
Plan update, comprehensively
amend the Shakopee Zoning
Ordinance in order to
facilitate sound economic
development in a timely manner.
2 . Develop an informational piece X
that can be distributed to
current residents and persons
interested in moving to our
community.
3 . Formally establish and X
participate in the Scott County
Economic Development Coalition
and support their activities.
4 . Work with the School District in X X
completing their strategic
planning process in particular
to their space needs as they
relate to the area identified in
the interim zoning ordinance.
5. Work with the DNR to facilitate X X
the completion of the MN River
Valley Trail through Shakopee.
6 . Complete the JEJ Eastside Park X
Project and determine if the
warming house should be
remodeled to include restrooms
or if a new warming house/
restrooms should be constructed.
7 . Evaluate whether the Hauer Tot X
Lot should be developed as a
park or a residential lot.
8 . Complete a new park five X
year CIP.
Five Year Economic Development Plan Page - 5
9 . Determine an organizational X
structure for the newly created
Recreation Dept.
10. Create a housing subcommittee X
of the CDC to evaluate housing
needs in the community and
prepare a report for City
Council review.
Goal #4 Encourage new industrial development and the expansion of
existing industries in the City.
Obiective 1991 1992 1993 1994 1995
1 . Update the data base of X X
vacant commercial industrial
properties.
2 . Meet with CEO' s in the Industrl. X X X X X
Park to determine how the City
can better serve their needs.
3 . Encourage developers to X
pursue a major riverfront
project incorporating housing,
commercial and recreational
characteristics.
Goal #5 Encourage the development of support services such as schools,
medical facilities and public facilities which provide for a
good free standing growth center.
Obiective 1991 1992 1993 1994 1995
1. Acquire a site for a new fire X
station.
2 . Construct a new fire station. X
3 . Work with St. Francis Hospital X X X X X
and Scott County to facilitate
the construction of ancillary
services in the Institutional
Area.
4 . Evaluate whether or not the X
Public Works/Engineering
activities should be based
at one common facility.
lid
Five Year Economic Development Plan Page - 6
5. Acquire a site or facility for X
City Hall purposes.
6. Work with the Hockey Association X
in an attempt to assist them in
their plans to construct an Ice
Arena.
7 . Investigate the needs for the X
development of a community center
and/or municpal facilities complex
to coincide with the School District
Committee.
8 . Acquire a 20 - 40 acre site for a X
major athletic complex to serve
eastern Shakopee.
9 . Work with the owners of the X
industrial park to negotiate
a land swap for trail purposes
around Deans Lake in lieu of
future park dedication fees.
Goal #6 Develop an organizational structure and staffing program
which will promote economic development.
Objective 1991 1992 1993 1994 1995
1. Complete the annual X X X X X
Community Profile.
2 . Complete the Business X X X X X
Retention and
Expansion Survey.
3 . Complete the Shakopee X X
Labor Survey
4 . Complete the annual
Community Profile X X X X X
5. Evaluate the pro's and con's of X
maintaining Star City
Designation.
6. Become a participating member X
in the Scott County Economic
Development Coalition.
Five Year Economic Development Plan Page - 7
7 . Initiate semi annual meetings X
with the Shakopee Public
Utilities Commission to discuss
Economic Development Issues.
8 . Appoint a laison to attend X
S .P.U. C. meetings on a
regular basis.
Goal #7 Support and encourage a community focus on tourism
opportunities emphasizing year round activities.
Objective 1991 1992 1993 1994 1995
1 . Work with the Shakopee Visitors X X X X X
and Convention Bureau and Chamber
of Commerce on marketing and
special events which will attract
tourists to the area.
2 . Promote year round use of X X X X X
the hospitality and tourism
industry.
3 . Work with the DNR to complete X X
the MN Valley Trail through
Shakopee.
4 . Work with the DNR to complete X
the MN Valley Trail from Veterans
Park to the Peavey property.
au: fiveyr
TO: Dennis R. Kraft, City Administrator
FROM: Tom Steininger, Chief of Police
SUBJECT: Snowmobiles
DATE: 01 18 91
INTRODUCTION:
The City Council directed a review of the current snowmobile
ordinance.
BACKGROUND:
Sgt. Erlandsen dealt with this assignment and prepared the attached
report.
ALTERNATIVES:
1. Educate snowmobile operators through newspaper articles
articulating and explaining the snowmobile ordinance.
2 . Erect more informational signs in areas where snowmobiling is
not allowed.
3 . Designate official snowmobile routes by use of signs.
4 . Work with snowmobile club to help them disseminate this
information to their members.
RECOMMENDATIONS :
1. The Police Department will implement Alternatives 1 and 4 .
2 . Install additional regulatory signs in areas where snowmobiling
is not allowed.
ACTION REQUESTED:
Observe results of educational effort through media and snowmobile
club and install additional regulatory signs in areas where
snowmobiling is prohibited if complaints persist.
i Q.-
TO: Chief Steininger
FROM: Sgt. Erlandsen
DATE: 1-17-91
RE: Snowmobile Complaint Follow Up
In response to the city council request for follow up to
problems with snowmobilers I have taken the following action:
i. Reviewed the current city snowmobile ordinance.
2. Conferred with Shakopee Snowmobile Club members,
Ken Busch and Kim Werkmeister.
3 . Consulted with city engineer staff.
4. Compiled police department records regarding
snowmobile complaints.
Based on the above actions, I have been able to focus on what
appear to be relevant facts:
A. During the period 10-01-90 thru 01-14-91, ten (10)
snowmobile complaints were received by the Shakopee
Police Department. The majority (8) occurred in the
area south of 11th Avenue, east of Apgar Street, and
west of Eagle Creek Blvd.
B. A new walking path has been created in this area,
where traditionally snowmobiles have accessed. This
new walking path is not meant to be open to
snowmobiles.
C. No information was published in local newspapers
this snowmobiling season regarding the city ordinance
regulation of snowmobile activity as has been done in
the past.
D. A very limited amount of regulatory signs are in place
to inform snowmobilers of appropriate routes.
E. Enforcement of the city snowmobile ordinance by the
police department is difficult due to its' limited
ability to make contact with the violators in areas
inaccessible by available vehicles. The Scott County
Sheriffs' Department snowmobile patrol has assisted in
patroling the problem areas but may not always be
available when complaints come in.
SYNOPSIS:
After conducting discussions with Ken Busch and Kim
Werkmeister of the Shakopee Snowmobile Club, city engineer
staff and other Shakopee Police officers, it has become
apparent that the city snowmobile ordinance is appropriate as
it stands.
In dealing with the problem of snowmobiles running on newly
constructed walking paths the ordinance quite clearly states
in Subd. 3. paragraph J. that it is unlawful to operate a
snowmobile "within 100 feet of any pedestrian, fisherman,
skating rink or sliding area where the operation would
conflict with the use or endanger other persons or property. "
A great deal of the problem seems to be a lack of education
of a small number of snowmobile operators as to where they
should be appropriatly riding their vehicles.
RECOMMENDATIONS:
It is the concensus of the snowmobile club representatives I
met with and myself that an emphasis on the education of the
snowmobiling public would greatly reduce the inappropriate
and unlawful use of snowmobiles in the city of Shakopee.
This could be accomplished by:
1. Newspaper articles articulating the city snowmobile
ordinance. (Updating city maps to identify new areas
which are off-limits to snowmobiles. )
2 . Use of more regulatory signs in those areas where
snowmobiling is not allowed. (The snowmobile club has
offered to supply the necessary signs. )
3. Officially designating snowmobile routes by use of
standardized signing as has been successfully
accomplished in other municipalities.
4. Close cooperation of the local snowmobile club
members with the city, escpecially the police
department, in matters of enforcement and education.
In addition to education, enforcement of the current Shakopee
snowmobile ordinance is always an option.
/J44111'
Mon 01=14-91 Shakopee Police Department Time: 10:34 am
ICR Listing - OCA/RPD Page: 1
b: � Date range From 10/01/90 Thru 01/14/91
V SBN : All
i:::"-5- /
� L(/ , UOC range : 9808 thru 9808
4t4(1e,f1
Print ALL LGN Codes
Protected and Non-Protected Cases
* * * * * * * * * * * * * * * * * * * * * * * * * * *
Case Number : 90007904 Date Reported: 12/03/90
Reported By: DOB:
Address: Apt. #: Phone #:
City: State: Zip Code: Danger (Y/N) :
Complainant: REFUSED DOB:
Address: Apt. #: Phone #:
City: State: MN Zip Code: Danger (Y/N) : N
Incident Description: SNOWMOBILE NOISE COMPLAINT. 2 SLEDDERS ADVISED.
Squad/Badge #s: 15 22 Addt'l Reports : No Protected : No
* * * * * * * * * * * * * * * * * * * * * * * * * * *
Case Number : 90008182 Date Reported: 12/16/90
Reported By: DOB:
Address: Apt. #: Phone # :
City: State: Zip Code: Danger (Y/N) :
Complainant: LENZMEIER EARL DOB:
Address: 1075 MARKET ST Apt. #: Phone #: 612/445-2362
City: SHAKOPEE State: MN Zip Code: 55379 Danger (Y/N) : N
Incident Description: SMOWMOBILES TESPASSING. UNABLE TO LOCATE.
Squad/Badge #s: 19 22 Addt'l Reports : No Protected : No
* * * * * * * * * * * * * * * * * * * * * * * * * * *
Case Number : 90008281 Date Reported: 12/21/90
Reported By: DOB:
Address: Apt. #: Phone #:
City: State: Zip Code: Danger (Y/N) :
Complainant: RABEN MOLLIE DOB:
Address: 2063 HERITAGE Apt. #: Phone #:
City: SHAKOPEE State: MN Zip Code: 55379 Danger (Y/N) : N
Incident Description: SNOWMOBILES TRESPASSING. UTL.
