HomeMy WebLinkAbout05/07/1991 MEMO TO: Honorable Mayor and City Council
FROM: Dennis R. Kraft, City Administrator
RE: Non-Agenda Informational Items
DATE: May 3, 1991
1. Attached is a letter from Mike Kazma, Vice President Amzak
Cable regarding their quarterly report ending March 24, 1991.
2 . Attached is a memorandum from Marilyn Remer regarding a
reminder to City Council of their PERA options.
3 . Attached are the unapproved March 20, 1991 minutes of the
Downtown Ad Hoc Committee.
4. Attached is the Downtown Agenda for May 8, 1991.
5. Attached are the April 4, 1991 minutes of the Board of
Adjustment and Appeals meeting.
6. Attached are the April 4, 1991 minutes of the Planning
Commission meeting.
7. Attached is the Building Activity Report for April.
8. Attached is the May Business Update from City Hall.
9. Attached are the unapproved April 29, 1991 minutes of the
Cable Communications Commission.
10. Attached are the unapproved April 29, 1991 minutes of the
Community Access Corporation.
11. On April 27, 1991 the annual clean-up program was conducted.
Resident participation was heavier than expected. On May 21,
1991 Barry Stock will have a complete summary of program
costs.
12. Attached is the Police Newsletter for Council review.
"() AMZAK CABLE, MIDWEST, INC. (612)445-6151
137 - First Ave. E. • Shakopee, MN 55379
Barry Stock
Shakopee City Hall
129 East First Ave
Shakopee, MN 55379
MAY _ 1 499
April 30, 1991 SHAKOPE�
CITY OF
Dear Barry,
Enclosed is a copy of the quarterly report ending March 24,
1991 . Basic subscribers were up almost 200 due to a
successful door to door promotion. Pay subscriptions were
a little lower which is actually an improvement over current
quarters .
Equipment has arrived for adding the Prime Sports Network
and it should be on the air sometime in June. The pay per
view part of our business is booming due to the North Stars
and the boxing matches .
Management sees no change in any of our rates over the next
three months .
If you need further information please feel free to call me.
Best Regards,
!/ l.e/ X12
Mike Kazma
Vice President
/
f(*) AMZAK CABLE, MIDWEST, INC. (612)445-6151
137 - First Ave. E. • Shakopee, MN 55379
SHAKOPEE-- QUARTERLY REPORT
System Information
Dec 24, 1990 March 24, 1991
1) Homes Passed 4,220 4,220
2) Total Subscribers 1, 815 2, 010
3) Pentration 43 .0% 47. 6%
4) Premium Units 1, 015 1, 001
a) HBO 386 369
b) Showtime 177 162
c) Disney 113 139
d) Cinemax 203 192
e) The Movie Channel 136 139
5) No. of add. outlets 376 394
Memo To: Honorable Mayor & Council Members
From: Marilyn Remer, Personnel Coordinator
Re: Reminder of City Council PERA Options
Date: April 29, 1991
The following information was sent to Council members in June 1990 .
At this time I would like to remind members that they have until
June 30, 1991 to join DCP if they so desire.
Memo of June 26, 1990
The 1990 Minnesota Legislature expanded the Public Employees
Defined Contribution Plan (DCP) to allow local elected
officials to participate in this plan. The DCP is exclusively
for elected officials and basic and advanced life support
emergency medical service personnel . Officials who enroll in
the Defined Contribution plan will contribute 5 percent of
subsequent earning and their employer will contribute an
identical amount. DCP participants may also pay past
contributions on uncovered elective service. If the
participant chooses to pay these past contributions, the
participant ' s employer will be obligated to the pay the
corresponding employer contribution applicable, with interest.
The law allows current elected officials presently
participating in the PERA defined benefit plan to terminate
that participation and instead participate in the defined
contribution plan. That determination must be made between
July 1, 1990 and June 30, 1991.
Participants are paid the actual value of their accounts (both
their contribution and the City' s contribution) at the time
service ends. This differs from the current PERA Coordinating
Plan in which the participant must have three years of service
at the time service ends and the participant is entitled to
withdraw only the portion the participant contributed, plus
interest, not the employer' s contribution.
KEY POINTS
A. Payments for past contributions to the DCP must be
made at the salary and contribution rates in effect
at the time of the service rendered. The interest
rate applied to these rates is six percent
compounded annually.
B. Members who transfer out of the Defined Benefit
Plan must enroll in the Defined Contribution Plan.
If they took a refund, however, they are not
required to deposit those funds in the DCP.
C. Members may pay past contributions to the Defined
1-
Contribution
Contribution Plan in installment payments.
E. Governmental subdivision employers must pay past
contributions for members choosing to participate
in the DCP. Their payments include the employer
contribution, additional employer contribution and
interest at six percent compounded annually for
salary during the prior service.
F. Unlike PERA' s Coordinated Plan, for elected
officials who have chosen to participate,
contributions are taken regardless of earnings.
Participants need not earn more than $425 per month
in order to participate in the DCP.
Anyone who wishes to participant or make a change from the
current plan, please contact me for the appropriate forms.
Note: No option is available for PERA members who were
previously elected but now are contributing on non-elected
service.
• Elected officals who
are presently
members of PERA 's
Coordinated or Basic
plan for their elected
service have until
6-30-91 to join DCP .
Note: Enrollment in DCP
terminates the Basic or
Coordinated membership.
3 .
Minutes of the Downtown Ad Hoc Committee
City Council Chambers
March 20, 1991
Chairperson Keen called the meeting to order at 7 : 50 A.M. with
Commissioners D. Wermerskirchen, Kahleck, Keen, VanHorn, B.
Wermerskirchen and Phillips present. Commissioner Fonder was
absent. Barry Stock, Assistant City Administrator and Lindberg
Ekola, City Planner were also present.
B. Wermerskirchen/D. Wermerskirchen moved to approve the minutes of
the February 13 , 1991 meeting as kept. Motion carried unanimously.
Chairman Keen asked if there were any nominations for the
chairperson position. Commissioner B. Wermerskirchen questioned if
anyone objected to having the same officers hold their positions
for another year. There were no objections. Chairperson Keen
asked if there were any other nominations other than the existing
officers. Nominations included with Mary Keen as Chair, Bill
Wermerskirchen as Vice-chair and Duane Wermerskirchen as 2nd Vice-
chair. There were no other nominations. B.
Wermerskirchen/Phillips moved a white ballot for Mary Keen to serve
as Chairperson, Bill Wermerskirchen to serve as Vice-chairperson
and Duane Wermerskirchen to serve as 2nd Vice-chairperson. Motion
carried unanimously.
Mr. Stock stated that at the last meeting the Downtown Committee
discussed updating the Revitalization Plan. The discussion came up
in conjunction with an evaluation of the need for additional
parking in the downtown as a result of the two parking lots that
will be occupied during the mini bypass construction. Mr. Stock
stated that the Downtown Revitalization Plan was completed in 1984 .
He also stated that the unapproved Comprehensive Plan establishes
updating the Revitalization Plan as a objective to be completed in
either 1991 or 1992 . Mr. Stock then reviewed a list of work tasks
that he developed based on the comments received from the
Commissioners at their last meeting. Mr. B. Wermerskirchen stated
that in the 1984 Revitalization Plan the railroad bisecting the
downtown area was identified as a constraint. He stated that he
has heard nothing but positive comments on how the railroad has
been cleaned up in conjunction with the Phase I Redevelopment
Project. Mr. Stock noted that the main difference between the 1984
mini bypass design and the final design is that the current design
provides for a new bridge at Lewis Street. The 1984 plan included
redeveloping the existing bridge.
Discussion ensued on the three critical entry points that will be
created when the downtown mini bypass is completed. Mr. D.
Wermerskirchen stated that he felt that a clock tower would
certainly improve the entrance into the downtown area.
Minutes of the Page - 2
Downtown Ad Hoc Committee March 20, 1991
Commissioner VanHorn stated that the development of a bell tower or
clock tower would focus people' s attention away from the rear sides
of the buildings on First Ave.
Chairman Keen questioned what the cost estimate for the study was.
Mr. Stock stated that the cost estimate to complete the study
ranged between $25, 000 and $30, 000. Discussion ensued on the
funding source for the study. It was the consensus of the
Committee that the funds generated from the sale of the City
parking lots should be allocated toward improving the downtown
area. It was the consensus of the Committee that this would be a
viable source for the funding for the study.
Discussion ensued on the rear sides of the buildings located on
First Ave. Mr. Stock noted that the Herrgott building on the west
side of the City Hall block would be demolished in conjunction with
the mini bypass. Mr. B. Wermerskirchen stated that this would
certainly improve the rear sides of the buildings on First Ave.
Mr. Wermerskirchen went on to state that he felt the rear sides of
the buildings on First Ave. that will remain do have some historic
and visual integrity. Commissioner VanHorn concurred and stated
that if the stairways and railings were repaired, the buildings
wouldn't be that bad. Discussion ensued on other methods to shield
the rear sides of the buildings from the mini bypass. Commissioner
D. Wermerskirchen questioned whether or not trees or shrubs could
be planted between the alleyway and the mini bypass to serve as a
screen. Mr. Stock stated that he did not know if there was enough
room between the alley and the roadway for planting.
Discussion ensued on the improvement of Huber Park. Mr. B.
Wermerskirchen stated that this area is in the flood plain and that
minimal amounts of improvements could be made to the property. Mr.
Stock stated that the boat landing could probably be enhanced in
such a fashion to protect it from flood damage. Commissioner
VanHorn questioned what the City's plans were in terms of filling
Huber Park. Mr. Stock stated that at one point in time it was the
intention of the City to extend Levy Dr. to connect with Bluff Ave.
He felt that this was the rational for filling the park over the
past five years. Mr. Stock stated that he did not know if that was
indeed the City' s desired course of action in the future.
It was the consensus of the Committee that the work tasks
identified are important and should be evaluated by an outside
consultant in an effort to develop a work program for improving the
downtown area. Mr. B. Wermerskirchen stated that if a plan is
completed within the next year, it will be likely another two years
before any specific improvements are made as a result of the
Downtown Revitalization Plan update. Mr. B. Wermerskirchen stated
that he did feel it was important to proceed at this time in order
to have a plan that coincides with the completion of the mini
bypass.
3
Minutes of the Page - 3
Downtown Ad Hoc Committee March 20, 1991
Kahleck/B. Wermerskirchen moved to recommend to the Community
Development Commission that the appropriate City officials be
authorized to solicit proposals for updating the Downtown
Revitalization Plan. Motion carried unanimously.
Mr. Stock noted that in conjunction with the completion of the
downtown mini bypass MN DOT will be working in cooperation with
Shakopee Public Utility Commission to relocate and underground
overhead utilities within the bypass construction area. Mr. Stock
stated that the City has received a correspondence from Mr. Lou
VanHout questioning whether or not it would be appropriate at this
time to discuss other undergrounding of overhead utility lines in
the downtown area. Mr. Stock noted that when Phase I of the
Downtown Revitalization Plan was completed that conduit was
installed in Sommerville St. , from First Ave. to Third Ave. and in
each of the streets/alley intersections. It was the intention of
the Downtown Committee and City Council at that time that it would
be in the best interest of the community to underground the utility
lines in the downtown area from both an aesthetic and operation
standpoint. The underground conduit installed in Phase I also made
it possible for the City to pursue future undergrounding without
having to upset the newly constructed streets. Mr. Stock noted
that the City absorbed the entire cost of the conduit that was
installed in the Phase I project area. The cost equated to
approximately $80, 000.
Mr. Stock noted that if indeed the undergrounding of overhead
utility lines occurs, it will also be necessary to upgrade certain
alleys. Mr. Stock stated that the alleys are in terrible shape at
this time. The approximate cost to reconstruct an alley has been
estimated at $6, 000. If the assessment is applied to all
properties within a block for the alley improvement it would equate
to approximately 6. 6¢ per square foot. Mr. Stock stated that
property owners would also be responsible for the utility service
line connection to their business establishment if undergrounding
occurs. The cost estimate for undergrounding the service line
would vary depending on the distance of the business from the
utility manhole. Staff estimates for service line costs range
between $1, 500 and $3 , 000 per business.
Commissioner B. Wermerskirchen stated that he felt that the
overhead utility lines in the downtown area were a tremendous
eyesore and that it would seem appropriate to pursue undergrounding
if the Shakopee Public Utility Commission is interested in a cost
share arrangement. Commissioner B. Wermerskirchen questioned
whether or not the railroad telegraph lines could also be removed.
Mr. Stock stated that City staff has been in contact with the
railroad officials in the past and that they have expressed
interest in removing the telegraph lines at some point in time. If
the City pursues undergrounding of the overhead utility lines in
Minutes of the Page - 4
Downtown Ad Hoc Committee March 20, 1991
the downtown area, Mr. Stock stated that he felt additional
pressure could be placed on the railroad to urge them to pursue
undergrounding at this time.
Commissioner D. Wermerskirchen stated that he felt the property
owners along First Ave. might object to the cost of undergrounding
the utility lines since they will also be hit with an assessment
when Phase I of the Downtown Redevelopment Project is completed.
He did personally however see a benefit to having the overhead
utility lines undergrounded and the alleys reconstructed.
Commissioner VanHorn stated that he thought the decision was fairly
obvious. He felt that undergrounding of the lines and
reconstruction of the alleys went without saying. Commissioner
Wermerskirchen stated that before a decision could be made on this
issue, he would like to see more information in terms of the cost
projections for undergrounding the overhead lines in the alleys, as
well as the individual service line cost estimates.
D. Wermerskirchen/Kahleck moved to recommend to the Community
Development Commission that the appropriate City officials be
directed to meet with the Shakopee Public Utility Commission
officials to generate further cost estimates on undergrounding the
overhead utility lines in the downtown area, reconstruction the
alleys and potential cost share arrangements. Motion carried
unanimously.
Mr. Stock stated that he has completed an inventory of those
businesses that will be relocated as a result of the mini bypass.
It was the consensus of the Commission to approach the businesses
that will be relocated, offering any technical assistance that we
can in terms of helping them find alternative retail space in the
downtown area. Mr. Stock noted that the majority of the property
owners have been notified that their property will be acquired for
right-of-way purposes.
Commissioner Keen adjourned the meeting at 9 : 00 A.M.
Barry A. Stock, Recording Secretary
TENTATIVE AGENDA
Downtown Ad Hoc Committee
City Hall Council Chambers
May 8, 1991
Chairperson Keen Presiding
1. Call to Order at 7: 45 A.M.
2 . Approval of Agenda
3 . Approval of Minutes - March 20, 1991
4 . Downtown Revitalization Plan - Verbal Status Report
5. Undergrounding Downtown Utilities - Verbal Status Report
6. Review of 1991 Work Plan
7 . Information Items:
a. Business Update from City Hall
b.
c.
d.
e.
8 . Other Business
a. Next meeting - June 12 , 1991
b.
c.
9 . Adjourn
Barry A. Stock
Administrative Assistant
CITY OF SHAKOPEE
IF YOU ARE UNABLE TO ATTEND THE MEETING
PLEASE CALL BARRY OR AGGIE AT 445-3650 TO LET THEM KNOW
BOARD OF ADJUSTMENTS AND APPEALS
SHAKOPEE, MINNESOTA
REGULAR SESSION April 4, 1991
MEMBERS PRESENT: Joos, Kahleck, Mars, Spurrier, Allen,
Lynch, Christensen
MEMBERS PRESENT: All present
MEMBERS ABSENT: None
OTHERS PRESENT: Dave Hutton, Public Works; Lindberg
Ekola, Planner; Karen Marty, City
Attorney; Sharon Storholm, Secretary
I. ROLL CALL
Chairperson Joos called the meeting to order at 7 : 30 P.M.