Squad/Badge #s: 21 Addt'l Reports : No Protected : No
* * * * * * * * * * * * * * * * * * * * * * * * * * *
/ La,
Mon 01-14-91 Shakopee Police Department Time: 10:34 am
ICR Listing - OCA/RPD Page: 2
Date range From 10/01/90 Thru 01/14/91
SBN : All
UOC range : 9808 thru 9808
Print ALL LGN Codes
Protected and Non-Protected Cases
* * * * * * * * * * * * * * * * * * * * * * * * * * *
Case Number : 90008284 Date Reported: 12/21/90
Reported By: DOB:
Address: Apt. #: Phone #:
City: State: Zip Code: Danger (Y/N) :
Complainant: GARCIA TROY DOB:
Address: 1228 CLOVER CT Apt. #: Phone #: 612/445-9650
City: SHAKOPEE State: MN Zip Code: 55379 Danger (Y/N) : N
Incident Description: SNOWMOBILE COMPLAINT. UNABLE TO LOCATE.
Squad/Badge #s: 14 16 Addt'l Reports : No Protected : No
* * * * * * * * * * * * * * * * * * * * * * * * * * *
Case Number : 90008301 Date Reported: 12/22/90
Reported By: DOB:
Address: Apt. #: Phone #:
City: State: Zip Code: Danger (Y/N) :
Complainant: GARCIA MONA DOB:
Address: 1228 CLOVER CT Apt. #: Phone #: 612/445-9650
City: SHAKOPEE State: MN Zip Code: 55379 Danger (Y/N) : N
Incident Description: SNOWMOBILE COMPLAINT
ADVISED NEEDS REGISTRATION AND DESCRIPTION AND WILL FOLLOW U
P - ALSO POSSIBLE FENCE
Squad/Badge #s: 17 Addt'l Reports : No Protected : No
* * * * * * * * * * * * * * * * * * * * * * * * * * *
Case Number : 90008304 Date Reported: 12/22/90
Reported By: DOB:
Address: Apt. #: Phone #:
City: State: Zip Code: Danger (Y/N) :
Complainant: GARCIA TROY , DOB:
Address: 1228 CLOVER CT Apt. #: Phone #: 612/445-9650
City: SHAKOPEE State: MN Zip Code: 55379 Danger (Y/N) : N
Incident Description: SNOWMOBILE COMPLAINT
Squad/Badge #s: 17 Addt'l Reports : No Protected : No
* * * * * * * * * * * * * * * * * * * * * * * * * * *
10:34 am
Mon 01-14-91 Shakopee Police Department Time: Page: 3
ICR Listing - OCA/RPD
Date range From 10/01/90 Thru 01/14/91
SBN : All
UOC range : 9808 thru 9808
Print ALL LGN Codes
Protected and Non-Protected Cases
* * * * * * * * * * * * * * * * * * * * * * * * * * *
Case Number : 90008344 Date Reported: 12/24/90
DOB:
Reported By: Apt. #: Phone #:
Address: Danger (Y/N) :
City: State: Zip Code:
DOB:
Complainant: RABEN MONTY
Address: 2063 HERITAGE Apt. #: Phone # : 612/445-0019
City: SHAKOPEE State: MN Zip Code: 55379 Danger (Y/N) : N
Incident Description: SNOWMOBILE COMPLAINT ON WALKING TRAIL
OWNER ADVISED
Squad/Badge #s: 21 Addt'l Reports : No Protected : No
* * * * * * * * * * * * * * * * * * * * * * * * * * *
Case Number : 90008354 Date Reported: 12/25/90
DOB:
Reported By: Phone # :
Address: Apt. #:
City:
State: Zip Code: Danger (Y/N) :Complainant: BERG PHYLIS DOB:
Address: 1070 MARKET Apt. #: Phone #: 612/445-5040
City: SHAKOPEE State: MN Zip Code: Danger (Y/N) : N
Incident Description: SNOWMOBILE COMPLAINT
GOING THROUGH YARD ADVISED
Squad/Badge #s: 8 Addt'l Reports : No Protected : No
* * * * * * * * * * * * * * * * * * * * * * * * * * *
Case Number : 90008413 Date Reported: 12/28/90
DOB:
Reported By: Phone # :
Address: Apt. #:
City:
State: Zip Code: Danger (Y/N) :Complainant: MCELDERRY SOLOMA DOB:
Address: 1831 W. 6TH Apt. #: Phone #: 612/496-2490
City: SHAKOPEE State: MN Zip Code: Danger (Y/N) : N
Incident Description: SNOWMOBILE COMPLAINT. OFFICERS NEAR AREA. UTL.
Squad/Badge #s: 15 22 Addt'l Reports : No Protected : No
* * * * * * * * * * * * * * * * * * * * * * * * * * *
RFP, GL.
Mon 01-14-91 Shakopee Police Department Time: 10:34 am
ICR Listing - OCA/RPD Page: 4
Date range From 10/01/90 Thru 01/14/91
SBN : All
UOC range : 9808 thru 9808
Print ALL LGN Codes
Protected and Non-Protected Cases
* * * * * * * * * * * * * * * * * * * * * * * * * * *
Case Number : 90008415 Date Reported: 12/29/90
Reported By: DOB:
Address: Apt. #: Phone # :
City: State: Zip Code: Danger (Y/N) :
Complainant: SCHMITZ GARY JOHN DOB: 07/19/66
Address: 1048 S ATWOOD ST Apt. #: Phone # : 612/445-4073
City: SHAKOPEE State: MN Zip Code: 55379 Danger (Y/N) : N
Incident Description: LOUD SNOWMOBILES DISTURBING. UNABLE TO LOCATE.
Squad/Badge #s: 16 Addt'l Reports : No Protected : No
* * * * * * * * * * * * * * * * * * * * * * * * * * *
f1a,
Mon 01-14-91 Shakopee Police Department Time: 1:52 pm
Crime Summary Report - UOC Page: 1
Date range From 01/01/90 Thru 05/01/90
SBN : All
UOC range : 9808 thru 9808
Print ALL ISNs
Print ALL LGN Codes
U 0 C Total U 0 C Literal Translation
9808 . . . 2 SNOWMOBILE COMPLAINTS
*** AGENCY GRAND TOTAL: 2 There were two complaints January to
May of 1990.
Tom
Snowmobile complaints for calendar year 1989 are
36 complaints
plus
2 citations.
8 . 30
SEC. 6.3C. SNOWMOBILE AND ALL-TERRAIN VEEIr E TRAFFIC CONTROL
) AND REGULATIONS.
Subd. 1. Definitions. The following terms, as used in
this Section, shall have the meanings stated:
A. The term "snowmobile" means a self-propelled
vehicle Designed for travel on snow or ice steered by skis or
runners .
B. The terms "all-terrain vehicle" or "ATV" refers
to trail bikes, mini bikes, mopeds, amphibious vehicles and similar
devices other than snowmobiles used at least partially for travel
on natural terrain but not "special- mobile equipment" defined in
M.S. 168.011, Subdivision 22, which is hereby inco:Do:aced herein
by reference.
C. The term "owner" means a person, other than a
lien holder having the property in or title to a snowmobile c: ATV
entitled to the use or possession thereof.
D. The term "operate" means to ride in or on and
control the operation of a snowmobile or ATV.
The term "operator" means every person who
Operates or is in actual physical control Of a snowmobile or ATV.
The term "deadman throttle" or "safety
throttle" means a device which when pressure is removed from the
engine accelerator or throttle, causes the motor to be disengaged
from the driving mechanism.
G. The term "natural terrain" means areas other
than roadways or driveways (private or public) , pa:king lots and •
c whichbeen intentionally modified
other areas the surface O. has for motor vehicle operation thereon.
Subd. 2. Scope of Application. Notwithstanding _ rovi-
sions of this Chapter to the contrary, this Section shall apply to
control of -- -_1c and regulation of that certain class cf vehicles
falling within the definition cf snowmobiles or ATV as to matters
set forth herein. All .=+ro"v_sions of this Chapter , not relating to
matters herein stated, apply as equally to snowmobiles or ATV as
other vehicles.
Subd. 3. Operation. ExbeDt as otherwise herein
permitted, it is unlawful for any person to operate a sno4imoc__e
ATV not licensed as a motor vehicle as follows:
Source: City Code
Effective Date: 4-1-78
A. On the portion of anv richt-of-way cf any public
highway, street, road, trail or alley used for motor vehicle
zravel, ielcoiethat a- snowmobile.: may. operate upon the 'cost. _ _cht
Errand-ilaneof-. a municipal "street_" or alley and may -in passing or
peaking a 'eft hand-turn, operate- on Other =:antis 'which are used for
• 'vehicle t.radfic ..in"-""the same direction. A snowmobile -may also be
JT/ §
operatedupoi the- ditch bottom- or the outside bank ofgunk, County
*State-aid and--County highways where such highways are so configured
withinthez.corporate limits.
Source : Ordinance No. 187 , 4th Series
Effective Date : 1-30-86
S. On a public sidewalk or - bicycle trail _provided
for pedestrian or bicycle travel.
C. On boulevards within any public right-of-way.
D. On private property ci another without specific
�.- permission of the owner or person in control of said property.
E. At a rate of speed greater than reasonable or
proper under all surrounding circumstances.
F. At any place in a careless , reckless or
negligent manner or heedlessly in dis:ecard of the riches or safety
of others, or in a manner so as to endanger or be likely to
• endanger or cause injury or damage to any person or _ roperty.
Source: City Code
Effective Date: 4-1-78
G. Snowmobile operations shall be permitted on the
City_: streets when traveling directly to or from the residence of
4,De_=Operator.-- and the nearest Trail System access at a rate of speed
4i ) Dot in excess of fifteen (15) miles Per hour.
Source: Ordinance No. 167 , 4th Series
E',=,..-rive Date: 1-30-86
E. So as to tow any Person or thing except throuch
use of a _ i is towbar attached to the rear of the snowmobile or
ATV.
Z. At any place while under the influence of
alcohol or drugs as defined _n M.S.A. 169.121, which 1s hereby
incorporated herein by reference.
5. Within 100 feet of any pedestrian, fisherman ,
skating rink or sliding area where the operation would conflict
with the use or endanger other persons Or property.
Subd. 4. Special Orders. in addition to the regulations
provided in Subdivision 3, it is - unlawful to operate a snowmobile
or ATV on any public place where prohibited by order of the City.
The City shall have the power , by written order, to prohibit such
Opera:ion whenever in its discretion the same would be likely to
_produce damage to property or encanoer the safety or repose of
other persons Such areas shall be atprop: late v sign-posted
before such order shall become effective.
Subd. t. Direct Crossings. .snowmobile or ATV may make
a di rec,itcross_ng of a street or highway, except an interstate
highway or freeway, provided:
(8-1-86 )
i
)64../ 1
ORDINANCE NU. 14«1 z•
Fourth Series _—
An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 8 of
The Shakopee City Code Entitled "Traffic Regulations" by Enacting a New
Subd 4 to Section 8.99 entitled "Violation a Misdemeanor or Petty
Misdemeanor".
THE CITY COUNCIL OF THE CITY OF SHAKOPEE ORDAINS:
SECTION I : A Now Subd 4 to Section 8.99 entitled "Violation a Misdemeanor or
r•
a petty misdemeanor" is adopted as follows:
Subd 4 Any vehicle used in or during the violation of any provision of
Section 8. 30 shall be impounded for 60 days in addition to any other penalty 1
provided in Section 8. 99.
SECTION II: General Penalty Provisions Adopted
• F
The Shakopee City Code Chapter 1 entitled "General Provisions and Definitions
City
Applicable to the Entire City Code including penalty provisions" and Section 8.99
on-Ci-tied "Violation a M154emCanOr Cr Petty Misdemeanor" are hereby adopted in
their entirety by reference a§ though repeated verbatim herein.
" J
SECTION III: • When in Force
This ordinance shall be published once in the o_fical newspaper c_` the City cf €.
1
Shakopee and shall be in full force and effect on and after the date of such
publication.
•
Adopted by the Shakopee City Council this day of 1984.
1
ATTEST: Meyer of the City of• Shakopee III
F
City Clerk
r.
. Approved and prepared as to form this
4th day cf January, 1984.
Cite Attorney
§ 6.30
IR. The crossing is made at anige*o `approxi-
mately=:9D eegrees to the direction of the street or highway and at
)_ - a place where no obstruction prevents a quick and safe crossing.
B. The snowmobile or ATV is brought to a tuipplete
ttop.- before crossing the shoulder or main traveled way.
•C. The driver yoie3ds:;::the right-of-way to all
oncoming traffic which constitutes an immediate hazard.
p. In crossing a ad tided streetz_ highway, the
crossing is :wade gorily at an intersection of such; s eet__or:, highway
with"another public street or highway.
E. If the crossing is made between the hours of
one-half hour after sunset to one-half hour before sunrise or in
conditions of reduced visibility, -only if both front and rear
lights are on. ATV not licensed as a motor vehicle are forbidden
to cross highways or streets except when they are pushed across by
human power. ATV when pushed across highways Cr streets shall be
subject to all the reculations of this Section.
Source: City Code
Effective Date: 4-1-78
Subd. 6. Yielding the Right-of-Way. It is unlawful for
any person operating a snowmobile to enter any intersection without
yielding the right-of-way to any vehicles or pedestrians at the
intersection, or so close to the intersection as to constitute an
immediate hazard. •• Subd. 7. Persons Under Eighteen. .
A. It is unlawful for any person under the age of
fourteen (14) years to operate a snowmobile on streets, in City
parks or other public land, or the roadway surface of highways, or
make a direct crossing of a trunk, County State-aid, or County
highway as the operator cf a snowmobile. A person fourteen (14)
' years of age or older , but less than eighteen (18) years of age,
may operate a snowmobile as permitted under this Section, only if
-
he has- in his possession, a safety certificate issued by the
Commissioner of Natural Resources as provided by R.S.A. 84.872.
B. It is unlawful for the owner of a snowmobile to
permit the snowmobile to be operated Contrary to the provisions of
this Section. -
Source: Ordinance No. 167 , 4th 'Series
Effective Date: 1.---3O-86
Subd. 8. Equipment. It is unlawful for any person to
operate a snowmobile or ATV any tlace within the City unless it is
equipped
,-
equipped with the following
A. S t,..n lord mufflers which are ^roper}v attached
and which reduce the noise of operation of the motor to the minimum
necessary for Operation. No person shall use a muffler cut-out,
by-pass, straight pip= Or similar device on a snowmobile or ATV
• motor .
-197- (8-1-86)
) 2 �
S 8 .30
• B. Brakes adequate to control the movement of and
to stop and hold the snowmobile or LTV under any condition of
) operation.
• C. A safety or so-called "deadman" throttle in
operating condition.
D. When operated between the hours of one-half hour
after sunset to one-half hour before sunrise or at a time of
reduced visibility, at least one clear lama attached to the- _ront,
with sufficient intensity to reveal persons and vehicles at a
distance of at least 100 feet ahead during the hours of darkness
and under normal atmospheric conditions. Such head lamp shall be
so aimed that glaring rays are not projected into the eyes of an
oncoming snowmobile or ATV operator. It shall also be ecuipped
with at least one red tail lamp having a minimum candlepower of
sufficient intensity to exhibit a red light plainly visible from a
distance of 500 feet to the rear during the hours of darkness under
normal atmospheric conditions.
E. Reflective material at least 16 scuare inches on
each side , forward of the handlebars, or steering device of a
snowmobile or ATV and at the highest practical point on any towed
object, as to reflect light at a 90 degree angle.
Subd. 9 . Locking Vehicles. It is unlawful for any
person to leave a snowmobile or ATV on a public place unless he
shall lock the ignition, remove the key and take the same with him.
Source: City Code
Effective Date: 4-1-78 •
Subd. 10. Emergencies. Notwithstanding the prohibition
cf operating a snowmobile upon a roadway to the contrary, a snowmo-
bile may be Operated on a public thorouchfare in an emergency
during the period of time when, at locations where, snow upon the
roadway renders travel by automobile impractical.
•
Source: Ordinance No. 187 , 4th Series
Effective Date: 1-30-86
•
Subd. 11. Animals. It is unlawful to intentionally
drive, chase, r..n over or kill any animal with a snowmobile o: ATV.
Subd. 12. Signal From O"i ^per to Stop. It is unlawful
for a snowmobile or ATV operator, after having received a visible
or audible signal from any 'law enforcement officer to come to a
stop, to (a) operate a snowmobile or ATV in willful or wanton
disregard of such signal, or (b) interfere with or endanger the: law
enforcement officer or any other person or vehicle, or (c) increase
his speed or attempt to flee or elude the officer.
Source: City Code
Effective Date: 4-1-76
(Sections 8.31 through 8.58 , _-- ,c . Vc r eecrved for future
expansion. )
_196- (8-1-86)
•
§
� 8.99' SEC. 8.99. VIOLATION A MISDEMEANOR OR PETTY MISDEMEANOR.
Every - person violates a section, subdivision, paragraph or
provision of this Chapter when he performs an act thereby
prohibited or declared unlawful, or fails to act when such failure
is thereby prohibited or declared unlawful, and upon conviction
thereof, shall be punished as follows:
Subd. 1. Where the spe^ " F' ^ section, subdivision ,
paragraph or provision specifically makes violation a misdemeanor ,
he shall be punished as for a misdemeanor ; where a violation is
committed in a manner or under circumstances so as to endanger or
be likely to endanger any person or property, he shall be Punished
as for a misdemeanor; where he stands convicted of violation of any
provision of this Chapter , exclusive of violations relating to the
standing or parking of an unattended vehicle, within the immediate
preceding 12-month period for the third or subsecuent time , he
shall be punished as for a misdemeanor.
Subd. 2. As to any violations not constituting a
misdene_nor under the Provisions of Subdivision 1 hereof, he shall
be p: nisned as for a petty misdemeanor.
Subd. 3. As to anv violation of a provision adopted by
reference, he shall be punished as specified in such Provision, SO
_ .
adopted. /' .p/ru,.lirt.din L[iY✓
Source: City Code
Effective Date: 4-1-78
Subd. 4. Anv vehicle used in or during the violation of
any provision of Section 8.30 shall be impounded for 60 :ays in
addition to any other penalty provided in this Section.
Source: Ordinance No. 141, 4th Series
Effective Date: 1-26-84
99-
- 1OI\ SENT -- 1Z b:s
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Judith S . Cox, City Clerk--'
RE: Lease with O 'Dowd Lakes Chaiin Association
DATE: January 15, 1991
INTRODUCTION:
The Save O ' Dowd Lakes Chain Association is asking that their
lease be renewed.
BACKGROUND:
For the past nine years the City has provided the Association
with a lease for the purpose of providing easement for electrical
power and operation of aerators. At first the lease was for one
year. To save time, we started issuing two year leases. The City
Attorney recommends that we change from approving two year leases
to issuing a license agreement which will be continous until
canceled by either party. A copy of the license, prepared by the
City Attorney, is attached.
Mark McQuillan, Program Supervisor and Dave Hutton, Public
Works Director have been contacted and neither have any problems
with granting the license.
ALTERNATIVES:
1. Approve
2 . Deny
3 . Amend license
RECOMMENDED ACTION:
Approve the rquest and grant a license with Save O ' Dowd Lakes
Chain Association for the purpose of providing electrical power and
the operation of aerators at O' Dowd Lake.
JSC/tiv
LICENSE
This license, made and entered into this day of
, 1991, by and between the City of Shakopee, a
municipal corporation of the State of Minnesota, hereinafter
referred to as the City, and the Save O ' Dowd Lakes Chain
Association, a Minnesota Association, hereinafter referred to as
Licensee.
WHEREAS, for several years the City has given the Licensee
permission to keep aerators on City property; and
WHEREAS, the parties desire to continue their agreement.
NOW, THEREFORE, it is agreed by and between the parties hereto
as follows:
1. Land. The City hereby grants to the Licensee the non-
exclusive right to use certain land for the purpose of erecting,
maintaining, and servicing a pole or poles for the purpose of
supplying electric energy to operate three aerators in O ' Dowd ' s
Lake. The land is described as follows:
Lots M, N, and 0 inclusive, Registered Land Survey
No. 45, Scott County, Minnesota.
This land is off the South shore of the above-described lake.