Roll call was taken as noted above.
II APPROVAL OF AGENDA
Joos noted that the name of the chairperson should be changed
to reflect the results of the election of officers.
Ekola added item under "Other Business" - Shakopee Showcase.
III APPROVAL OF MARCH 7 MEETING MINUTES
Minutes were approved as submitted.
IV RECOGNITION OF INTERESTED CITIZENS
Chairperson Joos asked if there was anyone present in the
audience who wished to speak on any item not on the agenda.
There was no response.
V OTHER BUSINESS
A. Shakopee Showcase
Ekola noted that the Shakopee Showcase would be held Monday,
April 15, from 6: 30 to 8 :30 P.M.
VI ADJOURNMENT
MOTION: Allen moved that the Board adjourn. Christensen
seconded the motion and it passed unanimously.
Meeting adjourned at 7: 35 P.M.
PLANNING COMMISSION
SHAKOPEE, MINNESOTA
REGULAR SESSION April 4 , 1991
MEMBERS PRESENT: Joos, Kahleck, Mars, Spurrier, Allen, Lynch,
Christensen
MEMBERS ABSENT: None
OTHERS PRESENT: Dave Hutton, Public Works; Lindberg Ekola,
Planner; Karen Marty, Attorney; Sharon
Storholm, Secretary
I. ROLL CALL
Roll call was taken as noted above.
II . APPROVAL OF AGENDA
Agenda approved as submitted
III APPROVAL OF MINUTES OF MARCH 7 , 1991
Mars noted that on page 8, paragraph 4 , the word should be
"buy" .
Agenda approved as amended.
IV RECOGNITION OF INTERESTED CITIZENS
Chairperson Kahleck asked if anyone was present in the
audience who wished to speak on any item not on the agenda.
There was no response.
V. PRESENTATION: ATHLETIC COMMITTEE REPORT
Ekola noted that Jim Stillman had requested to appear before
the Commission.
Stillman, 1018 Clay Street, came forward and said that he was
the co-chair of the Athletic Committee. He had appeared last
month and had submitted concept drawings of the area under
consideration for the interim ordinance. He noted that the
area has potential for public facilities as the City
grows. The school presently needs more land, although at
present it is not in a position to purchase it. He is asking
that the Planning Commission request the Council to appoint a
task force to study the concept.
Minutes of the Page - 2
Shakopee Planning Commission April 4, 1991
Ekola suggested that he and the City Engineer could assist the
Committee along with Barry Stock, the Assistant City
Administrator.
Kahleck and Spurrier felt that direction for appointments
should be sought from the Council .
Joos felt that the Commission was adding things to their
job - the Commission is to decide on roads, etc.
Mars suggested the establishment of a subcommittee to analyze
if the land should be purchased and make a recommendation. The
roads may not be done for another year.
Lynch felt that consideration should be given as to what
acreage would be appropriate - maybe the entire parcel is not
needed. The roads are for the City to determine.
Ekola said that staff is working on a study for two collector
streets and a drainage ditch. It will be brought back to the
Planning Commission when complete for their review and
recommendation to Council .
MOTION: Lynch moved that the Commission recommend to the City
Council that a committee be established with representation
from the CDC, Park Advisory Board, Planning Commission, City
Council and the School District to analyze the potential for
acquiring the entire parcel occupied by the moratorium
area. Christensen seconded the motion.
Mars offered a friendly amendment to add a representative from
the school board and City financial person. Allen seconded
the motion. Vote was 5-2 against. Motion amendment failed.
Spurrier felt that interaction of the County Social Services
and the school was important.
Joos felt that when too many people were added, the committee
becomes less focused.
VI. CONTINUED PUBLIC HEARING ON CONDITIONAL USE PERMIT 608 - ONE
WAY SWEEPING
Kahleck reopened the continued public hearing.
Ekola noted the maps and sheets displayed on the walls as well
as the dates indicated in the memo that outline actions taken
by City and responses/non-responses from applicant. At this
time he is recommending that the Commission pass a motion
continuing the public hearing to May, 1991 meeting. At this
time there is information missing regarding the surrounding
4
Minutes of the Page - 3
Shakopee Planning Commission April 4, 1991
land use and zoning as well as information on grades,
elevations and berms. It has been difficult to get the
applicant to submit this information. The proposed sweepings
storage area is located in a NSP easement.
Lynch asked if the applicant had ignored the Scott County
Health Department notification of October 8 , 1990.
Ekola answered no, but there has been slow submittal of
information.
Lynch noted that there has been no positive moves to clean up
the area in six months.
Ekola noted that the applicant has submitted some information
and drawings.
Christensen said much time is spent discussing these matters
and making decisions and conditions, but there is no one to
enforce the decisions and conditions. What is the applicants
responsibility? Who will see if the conditions are complied
with if this is granted? She felt a stand should be taken.
Kahleck noted that Scott County has been dealing with the
issue of cleaning up the area, not the Commission. The City
has only been involved since December. She added that this
request could be denied, but then a business would be closed
and force people out of work. Possibly it could be put off for
another month with no more extensions.
Christensen said that if this CUP is granted, then the
Commission is responsible to see the conditions are adhered
to.
Kahleck felt that it should be understood that the
administration and enforcement of conditions would be a large
part of the Assistant City Planner position.
Spurrier said that every city has difficulty disposing of
street sweepings (oil and debris) . This site is on sandy soil
and the oil leaches through to the water table. It should be
on clay soil . He is ready to take action this evening and
felt the use was incompatible in this location and that it is
not an appropriate use.
Karen Miller of 9075 Boiling Springs Lane came forward and
said that she has signed complaints on the applicant ' s use of
the site. The residents in the area all have on site wells.
Joos felt that the Commission should hear from the applicant
before the public hearing is closed.
Minutes of the Page - 4
Shakopee Planning Commission April 4, 1991
MOTION: Spurrier moved that the Commission deny resolution 608
because the site is unsuitable for the use and incompatible
with the adjacent residential land and water wells. The
applicant has not submitted necessary information in a timely
manner to refute objections. * Vote below.
Spurrier assured the Commission that the site was on sandy
soil .
Ekola said that he had sent a report to the applicant and the
applicant had asked if he should attend this meeting. Ekola
had told him that he would recommend the hearing be
continued. The applicant may have been here if he thought it
could be denied.
Lynch and Christensen felt that the Commission should be
concerned about disposal of waste also - not just Scott
County.
Allen felt that the applicant deserves a hearing.
Ekola said he had given the applicant the understanding that
it would be continued.
* Vote on Motion: Motion failed 5-2 .
MOTION: Allen moved that action on the request be tabled and
the public hearing be reopened at the May meeting when
additional information is secured. Joos seconded the motion
and added that the applicant should be made clearly aware that
he should attend the meeting. Passed unanimously.
MOTION: Christensen moved that the Commission direct staff to
initiate enforcement actions if the required information is
not submitted to staff by April 15, 1991. Lynch seconded the
motion. Motion passed unanimously.
VII . PUBLIC HEARING ON PRELIMINARY PLAT - HARRY WEINANDT
Kahleck opened the public hearing.
Ekola noted that Mr. Weinandt had submitted an application for
the preliminary plat for Weinandt Acres 2nd Addition. The
proposed subdivision is located at the southwest corner of
County Roads 17 and 42 . The proposed subdivision is zoned
rural residential . The proposal will subdivide 71. 03 acres
into 24 lots and 6.83 acres of public right-of-way. The lots
range in size from 2 . 5 acres to 3 . 9 acres. The granting of
preliminary approval gives the applicant the right to final
plat and record the subdivision plat as proposed. He noted
L
Minutes of the Page - 5
Shakopee Planning Commission April 4, 1991
that there is a wetland area in the southeast corner of the
proposed subdivision and the proposed street is indicated in
this area. Staff has concerns with the construction of this
street in this area. The preliminary plat and grading plans
are displayed on the board.
Harry Weinandt, of 1259 Maxine Circle, came forward and said
it has been ten years since the last subdivision was
platted. He said much has changed since that time. He had a
question if preliminary approval would give the applicant the
right to final plat and record the subdivision as proposed.
Marty answered that when land is preliminary platted, the
owner can assume that the final plat will be granted.
Ekola noted that the applicant would have the right to develop
that property as shown on the preliminary plat.
Weinandt noted that the road construction in the peat area
would be the decision of the DNR. He explained how the
original plat was done ten years ago and said he will abide by
the requirements of the Commission. He noted that denial was
recommended for the six reasons listed in the
recommendations .
Ekola noted that he did not know if the street could be
constructed yet, and so was recommending a continuance.
MOTION: Christensen moved that the Commission continue the
public hearing for Weinandt Acres 2nd Addition to the May
meeting. Lynch seconded the motion and it passed unanimously.
VIII. PUBLIC HEARING ON CONDITIONAL USE PERMIT 376 - SCOTT COUNTY
LUMBER
Kahleck opened the public hearing.
Ekola noted that the applicant has submitted an application to
amend and renew CUP 376. Because the application was
submitted after the time frame for filing the required public
notices, staff is recommending the hearing be continued to the
May, 1991 meeting to allow for a legal public hearing. At the
May meeting, the amendment will be considered first. This is
to allow the hours of operation to be extended and to allow
installation of security lights on the premises. Staff
recommends continuation of the public hearing until the May
meeting.
MOTION: Spurrier moved that the Commission continue the public
hearing for CUP 376 until the May, 1991 meeting. Lynch
seconded the motion and it passed unanimously.
Minutes of the Page - 6
Shakopee Planning Commission April 4, 1991
IX. PUBLIC HEARING ON CONDITIONAL USE PERMIT 375 - J. L. SHIELY
Chairperson Kahleck opened the public hearing.
Ekola noted that the applicant has applied to renew the CUP
375 with an amendment regarding overburden which has been
stockpiled on the western portion of the site. A continuance
to May, 1991 has been recommended by staff to allow for the
proper public notices. At that meeting, the amendment will be
considered first. The canceled tour of the site needs to be
rescheduled at this meeting. Staff recommends a continuance
until May.
Allen felt that many items were being rescheduled for May.
Possibly a second meeting would be necessary that month.
MOTION: Spurrier moved that the Commission continue the
public hearing on Conditional Use Permit 375 to the May, 1991
meeting. Allen seconded the motion and it passed unanimously.
A date of April 24 , 1991 was set for the tour of the Shiely
site. Meeting time at City Hall would be 4 : 45 PM or at the
site at 5 PM.
Marty explained the public meeting law. It must be posted and
business cannot be conducted on the trip to the site. There
was a discussion of appropriate rules and regulations for the
trip to the site.
Further discussion on this item was postponed until the end of
the meeting.
X. REQUEST FOR TIME EXTENSION - CONDITIONAL USE PERMIT 604 -
DAVID MCKENNA
MOTION: Lynch moved that the Commission accept the time
extension requested by the applicant David McKenna for CUP 604
until the EAW is complete. Christensen seconded the motion
and it passed unanimously.
XI. DISCUSSION: WOOD STORAGE ORDINANCE AMENDMENT
Ekola noted that at the March 7 , 1991 meeting the Commission
directed staff to develop standards for wood storage in the
City. Staff recommended that the Commission consider
regulating wood storage in terms of location, bulk and public
safety aspects. The separation of different zoning districts
should also be considered. He noted the memo included in the
packet listing the different areas and aspects associated with
wood storage and the options for each.
Minutes of the Page - 7
Shakopee Planning Commission April 4, 1991
For zoning areas R-2 , R-3 , and R-4 the following decision were
made (Options identified are listed in the March 20, 1991
memo) :
Front yard: Option c
Street Side yard: Option c
Interior yards: Option a
Height: Option a
Volume: Staff recommendation requested
Rodent and Insect Control : Option a
Fire and Safety Concerns: Option b
The following discussion took place for volume limits in the
R-2 , R-3 , and R-4 districts.
Mars suggested a 3 cord limit.
Spurrier felt the BTU needs should be considered when allowing
storage volume for wood.
Christensen felt it should be kept manageable and allow
exceptions for those who heat with wood.
Allen preferred no volume regulations.
Mars said if an individual heats with wood, he is thinking in
advance. It needs to dry for some time before use.
Christensen suggested 2 cords permitted if for fireplace use,
and 6 cords permitted if for heating.
Spurrier felt that a CUP should not be required because of the
magnitude of use.
Joos said each type of wood is different when it comes to
BTU' s produced. Then, how can BTU content be taken into
consideration?
Christensen suggested a limit of 6 cords .
Marty felt the double standard could work if the applicant
was required to fill out a form with the City stating that the
primary source of heat was wood (if using more than two
cords) .
Mars felt that such information could be valuable to the Fire
Department.
Spurrier felt that a license should be obtained if the two
cord limit for fireplaces was exceeded.
Minutes of the Page - 8
Shakopee Planning Commission April 4, 1991
Joos suggested that the fire code requirements be put in the
ordinance.
Christensen suggested that the Fire Department review these
recommendations.
For Commercial-Industrial zoning districts, the following
options were chosen:
Front yard: Option b
Street Side yard: Option b
Interior Yard: Option b
Height: Staff recommendation requested
Volume: Option c
Rodent and Insect Control : Option a
Fire and Safety Concerns: Option b
Ekola suggested that storage be limited to setbacks in front
yards only.
Spurrier suggested the use of opaque screening.
Marty questioned the prohibition of wood storage in front and
side yard setbacks, but the allowance anywhere else as long as
properly screened. Existing screening code can be applied to
wood storage areas.
Joos said the ordinance is there now - it just needs to be
enforced. If wood storage is to be regulated it should also
apply to other items such as pallets.
Ekola noted the bulk of the complaints are from residential
areas.
Marty suggested that Ekola research to see what the maximum
safe height would be for a wood stack.
All commissioners agreed that licenses should be required for
commercial buildings heating with wood.
Marty asked why commercial users were different than private
parties.
For the Agricultural zoning district (AG) , it was decided that
no regulations were necessary on wood storage.
Minutes of the Page - 9
Shakopee Planning Commission April 4, 1991
For the rural residential zoning district (R-1) , the following
options were chosen:
Front Yard: Option b
Street Side Yard: Option b
Interior Yards: Staff recommendation requested
Height: Option a
Volume: Option b
Rodent and Insect Control : Option a
Fire and Safety Concerns: Option b
Karen Miller, 9075 Boiling Springs Lane, came forward and
displayed four photos of the neighbors yard that were taken
the day before of the wood stored on that property. The area
in the photos was about 200 ' by 200 ' and was full of wood.
She has noticed relatives come and get wood from this
woodpile. Miller felt it was an eyesore in the neighborhood.
Joos noted that it is difficult to stack tree stumps while
waiting to cut them up.
Spurrier asked Miller if the wood was stacked and the number
of stumps were limited, would that be acceptable?
Miller noted that there were two horses in the area also. She
suggested a reasonable time be allowed to split and stack the
wood and then screening regulations be enacted and enforced.
Spurrier asked if there should be larger numbers allowed for
rural residents.
Christensen felt that it would be a minute number of people
who need more wood than the restrictions under current
discussion would allow for. She felt the majority needed to
be considered.
Ekola said that regulations should be more stringent in more
densely populated areas. He would suggest less stringent
regulations for R-1 .
Mars said that wooded and non-wooded sites are different in
character and any regulations would need to be flexible.
It was decided that staff would further research those items
where the Planning Commission requested recommendations.
XII. OTHER BUSINESS
Ekola noted that a copy of the code will be available at the
May meeting for each commissioner. He asked that at the end
Minutes of the Page - 10
Shakopee Planning Commission April 4, 1991
of each Commissioner' s term, that these copies be returned. A
preliminary draft of the new ordinance format was reviewed.