2 . Ingress and Egress . The City further grants the right of
ingress and egress to erect, maintain, and service all necessary
wires and guides to extend from a point on County Road 79 to a
point on the shore of O ' Dowd' s Lake across the above-described land
for a distance of approximately 200 feet.
3 . Aerators . The Licensee agrees to operate and maintain
three aerators in O ' Dowd' s Lake at its own expense.
4 . Insurance. The Licensee shall carry insurance in the
amount specified for municipal liability under Minn. Stat. Sec.
466 . 04 Subd. 1. The insurance policy shall provide that the City
is an additional named insured. A certificate of insurance shall
be filed with the City Clerk annually showing this coverage. The
insurance policy shall contain a cancellation clause stating that
thirty days ' written notice shall be provided to the City Clerk
prior to cancellation.
5. Termination. This license may be terminated by either
party, with or without cause, at any time upon thirty (30) days '
prior written notice. Upon termination, the Lessee shall remove
all Lessee ' s property and restore the land to as good a condition
as it was in prior to the initiation of this License or any
predecessor agreement relating to supplying electric energy to
operate three aerators in O ' Dowd ' s Lake.
) V b
6 . Notices. Any notices under this license shall be sent to
the parties at the following addresses:
The City: City Clerk Licensee: Save O 'Dowd' s Lake Assn.
City Hall
129 E. 1st Ave.
Shakopee, MN 55379
City of Shakopee, MN Licensee
By By
Mayor (authorized signature)
By
City Administrator
By
City Clerk
THIS INSTRUMENT DRAFTED BY:
City of Shakopee
129 E. 1st Ave.
Shakopee, MN 55379
[ODOWDLS]
Of\1SENT (1ft
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerk -
RE: 3 . 2 Beer License - Pizza 'n' Pasta
DATE: January 16, 1991
INTRODUCTION AND BACKGROUND:
The City has received an application for an on-sale non-
intoxicating malt liquor license from Aries I Pizza, Inc. DBA Pizza
'n' Pasta, 584 Marschall Road. The application is in order.
RECOMMENDED ACTION:
Approve the application and grant an On-Sale Non-Intoxicating
Malt Liquor License to Aries I Pizza, Inc. DBA Pizza 'n' Pasta, 584
Marschall Road.
P. d
MEMO TO: Dennis Kraft, City Administrator
FROM: Dave Hutton, Public Works Director
SUBJECT: Municipal State Aid System (MSAS)
DATE: January 14, 1991
INTRODUCTION:
Staff is requesting Council concurrence on adding additional
mileage to the City of Shakopee Municipal State Aid System.
BACKGROUND:
All municipalties that belong to the State Aid System are allowed
to designate up to 25% of their mileage to be included in the
system. The annual allocation of State Aid Funds is then
distributed based on mileage or needs (50%) and population (50%) .
It is in the City's best interest to have the maximum amount of
mileage designated possible in order to maximize the State Aid
allocated to Shakopee.
As of December 31, 1990 the City of Shakopee was below the
allowable designated mileage by 1.8 miles. In 1990, the average
amount of State Aid received per mile of designated street was
around $30,200. 00. Having an excess of 1.8 miles of undesignated
streets will result in a loss of about $54, 360. 00 in State Aid for
1991. Our current estimated allotment for 1991 is $407, 000. 00.
If the City were to apply for additional State Aid mileage by March
31, 1991 and it is approved by the State by May 1, 1991 the
additional mileage can be included in our 1991 State Aid.
Staff is proposing to add a new street to the State Aid System to
reduce our undesignated mileage. Attachment 1 is a map showing the
proposed addition. The proposed street would be an extension of
Valley View Road to McKenna Road (C.R. 21) . This future street
would be considered a non-existing state aid street and would add
1.0 miles to our system. If at a future date the City determines
that this is not the proper location for a road, it can be removed
from the State Aid System quickly and at no cost to the City.
The City would still have 0.8 miles of undesignated mileage to add,
but at this point in the development of the City, staff does not
see any other areas where a street could be added to the system
that is that small in length.
Staff is requesting City Council concurrence on this proposal prior
to submitting formal applications to the State. If the State
approves of the preliminary request, the City Council will need to
eventually approve of this route by Resolution. Staff does not
wish to initiate this request without prior Council approval.
/12. a
ALTERNATIVES:
1. Approve the request.
2 . Deny the request.
RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Move to direct staff to submit a request to Mn/DOT State Aid Office
to add Valley View Road, between County State Aid Highway 83 and
McKenna Road, to the Municipal State Aid System of Shakopee.
DH/pmp
STATEAID
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CONSENT / 2.
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerk-'
RE: Release from Subdivision Agreement
DATE: January 16, 1991
INTRODUCTION:
The City has received a request for the release of certain
lots from a Subdivision Agreement.
BACKGROUND:
When Valley Park 7th Addition was platted, the developer
entered into a Subdivision Agreement which provided that:
1] Outlots A and B shall be deemed unbuildable as a part of
this plat. (Because the outlots are deemed unbuildable as a part
of this plat, no park dedication fee has been established at this
time. )
2 ] Prior to any site grading, or issuance of a building
permit, a grading and drainage plan shall be submitted by the
applicant and approved by the City Engineer. Said plan must
include storm water run-off calculations, any proposed on-site
drainage facilities, culvert locations, sizes of driveways, and an
erosion control plan.
Condition 1 has been satisfied because the two outlots have
been added to larger parcels and are a part of Lots 1 and Lot 2 ,
Valley Park 10th. Because of the replatting they can be built
upon. Infact, Outlot A of Valley Park 7th is the land that Toro is
purchasing in order to expand their facility. They would like this
condition lifted from their title. (The additional park dedication
required at the time of replatting, has been paid. )
Condition 2 actually pertains to the other lots in the 7th
Addition. The City Engineer has advised me that this condition is
not necessary for the Outlots in the 7th Addition (which parcels
have been added to larger parcels in the 10th Addition) .
RECOMMENDED ACTION:
Authorize and direct proper city officials to release Outlots
A & B, Valley Park 7th from the Subdivision Agreement dated July
19 , 1989 .
RIVER VALLEY PARK
•
January 4, 1991
•
Ms . Judy Cox
City Clerk
•
CITY OF SHAKOPEE
129 East First Avenue
Shakopee, MN 55379
Re: Outlots A and B, Valley Park 7th Addition
Subdivision Agreement
Dear Judy:
Please consider this our request of the City to release the
"Subdivision Agreement" for Outlots A and B of Valley Park 7th
Addition. The recent filing of the Valley Park 10th Addition plat,
as we understand it, has fulfilled this requirement and a release
would be appropriate. Outlots A and B of Valley Park 7th have been
replatted into portions of the following lots:
Lot 1, Block 1 Valley Park 10th Addition
Lot 2, Block 1 Valley Park 10th Addition
Outlot C, Valley Park 10th Addition (the 10th Avenue roadway)
We appreciate your action on this matter and will look forward to
the council ' s action on same. Any questions, please call .
Respectfully,
RI1 R VALLEY PARK
Jon R. Albinson
Project Director
JRA: jmcx-023
cc: Dick Peterson
Kerry Meagher
Brian Brennan
52-~ al:ev I::ccs:r:a: Boulevard So.:.::,Shakccee, \t•--eso:a 553-9 • B_s: 612=5 9286 Fax: 612»=5 93-:.
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COF\3SE[ JT
MEMO TO: Dennis R. Kraft, CityAdministrator /2.
FROM: Judith S . Cox, City Clerk
RE: Appeals Committee
DATE: January 18, 1991
INTRODUCTION AND BACKGROUND:
At their regular meeting on December 18 , 1990, the City Council
discussed whether or not they wished to sit as an Appeals Committee
to consider appeals from decisions made by the Position Classification
Appeals Committee . Desiring additional information before making a
decision, the matter was tabled.
I understand that sufficient additional information is not yet
available . Therefore , the matter should be removed from the table
and once again tabled.
RECOMMENDED ACTION:
1 ] Remove from the table the matter of whether or not appeals will
be heard by the City Council on decisions made by the Position Classifica-
tion Appeals Committee .
2] Move to table the matter of whether or not appeals will be
heard by the City Council on decisions made by the Position
Classification Appeals Committee .
14,;‘,
MEMO TO: Honorable Mayor and Council
FROM: Dennis R. Kraft, City Administrator
RE: Interim Organization of the Park and Recreation Dept.
DATE: January 18 , 1991
INTRODUCTION:
Last month the City Council was informed that an interim
organizational format would be established for the Park &
Recreation Department and in April a revised departmental
organization would be presented to the City Council for action.
BACKGROUND:
As of January 1, 1991, Shakopee Community Recreation
Department ceased to exist and the Shakopee Parks & Recreation
Department was established.
I have set up weekly meetings with Mark McQuillan, the Park &
Recreation Program Supervisor. The attached information includes
a series of recommendations for the temporary re-organization of
the Park & Recreation staff. This organization includes a Program
Supervisor, a Receptionist, a Secretary/Clerk, and a Pool Manager.
The attachment includes more detailed information on the
responsibilities of each position.
The present staffing level is approximately 25% smaller than
the 1990 staffing level. I anticipate that there will be a greater
reliance upon the use of part-time supervisory management people in
order to provide a reasonable level of service to Shakopee
residents. During the next three months I will have an opportunity
to observe the operations of the department and be in a better
position to make a recommendation for a permanent organizational
structure.
ALTERNATIVES:
1. Approve the interim organization structure which includes a
full-time Program Supervisor, full-time Secretary/Clerk, and
a full-time Receptionist, and a part-time Pool Manager.
2 . Formulate another organizational structure for the interim
period of time.
RECOMMENDATION:
It is recommended that the City Council approve the interim
organizational structure as described in Alternative #1 above.
ACTION REQUESTED:
Move to approve an interim organizational structure which
includes a full-time Program Supervisor, full-time Secretary/Clerk,
and a full-time Receptionist, and a part-time Pool Manager.