The tour of the future application sites was discussed. Marty
suggested that staff look into the matter and bring back
findings.
The regular May meeting was set for May 9th, and the extra
meeting, if necessary, was set for May 30th.
XIII.NON-AGENDA INFORMATIONAL ITEMS
Ekola noted that there was information included in the packet
from the DNR on wetland areas.
Ekola said that the sidewalk plan will be done by fall of 1991
according to 1991 Planning Commission Work Program.
Spurrier felt that the area of 10th Avenue, which is heavily
used, should be swept and glass removed from the street in
that area. He requested that the City Planner send a letter
to K-Mart on storage of trash.
Lynch had questions on where three wheelers are allowed in the
City.
Spurrier asked if stop signs on Vierling Drive near the new
subdivisions had been installed as required. Staff was asked
to research this item.
Joos noted that Scott and Carver County have no
representatives on the Metropolitan Council .
XIV. ADJOURNMENT
Christensen moved that the Commission adjourn. Joos seconded
the motion and it passed unanimously. Meeting adjourned at
10: 45 PM.
#- 7
CITY OF SHAKOPEE
BUILDING ACTIVITY REPORT - APRIL 1991
April 1991 April 1990
No. No. Valuation No. No. Valuation
Month Y.T.D. Y.T. D. Month Y.T.D. Y.T.D.
Single Family-Sewered 14 43 3 , 012 ,400 11 29 1, 821, 600
Single Family-Septic 5 6 906, 800 2 6 733 , 100
Multiple Dwellings 1 4 453 , 600 - - -
(# Units) (YTD Units) (2) (8) - (-) (-) -
Dwelling Additions 8 15 56, 630 2 4 24,220
Other 1 5 30,780 1 1 15, 000
New Comm. Bldgs - 1 150, 000 - 1 80, 000
Comm. Bldg. Addns. - - - 1 3 1, 646, 000
New Industrial-Sewered - - - - - -
Ind. Sewered Addns. - - - - 1 462, 800
New Industrial-Septic - - - - - -
Ind. Septic Addns. - - - - - -
Accessory/Garages 5 7 50, 240 3 8 56, 686
Signs & Fences 8 17 44 , 902 8 21 23 ,440
Fireplaces/Wood Stoves - 1 4 , 200 1 1 6, 000
Grading/Foundation 1 2 201, 000 - 1 28, 000
Remodeling (Res. ) 5 12 79, 300 1 9 39,900
Remodeling (Inst. ) - - - - - -
Remodeling (Comm/Ind. ) 5 16 1, 406, 297 3 15 424, 850
TOTAL TAXABLE 53 129 6, 396, 149 33 100 5, 361, 596
TOTAL INSTITUTIONAL - - - - - -
GRAND TOTAL 53 129 6, 396, 149 33 100 5, 361, 596
No. YTD. No. YTD.
Variances - 2 - 2
Conditional Use - 3 1 1
Rezoning - 1 - -
Moving - - - -
Electric 39 104 18 88
Plumbing & Heating 63 164 35 109
Razing Permits
Residential - 1 - -
Comm./Ind./Inst. - - - -
Total dwelling units in City after completion of all construction permitted
to date 4 , 536
Jeanette Shaner
Building Department Secretary
CITY OF SHAKOPEE
BUILDING PERMITS ISSUED IN APRIL, 1991
8951 Drake Construction 1260 Sapphire Lane House 64,000
L 23 B 2 , Heritage Place
8952 Rich Foth 1930 W. Vierling Drive Addn. 10, 000
8953 Dwayne Erickson 1771 Montecito Drive Deck 1,100
8954 Thomas Hagaman 1101 Minnesota Street Deck 730
8955 Dean Bohn 1211 Vierling Court Deck 2 ,500
8956 Larry Wurtz 2063 Eaglewood Lane Grading 1, 000
8957 Novak Fleck 1208 Vierling Court House 69, 000
L 2 B 1, Meadows 2nd
8958 B & D Development 404 Hillwood Drive House 127,900
L 10 B 1, Hillwood Estates
8959 Greg Kramer 2123 Murphy Avenue Fence 1,200
8960 Canterbury Downs 1100 Canterbury Road Remodel 25, 000
8961 Dennis Kelley 607 East 1st Avenue Remodel 1, 000
8962 Minn. Valley Fence 913 East 3rd Avenue Fence 800
8963 Novak Fleck 1160 Clover Court House 61, 600
L 21 B 1, Meadows 4th
8964 Joe Palmer 2287 Eagle Creek Blvd. Sign 500
8965 Patrick O'Reilley 1005 Shawmut Garage 9,800
8966 Larry Link 533/535 West 4th Avenue Duplex 174, 000
L 1 & 2 B 44 , O.S.P.
8967 Larry Lacy 2140 Heritage Drive Fence 300
8968 Robert Steinhoff 921 West 6th Avenue Fence 800
8969 Novak Fleck 504 Mint Circle House 60,000
L 3 B 6, Meadows 4th
8970 Valleyfair One Valleyfair Drive Comm. 100, 000
8971 Laurent Builders 956 Stonebrooke Drive House 240, 000
L 7 B 4, Stonebrooke 1st
7
8972 W. F. Construction 1908 Granite Drive House 62, 500
L 7 B 5, Heritage Place 2nd
8973 Kevin Hunter 218 S. Minnesota Street Fence 300
8974 Cletus Link Const. 1225 Monroe Street House 89, 000
L 5 B 3, South Parkview
8975 Greg Menke 1212 Sunflower Circle House 147, 000
L 7 B 1, Prairie Estates
8976 New Century Const. 1248 Ruby Lane House 55, 000
L 5 B 1, Heritage Place 2nd
8977 American Amusements One Valleyfair Drive Remodel 21, 000
8978 Marc Noerenberg 338 Lewis Street Remodel 500
8979 Jerome Steinhoff 605 West 4th Avenue Remodel 500
8980 Pacific Pools 1450 Tyrone Drive Pool 10, 000
8981 Terry Friedges 637 East 4th Avenue Garage 8, 000
8982 Schmitt Construction 1949 East 11th Avenue Porch 5, 800
8983 Robert Boldt 2791 Marschall Road Stg Bldg 8, 500
8984 Steinmetz Const. 825 Fuller Street Reroof 6, 100
8985 Novak Fleck 416 Mint Circle House 57, 000
L 1 B 7, Meadows 4th
8986 B & D Development 648 Hillwood Drive House 196, 000
L 7 B 1, Hillwood Estates
8987 Eagle Crest Homes 1112 Legion Street House 85, 000
L 1 B 3 , Prairie Estates
8988 Steve Schmidt 8450 Eagle Creek Blvd. Garage 7,800
8989 Christopher Dircks 1199 Tyler Street Fence 875
8990 Novak Fleck 1205 Clover Court House 70, 000
L 7/8 B 1, Meadows 4th
8991 Novak Fleck 1153 Clover Court House 66, 500
L 3/4 B 1, Meadows 4th
8992 Edward Lawrence 3346 Marschall Road Deck 2, 000
8993 Mark Kuechenmeister 321 West 1st Avenue Awning 3, 000
8994 R. F. Construction 2122 Heritage Drive Fence 1, 085
8995 Scott Knight 1219 Vierling Court Remodel & Deck 11, 300
8996 G. F. Juergens 2130 Hillside Drive House 140, 000
L 4 B 1, Hillside Estates
8997 Schmitt Construction 1949 East 11th Avenue Deck 1,700
8998 Woodview Construction 8569 McGuire Circle House 130, 000
L 3 B 1, Riverview Estates
8999 Gardner Brothers 1904 Granite Drive House 76, 000
L 20 B 2, Heritage Place 2nd
9000 Novak Fleck 527 Mint Circle House 77, 500
L 1 B 5, Meadows 4th
9001 Randy Schubert 8358 Eagle Creek Blvd. Garage 6, 240
9002 Terrance Hahn 1288 Emerald Lane Deck 1,800
9003 Valleyfair One Valleyfair Drive Comm. 20, 000
Total: 2,319,230
& 8
BUSINESS UPDATE FROM CITY HALL
Vol . 5 No. 5
Dear Chamber Member: May 1, 1991
ADMINISTRATION
The City has formally entered into a purchase agreement with the
Marquette Bank to purchase the bank property located at 129 South
Holmes Street. It is anticipated that the City offices will occupy
the building in approximately 12 months . The City Administrator
has also been authorized by the City Council to hire a part-time
Management Analyst who will assist in evaluating all operations of
city government in an attempt to identify areas in which either
cost savings can be made or more efficient levels of service
delivery can be achieved.
BUILDING
Building permit activity has picked up considerably in the single
family applications. As of May 1, 1991, 49 single family permits
have been issued as compared to 35 last year at this time.
We have issued the certificate of occupancy for Canterbury Downs
1991 operating season. A few minor alterations directed at
improving costumer service have taken place over the winter.
CITY CLERK
On April 2nd, City Council approved On Sale and Sunday intoxicating
liquor licenses for Pablo ' s Mexican Restaurant, to be delivered
after completion of expansion and remodeling of the restaurant.
COMMUNITY DEVELOPMENT
On March 19, 1991 the City Council directed the Mayor to appoint a
Task Force to examine the potential need for additional City
property within the 160 acre moratorium area located South of the
Sr. High School . The Task Force will analyze municipal land needs
and financing options and report their findings back to City
Council within 90 days.
ENGINEERING/PUBLIC WORKS
The Engineering Department is starting a new construction season
again. The first project of the year will involve Market Street
from 4th Avenue to 7th Avenue, 5th Avenue from Spencer Street to
Market Street (this street is presently non existing from Fillmore
Street to Market) and Main Street will be extended to the north to
intersect the new 5th Avenue. Also Bluff Avenue will be improved
from behind Perkins to Naumkeag Street. The Contractor is Ryan
Contracting, Inc. of Lakeville.
The next project to start later this summer will involve
reconstruction of Jackson Street and Harrison Street between lith
Avenue and 12th Avenue, Shumway Street between 3rd and 6th and
Scott Street between 6th and 7th.
Currently our consultant is designing the 2nd Avenue Project which
will improve streets from Sommerville Street to Shawmut Street and
1st Avenue to 3rd Avenue. This project is going to upgrade all
gravel roads in the area plus provide sewer and water services to
the residents. Second Avenue will be designed as one way streets
on each side of the railroad with on street parking. There will be
no streetscape items such as nodes, bricks or benches as was used
in the Downtown Project.
FIRE
The Shakopee Fire Department would like to announce the recent
acquisition of two new pieces of rescue apparatus. We would like
to thank Shakopee area businesses, organizations, and the people of
Shakopee who have contributed funds to this Department and made
these acquisitions possible. Both of these pieces of apparatus
were purchased solely with contributed funds from local sources.
This equipment is turned over to the City of Shakopee.
The first piece of equipment was a hovercraft which was acquired in
February. This piece of equipment is a valuable addition to the
Shakopee Fire Department' s rescue capabilities. It allows a very
rapid and safe approach to retrieve victims from the water or
broken ice. It also serves as a platform for conducting scuba
diving rescue operations.
The second piece of apparatus is a step-van. This step-van will be
the unit to respond for hazardous material incidents, scuba diving
rescue operations, and high level rescue operations. We are still
seeking funds to finish the interior of this new step-van so that
it can be put into service soon.
PARKS AND RECREATION
This summer, the City of Shakopee will be busy developing a few of
its new parks. The residents in the Hauer' s 4th Addition will
finally have playground equipment installed on the dedicated Tot
Lot on the corner of Diamond Court and Emerald Lane. The Eastside
Park, adjacent to the Jr. High School baseball field will also be
under construction this summer. Last fall, it was graded and
seeded. Once completed, there will be a park shelter/warming
house, a hockey rink, a basketball court and a parking lot. A
bituminous trail is also in the works for O ' Dowd Lake Park.
Those of you driving County Road 17 past the Timber Trail
development will notice some landscaping being done on a 1. 3 acre
park. This project was initiated by a neighborhood group using
their own money and sweat equity. Our thanks to the neighborhood
for initiating this project. The Shakopee Jaycees are considering
a $140, 000 watering project for the Tahpah Park Athletic Complex.
The Shakopee Lions Club will be constructing a pond with trails
around it in the lower section of Lions Park but the project is on
hold until the Upper Valley Drainage Project is completed in 1992 .
14 CI
MINUTES OF THE
SHAKOPEE CABLE COMMUNICATIONS COMMISSION
April 29, 1991
Chairman Anderson called the meeting to order at 7 : 00 P.M. with
Commissioners Moonen, Bastyr and Anderson present. Commissioners
Abeln and Harrison were absent. Barry Stock, Assistant City
Administrator, Bill Lepley and Beth Anderson, New Frontier
Productions, Mike Kazma Amzak Cable Television Manager and Bob
Ziegler, Access Corp. member were also present.
Chairman Anderson noted one change in the minutes. He stated that
in the motion appointing the officers that both Commission Moonen
and Bastyr were listed as Vice-Chairs. Mr. Anderson stated that
Mr. Moonen should be 1st Vice-Chair and Mr. Bastyr should be 2nd
Vice-Chair. Moonen/Bastyr moved to approve the minutes of the
March 25, 1991 meeting as amended. Motion carried unanimously.
Discussion ensued on the location of the Public Access Studio. Mr.
Stock stated that a committee of City Hall employees has been
created to analyze the physical layout of the new City Hall
facility. Mr. Stock stated that he thought that there was a good
possibility that there would be room in the new City Hall for a
Public Access studio. Given the potential for locating the studio
in the City Hall, Mr. Stock stated that he did not have a lot of
time to devote to the possibility of locating the studio to the Sr.
High School. Mr. Stock stated that he hoped the Committee could
come to some consensus on how much time should be devoted to
locating the studio to the Sr. High School.
Chairman Anderson stated that he did see a benefit of having the
Public Access studio in the school . He noted that he felt
uncomfortable making a firm decision on where staff ' s attention
should be directed given the fact that only three of the five
Commissioners are in attendance at this evenings meeting. Mr.
Ziegler questioned the time element involved in determining whether
or not the City Hall would be a suitable location for the studio.
Mr. Stock stated that he thought the task force could have a
preliminary answer on whether or not there would be room for a
Public Access Studio within the next three months. Chairman
Anderson stated that the School District intends to proceed with
the development of a studio in the Sr. High regardless of the
location of the Public Access Studio. Mr. Stock reminded the
Commissioners that there are several agreements presently in place
regarding the operation of the present Access Studio that might
conflict with moving the Public Access Studio to the Sr. High
School or the new City Hall prior to next April . These agreements
include the operating (staffing) agreement with New Frontier
Productions which expires on April 16, 1992 and the recently
executed lease agreement for the studio space.
Moonen/Bastyr moved to table the discussion on the location of the
9
Minutes of the Page - 2
Shakopee Cable Communications Commission April 29, 1991
Public Access Studio until the next meeting. Motion carried
unanimously.
Chairman Anderson questioned whether or not the Cable Commission
would be involved in the design process for the Council Chambers
video system. Mr. Stock noted that Council is aware of the
Commission' s desire to assist in this area and he thought that the
Commission should make a presentation to the City Hall design team.
Mr. Stock reviewed the history of the Cable budget within the City
of Shakopee. He noted that when the Cable system was initially
activated in Shakopee, the Cable budget was a separate division
within the City' s general fund. In 1988 , the Cable Division was
changed to a separate program within the administration division of
the general fund. Mr. Stock noted that up until 1988 the fund
balance for the Cable Division was operating in the negative. It
wasn't until 1989 that the Cable Communications Division began
operating in the black. Mr. Stock reviewed the 1991 budget. He
noted that when the 1991 budget was prepared, he projected
franchise fees in the amount of $26, 000 . At the time the budget
was prepared, Mr. Stock noted that he was not aware of the pending
Cable rate increase that went into effect on February 1, 1991.
Furthermore, he was not aware of the Cable Company' s increased
interest in offering Pay For View services. With the recent
increase in subscriber fees and significantly increased revenue
generated from Pay For View sales, staff projects that the
franchise fees in 1991 will exceed $35, 000.
Mr. Ziegler questioned whether or not the way funds are distributed
to the Access Corp. could be amended so that all of the franchise
fees went directly to the Access Corp. The Access Corp. could then
reimburse the City for actual administrative costs incurred in
monitoring the franchise ordinance at year end. Mr. Stock stated
that this was a possibility but that it would not be appropriate to
implement such a change in the middle of the year.
Mr. Stock stated that he was proposing that the professional
services category of the Cable Program be increased by the
projected increase in the franchise fees over what was budgeted in
1991 ($9, 000) . He noted that this would still leave the Cable
program with a positive fund balance in the amount of $3 , 870 . 00 .
Chairman Anderson stated that he felt that since franchise fees may
exceed $35, 000 and given the fact at the current franchise fee
projection a positive fund balance of $3 , 870. 00 would exist, he
felt the Cable Commission should ask that the professional services
category be increased by $12 , 000. This would still leave the Cable
program with a positive fund balance of $870. 00, based on a
franchise fee projection of $35, 000.
r
Minutes of the Page - 3
Shakopee Cable Communications Commission April 29, 1991
Commissioner Moonen requested Mr. Kazma to comment on the projected
franchise fees. Mr. Kazma stated that he felt that the franchise
fees in 1991 would be around $38, 000. Mr. Moonen questioned
whether or not the Cable Commission should base their budget
amendment request on a higher franchise fee projection than
$35, 000. Mr. Stock stated that if franchise fees do in fact come
in around $38 , 000 that a subsequent budget amendment could be
requested later in the year. Mr. Stock noted that by early
November, we should have a good handle on what franchise fees
should actually equate to. Commissioner Moonen stated that the
process of asking for budget amendments seemed somewhat cumbersome.
Mr. Stock noted that if the City of Shakopee accepts the Cable
Commission' s recommendation to increase the professional services
category by $12 , 000 based on amended franchise fee projections,
that they would be making a commitment to provide the amount
budgeted in professional services regardless of what the actual
franchise fees collected were. In other words, if franchise fees
come in below what we are projecting, then the City' s general fund
would have to pick up the balance deficit. Mr. Stock noted that
given the City' s financial condition, he did not believe City
Council would go too far out on a limb in terms of increased
franchise fee projections. Mr. Stock stated that the $35, 000
franchise fee projection is conservative and that he felt Council
would be more comfortable with a conservative projection than an
inflated figure. Mr. Stock also noted that the City Council may
wish to table action on this item until later in the year when
firmer franchise fee projections can be established.
Chairman Anderson stated that the franchise fees collected by the
City of Shakopee had to be dedicated for administration of the
franchise ordinance and/or Cable related activities. Mr. Stock
stated that the 1984 Cable Communications Act did in fact specify
that cities applying a 5% Cable franchise fee did have to use the
fees collected on Cable related activities.
Moonen/Bastyr moved to recommend to City Council that the
professional services category of the Cable program within the
administrative division of the City' s general fund be increased by
$12 , 000. Motion carried unanimously.
Mr. Kazma gave a brief Cable administrator' s report.
Bastyr/Moonen moved to adjourn the meeting at 8 : 00 P.M. Motion
carried unanimously.
At IC)
MINUTES OF THE
SHAKOPEE COMMUNITY ACCESS CORPORATION
April 29, 1991
Vice-Chair Bastyr called the meeting to order at 8 : 05 P.M. with
Commissioners Kazma, Bastyr, Moonen, Anderson and Ziegler present.
Commissioners Harrison and Abeln were absent. Barry Stock,
Assistant City Administrator, Bill Lepley and Beth Anderson, New
Frontier Productions were also present.
Moonen/Anderson moved to approve the minutes of the March 25, 1991
meeting as kept. Motion carried unanimously.
Discussion ensued on the checkout procedure proposed by Ms.
Anderson. She questioned whether or not the board had any
suggestions for improving the checkout procedure. Bill Anderson
suggested that a signature block be added for parents of persons
utilizing the equipment who are under age 18 . It was the consensus
of the Committee that the signature block should be added and that
the parental signature should be required every time a person under
age 18 utilizes the equipment.
Discussion then ensued on the use of Cable equipment by persons who
are not Shakopee residents. It was the consensus of the Committee
that the Public Access Studio equipment was open for use by anyone
who was producing a program that would be of interest to the
general public in Shakopee for viewing on the Public Access
Channel.
Discussion ensued on the possibility of soliciting funds from local
service organizations for sponsoring public access programming.
Ms. Anderson stated that several persons who are working on
projects have requested whether or not they could obtain funding
from either the Access Corp. or a private sponsor to offset costs
that they incur, such as mileage. Mr. Stock stated that he did not
think it would be appropriate for the Access Corp. to pay someone
to do programming for Public Access. Mr. Stock suggested that
perhaps the community organizations could be solicited to finance
specific equipment needs of the Access Corp. and/or a grant funds
to the Access Corp. to encourage further programming. The Access
Corp. could then place these funds into a special account that
could be disbursed on a grant basis to producers.
The Commission expressed a concern regarding the possibility of
individuals approaching local community organizations to solicit
funds for their video projects. The Commission stated that they
hoped that the Cable Commission and/or Access Corp. was not
misrepresented by the individual requesting said funding.
Discussion ensued on the second year of the Five Year Capital
Equipment program. Commissioner Moonen questioned whether two
studio cameras were needed. He stated that he felt two camcorders
Minutes of the Page - 2
Shakopee Community Access Corporation Commission April 29, 1991
could be purchased in lieu of studio cameras. Discussion ensued on
the operating status of the two Triple Fives. Mr. Lepley stated
that one of the cameras was in good operating condition and that
the other one was in need of maintenance. He stated that both of
the cameras were in need of tuning. Mr. Lepley stated that the
studio was no longer in need of the portable audio mixer for on-air
productions. Mr. Moonen stated that if two camcorders are
purchased in lieu of two new studio cameras that the SVHS studio
switcher was not needed. It was the consensus of the Commission
that the two studio cameras should be stricken from the list and
replaced with two SVHS camcorders at a cost not to exceed $8, 000.
It was also the consensus of the Commission that the SVHS studio
switcher and portable audio mixer for on-air could be deleted. The
Commissioner also selected to delete the replacement of the two
studio tripods from the list at this time. Finally, it was the
consensus of the Committee to add $1, 200 to year two for VHS
editing station furniture and chairs.
Discussion ensued on year three of the Capital Equipment Program.
It was the consensus of the Committee to leave year three as
proposed, including three portable monitors, the AB roll SVHS
editing system and one SVHS camcorder for a total three year cost
of $23 , 800.
Discussion ensued on year four, it was the consensus of the
Committee that two SVHS camcorders should be acquired as opposed to
three and that all the other items as proposed should remain for a
total year four cost of $22 , 650.
For year five, it was decided to include the routing switcher at a
cost of approximately $7 , 000 and two SVHS camcorders at a cost of
$4 , 000.
Anderson/Ziegler moved to approve the Five Year Capital Equipment
Program as discussed. Motion carried unanimously.
Mr. Lepley then commented on immediate equipment needs of the
studio. Mr. Kazma questioned how much dollars the Access Corp. had
available for equipment purchases. Mr. Ziegler stated that there
was approximately $9 , 000 available at this time. After much
discussion, Moonen/Anderson moved to authorize Mr. Lepley to
acquire the following equipment: SVHS furniture - $800. 00 ; two
editing station chairs - $300. 00 ; Character Generator - $3 , 000. 00;
SVHS Audio Mixer - $600. 00 ; On-air Mixer - $400. 00 ; Air Monitor -
$400. 00 ; SVHS Playback Deck - $1, 200. 00 and $300. 00 for tape
allowance at a total cost not to exceed $7 , 000. 00.
Mr. Lepley stated that he also was in need of another SVHS
Camcorder. It was the consensus of the Commissioner that they did
not want to drain the available funds at this time and that the
a
Minutes of the Page - 3
Shakopee Community Access Corporation Commission April 29, 1991
acquisition of another camcorder could be reconsidered at a later
date.
Discussion ensued regarding the execution of the Studio Lease
Agreement and Access Support Agreement. Mr. Stock stated that it
would be appropriate for the chairperson to sign these documents
since they have been approved.
In order to facilitate the execution of the aforementioned
documents, Moonen/Anderson moved to remove Commission Harrison from
the Chairperson position and appoint Jim Bastyr as Chairperson.
Motion carried unanimously. Anderson/Moonen then moved to nominate
and appoint Bill Harrisson as the Vice-Chairperson for the Shakopee
Community Access Corporation. Motion carried unanimously.
Moonen/Anderson moved to adjourn the meeting at 9 : 40 P.M. Motion
carried unanimously.
Barry Stock, Recording Secretary
GOALS WORKSESSION - 1991
Strengths
- CC flexible/works well together.
- Fund balance
- CC positive relationship w/other local entities
Weaknesses
- Staff size limitations
- SPUC/City working relationship
- Fairly uninvolved/apathetic citizenry
Opportunities
- LGA/HACA Cut
- careful evaluation of all programs & services provided.
- more control over our own destiny
- New City Hall
- Potential work stoppage
Threats
- Dramatic reduction of HACA/LGA
- State mandates
- Negative citizen response to:
- reduced service levels
- higher taxes
- Potential work stoppage
Additional Goals - 1991
- Potential organization downscaling
- Moratorium study completion
- T I Resources/Policy (study)
- trust fund balance, closing of districts
- funding of optional projects
- Recreation Program Revenues
- Planning/Licensing Revenues
- Continue to regulate all we now regulate?
- More Administrative discretion on minor matters
- Occupancy of properly designed new city hall by Spring - 1992
TENTATIVE AGENDA
REGULAR SESSION SHAKOPEE, MINNESOTA MAY 7 , 1991
Mayor Gary Laurent presiding
1] Roll Call at 7 : 00 P.M.
2] Approval of Agenda
3 ] Recess for H.R.A. Meeting
4] Re-convene
5] Liaison Reports from Councilmembers
6] Mayor' s Report
7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS
a] Claude & Mary Lou Sinnen
8] Approval of Consent Business - (All items listed with an
asterisk are considered to be routine by the City Council
and will be enacted by one motion. There will be no
separate discussion of these items unless a Councilmember
so requests, in which event the item will be removed from
the consent agenda and considered in its normal sequence
on the agenda. )
9] Approve Minutes of April 16, 1991 Adj .Reg.Session at 6: 00 PM
and April 16, 1991 Adj .Reg.Session at 7: 00 PM
10] Communications:
a] Jack Van Remortel - Impact of highway improvements on
Backstretch RV Park
b]
11] 7 : 30 P.M. PUBLIC HEARING - Proposed special assessments for
improvements to Adams Street between 6th and 3rd and to
4th Avenue between Adams and Harrison, No. Project 1990-3
12] Boards and Commissions: Cable Communications Advisory
Commission
a] Administrative Budget Amendment (Cable Program) Res. 3389
Community Development Commission:
b] Downtown Revitalization Plan Update
TENTATIVE AGENDA
MAY 7, 1991
Page -2-
13] Reports from Staff:
*a] Application for Liquor Licenses - MIN Hotel Corp.
b] Hauer's 4th Addition Tot Lot
c] Development of East Side Park
d] Meadows Additions-Reimbursement Request - memo on table
e] 2nd Avenue, Project No. 1991-3 - Railroad Crossings
f] Realtor Request For Proposal Assistance
*g] Fire Agreement With Minn. Dep't of Natural Resources
*h] Accounting Policy Change
*i] Transportation Reimbursement Agreement With Scott County
*k] Nominations to Community Youth Building Committee
*1] Annual Contract With Municipal Ordinance Codifiers
m] Approve Bills In Amount Of $147 , 735 .22
n] Sale of Property - Lots 3 & 4 , Block 52 , Shakopee City
o] Shakopee Bypass Letter of Understanding
*p] Public Works Building Heating System
q] Shakopee Bypass Engineering Services
r] Hiring An Assistant Planner
*s] Bloomington Ferry Bridge/County Road 18 Interchange
t] 5th Avenue/Market Street - Service Lines
14] Resolutions and Ordinances:
*a] Res. No. 3387 - Approving Premise Permit for Shakopee
Youth Baseball/Softball
*b] Res. No. 3388 - Approving Premise Permit for VFW
c] Res. No. 3390 - Receiving Report & Setting Hearing On
Tahpah Park Sprinkler System, Project
No. 1991-4
*d] Res. No. 3391 - Receiving Report & Setting Hearing On
11th Avenue, Project No. 1991-5
*e] Res. No. 3392 - Receiving Report & Setting Hearing On
Alley Improvements To Block 1, Marymark
Addition, Project No. 1991-6
*f] Res. No. 3386 - Amending The 1991 Pay Plan
*g] Res. No. 3394 - Appreciation to Marcy Waritz
h] Ord. No. 310 - Amending Massage Parlor Ordinance
i] Res. No. 3395 - Amending 1991 Fee Resolution
15] Other Business:
a] Cncl.Sweeney, Council Liaison to Murphy' s Landing, would
like Council to consider the City paying storm sewer
utility costs for Murphy' s Landing
b] Set a date for a Committee of the Whole meeting
c]
d]
16] Adjourn to Tuesday, May 21, 1991 at 8 : 00 P.M.
Dennis R. Kraft
City Administrator
TENTATIVE AGENDA
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF SHAKOPEE, MINNESOTA
Regular Meeting May 7 , 1991
1 . Roll Call at 7 : 00 P.M.
2 . Approval of the April 2 , 1991 Meeting Minutes
3 . Residential Development Incentive Policy
4. Other Business
a)
b)
5. Adjourn
Dennis R. Kraft
Executive Director
Z
OFFICIAL PROCEEDINGS OF HOUSING AND REDEVELOPMENT AUTHORITY
REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 2 , 1991
Chairman Zak called the meeting to order at 7 : 01 p.m. with Comm.
Sweeney, Vierling, Clay and Wampach present. Also present were
Dennis Kraft, City Administrator; Barry Stock, Asst. City
Administrator; Lindberg Ekola, City Planner; Karen Marty, City
Attorney; Judith S . Cox, City Clerk; and Mayor Laurent.
Clay/Vierling moved to approve the minutes of March 5, 1991 meeting
as kept. Motion carried unanimously.
Barry Stock reviewed the 5th Avenue Residential Development
Project, saying that eminent domain proceedings have been done on
the Gelhaye/railroad property. He said the property equates to
about 3 . 2 acres. Discussion ensued as to whether to use the HRA
Fund Balance, Capital Improvement or General fund balance to
acquire this property. It was the consensus that the HRA fund
would be the most feasible to use. There was discussion on how the
city would market and develop the property.
Sweeney/Vierling moved to authorize HRA officials to negotiate with
the City of Shakopee to acquire the subject property. Motion
carried unanimously.
Consensus of the HRA was to have staff investigate possible uses
for this land and to talk with neighboring property owners.
Chairman Zak called a recess at 7 : 20 P.M. for an the executive
session to follow the Council meeting.
Chairman Zak re-convened the meeting at 10 : 22 P.M.