INTERIM.P&R
111
RECOMMENDATIONS
FOR
REORGANIZATION
OF THE
SHAKOPEE PARKS AND RECREATION DEPARTMENT
SUBMITTED BY:
MARK McQUILLAN
PROGRAM SUPERVISOR
JANUARY 10, 1991
/ z �
RECOMMENDATIONS
FOR REORGANIZION
SHAKOPEE PARKS AND RECREATION STAFF
When the City Council decided it would not fill the position of
retiree George Muenchow, it was very clear that the decision was
based solely on economics, a savings of $30,000. Little thought
was given as to what impact this would have on services or staff.
Nevertheless, a repositioning of priorities will be necessary in
order to meet the expectations of the citizens, the City Council,
the Parks and Recreation Advisory Board and City Administration.
Outlined below is each position's present duties and
responsibilities and suggestions for reorganization.
RECEPTIONIST
The Receptionist, Kathy Lewis, is responsible for answering in-
coming phone calls; handling registrations at the counter; photo-
copying; filing; preparing the Board Packet; ordering office
supplies when needed; sorting mail; posting bills; issuing
permits for picnic shelters, ball fields and picnic kits; billing
delinquent accounts (users) ; checking out keys to park
facilities; inputting computer data; typing letters, memos,
information sheets, reports, and promotional flyers. The bulk of
her time is spent answering phones, taking registrations and
processing registrations and recording minutes at the Community
Recreation Board meetings.
SECRETARY/CLERK
Our Secretary/Clerk, Judy Techam, has responsibilities including
scheduling school facilities for our users; handling
registrations and processing monies for deposit; typing league
schedules, rule sheets, memos, letters, flyers and reports for
the Program Supervisor; developing various reports for the
Program Supervisor and Director; creating posters for activities,
issuing permits for picnic shelters, ball fields and picnic kits;
handling reports for the pool and concessions for ice rinks;
attending training seminars for CEMS software system and services
acting as our computer representative to TIES; and tending to the
day to day needs of our instructors for Dog Obedience, Fitness
Classes, Golf and Tennis lessons and the 7 & 8 Grade Volleyball
and Wrestling Coaches.
Besides her job with the Parks and Recreation Department, Judy
and her husband have administered the youth basketball program
(also known as the Shakopee Basketball Association) in our
community since 1975. This includes grades 3-9. Judy has
demonstrated that she is capable of supervising programs.
/ 7k
PROGRAM SUPERVISOR
The Program Supervisor is Mark McQuillan. His responsibilities
include planning, organizing, controlling, budgeting and
evaluating a variety of wholesome recreation programs for all
citizens. This includes adult and youth sports, special events,
cultural programs, education activities, and seasonal events.
Specific duties include hiring and supervising (currently) 53
part-time seasonal employees; advising 16 different Auxiliary
Agencies; preparing a quarterly brochure that is mailed to all
residents; preparing memos, reports and occasionally conduct
studies; assisting with the planning of park improvements and
actively participating in professional associations and community
affairs.
POOL MANAGER
This position is currently held by Kim Tieben. She has worked at
the pool for 11 years, the last 4 years as manager. Her
responsibilities include supervising 24 part-time seasonal pool
employees; scheduling all employees work hours, coordinating the
Instruction Program including scheduling of specific classes,
staff training, supervising and reporting in a professional and
proper manner, ensuring the pool is sanitized and all areas are
properly cleaned, back washing and keeping proper water level in
the pool. Daily reports are also a requirement for this
position.
RECOMMENDATIONS
Receptionist
1) Since the Spring and Summer months are the busiest times of
the year for this Department, it is the desire of this staff
to hire a part-time office person to help with some of the
clerical work from April 1st to August 15. This position
would average approximately 20-25 hours per week. The rate
of pay would be $4.50 per hour. This person would spend a
majority of their time processing forms or inputting
computer data.
2) Adding another keyboard and monitor connected to the IBM AT
computer in our office will allow both Kathy Lewis and Judy
Techam to simultaneously use the computer which is not
possible now. Right now, there is a tremendous backlog of
data (registrations) that needs to be entered into the
computer.
3) Once the additional computer equipment is installed Kathy
will allocate more of her time typing reports, memos,
letters, and processing registrations and to make sure they
are kept current.
/ zY-
4) Kathy will no longer be taking minutes of the Parks and
Recreation Advisory Board Meetings. Sharon Storholm,
secretary for the Planning Commissioner's meetings, will
absorb those duties.
Secretary/Clerk
1 ) The question at this time is whether or not administration
wishes to create another level of supervision. Prior to
Judy coming to Shakopee Community Recreation, the department
had a Program Aide position. This position combined the
duties of Secretary and Program Specialist as well as
arranged classes for adult education and planned field
trips. Even though we no longer handle Community Education
functions, there has been an increase in various recreation
activities since Judy's arrival .
2) Judy does everything that a secretary would do and more.
Adding more responsibilities would involve overseeing or
supervising other staff, mainly part-time personnel.
Pool Manager
This position is currently a seasonal position. The planning
process, which begins in February, has been the function of the
Director. Staff recommends having the Pool Manager assume most
of those responsibilities by starting her employment in February
on a 20 hour per week basis. With these added responsibilities ,
I suggest that her wage be increased to compensate for the
additional tasks she will be performing.
The 1991 Wage and Salary Schedule states that the Pool Manager's
hourly rate will be $7. 54 . Considering that a Lifeguard at the
new Chaska Community Center starts at $8 .00 per hour, our pool
manager is being grossly underpaid. Kim Tieben is one of the few
people in the Scott and Carver County area that is qualified to
train and certify Water Safety Instructors. It would be a major
"blow" to our pool program should we lose her services. Kim has
been approached by Chaska Parks and Recreation and Eden Prairie
Parks and Recreation to come work for them.
OTHER CHANGES
It is staff's intent to have the Summer Recreation Supervisor,
Bonnie Karst, spend approximately 20 hours in early February to
help with the planning of the Spring and Summer Recreation
Activities. She would be on call to help when needed. The
Shakopee Showcase and the Hershey Track and Field Event are
examples in which she could be of assistance.
Our Family Fun Night Coordinator, Pat Pass, is interested in
supervising our field trips. There are about six Family Trips
planned in a given year.
The Parks and Recreation Department staffs five skating rinks
during the winter months. Previously, the Director was
responsible for weekly visits to each site to be sure they were
adequately supplied with refreshments and to handle any other
necessary matters.
Staff's recommendation is that a person who will report to the
Department Director be hired to act in this capacity.
PROGRAM SUPERVISOR/DIRECTOR
The additional duties of Park Administrator will obviously have
an effect on how the Program Supervisor manages his time. The
City Council is committed to making acquisition and development
of parks and trails high priority in the community.
Therefore, the Program Supervisor will need to prioritize
accordingly:
* Reduce the amount time in meeting with Auxiliary Agencies.
* Not add new programs until staff is brought back to its
former level.
* Utilize part-time staff more efficiently.
* Network with other City Departments to accomplish certain
projects.
PRIORITIES
TYIeNu.\. ,
PUBLICITY: Leisure Ledger Column, Quarterly Recreation
Brochure, Chamber of Commerce Newsletter.
SUPERVISION: 53 part-time staff and two full-time support
staff.
PARK PLANNING: CIP
BUDGET CONTROL: Recreation Administration, Pool, CIP.
RECREATION
PROGRAMMING: Will be reduced, but there are over 150
activities.
POLICIES: Carry out established policies and recommend
new policies whenever appropriate.
MEETINGS: Park & Rec Advisory Board, City Council,
Professional Association, special event
planning, Scott County Drug Abuse Prevention
Commission, and Auxiliary Agencies when
requested.
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EDDyER�R TCOUNCIL
TINGVEVING.
MEMO TO: Dennis R. Kraft, City Admi istrator
FROM: Judith S . Cox, City Clerk
RE: Appointments to Boards and Commissions
DATE: January 18 , 1991
INTRODUCTION:
At their regular meeting on January 8th, City Council made
nominations to various boards and commissions to fill terms
expiring January 31, 1991. Pursuant to Council policy,
appointments shall be made at the Council ' s second meeting in
January.
BACKGROUND:
Attached is a ballot for Councilmembers to vote on candidates
for boards and commissions. The ballot only contains those boards
and commissions where there are more candidates than openings.
Also attached is a memo from the City Administrator reporting on
the interview committee' s recommendations for appointments. Also
attached is a resolution for Council consideration making the
appropriate appointments. It would expedite the whole process if
Councilmembers could bring their completed ballot to the Council
meeting on Tuesday and give it to me. I can then have the results
tallied by the time the appointment comes up on the agenda.
In the case of SPUC, there is one three year term and one two
year term. The balloting will not distinguish these positions.
Council will have to make that determination when appointments are
made. Council may wish to appoint the candidate with the largest
number of votes to the longer term.
The four current members on the Cable Communications Advisory
Commission should be appointed to the Community Access Corporation
Board of Directors with coinciding expiration dates. The
resolution has been prepared accordingly. Whomever is appointed to
Mr. Moonen' s expiring term on the Cable Communications Advisory
Commission, should also be appointed to the opening on the
Community Access Corporation Board of Directors.
Note that we have received only one application for the Board
of Review. (Council may have to advertise again in April if
additional members are desired. ) Mr. Richard Marks, who was on the
Board of Review last year, did advise me that he would be happy to
serve in this capacity if the Council desired. He pointed out,
however, that he is not a resident of Shakopee, but of Jackson
Township. He thought that Council may wish to search for Shakopee
residents instead of appointing him.
Note that we have received no applications for the three
expiring terms on the Shakopee Community Youth Building Committee.
Individuals whose terms are expiring may continue to serve until
their successor is appointed and qualified. We will continue to
recruit applicants.
1
Appointments to Boards and Commissions
January 18 , 1991
Page -2-
RECOMMENDED ACTION:
1. Complete ballot for appointments prior to Council meeting
2 . Conduct additional balloting, if necessary
3 . Insert appropriate names into draft resolution
ACTION REQUESTED:
Offer Resolution No. 3327 , A Resolution Appointing Individuals
To Various Boards And Commissions, and move its adoption.