Sweeney/Vierling moved to reject all bids received for the purchase
of Outlot A, Macey 2nd Addition. Motion carried unanimously.
Clay/Vierling moved to direct staff to negotiate with the two
bidders for the sale of Outlot A, macey 2nd Addition to see if they
will increase their bid up to $24, 000 with no conditions. Motion
carried unanimously.
Sweeney/Vierling moved to reconsider the motion. Motion carried
unanimously.
The original motion, now on the table, was defeated unanimously.
Sweeney/Wampach moved that staff be directed to solicit proposals
from real estate agencies to sell H.R.A. properties, as
appropriate. Motion carried unanimously.
Sweeney/Wampach moved to adjourn at 10: 43 P.M. Motion carried
unanimously.
Dennis R. Kraft, Executive Director
- 3
MEMO TO: Dennis R. Kraft, Executive Director Shakopee HRA
FROM: Barry A. Stock, Assistant City Administrator
RE: Residential Development Incentive Policy
DATE: April 30, 1991
INTRODUCTION:
On April 17, 1991, the Community Development Commission
reviewed and approved a Residential Development Incentive Policy.
At that time, the Commission moved to recommend Shakopee Housing
and Redevelopment Authority approval of the proposed program
guidelines as shown in Attachment #1.
BACKGROUND:
The City of Shakopee and the Housing and Redevelopment
Authority presently have in place development assistance policies
for commercial and industrial development. Over the past year, the
Community Development Commission and City have been requested to
entertain proposals for residential development. Generally, the
proposals have been linked to property that is faced with unusual
soil conditions or other development constraints.
In order to effectively deal with developers who are
requesting economic assistance in terms of residential projects,
the Community Development Commission felt that it would be desirous
to have a policy that would guide both the developer and the City
in reviewing residential development proposals. The program as
proposed by the Community Development Commission provides two types
of financing: Municipal and Traditional Tax Increment. The
municipal financing option as outlined in the program is provided
through the HRA fund balance. The method of determining the level
of assistance under the municipal financing concept is limited to
the amount of tax base generated by the City taxing jurisdiction
within the project area as opposed to all taxing jurisdictions
which is the normal procedure for typical tax increment projects.
The traditional tax increment financing concept as outlined in the
program provides for traditional tax increment financing in
accordance with existing tax increment legislation for housing
projects.
Shown in Attachment #2 is a summary indicating the major
differences between the two financing options available in the
proposed housing assistance program. Note that the municipal
financing option is not limited to housing projects which encourage
housing developments for low and moderate income individuals and
families. The municipal financing option is limited to 5 years of
tax increment assistance for projects with less than 25 units while
the traditional tax increment is open for 10 years of increment for
projects with 25 or more units.
The primary objective of the proposed municipal financing
option is to encourage small scale residential development projects
(less than 25 units) which would not have otherwise occurred
3
without the infusion of said economic assistance. Larger
residential projects that face similar economic development
constraints may be prospects for the existing tax increment
legislation as it relates to housing. Keep in mind that pursuant
to State Statute, traditional tax increment financing projects for
housing must provide housing for low and moderate income families.
In establishing the program guidelines under the municipal
financing option, the Community Development Commission felt that it
was important to establish criteria that would provide direction in
determining if a project meets the "But for" tests. In order to
accomplish this objective, the Community Development Commission
felt that blight criteria should be met for those projects pursuing
assistance under the municipal financing option. Note that the
program guidelines do include specific criteria as it relates to
blight.
The Community Development Commission is proposing that the
level of economic assitance provided under the municipal financing
option be based on the tax increment generated by the project for
the City portion of the tax bill. The City's portion has generally
been approximately 16% of the overall tax bill. The Community
Development Commission is also proposing that the level of
assistance be limited to 5 years and that the assistance be
disbursed up front to the developer. In order to insure that the
project will be complete as proposed, the program guidelines also
specify that the developer must establish with the City of Shakopee
financial security (irrevocable letter of credit) equal to the
amount of assistance being provided to the developer. If the
developer does not compete the project as proposed, the City would
retain the right to call on the letter of credit. The exact
dynamics of the agreement and the development plan of the developer
would be specifically addressed in a developer's agreement by and
between the City of Shakopee and the prospective developer.
Under the traditional tax increment financing option, the
prospective developer and the Shakopee HRA would also enter into a
developer's agreement. However, under the traditional financing
option the amount of assitance provided to the developer would be
paid out on a "pay as you go" basis.
Shown in Attachment #3 is a illustration of how the proposed
municipal development financing option would work on the recently
proposed Jasper Development Project assuming the blight conditions
could be met.
In summary, the program as proposed gives the developer the
option of pursuing funding assitance through the HRA fund balance
under the municipal financing option or under existing tax
increment housing legislation. In both cases, a developer's
agreement specifically addressing project details would be an
essential part of the proposed program.
The financing source for the municipal financing option would
be the HRA fund balance. At the present time, there is
approximately $120, 000 of unallocated funds remaining in the fund
balance for potential projects. The Community Development
Commission was concerned about draining the HRA reserve fund
balance for this type of program. Therefore, they are requesting
that the HRA set aside approximately $50, 000. 00 of the reserve fund
balance for potential residential development projects that may be
candidates for the municipal financing option.
ALTERNATIVES:
1. Approve the residential development incentive program as
drafted and set aside up to $50, 000. 00 of the HRA reserve fund
balance for this program.
2 . Amend the residential development incentive program and set
aside $50, 000. 00 of the HRA reserve fund balance for funding
projects under the proposed program.
3 . Approve and/or amend the residential development incentive
program and do not set aside an established amount of funding
for the proposed program.
4 . Do not adopt a residential development incentive program.
5. Table action pending further information from staff.
STAFF RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Approved the residential development incentive program as
drafted and set aside up to $50, 000 . 00 of the HRA fund balance for
this program.
INCENTIV. PRO
BAS/tiv
3
Attachment # 1
CITY OF SHAKOPEE
RESIDENTIAL DEVELOPMENT INCENTIVE PROGRAM
Pro•r.m Goals
1. To promote residential development which will increase
the City's overall tax base.
2. To improve deteriorated or blighted neighborhoods.
To assure that projects developed in the Residential
Zoning Districts are of top quality and maintained
accordingly.
To promote affordable housing which will retain a
diversity of ages and incomes.
5. To promote and save quality housing in a suitable living
environment at a reasonable cost for all families and
individuals.
6. To increase housing opportunities available to low and
moderate income households.
7. To provide a variety of housing types which will meet the
needs of City residents.
To promote residential developments that have
extraordinanry costs and which would not reasonably be
expected to occur solely through private investment
within the reasonably foreseeable future and therefore
the use of public financial assistance is deemed
necessary.
Finan in•
he proposed program will provide Housing and Redevelopment
Autho ity (HRA) Grants equal to the financial equivalent of up to
five ears of Municipal Tax Increment Financing (TIF) assistance or
ten y-ars of traditional TIF assistance to qualified Residential
prosp-cts. Financial assistance shall be distributed on a "pay as
you g•" basis for Traditional Tax Increment projects and disbursed
up front for Municipal Tax Increment projects.
1
3
Program Criteria
Qualified residential projects (applicants) must meet or exceed the
following development criteria to be eligible for program
assistance. Meeting the threshold of eligibility does not mean
automatic approval for the applicant. Final approval of an
residential development assistance package shall be made by the
Shakopee Housing and Redevelopment Authority and/or City Council.
a. The project must be located in either the R-2, R-3 or R-4
Zoning District.
b. The project must be consistent with the City's
Comprehensive Plan.
c. Projects pursuing assistance under existing TIF housing
legislation must include the development of 25 or more
residential units that directly benefit low and moderate
income families.
d. Projects pursuing Municipal Tax Increment Assistance,
must include the development of less than 25 units.
e. A 10-to-1 ratio of estimated market value increase for
the amount of assistance shall be used as an
approximation of the return necessary for a minimally
adequate project.
f. The project must not create an environmental hardship
for the community.
g. The applicant must be willing to enter into a
Developer's Agreement approved by the City and/or HRA.
h. The applicant must make application for HRA and/or
TIF assistance on forms available from the City.
i. The applicant should at all times retain and be assisted
by qualified financial consultants and/or underwriters,
and by legal counsel.
j . Construction of the project shall not be commenced until
the HRA has given preliminary approval to the
application for financing.
k. The HRA reserves the right to select a third party
administrator/consultant to assist in the review and
project development process.
1. The HRA reserves the right to consider and approve
projects which substantially comply with the development
criteria, as set forth in the program providing other
tangential items such as building materials, building
quality, job quality, etc. exceed normal standards and
have in the Council 's judgement a significant positive
impact on the community.
m. The applicant must submit preliminary plans of the
project and evidence of ability to finance the project.
n. The assistance package and financial payments shall be
based on a "pay as you go" concept for Traditional Tax
Increment projects.
o. Projects pursuing Municipal Tax Increment Assistance
shall be disbursed funding up front providing the
developer provides financial security in a form
satisfactory to the HRA in an amount equal to the level
of assistance.
2
3
p. Projects pursuing assistance under existing TIF housing
legislation must pay all costs of establishing a tax
increment district unless the City agrees to allow costs
to be generated by the district.
q. Development must be of high quality with high quality
building materials and landscaping as agreed between the
City and the Developer.
r. The City reserves the right to deny any application for
financing at any stage of the proceedings prior to
adoption of the final approval authorizing the issuance
of bonds or grant proceeds.
s. The developer will provide a minimum of 10% owner and/or
developer equity in the project.
t. In order to qualify for assistance, one of the following
conditions, reasonably distributed throughout the project
area, must apply:
1. 70% of the parcels in the project area are occupied
by buildings, streets, utilities or other
improvements, and more than 50% of the buildings,
not including outbuildings, are structurally
substandard* to a degree requiring substantial
renovation or clearing; or
2. 70% of the parcels in the project area are occupied
by buildings, streets, utilities or other
improvements and 20% of the buildings are
structurally substandard and an additional 30% of
the buildings are found to require substantial
renovation or clearance in order to remove such
existing conditions as: inadequate street layout,
incompatible uses of land use relationships,
overcrowding of buildings on the land, excessive
dwelling unit density, obsolete buildings not
suitable for improvement or conversion, or other
identified hazards to the health, safety and
general well-being of the community; or
3. The property consists of vacant, unused, under-
used, inappropriately used or infrequently used
rail yards, rail storage facilities or excessive or
vacated railroads rights-of-way.
4. Less than 70% of the parcels in the project area
are occupied by buildings, streets, utilities or
other improvements, but due to unusual terrain or
soil deficiencies requiring filling, grading or
other physical preparation land has a fair market
value when added to the estimated cost of preparing
that land for development (including costs directly
related to roads) exceeds its anticipated fair
market value after completion of said preparation.
* "Structurally Substandard" means containing
defects in structural elements or a
combination of deficiencies in essential
utilities and facilities, light and
3
.3
ventilation, fire protection including
adequate egress, layout and condition of
interior partitions, or similar factors, which
defects or deficiencies are of sufficient
total significance due justify substantial
renovation or clearance.
Content of Developers Agreement
1. Property Identification Number.
2. Legal description of Parcel.
3. Name of developer and project description.
4 . Documentation from the Scott County Assessor's office
regarding the original assessed value and the projected
assessed value after construction.
5. Documentation from the HRA indicating the amount of assistance
that will be made available.
6. Documented evidence of the amount of special assessments and
City development fees.
7. A clause will be included for unavoidable construction delays.
8. A clause identifying development costs that will be
reimbursed to the City out of the assistance proceeds. (i.e.
administrative costs, professional fees, etc. )
Activities Eligible for Financing with TIF Proceeds
1. Land write down (in part or in whole)
2 . Cost of streets and utilities
3 . Grading costs
4 . Utility hook up fees
5. Demolition and relocation costs
6. City costs such as trunk utility costs, building permit fees,
park dedication fees, application fees etc.
7. Extraordinary landscaping and lighting
8. Extraordinary building enhancements
9. Soil corrections
Application Process
1. Applicant shall make an application for Residential Development
Assistance on forms available from the City.
2 . The following information may be requested by the City:
a. Statement of Public Purpose
b. Description of Project
c. Plans and Drawings of Project
d. Description of the Company
e. Legal Opinions
f. Investment Bank Letter of Feasibility
g. Market Analysis
h. Pro Forma Analysis
i. Financial Statements
j . Certified M.A. I. Appraisal
k. Traffic Impact Analysis
1. Other Documentation As Requested By City
4
2
3 . City staff or the City's agent will review the data and make
preliminary recommendations to the Shakopee Housing and
Redevelopment Authority as to compliance of the application and
proposed project with program objectives and eligibility
criteria.
4. Final evaluation of the application will include, in addition
to items subject to preliminary review, review of applicable
credit analysis, credit enhancement and legal compliance.
Formal recommendation will then be made to the HRA.
5. After a review of the formal evaluation, the Shakopee Housing
and Redevelopment Authority and City Council will consider
final approval of the establishment of any TIF District
and hold the appropriate public hearings.
6. All applications and supporting materials and documents shall
become the property of the HRA.
5
J
CITY OF SHAKOPEE
Application for Residential Development Assistance
1. Business Name:
2 . Address:
3 . Phone:
4. Contact Person: Date:
5. Assistance Being Applied For: HRA TIF
6. Location of Proposed Project:
7. Identify Legal Description:
8. What is the nature of the proposed residential project?
9. How many acres will the project occupy?
10. Indicate the applicant's legal interest in the land:
11. Indicate the proposed date for start of construction and
estimated completion date.
12 . Is the company for whom the project is being proposed public
or privately held.
Public Private If private, who is the principal
owner?
13 . What is the estimated make-up of the proposed residential
project?
Single Family units
Duplex units
Townhomes units
Apartment units
6
3
14 . What is the estimated cost to complete the facility?
a. Land Acquisition
b. Building Construction
c. Property Development (grading, landscaping) .
d. Road Improvements
e. Utility Improvements
f. Professional Services (Arch. , Legal, Fiscal) .
g. Fees and Permits
TOTAL
15. What is the current Market Value of the property?
16. The HRA reserves the right to request financial statements
and/or tax returns of the applicant for the years of
operation.
17. The HRA reserves the right to request two bank references
from the applicant.
7
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Attachment # 3
PROPERTY TAX ANALYSIS
ASSUMPTIONS:
1. Project will be condominium townhome development with all
property being homestead.
2 . Duplex townhomes will be sold for $80, 000 per unit and have a
Market Value of $72, 000.
3. Triplex townhomes will be sold for $75, 000 per unit and have
a Market Value of $67, 500.
4 . Fourplex townhomes will be sold for $70, 000 per unit and have
a Market Value of $63, 000.
5. Payable 1990 Tax Rates utilized in this illustration.
6. City's portion of tax obligation equates to $16.7% (1990
rate) .
7. Two four unit buildings to be constructed.
8. Five two unit building to be constructed.
9. One three unit building to be constructed.
10. Tax calculation estimates per County Assessor.
DUPLEX (Two-unit) TRI-PLEX (three-unit) FOURPLEX (Four Unit)
Taxes Per Unit = $ 900.00 Taxes Per Unit = $ 750. 00 Taxes per Unit = $ 630. 00
x 10 units x 3 units x 8 units
$9000. 00 $2250. 00 $5040. 00
TOTAL ANNUAL TAXES PAYABLE - $16, 290. 00
City (16.7%) - $ 2 ,720.43
School (45. 1%) - $ 7, 346.79
County (33 . 6%) - $ 5, 473 .44
Other (4. 6%) - $ 749. 34
Five Years HRA TIF Assistance - Proposed Policy
5 x 2720.43 = 13, 602. 15 (1)
Ten Years Traditional TIF Assistance (2)
10 x 16,290 = 162, 900
Less School Portion -73 ,467.90
89,432 . 10
(1. ) Represents aggregate total of assistance. Actual assistance would be paid
out on an annual basis and based on actual taxes paid by project.
(2 . ) Jasper project as proposed does not exceed 25 units and would not meet low
to moderate income criteria in the opinion of staff and therefore not
eligible for traditional TIF.
tCr 3
May 6, 1991 Y
City of Shakopee
129 East First Avenue
Shakopee, Minnesota 55379
RE: Lot Split, Saint Mark's Catholic Church
Honorable Mayor Laurent
Members of the City Council
It is our understanding that in the last year, there has been a new
City ordinance that whenever there is a piece of property within the City
of Shakopee that is to be developed, or whenever new construction is added,
it is the requirement that the owner of this property comply with what the
City calls a "Lot Split" application. It is the request of the City
Planner, Mr. Lindberg Ekola, that the Church of Saint Mark comply with this
ordinance. In anticipation of building a complete land survey of the block
was done by Sunde Land Surveying of Bloomington less than three years ago.
However, after doing research for this process with the Sunde Land
Surveying Company of Bloomington, Minnesota, we find it would require for
us to do a complete new boundary survey and interior lot survey with the
placement of Irons for the new lots. This replatting has been estimated by
Sunde to cost approximately $2,800.00 to $3,000.00. The board members at
Saint Mark's and myself, respectfully request that the City Council grant
the Church of Saint Mark a variance to this ordinance, and or a lot line
setback variance. We ask for this variance due to the time and the cost of
the work involved.
The Church of Saint Mark has been located on this block for approxi-
mately 130 years and will remain at this site for an indefinite period of
time.
There is no possible way that this block would be divided up, since
the new addition will be further interconnecting the present and historic
buildings. Thus it seems to be an expensive but futile exercise on paper.
(We feel that if the Church should choose to sell a portion of its property,
at a later date, it would then be the Churches responsibility to comply
with this ordinance.
you for this opportunity of request. If you have any
qu-.. ,T , please feel free to call me at 445-1229.
S cerely,
igr
f LA/j:b
- A' il iv
Re -o•-rt Hazel
Pastor
• •4.1./..„ 1
CHURCH OF SAINT MARK-333 WEST FOURTH AVENUE, SHAKOPEE, MINNESOTA 55379
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJOURNED REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 16, 1991
Mayor Laurent called the meeting to order at 6 : 02 P.M. with Council
members Sweeney, Vierling and Clay present. Councilmember Zak
arrived at 6: 07 p.m. , and Councilmember Wampach was absent. Also
present were Dennis R. Kraft, City Administrator; Barry A. Stock,
Ass 't City Administrator; Dave Hutton, Public Works Director and
Karen Marty, City Attorney. Present from the Shakopee Public
Utility Commission were: Commissioners Jim Cook, Barry Kirchmeier
and Terry O 'Toole. Lou Van Hout, Shakopee Public Utility
Superintendent was also present.
Mr. Jim Cook, Shakopee Public Utility Commission Chairman reviewed
some of the accomplishments of the Utility Commission over the past
year. He noted that the service territory acquisition is complete
and that all contracts have been signed. Mr. Cook also noted that
the NSP Agreement will provide upgraded switching gear. This
should prevent outages similar to those experienced in 1990 . Mr.
Cook explained that a differential rate is being applied in the new
service territory. The differential rate will apply for four years
and the City will forego its profit from the new service territory
during this time.
Councilmember Zak arrived at 6: 07 P.M.
Councilmember Zak, commented on the benefit of acquiring the new
service territory. He stated that he has not seen any significant
cost savings on his utility bill at this time. Mr. Cook stated
that they projected that the average customer would save $150. 00
over a twelve month period. Mr. Van Hout stated that the actual
benefit would vary from customer to customer.
Mr. Cook then reviewed some of the elements in the Shakopee Public
Utility Commissions 5 year plan. He noted that the stand pipe and
golf tee tower have been recently painted. He also noted that the
industrial park water tower would likely be painted this year.
Within the next one to three years, the Shakopee Public Utility
Commission will be constructing a new sub-station between
Marschall Road and County Road 83 near the main transmission line
that cuts across the southern boundary limits of Shakopee near
County road 42 . Mr. Cook stated that the new sub-station would
cost approximately $500 , 000 . 00 .
Mr. Cook noted that the Shakopee Public Utility Commission' s
contributions to the City of Shakopee in 1990 included $393 , 000 . 00
in direct funds, $30 , 000 . 000 worth of free electricity for City
street lights and $11, 000. 00 of utility maintenance for a total
contribution of $434 , 000 . 00.
Mr. Cook then reviewed some of the Utility Commission' s objectives
in terms of the City water system. He noted that Well #8 has
successfully be integrated into the system. He explained that Well
#8 is in a different aquifer and now City water is being provided
from two different aquifers. Mr. Cook stated that the Shakopee
Public Utility Commission is anticipating an increase in water
rates in the near future. He noted that they were last increased
in 1986.
Mayor Laurent questioned whether or not the contribution that was
made from the Shakopee Public Utility Commission to the City of
Shakopee was from electric service only. Commission Cook responded
in the negative stating that the contribution made from the
Shakopee Public Utility Commission to the City of Shakopee included
proceeds from electric and water service.
Mr. Cook stated that the Commission is currently reviewing
proposals from consultants for a long term electric study.
Mr. Cook noted that in 1991 the Utility Commission will be giving
serious consideration to undergrounding downtown utilities. This
process is being done in two parts including the undergrounding
associated with the Mini Bypass and the potential of other overhead
utility lines in the downtown area. He stated that there is money
in the 5 year plan for complete undergrounding of the utilities in
the downtown area. He also noted that the costs for undergrounding
are significant.
Mr. Cook stated that over the past year a new computer system and
computer billing operation were installed and that they are very
satisfied with its operation at this time.
Mr. Cook stated that the Shakopee Public Utility Commission will be
receiving a refund from NSP in the amount of $115, 000 . 00. The
refund is a result of excess rates that NSP applied prior to
Minnesota Public Utility Commission approval . Mr. Cook stated that
the refund will be spread out over the months of May, June and July
for all customers in Shakopee. The refund will be done through
lower rates and not an actual cash refund.
Mr. Cook also noted that in 1991 NSP will apply a 5. 94% rate
increase. Mr. Van Hout explained that Shakopee Public Utility
Commission has not increased electric rates since 1983 . He did
explain that they have implemented power adjustments since that
time.
Councilmember Vierling questioned why the Shakopee Public Utility
Commission is considering increasing water rates. Mr. Cook
explained that the water portion of the utility system is not
carrying its share as a free standing entity.
Councilmember Vierling questioned what happened to the early
payment discount that was available in the past. Mr. Cook
explained that the early payment discount was eliminated when the
new computer system went on line. Mr. Van Hout stated that the
wording has been changed and that the end result is the same if you
pay your bill on time.
Commissioner Cook commented on the restricted reserve funds for
water and the acceptable uses and accompanying policies.
Councilmember Zak questioned the possibility of expanding water
service to the East. Mr. Cook stated that it is not in the Utility
Commission' s 5 year plan for a well on the East side at this time.
Mr. Kraft questioned who owned the Community Recreation Building.
Mr. Van Hout stated that to the best of his knowledge the Shakopee
Public Utility Commission did not own it. he did note however that
the building does serve as a well house and that they have taken
care of that portion of the building.
Mayor Laurent questioned whether or not the recreation building
sub-station will remain following completion of the Mini Bypass.
Mr. Cook stated that the electric study that is being pursued will
examine the need to keep it.
Mayor Laurent stated that the communications and relationship
between the Shakopee Public Utility Commission and the City of
Shakopee have improved over the last year. He stated that he would
like to set as a goal for the City Council that both bodies strive
to improve staff relationships especially in the area of water.
Mr. Cook stated that on behalf of the Shakopee Public Utility
Commission he felt that communications between the City and the
Utility Commission have vastly improved over the past two years.
He stated that the Commission has discussed communications and open
relations between the two bodies on numerous occasions and they
have identified the same goal as stated by Mayor Laurent.
Mayor Laurent adjourned the meeting to 7 : 00 P.M. The meeting ended
at approximately 6: 50 P.M.
Judith S . Cox
City Clerk
Barry A. Stock
Recording Secretary
‘-71-
OFFICIAL
OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL
ADJ. REG. SESSION SHAKOPEE, MINNESOTA APRIL 16, 1991
Mayor Laurent called the meeting to order at 7 : 00 p.m. with Cncl .
Clay, Sweeney, Vierling, and Zak present. Cncl . Wampach was
absent. Also present were Dennis Kraft, City Administrator; Barry
Stock, Asst. City Administrator; Lindberg Ekola, City Planner; Dave
Hutton, City Engineer; Karen Marty, City Attorney; and Judith S .
Cox, City Clerk.
Mayor Laurent read the City' s Non-Discrimination Policy.
The following items were added to the agenda:
#8 - the minutes of April 9th.
#9b - BACM parade update.
Sweeney/Vierling moved to approve the agenda as amended. Motion
carried unanimously.
Liaison reports were given by Councilmembers.
Mayor Laurent read the Mayor' s report.
Mayor Laurent asked if there was anyone from the audience who
wished to address anything not on the agenda. There was no
response.
The following items were added to the consent business:
14b - Reduction of Letter of Credit, Hillwood Estates
14d - Letter from Mel and Delores Lebens
Vierling/Sweeney moved to approve the consent business as amended.
Motion carried unanimously.
Vierling/Sweeney moved to approve the minutes of April 2 and April
8 , 1991. (Motion approved under consent business) .
Dave Hutton reviewed the letter from Mr. Ted Jasper in regard to
the storm drainage bill for Macey Manor Condo. He explained that
each unit is billed individually and Mr. Jasper contends that the
drainage bill is higher since they are receiving 11 separate bills
than if the complex was billed as just one. He is requesting that
the complex be billed as just one and that it go to the
association. Mr. Hutton reviewed the City' s billing process
explaining that each unit is billed $13 . 76 per year since they are
individually owned and identified with individual parcel I. D.
numbers. There was concern from the council that if it were changed
for one then others may follow. Mr. Hutton said that billing by
parcel I . D. numbers is the only way the City has to keep track of
its individual billings, and to change this to one bill would not
be in the best interest of the City.
Proceedings of the April 16, 1991
Shakopee City Council Page -2-
Vierling/Zak moved to deny the request from Mr. Ted Jasper
representing Macey Manor Condominium Association to change their
storm sewer utility billing from 11 separate bills to 1 single
bill . Motion carried unanimously. (The current formula serves the
majority of Shakopee)
Carol Friendshuh was present to give the City an update on the BACM
parade to be held May 18 in support of our military troops. She
said there are 50 units confirmed for this parade. She is
requesting a permit for sale of goods to be held at Lions Park.
Vierling/Zak moved to allow the sale of goods by B.A.C.M. at Lions
Park on May 18 , 1991.
Clay/Vierling moved to amend the motion to allow for the sale of
food and non-alcoholic beverages and that the vendors supply the
City with a certificate of insurance listing the City as an
additional insured; and that clean-up of the park be taken care of
by B.A. C.M. Motion carried unanimously.
Main motion as amended carried unanimously.
Vierling/Sweeney moved to terminate the probationary status of
Karen Marty effective February 28, 1991. (Motion approved under
consent business) .
Barry Stock said that the Shakopee School District Athletic
Facility Task Force has completed their work on the school land
space needs. They are requesting that another committee be formed
to analyze the potential for acquiring the entire parcel occupied
by the moratorium area.
Bob Loonen, 2344 Berg Drive, Co-Chair of the School Task Force to
study the school land needs, said the committee feels that Shakopee
is on the verge of expansion to the southerly direction. They feel
the availability of land in this area creates a window of
opportunity. The school facilities will need to be expanded as
well. They are asking the Council to form a committee of the
possible stakeholders to better define what exactly the land needs
might be for the City as well as others. Cncl . Sweeney asked if
they had approached the County. Bob Loonen replied that they have
not approached the County but would like to see them on the task
force. Cncl . Sweeney said he does not see how we can justify the
use of extra dollars for staffing another committee. Cncl . Zak
feels that this is an idea that should be given a chance and would
like the task force to look into the funding sources as well .
Cncl. Vierling said she would like to see Mr. Sweeney be on that
committee and she would like to see the cost go on a referendum and
let the voters decide if they would like to spend the money. Cncl .
Sweeney had a concern on overloading the City staff. Discussion
ensued on the make-up of any committee.
Proceedings of the April 16, 1991
Shakopee City Council Page -3-
Clay/Vierling moved to direct the Mayor to appoint a Committee to
analyze the municipal development potential of the property located
within the 160 acre moratorium area south of the Sr. High School,
leaving the make up of the committee to Mayor' s discretion and
sharing staff time with the school district and that this be done
within 90 days or less. Motion carried with Cncl . Sweeney opposed.
Sweeney/Clay moved to authorize the appropriate City officials to
enter into a purchase agreement with the Marquette Bank of Shakopee
for the purchase of real property located at 129 South Holmes
Street in Shakopee in the amount of $885 , 000 subject to the
provisions contained in the purchase agreement. Motion carried
unanimously.
Vierling/Sweeney moved to authorize staff to purchase a sickle
mower attachment out of the Capital Equipment Fund for a cost of
$1, 495 . 00 . (Motion approved under consent business) .
Clay/Sweeney moved to approve the bills in the amount of
$267 , 765 . 18 . Motion carried unanimously.
Clay/Vierling moved to direct staff to solicit proposals from
engineering consultants to prepare a Comprehensive Sanitary Sewer
Plan for the City of Shakopee and to explore the feasibility of
installing a trunk sewer in the Industrial Park and the feasibility
report for the South Shakopee Interceptor.
Discussion followed: Cncl . Clay asked how much money was left in
this fund to hire a consultant and what this particular committee
might cost us. Cncl . Sweeney had a problem with the hiring of
another consultant. Consensus was to look at the possibility of a
proposal from the City' s Engineering Department to do the work in
house, as well . Jon Albinson asked that this project not be
delayed any longer than it already has been delayed.
Motion carried with Cncl. Vierling opposed because of the add on of
asking staff to come back with a proposal .
Vierling/Sweeney moved to authorize the City Administrator to sign
the McKenna EAW report as required. (Motion approved under consent
business) .
Vierling/Sweeney offered Resolution No. 3379 , A Resolution
Declaring the Cost to be Assessed and Ordering the Preparation of
Proposed Assessments for Lewis Street, Between 4th Avenue and 10th
Avenue and Sommerville Street, Between Shakopee Avenue and 10th
Avenue, Project No. 1990-5 , and moved for its adoption. (Motion
approved under consent business) .
Proceedings of the April 16, 1991
Shakopee City Council Page -4-
Vierling/Sweeney offered Resolution No. 3381, A Resolution
Declaring Adequacy of Petition and Ordering the Preparation of a
Report for 11th Avenue, Dakota Street to Naumkeag Street, and moved
for its adoption. (Motion approved under consent business) .
Vierling/Sweeney offered Resolution No. 3382 , A Resolution
Accepting Bid on 5th Avenue, Between Spencer Street and Market
Street; Market Street, Between 4th Avenue and 7th Avenue; Main
Street from 6th Avenue to 5th Avenue, Project No. 1989-4 and Bluff
Avenue, Marschall Road to Naumkeag Street, Project No. 1990-7, and
moved for its adoption. (Motion approved under consent business) .