BDSCOMM1.91
BALLOT
Community Development Commission
(Vote for 2)
Jon Albinson
Charles Brandmire
Cole Van Horn (1st Choice, 2nd is Downtown Ad Hoc)
Cable Communications Advisory Commission
(Vote for 1)
Robert Green
Larry Moonen
Community Access Corporation Board of Directors
(Vote for 1)
Robert Green
Larry Moonen
Shakopee Public Utilities Commission
(Vote for 2)
Charles Brandmire
Barry Kirchmeier
Terry O'Toole
Eldon Reinke
Dave Rockne
Police Civil Service Commission
(Vote for 1)
Al DuBois
Steve Johnson
Don Mertz
Stan Von Bokern
Park & Recreation Advisory Board
(Vote for 2)
Charles Brandmire
Robert Green
Charles Herrgott
Steve Johnson
Anne Seifert
Robert Tomczik
Clay
Laurent
Sweeney
Vierling
Wampach
Zak
f2 "
MEMO TO: Honorable Mayor and Council
FROM: Dennis R. Kraft, City Administrator �.
RE: Ranking of Board and Commission Candidates by Committee
DATE: January 17 , 1991
The Mayor appointed a committee composed of Steve Clay and Joe Zak
to interview candidates for board and commission openings. The
City Administrator was also apart of the interview panel but did
not participate in voting. This memo ranks candidates only in
those circumstances where there are more candidates than openings
for a particular board or commission.
The committee members ranked candidates from top to bottom. The
rankings made by the committee are sent to the City Council for
their consideration.
The ranking of candidates, first by Councilman Clay second by
Councilman Zak, for various boards and commissions where there are
more candidates than openings are as follows:
COMMUNITY DEVELOPMENT COMMISSION (2 vacancies)
1 - Jon Albinson* 1 - Jon Albinson*
2 - Charles Brandmire* 2 - Charles Brandmire*
3 - Cole Van Horn 3 - Cole Van Horn
CABLE COMMUNICATIONS ADVISORY COMMISSION (1 vacancy)
1 - Larry Moonen* 1 - Larry Moonen*
2 - Robert Green 2 - Robert Green
SHAKOPEE PUBLIC UTILITIES COMMISSION (2 vacancies)
1 - Terry O 'Toole 1 - Barry Kirchmeier*
2 - Charles Brandmire 2 - Charles Brandmire
3 - Barry Kirchmeier* 3 - Eldon Reinke
4 - Eldon Reinke 4 - Terry O 'Toole
5 - Dave Rockne 5 - Dave Rockne
POLICE CIVIL SERVICE COMMISSION (1 vacancy)
1 - Stan Von Bokern 1 - Stan Von Bokern
2 - Steve Johnson 2 - Al Du Bois
3 - Al Du Bois 3 - Don Mertz
4 - Don Mertz 4 - Steve Johnson
PARK & RECREATION ADVISORY BOARD (2 vacancies)
1 - Anne Seifert 1 - Anne Seifert
2 - Robert Tomczik* 2 - Robert Tomczik*
3 - Charles Herrgott 3 - Charles Herrgott
4 - Steve Johnson* 4 - Steve Johnson*
5 - Charles Brandmire 5 - Charles Brandmire
6 - Robert Green 6 - Robert Green
1z
COMMUNITY ACCESS CORPORATION BOARD OF DIRECTORS (5 vacancies)
1 - Larry Moonen* 1 - Larry Moonen*
2 - Bill Anderson 2 - Bill Anderson
3 - Bill Harrison 3 - James Bastyr
4 - James Bastyr 4 - Bill Harrison
5 - Lil Abeln 5 - Robert Green
6 - Robert Green 6 - Lil Abeln
Of Robert Green and Larry Moonen, the one selected should be the
same one which is appointed to the Cable Communications Advisory
Commission.
* Indicated Incumbents
JSC/tiv
vor RESOLUTION NO. 2206
A RESOLUTION SEriING FORTH CITY COUNCIL
PROCEDURAL POLICY ON APPOINTS TO
CITY BOARDS AND COMMISSIONS
•
WHEREAS, in accordance with the City Code, the Shakopee City Council
has the authority and obligation to appoint persons to the various City
Boards and commissions; and
WHEREAS, the City Council desires to establish a procedure for the
appointment of persons to the various City boards and commissions.
NOW, THEREFORE, BE IT RESOLVED, that the Shakopee City Council hereby
establishes the following procedure to appoint persons to the various City
111/ boards and commissions:
1. When an appointment is required, the City Administrator
shall notify the City Council as early as possible
before the appointment is put on the City Council agenda.
2. The City Council shall make an appointment to a City
board or commission only if the appointment appears
on the printed agenda of that meeting or if the appoint-
ment was tabled from a previous meeting.
3. The City Council shall follow Roberts Rules of Order,
Newly Revised, in making nominations for any appoint-
ment to be filled. Any Councilmember can nominate •
an individual and the nomination must be seconded by
another member. Each Councilmember who nominates a
person for an appointment should either pass out a
resume of that person to the other Councilmembers or
be able to recite some background information about
the nominee.
A motion to close nominations can be made and seconded
at any time after each Councilmember present has been
polled for a nomination. Once nominations are closed, no
further applications will be received and vote will be
-made at the next Council meeting.
4. After nominations have been closed, if there is more
than one person nominated for an appointment, the
City Clerk shall distribute paper upon which each
Councilmember shall write his preference for the
appointment and sign their name.
5. The Mayor shall open the paper ballots and announce how
the votes were .caste,
6. If the person receiving the most votes does not have
a majority vote of the Councilmembers present, then
there shall be a second paper vote between the top two
candidates. If the vote is a tie between the top two
candidates, there shall then be an additional paper
vote between the top two candidates.
I
z �
Resolution No. 2206 Page 2
7. After a candidate has received a majority vote on a
paper ballot, the Mayor shall annouce his or her
name and the fact that he or she has a majority vote.
At that time, a motion is in order to appoint that
person to the position. This motion shall be voted
on and if the person receives a majority, he or she
is then appointed.
8. All ballots shall be turned over to the City Clerk
and be properly filed.
9. Upon majority vote of the Councilmembers present, the
Council may waive the procedural policy on appoint-
ments to permit nominationsvoting and appointment
all to occur at the same Council meeting.
BE IT FURTHER RESOLVED that Resolutions 1562 and 1969 are hereby repealed
in their entirety.
Adopted in regular session of the City Council of the City of Shakopee,
Minnesota, held this 3rd day of January, 1984.
- f%
yor of the City of Shakopee
ATTEST:
(74
Ci ty ller
Approved as to form this
day of January, 1984.
• •
City Attorney
RESOLUTION NO. 3327
A RESOLUTION APPOINTING INDIVIDUALS
TO VARIOUS BOARDS AND COMMISSIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,
MINNESOTA, THAT THE FOLLOWING APPOINTMENTS ARE HEREBY MADE:
1] Joan Lynch and William Mars are appointed to the Planning
Commission and Board of Adjustments and Appeals for four year
terms ending January 31, 1995.
2] John Drees, Gail Mars and Joe Kelly are appointed to the
Energy & Transportation Committee for three year terms ending
January 31, 1994.
3] Robert Turek and Gene Juergens are appointed to the Housing
Advisory & Appeals Board and Building Code Board of
Adjustments and Appeals for three year terms ending January
31, 1994 .
4] Eldon Reinke is appointed to the Board of Review for 1991.
5] Lil Abeln and Bill Anderson are appointed to the Community
Access Corporation Board of Directors for the unexpired terms
ending January 31, 1992 .
6] Bill Harrison and James Bastyr are appointed to the Community
Access Corporation Board of Directors for the unexpired terms
ending January 31, 1993 .
7] Robert Ziegler is appointed to the Community Access
Corporation Board of Directors for a three year term ending
January 31, 1994 .
8] is appointed to the Community Access
Corporation Board of Directors and the Cable Communications
Advisory Commission for three year terms ending January 31,
1994 .
9] Cole Van Horn is appointed to the Ad Hoc Downtown Committee.
10] and are appointed
to the Community Development Commission for three year terms
ending January 31, 1994.
11] is appointed to the Shakopee Public
Utilties Commission for a three year term ending March 31,
1994 .
12] is appointed to the Shakopee Public
Utilities Commission for the unexpired term ending March 31,
1993 .
it'
13] is appointed to the Police Civil
Service Commission for a three year term ending January 31,
1994 .
14] and are appointed
to the Park and Recreation Advisory Board for three year terms
ending January 31, 1994 .
Adopted in Adjourned Regular Session of the City Council of
the City of Shakopee, Minnesota, held this 22nd day of January,
1991.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form.
City Attorney
CONSENT
1.3eL/
c:r4vMEMO TO: Dennis Kraft, City Administrator
FROM: Dave Hutton, Public Works Director
SUBJECT: Sidewalk Replacement Assessments
Project No. 1990-11
DATE: January 14 , 1991
INTRODUCTION:
Attached is Resolution No. 3345, a Resolution declaring the cost to
be assessed and setting a public hearing on the proposed
assessments for the Sidewalk Replacement Project.
BACKGROUND:
On September 4, 1990 the City Council of Shakopee ordered the
advertisement for bids for the Sidewalk Replacement Program. On
October 9, 1990 the contract was awarded for this project. This
project consisted of removing and replacing all defective sidewalks
located within Zone 4, which consists of the area south of 4th
Avenue and east of Lewis Street.
The project has been completed and all costs associated with this
project have been identified. As established by the current City
Ordinance, 50% of the project costs will be assessed back to the
effected property owners.
Prior to levying any assessments on this project, the City Council
is required to hold a public hearing on the proposed assessments.
Attached is Resolution No. 3345 which declares the cost to be
assessed and sets the date for the public hearing for February 19,
1991.
ALTERNATIVES:
1. Adopt Resolution No. 3345, which sets the date for the public
hearing for February 19, 1991.
2 . Adopt Resolution No. 3345 but set a different date for the
public hearing.
3 . Deny Resolution No. 3345.
RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Offer Resolution No. 3345, A Resolution Declaring the Cost to be
Assessed and Ordering the Preparation of Proposed Assessment for
the Sidewalk Replacement Program, Project No. 1990-11 and move its
adoption.