Vierling/Sweeney moved to approve a contingency amount of 15% for
use by the Project Administrator in authorizing change orders on
this project. (Motion approved under consent business) .
Vierling/Sweeney offered Resolution No. 3383 , A Resolution
Approving Plans and Specifications and Ordering Advertisement for
Bids for Jackson Street and Harrison Street, Between 11th Avenue
and 12th Avenue, Project No. 1991-2 , and moved for its adoption.
(Motion approved under consent business) .
Vierling/Sweeney offered Resolution No. 3384 , A Resolution
Approving Plans and Specifications and Ordering Advertisement for
Bids for Shumway Street, 3rd Avenue to 6th Avenue and Scott Street,
6th Avenue to 7th Avenue, Project No. 1991-1, and moved for its
adoption (Motion approved under consent business) .
Mayor Laurent called a 10 minute recess at 8 : 35 p.m.
Mayor Laurent reconvened at 8 : 45 p.m.
Vierling/Clay moved to offer Resolution No. 3385, A Resolution
Supporting the Timely Completion in the EIS Report for the I-35W
Project, and moved for its adoption. Motion carried unanimously.
The Goal Setting/Review session was set for May 1, 1991, from 5: 00
to 7 : 00 p.m.
Vierling/Sweeney moved to authorize the reduction of the letter of
credit for the Hiliwood Estates public improvements to $40, 000 . 00 .
(Motion approved under consent business) .
Dennis Kraft reviewed the recent telephone problems with the
receptionist ' s switchboard. He said they are presently in contact
with the repair man on getting the situation resolved.
Vierling/Sweeney moved to receive and file the letter from Mel and
Delores Lebens. (Motion approved under consent business) .
I
Proceedings of the April 16, 1991
Shakopee City Council Page -5-
Council adjourned to Executive Session at 9: 00 p.m. to discuss
collective bargaining.
Mayor Laurent re-convened the meeting at 9:27 P.M. and reported
that there was no action taken during the executive session.
The meeting was adjourned at 9:27 P.M.
�4/71,k
Ju ith S. Cox
C(ity Clerk
Carol Schultz
Recording Secretary
/ 6 ,
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Barry A. Stock, Assistant City Administrator
RE: Correspondence From Mr. Jack Van Remortel, Backstretch
Park and Campground
DATE: May 1, 1991
INTRODUCTION & BACKGROUND:
Attached is correspondence that was received from Mr. Jack Van
Remortel regarding the impact of the various highway projects on
the Backstretch RV Park. Shown in attachment #2 is a
correspondence from Mr. Dave Hutton, Public Works Director that
addresses some of the concerns expressed by MnDOT in regard Mr. Van
Remortel 's concerns.
The bottom line on this issue is similar to the Schmidt's
noise problem that the City experience last year. Does the City
Council want to be involved when this is a State project?
As a side note, Mr. Van Remortel has stated that he believes
the RV Park is worth $1.2 million. Basically, he has informed me
that the $1.2 million figure represents the present debt against
the property.
ACTION REQUESTED:
Discuss this issue and direct staff accordingly.
BAS/tiv
VANREMOR.TEL
8855 13th Avenue East
Shakopee, MN 55379
RV PARK
CAMPGROUND (612) 445-1044 4.
APRIL 17, 1991
HONORABLE GARY LAURENT, MAYOR
CITY OF SHAKOPEE
`tkP
129 1ST AVENUE EAST
SHAKOPEE, MN 55379 • OPei
RE: IMPACT OF HIGHWAY IMPROVEMENTS
ON BACKSTRETCH R.V. PARK
DEAR MAYOR LAURENT:
PER YOUR SUGGESTION DURING OUR DISCUSSION ON MARCH 12, 1991, I HEREWITH
PROVIDE WRITTEN CONCERN REGARDING THE IMPACT OF VARIOUS HIGHWAY PROJECTS ON
THE BACKSTRETCH R.V. PARK.
BEFORE GOING INTO THE DETAIL OF OUR POTENTIAL PROBLEMS, I WOULD LIKE TO
PREFACE WITH THE FACT THAT WHEN BACKSTRETCH WENT THROUGH THE CONDITIONAL USE
PERMIT AND CONSTRUCTION PROCESS BACK IN 1986, IT WAS ALL DONE WITH THE UNDER-
STANDING THAT WE WOULD BE LOCATED IN THE CORNER OF A "DIAMOND" TYPE INTER-
CHANGE OF THE "SHAKOPEE BY-PASS" AND COUNTY ROAD 18 (OLD #89) .
IN FACT, AS I WRITE THIS , MnDOT STILL HAS THE DIAMOND INTERCHANGE IN
THEIR PLANS KNOWING THAT THE SCOTT COUNTY PLAN FOR A "FULL-FLOW" INTERCHANGE
WILL SUPERSEDE THE MnDOT PLAN.
IT WAS WITH THE LONG RANGE PLAN OF HAVING DIRECT HIGHWAY ACCESS THAT
PROMPTED US TO MOVE FORWARD WITH OUR PROJECT. AS YOU CAN IMAGINE, DEALING
WITH OUT-OF-TOWN PEOPLE, ACCESS IS AS IMPORTANT AS LOCATION FOR OUR BUSINESS
TO SURVIVE.
UNTIL RECENTLY, WE HAD TWO MAJOR PROBLEMS WITH THE HIGHWAY RE-ALIGNMENT
PLANS. ONE CAUSED BY MnDOT AND ONE BEING CAUSED BY SCOTT COUNTY.
IN THE PAST WEEK, IT SEEMS LIKE THE METROPOLITAN COUNCIL HAS GOTTEN
THEIR "OAR IN THE WATER" AND WANT TO RESTRICT LOCAL ACCESS EVEN MORE THAN THE
PLANS CALL FOR NOW. THE FOLLOWING IS A DISCUSSION OF THE PROBLEMS ASSOCIATED
WITH THE CURRENT CONSTRUCTION PLANS AND I HAVE ATTACHED A PAGE AT THE BACK OF
THIS LETTER AS REFERENCE IN HELPING UNDERSTAND WHAT IS CHANGING AND JUST
WHERE:
/ 0 a✓
CITY OF SHAKOPEE
HONORABLE MAYOR LAURENT
APRIL 17, 1991
PAGE 2
MnDOT CONSTRUCTION OF THE SHAKOPEE BY-PASS
AT THE EAST END OF THE R.V. PARK, 13TH AVENUE ACCESSES HIGHWAY #101 AT
AN UNCONTROLLED INTERSECTION WITH A CROSS-OVER TO ACCESS WESTBOUND HIGHWAY
#101. THIS IS NOT A PRIMARY ACCESS, BUT IS USED BY THOSE FOLKS WHO MISS THE
TURN ON COUNTY ROAD 18, SEE THE R.V. PARK WHILE TRAVELING EASTERLY, AND GET
OFF ON 13TH AVENUE AND COME BACK. IT HAS TURNED OUT TO BE A MUCH USED ACCESS
FOR OUR CUSTOMERS.
THE ACCESS AND CROSS-OVER ARE BEING REMOVED WITH THE NEW CONSTRUCTION
AND THE TRAFFIC ON 13TH AVENUE WILL BE FORCED DOWN TO BOONE AVENUE TO GET
ACCESS TO HIGHWAY #101. THAT IS AN ADDITIONAL 1/2 MILE AWAY AND WE UNDER-
STAND THAT THE CITY OF SAVAGE IS ATTEMPTING TO CONTINUE 13TH AVENUE ALL THE
WAY TO HIGHWAY #13 AND ELIMINATE THE BOONE AVENUE CROSSING. (SEE REFERENCE
#1 ON THE ATTACHED MAP FOR THE TOPIC AREA) .
SCOTT COUNTY CONSTRUCTION OF COUNTY ROAD 18 INTERCHANGE WITH THE BY-PASS
AS MENTIONED PREVIOUSLY, THE ORIGINAL PLAN WAS FOR A "DIAMOND" TYPE
INTERCHANGE. CURRENT PLANS CALL FOR MnDOT TO DELETE THAT BRIDGE AND ALLOW
SCOTT COUNTY TO CONSTRUCT A "FULL-FLOW" TYPE INTERCHANGE APPROXIMATELY 1/3
MILE WEST OF THE EXISTING COUNTY ROAD 18.
IF THAT OCCURS, THE ONLY ACCESS THAT WE WILL HAVE, AT A CONTROLLED
INTERSECTION, WILL REQUIRE TRAVEL OF ABOUT ONE (1) MILE ALONG FRONTAGE TYPE
ROADS TO A LOCATION NEAR THE CURRENT MINNESOTA BUS COMPANY.
THIS AREA ACCESSES HIGHWAY #101 AND LEAVES SOME DIFFICULTY GETTING TO
EITHER HIGHWAY #18 OR THE BY-PASS. (SEE REFERENCE #2 ON THE ATTACHED MAP FOR
THE TOPIC AREA) .
METROPOLITAN COUNCIL ACTION
RECENTLY THE METROPOLITAN COUNCIL VOTED TO RESTRICT ACCESS TO COUNTY
ROAD #18 TO IMPEDE DEVELOPMENT WITHOUT ANY CONSIDERATION FOR THOSE OF US
ALREADY HERE. SO EVEN IF WE WERE TO GET AN ACCESS TO COUNTY ROAD #18 IN THE
AREA OF COUNTY ROAD #16 (TO THE SOUTH OF US), THE ACCESS TO (AND FROM) COUNTY
ROAD #18 WOULD BE BLOCKED OFF. THIS NOT IMPACTS THE R.V. PARK, BUT ALL
LOCAL BUSINESS IN THIS AREA. (SEE REFERENCE #3 FOR THIS TOPIC AREA) .
l oac.
CITY OF SHAKOPEE
HONORABLE MAYOR LAURENT
APRIL 17, 1991
PAGE 3
SUMMARY
WE HAVE BEEN IN COMMUNICATION WITH MANY PEOPLE, STARTING BACK IN DECEM-
BER, 1989, WHEN WE FIRST LEARNED THAT BERMS AND NOISE WALLS WERE TO BE CON-
STRUCTED AROUND US TO "PROTECT" US FROM NOISE.
WE HAVE COMMUNICATED THROUGH THE RANKS OF MnDOT UP TO, AND INCLUDING,
BILL CRAWFORD, TO NO AVAIL. WE HAVE COMMUNICATED WITH BRAD LARSON AT THE
COUNTY OFFICES, ALSO TO NO AVAIL.
IN FACT, I BELIEVE EVERYONE AGREES THAT WE HAVE A PROBLEM, IT'S JUST
THAT EVERYONE THINKS IT IS SOMEBODY ELSE'S PROBLEM TO ADDRESS. I WOULD
REALLY LIKE TO GET THIS RESOLVED BEFORE CONSTRUCTION DOLLARS ARE SPENT TO
WORK AROUND US.
THAT LEADS ME TO THE REASON I AM WRITING TO YOU. I WOULD LIKE TO
PRESENT OUR CASE TO YOU AND THE CITY COUNCIL AND HOPEFULLY SOLICIT YOUR HELP
IN GETTING ALL OF THE PARTIES TOGETHER TO RESOLVE OUR PROBLEM.
I KNOW IT WILL BE CHEAPER TO DO IT NOW, RATHER THAN AFTER THE FACT. I
APPRECIATE YOUR CONCERN FOR LOCAL BUSINESS AND LOOK FORWARD TO YOUR RESPONSE.
SINCERELY,
LnT4711(")
JAIK D. VAN REMORTEL
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MEMO TO: Gary Laurent
FROM: Dave Hutton
SUBJECT: Jack Van Remortal ' s Property
DATE: February 21, 1991
I have had some discussions with both Scott County and Mn/DOT staff
regarding Jack' s concerns on the impacts of the Shakopee Bypass and
Bloomington Ferry Bridge Projects on his campground. Jack' s
concerns are loss of access and the construction of noise barriers,
which he feels will have a negative impact on his campground.
Scott County has indicated that they will not purchase his property
because they will not be eliminating his existing access to
existing C.R. 18 nor is his property within the project limits.
Likewise, Mn/DOT will not purchase his property for the same
reason. Also, they must construct the noise barriers by State law
in order to obtain the Indirect Source Permit from MPCA.
The only other option that may be available would be for the City
to step in and buy Jack out and then possibly work out a deal with
Mn/DOT to be reimbursed. I don't know if this is even possible,
according to Mn/DOT regulations.
The City' s 1. 0 million dollar contribution on this project has been
essentially used up. There may be a substantial cost savings to
Mn/DOT ($200, 000 or higher) to be able to avoid constructing noise
walls if he were bought out.
Mn/DOT staff could not respond to me upon inquiry if the City could
be reimbursed for buying this property. It is not permissible by
existing policies, regulations and State laws. To get an answer
from Mn/DOT, they would need a written request from the City. Tim
Johnson, Mn/DOT Project Engineer for the Shakopee Bypass, was not
very optimistic on this proposal.
This issue is more of a political issue or policy issue that you
and the City Council would need to decide what, if any, the City ' s
involvement would be.
DH/pmp
CAMPGROUND
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MEMO TO: Dennis Kraft, City Administrator
FROM: Dave Hutton, Public Works Director ! / ,
SUBJECT: Adams Street/4th Avenue
DATE: May 1, 1991
INTRODUCTION:
Attached is Resolution No. 3393 , a resolution adopting assessments
for Adams Street/4th Avenue, Project No. 1990-3 .
BACKGROUND:
The Adams Street/4th Avenue Project has been completed and all
project costs identified. As presented at the public hearing
ordering this project, 100% of the total project costs will be
assessed to the abutting property owners.
The final project costs are $208 , 305. 26 and can be summarized
below:
Total Construction Costs $158, 415. 30
Total Admin./Engr. Costs 49 , 889 .96
Total Project Costs $208,305.26
The total project costs had been estimated at $226, 300. 00 in the
feasibility report. The final project costs are 8% below the
estimated costs.
The final assessment rate for Adams Street is $74 . 61 per front foot
as compared to the estimated assessment rate of $79 . 07 per front
foot. For 4th Avenue, the final assessment rate is $57 . 94 per
front foot as compared to the estimated assessment rate of $57 . 06
per front foot. All corner lot adjustments were applied as
recommended in the feasibility report.
The following table summarizes the assessed/non-assessed portions
of each project.
Assessed Non-Assessed Total Cost
4th Avenue $ 24 , 591.79 $42 , 925. 68 $ 67,517.57
Adams Street $101, 505. 99 $39 , 281. 80 $140,787.79
Totals $126,097 .78 $82,207 .48 $208,305.26
1 !
ALTERNATIVES:
1. Adopt Resolution No. 3393 .
2 . Deny Resolution No. 3393 .
RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Offer Resolution No. 3393 , A Resolution Adopting Assessments on
Adams Street, Between 6th Avenue and 3rd Avenue and 4th Avenue,
Between Adams Street and Harrison Street, Project No. 1990-3 and
move its adoption.
DH/pmp
MEM3393
1 )
RESOLUTION NO. 3393
A Resolution Adopting Assessments
For Adams Street, Between 6th Avenue and 3rd Avenue
And 4th Avenue, Between Adams Street and Harrison Street
Project No. 1990-3
WHEREAS, pursuant to proper notice duly given as required by
law, the City Council of the City of Shakopee met and heard and
passed upon all objections to the proposed assessments of:
Adams Street, between 6th Avenue and 3rd Avenue and 4th
Avenue, between Adams Street and Harrison Street by pavement,
curb & gutter and storm sewer construction.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA:
1. That such proposed assessment together with any amendments
thereof, a copy of which is attached hereto and made a part hereof,
is hereby accepted and shall constitute the special assessment
against the lands named herein and each tract therein included is
hereby found to be benefitted by the proposed improvements in the
amount of the assessments levied against it.