DH/pmp
MEM3345
13 or
RESOLUTION NO. 3345
A Resolution Declaring The Cost To Be Assessed And
Ordering The Preparation Of Proposed Assessments
Project No. 1990-11
For The Sidewalk Replacement Program
WHEREAS, a contract has been let for the improvement of: the
Sidewalk Replacement Program and the contract price for such
improvements is $23 , 850. 00, the construction contingency amounts to
$ -0- and the expenses incurred or to be incurred in the making of
such improvements amounts to $2, 182 .00 so that the total cost of
the improvements will be $26, 032 .00 and of this cost the City will
pay $13 , 016. 00 as its share of the cost.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA:
1. The cost of such improvement to be specially assessed is
hereby declared to be $13, 016.00.
2 . The City Clerk, with the assistance of the City Engineer
shall forthwith calculate the proper amount to be specially
assessed for such improvement against every assessable lot, piece
or parcel of land within the district affected, without regard to
cash valuation, as provided by law, and he/she shall file a copy of
such proposed assessment in his office for public inspection.
3. That the City Clerk shall, upon the completion of such
proposed assessment, notify the City Council thereof.
BE IT FURTHER RESOLVED:
1. That a hearing shall be held on the 19th day of
February 1991, in the Council Chambers of City Hall at 7 : 30
P.M. to pass upon such proposed assessments and at such time and
place all persons owning property affected by such improvements and
proposed assessments will be given an opportunity to be heard with
reference to such assessment.
2. That the City Clerk is hereby directed to cause a notice
of the hearing on the proposed assessment to be published once in
the official newspaper of the City of Shakopee at least two weeks
prior to the hearing and he/she shall state in the notice the total
cost of the improvements. He shall also cause mailed notice of
such hearing to be given the owner of each parcel described in the
assessment roll not less than two weeks prior to the hearing.
/3 41...-
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:
City Attorney
CONSENT
MEMO TO: Dennis R. Kraft , City Administrator
FROM: Judith S . Cox, City Clerk
RE: Premise Permit for Shakopee Eagles Aeries 4120
DATE: January 18 , 1991
INTRODUCTION AND BACKGROUND:
I have received a call from the Shakopee Eagles advising me
that they are preparing their application for the renewal of their
gambling license . Their current license expires March 31 , 1991 .
The attached Resolution No . 3346 approves the premises permit ,
which is required to accompany the application when submitted to
the Gambling Board. They will be delivering copies of the
application to me when they pick up an executed copy of the
resolution.
RECOMMENDED ACTION:
Offer Resolution No. 3346 , A Resolution of the City of
Shakopee , Minnesota, Approving A Premises Permit for _
Eagles Aerie 4120 Shakopee, and move its adoption.
RESOLUTION NO. 3356
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA,
APPROVING A PREMISES PERMIT FOR EAGLES AERIE 4120 SHAKOPEE
WHEREAS , the 1990 legislature adopted a law which requires
municipal approval in order for the Gambling control Board to issue
or renew a premises permit ; and
WHEREAS , Eagles Aerie 4120 Shakopee is seeking renewal of
their permit through March 31 , 1992 .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS :
That the premises permit for Eagles Aerie 4120, 220 West
Second Avenue , Shakopee , Minnesota , be approved.
Passed in Adj . Reg. Session of the City Council of the City of
SHakopee , Minnesota , held this 22nd day of January, 1991 .
Mayor
ATTEST :
City Clerk
Approved as to form:
City Attorney
I (icc)
iistoriu �� = vr�'s ian ing _ •
Minnesota Va11eg Restoration Project, Inc. �-=,.��. e ;n�;
2187 East Highmag 1014
- - a^
Shakopee, Minnesota 55379
(612) 445-6900 A Living Historg Museum of 1840-1890
January 17, 1991
Mr. Dennis Kraft
City Administrator
City Hall
129 East 1st Avenue
Shakopee, Minnesota 55379
Dear Dennis :
Enclosed is a memorandum presented to the Board of Trustees
of Minnesota Valley Restoration Project, Inc . , at their
regular meeting on Wednesday, January 16, 1991 .
The recommendation of the DNR Study Committee was adopted
by Motion, with an abstention by City Council
Representative, Bob Sweeney.
If you have any questions regarding this action, please
feel free to call .
Regards,
3Zaz/ ZMarje R. enderson
Executive Director
MRH:ab
Enclosures
cc : Barry Stock,
Assistant City Administrator
TO: MVRP Board of Trustees
FROM: Study Committee - Gary Scott, Michael Eischen, Bob
Gasch, Kathleen O ' Sullivan, Marge Henderson
DATE: January 9 , 1991
In evaluating both Murphy 's Landing proposal and the design
concept presented by the DNR for the Minnesota Valley Trail
Passing, the committee attempted to take an objective view
of all the issues involved. Recognizing that MVRP, Inc . , as
the organization contracted by the City of Shakopee and
charged with the prudent management of the Landing, has the
responsibility to explore all options for the community and
the common good. As long as we are not masters of this
resource, but only stewards, we also must use sensitive
judgement .
•
Although we all strongly support the trail system concept ,
we maintain that the DNR, in their proposal , had the
propensity to use selective vision.
The following is an outline of our concerns and comments :
SECURITY
1 . That the plan must meet minimum requirements of
total fencing with limited access and egress, as
evidenced by Valley Fair to the East , which is
currently totaIIy fenced.
2 . Without appropriate measures , the Landing is
subjected to:
a. Vandalism
b. Theft
c . Loss of revenue
d. Fire hazard
e . Questionable insurance protection and costs
f . Prohibitive manpower costs for 24 hour
protection
LAND AND MUSEUM STEWARDSHIP
1 . As the Minnesota River forms the natural northern
boundary of the site, and is a major resource for
the interpretation of the museum, we feel that the
trail system would compromise the historical
integrity of the site . (See attached research on
historic preservation. )
2. By removing the natural barrier of woodlands and
wetlands, the trail system would cause a major
disruption of the natural habitat for our abundant
wildlife .
3. To recognize that the original policies and mission
of MVRP, Inc . as stated in the Master Plan, contains
the following language :
a. To preserve the environment of both our American
Indian and Caucasian forbearers living in the
19th Century Minnesota River Valley;
b. To preserve the river front and lowlands as a
natural area, a scenic presentation of colonial
times , a habitat for wildlife, an ecological
study area for the student or naturalist ;
c . Landscape management of the historic area shall
strive to recreate the natural scene of the 1840
to 1890 period;
d. Landscape management of the natural areas shall
be controlled and minimal .
Taking all of the above factors into account, the committee
feels that this makes a case for a study to be made by the
DNR for re—routing the trail system from Memorial Park to
the frontage area of the Landing and following the fence
line to the Peavey property, for the following reasons :
1 . It could prove much more cost effective in a climate
of recession and taxpayers concerns .
2 . By reducing the berm, a natural security barrier is
provided for the Landing.
3 . By appropriate landscaping, using trees and
shrubberies, it could be visually attractive for the
Landing and it would beautify the highway approach
into Shakopee .
4. A precedent has already been set in many areas of
Minnesota where the trail systems border major
highways .
We recommend that the MVRP, Inc . Board of Trustees go on
record advocating the following action:
1 . Rejecting the current DNR proposal .
2 . Requesting the DNR to have a written assessment from
the Lower Minnesota River Watershed District and the
Corps of Engineers on the advisability of locating
the trail system along the river or the alternate
route on the south side of the Landing.
3 . Authorizing the MVRP, Inc . committee to make
personal contact with the newly appointed
Commissioner of the DNR, Rod Sando.
4. Requesting the DNR to conduct a study, with cost
analysis, on re—routing the trail system from
Memorial Park. then along the Landing frontage.
•
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MEMO TO: Dennis R. Kraft, City Admipistrator
FROM: Judith S. Cox, City Clerk ' ,C-
RE: Premise Permit for Knights of Columbus
DATE: January 22, 1991
INTRODUCTION & BACKGROUND:
I have received an application from the Shakopee Knights of
Columbus for a Premise Permit for 1760 East 4th Avenue. Their
current license will be expiring the 1st of April. They need to
submit their application to the Gambling Control Board 60 days
prior to expiration of the current license.
RECOMMENDED ACTION:
Offer Resolution No. 3357, A Resolution of the City of
Shakopee, Minnesota, Approving A Premise Permit for Knights of
Columbus Council #1685 Shakopee, and move its adoption.
JSC/tiv
e`'
FOR BOARD USE ONLY
FEE_
c c{
II rrTALS
1.0214 Minnesota
Minnesota Lawful Gambling
(9/5/904Premise Permit Application - Part 1
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La=Name
Organ o 'umbus Council #1685 Shakopee
1•(bs .I th AgVre on-Street or P.O Sox(Do not use address of gambling manager)
•
q - State Zp Code County Business phone numcer
aiakopee 55379 Scott )
Name of thief executive cf.icer(cannot be gamoling manager) Tide Business phone numoer
James Pufhal Grand Knight f
ss f CvefI xec.�ove cffscer-Street or P.O. Box
�yroLn .
City State Zp Code County
Shako,. - 55379 Scott
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Crass of Premise Permit
❑ Class A— Bingo, Raffles, Paddlewheels,Tipboards,Pull-tabs
CI Class B— Raffles, Paddlewheels,Tipbcards, Puil-tabs The class of premise permit
0 Class C— Bingo only must be reflected by class of
❑
the organization license.
Class D— Raffles only
Bingo Occasions
If class A or C. fill in days and beginning and ending hours of bingo occasions:
No more than sever.bingo occasions may be conducted by an organization per week.
Day Be nring/Endiag Hours Day Beginning/Ending Hour Day Beginning/Ending Hours
to to to
.to to to
to
•
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Status of Premise Permit - check o
O New premise—Fil in base organization premise permit number
O Renewal of existing premise permit—Fni in gcrrolete premise permit number
Previcusy expired premise permit— in r^piete premise permit number
oe-
LG214
• Minnesota Lawful Gambling
•Premise Permit Application - Part 2 -
•
Name of establishment where gambling will be conoucad Street Address(do not use a post office box number)
Knights of Columbus 31685 1760 E 4th Ave Shakopee Mn C537Q
Is the premises located within dry iiimits? yes 0 no
City and County where gambling premises is located OR Township and County where gambling premises is located if outside of dry limits
Shakopee Scott
Name and Address of Legal Owner of Premises City State Zp Code
Same as Above
Does the organization own the budding where the gambling wile be conducted?"3,YES 0 NO
NOTE Organizations may not pay themselves rant if they own the building or have a holding company. A letter must be sub-
mitted showing rent payments as zero from gambling funds if the organization's holding company owns the premises. The
letter must be signed by the chief executive officer.)
If NO, attach the following:
• a copy of the lease with terms for one year.
' a copy of a sketch of the floor plan with dimensions, showing what portion is being leased.
A lease and sketch are not required for Class 0 appficantions.
Rent:
For gambling with bingo $ Total square footage leased
For gambling without bingo $ Total square footage leased
Address of storage space at gambling equipment
Address .City State Zip code
1760 B 4th Ave ,Shakopee rn C.5379
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(eacn permitted gamarrng promises must have a separate cnecxtng accaunrj
Bank Name Bank Account Number
Marquette Bank 02 088 8
Bank Address City State Zp Cooe
129 S Holmes St Shakopee r:n 55379
Name,address,and WO of perscrrs authorized io sign antics and make daposrts and withdrawal's.
NameAddress Tide
•
James Fufhal ,545 Tyrol Ln , Shakopee , Mn, 55379 Gnand KniFh+
Leo Fink - - 14555 Tyrol Ln, Shakopee, Mn, 55379 Gamblin?' Manger.
its
• LG214
. Minnesota Lawful Gambling .
Premise Permit Application - Part 3
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Gambling Site Authorization
I hearty consent that local law enforcement oificars,the board or agents cf the board,or the commissioner of revenue cr
public safety,or agents of the commissioners, may enter the premises to enforce the law.
Bank Records Information
The board is authorized to inspect the bank retards of the gambling account whenever necessary to fulfill
requirements of current gambling rules and law.
I declare that:
I have read this application and all information submitted to the board;
All information is true, accurate and complete;
All other required information has been fully disdosed;
I am the chief executive officer of the organization,
I assume full responsibility for the fair and lawful gambling and rules of the board and agree, if licensed,
to abide by those laws and rules, including amendments to them;
A membership list of the organization will be available within seven days after it is requested by the board;
Any changes in application information will be submitted to the board and local government within 10
days of the change; and
A termination plan will be submitted to the board within 15 days of the termination of ail premise permits.
Failure to provide required information or providing false information may result in the denial or revocation of the
f license.
Signature of atief executive atfioerK 2� Oars
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1. The city 'must sign if the gambling premises is located within city limits.
2. The county"AND township'•must sign if the gambling premises is located within a township. .
. 3. The local government (city or county)must pass a resolution specifically approving or denying the application.
4. A copy of the resolution approving the application must be attached to the application.
5. Applications which are denied by the local governing body should not be submitted to the Gambling Control Division.
Township: By signature below,the township acknowledges that the organization is applying for a premises permit within
township limits.
C;ty•or County" CITY Township'•
Cry or County Name 'Townsrsip Name
Shakopee
Sign of person ivin ppiication IS+grsature of person receiving application
J f
Tide Date Received Tide Date Received
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Re ar to the Instructions for the required attachn•,ants Mail to: Department cf Gaming
Gamoiir.g Control Division
Rosewood Plaza South,3rd Foor
1711 W. Count' Rcad 3
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RESOLUTION NO. 3357
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING
A PREMISE PERMIT FOR KNIGHTS OF COLUMBUS COUNCIL #1685 SHAKOPEE
WHEREAS, the 1990 legislature adopted a law which requires
municipal approval in order for the Gambling Control Board to issue
or renew a premise permit; and
WHEREAS, Knights of Columbus Council #1685 Shakopee is seeking
renewal of their permit through April 1, 1992 ;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, AS FOLLOWS:
That the premise permit for Knights of Columbus Council #1685
Shakopee, 1760 East 4th Avenue, Shakopee, Minnesota, be approved.
Passed in Adjourned Regular Session of the City Council of the
City of Shakopee, Minnesota, held this 22nd day of January, 1991.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
/ %_�
SCOTT COUNTY, MINNESOTA
REQUEST FOR BOARD ACTION
agenda # _'-)
Board Date: January 22 , 1991 * Originating Dept:
Flexibility: NO * County Attorney
ITEM: (Service/Subject) * Presenter:
Attorney-Assessor/Agricultural *Assistant County Attorney
Taxation * Estimated Time :
* 5 Min
BOARD ACTION REQUESTED:
Approve proposed amendments to various statutes pertaining to
agricultural property taxation and forward the proposal to legislators/
lobbyists for review and action.
BACKGROUND:
The proposed amendments to the Green Acres Law, Minn. Stat. 5273 . 111 , would
increase the required minimum production income to qualify for a green acres
classification and accomodate the inclusion of a newly created Class 2c
property under Minn. Stat. 5273 . 13, Subd. 23 for green acres consideration.
Woodlands , wastelands , slough areas and unusable wildland would no longer be
considered "agricultural" land as contemplated under Class 2a, nor Class 2b
property which contemplates managed forestland utilized for timber , lumber
or other wood products. Class 2c property, while eligible for green acres
classification if under the same ownership and management of eligible
agricultural land, would not otherwise be eligible for green acres
classification. The tax implications of holding Class 2c land would be
dependent upon the tax capacity applied to the property. A low tax capacity
would obviously encourage holding such property, a higher tax capacity would
discourage such activity. It would still be the responsibility of the
Assessor' s Office to identify Class 2c property as opposed to agricultural
or residential property. That property clearly not used for agricultural
purposes could be included as Class 2 (c) if it had rural character.
However, if it did not, and again it was not used for agricultural
endeavors, it would be considered residential if a part of an otherwise
residential parcel.
Supporting Documents?
Attached: X None:
Signature/Date * Distribution/Date * Consent Agenda?
47:1447
��� "11-91 * County Assessor 1/17/91*
* Yes X No
ADMINISTRATORS COMMENTS: r/j
1 i N
.5+"f -
Signatur /
E1e`%i ' _/7 - y/
* Distri i /P.,i'lingInstructions
B * /
D Approved: * ' _ '
Denied: * .
A Tabled: *
C Other: *
T *
I *
O Rec Sec: *
N Date: *
*
RBA NO: *
Minn. Stat. 5273 . 111
Agricultural Property Tax - (Minnesota Agricultural Property Tax
Law - Green Acres)
Subd. 6. Real property shall be considered to be in
agricultural use provided that annually: ( 1) at least 33 1/3% of
the total family income of the owner is derived therefrom, or
the total production income including rental from the property
is $399-99 $1 , 000. 00 plus +O. 69 $25. 00 per tillable acre;
and (2) it is devoted to the pro uc3—coon for sale of livestock,
dairy animals, dairy products, poultry and poultry products, fur
bearing animals , horticultural and nursery stock which is under
Sections 18 .44 through 18 . 61, fruit of all kinds, vegetables ,
forage, grains, bees and apiary products by the owner.
elee07-wastelaadr-ane}-wase}lane}-eentigttet:s-te-er-aerreiirreled-by
lane-deeribee3-in-st:bdivisien-3-shah-be-eeneie eree}-to-be-tn
agrietsltttral-use Class 2 (c) property classified under Section
273 . 13, Subd. 23 shall be considered eligible under subdivision
3 if under the same ownership and management.
The above-noted amendments remove land of non-agricultural
status from consideration within the green acres provision as
Class 2b agricultural land, but include such lands as Class 2 (c)
lands, and increases the minimum production income required from
the property for eligibility.
Minn. Stat. 5273 .13, Subd. 23 (a)
(a) Class 2a property is agricultural land including any
improvements that is homesteaded. The market value of the house and
garage and immediately surrounding one acre of land that does not
exceed $65 ,000 has a net tax capacity of . 805 percent of market value
and a gross tax capacity of 1 . 75 percent of market value. The excess
market value over $65 ,000 has a tax capacity of 2 . 2 percent. If the
market value of the house, garage, and surrounding one acre of land
is less than $65 ,000, the value of the remaining land including
improvements equal to the difference between $65, 000 and the market
value of the house, garage, and surrounding one acre of land has a
net tax capacity of 1 . 12 percent of market value and a gross tax
capacity of 1 .75 percent of market value of the first 320 acres of
land and the remaining value over 320 acres has a net tax capacity of
1 . 295 percent of market value and a gross tax capacity of 1 .75
percent of market value. The remaining value of class 2a property
over the $65 ,000 market value that does not exceed 320 ares has a net
tax capacity of 1 .44 percent of market value and a gross tax capacity
of 2 . 25 rercent of market value. The reamining property over the
$65 ,000 market value in excess of 320 acres has a net tax capacity of
1 .665 percent of market value and a gross tax capacity of 2.25
percent of market value.
(b) Class 2b property is (1) real estate, rural in character and
used exclusively for growing trees for timber, lumber, and wood and
wood products through the utilization of generally accepted forestry
management techniciues designed to promote and enhance growth; and (2)
real estate that is non-homestead agricultural land. Class 2b
property has a net tax capacity of 1 .665 percent of market value and
a gross tax capacity of 2. 25 percent of market value.
(c) Agricultural land as used in this section means continuous
acreage of ten acres or more, the primarily and principal use of
which rued during the preceding year was for agricultural
purposes . Agricultural use may include pasture, the growing of trees
for timber, lumber and wood and wood products in accordance with
Section (b) above, waster-unu able-wild-laaa,- and land included in
federal farm programs.
Minn. Stat. 5273. 13, Subd. 23 (f) •
Class 2 (c) property is real estate, rural in character, not utilized
bythe owner for specifically identifiable agricultural purposes or
fr the growing of trees for timber, lumber, and wood or wood
products purposes through the utilization of generally accepted
forestry management techniques designed to promote and enhance
growth, and includes slough, wasteland, and woodlands contiguous to
or surrounded by Class 2 (a) or (b) agricultural lands. Class 2 (c)
property has a net tax capacity of percent of market value and a
gross tax capacity of percent of market value.