2 . Such assessments shall be payable in equal annual install-
ments extending over a period of ten (10) years, the first
installment to be payable on or before the first Monday in January,
1992 , and shall bear interest at the rate of 8 . 0 percent per annum
from the date of the adoption of this assessment resolution. To
the first installment shall be added the interest on the entire
assessment from the date of this resolution until December 31,
1992 and to each subsequent installment when due shall be added the
interest for one year on all unpaid installments.
3 . The owner of any property so assessed may, at any time
prior to certification of the assessment to the County Auditor, pay
the whole of the assessment on such property, with interest accrued
to the date of payment, to the City Treasurer, except that no
interest shall be charged if the entire assessment is paid within
thirty (30) days from the adoption of this resolution; he may
thereafter pay to the County Treasurer the installment and interest
in process of collection on the current tax list, and he may pay
the remaining principal balance of the assessment to the City
Treasurer.
I)
4. The Clerk shall file the assessment rolls pertaining to
this assessment in her office and shall certify annually to the
County Auditor on or before October 10th of each year the total
amount of installments and interest which are to become due in the
following year on the assessment on each parcel of land included in
the assessment roll.
Adopted in session of the City Council of the City
of Shakopee, Minnesota, held this day of , 19 .
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
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MEMO TO: Dennis R. Kraft, City Administrator
FROM: Barry A. Stock, Assistant City Administrator
RE: Administration Budget Amendment (Cable Program) -
Resolution No. 3389
DATE: April 23, 1991
INTRODUCTION:
Upon reviewing the Cable Company's request for deferrals, it
became apparent to the Cable Commission that the Access Corporation
was in need of additional funding to upgrade public access studio
equipment. In light of the cable rate increase that went in to
effect on January 1, and with the introduction of pay per view
movies and events, cable franchise fees are expected to exceed what
was projected for 1991 by over $12, 000. 00. It is the Cable
Commissions desire to have the additional proceeds generated by the
increased franchise fees dedicated to public access. They are
therefore recommending to City Council that the administration
budget within the City's general fund be amended accordingly.
BACKGROUND:
The City of Shakopee began monitoring cable related expenses
in 1981. The Cable Communications budget was established as a
separate division within the City's general fund. In 1982 , the
cable franchise was awarded to Zylstra-United Cable Television. It
wasn't until 1983 that the City actually received any funding from
the cable operator to offset administrative costs incurred in
establishing the cable system. Shown in Attachment #1 is a Cable
Fund Budget Analysis. Note that up until 1988 the cable fund
balance was operating in the negative. In 1988, Cable
Communications as a separate division within the general fund was
eliminated. At that time, cable was established as a program
within the administrative division of the general fund.
Since 1988, cable franchise fees have exceeded administrative
related expenses. This was primarily due to the fact that the
administrative staff time involved in monitoring the cable
franchise ordinance has been fairly minimal and the amount of
funding dedicated to public access has maintained fairly consistent
(approximately $18, 000. 00 per year) . At the same time, cable
franchise fees have been increasing steadily. In 1990, cable
franchise fees exceeded actual cable related expenses by
approximately $8, 000.00. These additional proceeds were placed in
the City's general fund.
When staff prepared the 1991 budget, we were not aware of the
pending cable rate increase. Additionally, we were not aware of
the cable company's desire to expand pay per view services.
Therefore, the projection for franchise fees to be recovered in
1991 was comparable to what was budgeted in 1990. (Approximately
$26,000. 00) Franchise fees for the first quarter of 1991 came in
at approximately $7800. 00. Staff would like to note however that
the cable rate increase only applied to one of the three months in
the first quarter. Based on increased pay per view offerings,
increased rates and an increase in the subscriber base, the
Commission is confident that franchise fees will exceed $35, 000.00
in 1991. Therefore, the Cable Commission believes it would be
appropriate to request City Council to consider amending the
administration division within the City's general fund increasing
the professional services line item by $12 , 000. 00. These dollars
could then be passed on to the Access Corporation for public access
studio equipment related expenses. Keep in mind that the
approximately $18, 000. 00 that has been passed on to the Access
Corporation in the past has been used for studio staffing expenses.
The Cable Communications Policy Act of 1984 affirmed previous
Federal Communications Commissions (FCC) rules specifying that
franchise fees collected by a franchising authority must be
utilized for cable related expenses incurred by the franchising
authority.
This law would tend to support an amendment to the
Administration Division and cable program within the City's general
fund.
Shown in Attachment #2 is Resolution No. 3389 which would
effectuate the aforementioned amendment. In light of the condition
of some of the public access studio equipment, Federal Law and the
unexpected increase in cable franchise fees, the Cable Commission
believes it would be appropriate to amend the administration
division within the City's general fund as outlined herein.
ALTERNATIVES:
1. Offer Resolution No. 3389, adopting the 1991 budget and
increasing the professional services category within the
Administration Division (cable program) by $12, 000.00.
2. Do not recommend that the administration division within the
City's general fund be amended at this time.
3. Table action pending further information from staff.
STAFF RECOMMENDATION:
Staff recommends Alternative #1.
ACTION REQUESTED:
Offer Resolution No. 3389, adopting the 1991 budget and
increasing the professional services category within the
Administration Division (cable program) by $12, 000. 00, and move its
adoption.
BAS/tiv
TAMI\ADMIN\CABLEINC.MEM
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lya.
RESOLUTION NO. 3389
A RESOLUTION AMENDING RESOLUTION NO. 3309 ADOPTING THE 1991 BUDGET
WHEREAS, the City Council has adopted a budget for the fiscal
year, and
WHEREAS, changing conditions and circumstances warrant
amending the budget,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, that the accounts are changed as follows:
Administration Division of the General Fund, Account A319, ,
Professional .SeFvicelp hereby increased by $12, 000.00. t,) 1?5/4-,44,..0
Ad pted in Adjour e gular Session of the City Council of
the City of Shakopee, Minnesota, held this day of May, 1991.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form.
City Attorney
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Barry A. Stock, Assistant City Administrator
RE: Downtown Revitalization Plan Update
DATE: April 24, 1991
INTRODUCTION:
Several months ago the Downtown Committee discussed the need for
replacing parking as a result of the Mini Bypass project. That
discussion prompted a discussion on the need for additional
planning assistance to update the Downtown Revitalization Plan.
The Community Development (CDC) is recommending that following the
acquisition of the parking lot behind City Hall the City solicit
proposals from consultants to complete an update of the Downtown
Revitalization Plan.
BACKGROUND:
The Downtown Revitalization Plan was completed in 1984. The 1984
Revitalization Plan provided the impetus for pursuit of the
Downtown Mini Bypass and Redevelopment Project.
With the impending completion of the Mini Bypass in sight, the
Downtown Committee and CDC believe there are several issues that
should be addressed from a planning perspective in regard to the
development of the downtown area. Following is a list of work
tasks that either a consultant or City staff should be considering
within the next year. Please note that several of the items listed
below were included in the City' s 1991 Strategic Plan.
1. Analyze the existing downtown characteristics such as land
use, structures, traffic, parking, housing and building
conditions to determine opportunities and constraints within
the downtown area.
2 . Prepare a market analysis to determine the potential economic
demand for various business and new residential development
within the downtown area.
3 . Prepare an alternative overall development plan for the
downtown area which graphically portrays development potential
and development objectives.
4 . Formulate an overall development plan for new development,
business development and rehabilitation.
5. Prepare a detailed operations plan including land use program
and parking program.
6. Explore and propose design alternatives for each of the three
critical entry points off the Mini Bypass.
7 . Amend the B-3 Zoning Ordinance to coincide with the findings
set forth in the Revitalization Study update.
iy
8. Evaluate the potential development and improvement
alternatives for Huber Park to facilitate access to the river
from the downtown area.
9. Explore design alternatives to improve the rear sides of the
properties facing the downtown Mini Bypass.
It appears that the study could be completed within a six month
time period at a cost estimate between $20, 000 and $25, 000. (See
quote as attached. )
Staff would like to point out that both the CDC and Downtown
Committee share Council 's concern regarding the budget and the use
of consultants. However, given the specific focus of the proposed
study and expertise required to complete such a study as well as
the immediacy involved in determining if alterative off-street
parking should be pursued, both parties believe the need for such
a study is real and timely. Both parties recognize that the
possible funding source for this study is conditioned upon the sale
of the City parking lots. Furthermore, both parties believe that
a portion of the funds from said sale should be redirected at the
Downtown area.
ALTERNATIVES:
1. Recommend to City Council that the appropriate City officials
be authorized to solicit proposals for updating the Downtown
Revitalization Plan and acquisition of the parking lot
property by Mn DOT.
2 . Make suggestions either amending work tasks as specified or
adding additional work tasks and recommend to the City Council
that the appropriate City officials be authorized to solicit
proposals for updating the Downtown Revitalization Plan
following the acquisition of the parking lot property by Mn
DOT.
3 . Table action pending further information from staff.
4. Table action on obtaining proposals until the parking lot
property is acquired by Mn DOT.
4 . Do not update the Downtown Revitalization Plan at this time.
STAFF RECOMMENDATION:
Staff recommends alternative #1.
ACTION REQUESTED:
Recommend to City Council that the appropriate City officials be
authorized to solicit proposals for updating the Downtown
Revitalization Plan and following the acquisition of the parking
lot property by Mn Dot.
AU: REVDOWN
APR-10-'.991 15:25 FROM WESTW00D PROF. SERVICES TO 4456718 P.02
Westwood Profession; Services, Inc.
14180 Trunk Hwy 5
DOWNTOWN REVITALIZATION PROJECT UPDATE Eden Pr9irie, M;,55344
612-937-5150
PRELIMINARY PROJECT COST ESTIMATE
SHAKOPEE, MINNESOTA FAX 612.937.5822
INTRODUCTION
Based on the March 19, 1991 , letter from Barry Stock to the Downtown Committee,
the following approach is proposed. The fees are "ballparked, " that is, without
the benefit of a detailed task breakdown. More detailed studies cost more than
listed, but if the entire project can be processed simultaneously, there are
some economies. The quantity of Downtown Committee meetings and public
presentations could add 1 , 2 or $3,000 to the project cost.
ESTIMATED COSTS
The Central Task - Downtown Redevelopment Plan
1 . Market Study by others, not WPS
2. Provide overview and analysis of opportunities $ 1 ,000
3. Conduct Land Use and Parking Study $ 3,300
4 . Organize a Redevelopment Concept $ 3,500
5. Prepare an illustrative master plan $ 2,200
SnTOTAL S10,000
Peripheral (or Optional) Tasks
6. Entry Points Study $ 1 ,500
7. Revise B-3 Ordinance $ 2,500
8. Study Riverfront area (Huber Park) $ 2,000
9. Design Recommendations - Building "Rears" $ 3, 000
SUBTOTAL $ 9,000
MEETINGS
For example, 2 meetings per month at 2.5 hours per meeting and over an 8-month
duration, by a senior planner/engineer or traffic specialist, is $60-$80/hour.
An estimated meetings budget would be:
2 (meetings/mo. ) x 2.5 (hours/meeting) x 8 months x $70/hour (an average
hourly charge rate for a senior resource person) _ $2,800 in meeting time.
SUMMARY
The basic study can be achieved for $10,000 to $12,000 plus the market study.
The optional tasks could add another $10,000 to the fees. If you add tasks,
they can be added somewhat less expensively than what we can remove if tasks are
eliminated. In other words, the startup costs are already covered in the basic
services, so adding work allows some efficiencies. Conversely, if you
commission any of the "Optional" tasks separately to the project (after the
basic tasks are complete) the fees may be higher than estimated here as part of
a complete package because additional meetings would be involved.
Please let us know if we can advance this as a legitimate proposal with a more
detailed task/cost breakdown.
t.e. 4-10-91
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerk
RE: Application for Liquor Licenses - MIN Hotel Corp.
DATE: May 2 , 1991
INTRODUCTION:
The City has received applications for on sale and Sunday
intoxicating liquor licenses from MIN Hotel Corp.
BACKGROUND:
MIN Hotel Corp. is purchasing the Canterbury Inn from
Centennial Investment Corporation around May 15th. They have
completed the appropriate applications for on sale and Sunday
intoxicating liquor licenses. The police department has done the
customary background investigation and recommends approval, see
attached. I have not yet received the certificate of insurance
showing the required liquor liability coverage. I understand that
I will be receiving it on Tuesday. Assuming that the insurance is
in order, Council may act on the applications. Everything will
then be in order.
The business will continue to operate under current ownership
until sold. Upon the sale, the existing liquor licenses must be
surrendered and the new licenses may then be delivered to the new
owners.
RECOMMENDED ACTION:
Approve the applications and grant on sale and Sunday
intoxicating liquor licenses to MIN Hotel Corp. , 1244 South
Canterbury Road upon surrender of the existing licenses within
three weeks.
/3 444--
TO: Judy Cox, City Clerk
FROM: Tom Steininger, Chief of Police
SUBJECT: Liquor License Application
DATE: 05 01 91
INTRODUCTION:
Pursuant to your request, this department has conducted a
background investigation into the liquor license application from
MIN Hotel Corp.
BACKGROUND:
Detective Nosbusch checked into the parts of the application that
it seems logical to verify and they all seem to be in order.
His investigation disclosed nothing to warrant denial of the
application.
ALTERNATIVES :
1. Approve the application.
2 . Deny the application.
RECOMMENDATION:
Approve the application of MIN hotel Corp for a Liquor License at
Canterbury Inn.
5-1-91
LIQUOR LICENSE APPLICATION
CANTERBURY INN
APPLICANTS FOR THIS LICENSE ARE, DON & KATHIE DREISKE, AND
PATRICIA HARRINGTON. THIS LICENSE IS BEING APPLIED FOR BY THE
CORPORATE NAME OF MIN HOTEL CORP. THE THREE APPLICANTS ARE
HOME OFFICED IN NORMAN OKLAHOMA. THE ARE CURRENTLY OWNERS,
OPERATORS OF HOTELS IN TEXAS, AND OKLAHOMA.
A BACKGROUND HAS BEEN CONDUCTED INTO THE THREE APPLICANTS .
THE RESULTS OF THE BACKROUND SHOWS NO CHARACTERISTICS THAT
WOULD INDICATE DENYING THIS APPLICATION.
DON BISEK
SHAKOPEE POLICE
D .R.D . ENTERPRISES , INC . J 3 Q/
PROPERTIES OWNED AND PROPERTIES OPERATED
PROPERTIES OWNED
Holiday Inn, Hutchinson, Kansas
218 Units
Holiday Inn, Sioux Falls Airport
• 202 Units
Holiday Inn, Wichita, Kansas
192 Units
Canterbury Inn, Shakopee, Minnesota 175 Units
PROPERTIES OWNED AND OPERATED
Holiday Inn, Ponca City, Oklahoma
139 Units
Holiday Inn, Port Arthur, Texas
165 Units
Comfort Inn, Amarillo, Texas
113 Units
Stratford House Inn, Midwest City, OK
40 Units
PROPERTIES OPERATED
Feb. 1991 Ramada Inn, So. Oklahoma City, OK 120 Units
to
Present Operate
Resolution
FederalCSaovingsl&nLoanacting
as receiver for
Kankakee, IL
40 Units
Sep. 1988 Victorian Inn, Waco, TX 40 Units
to Victorian Inn, Paris, TX Nacogdoches, TX 40 Units
Sep. 1990 Stratford House Inn,
Operated for Continental Federal Savings er,Loan0 .
Oklahoma City, OK, until sold in Sep
Jan. 1989 Ramada Inn, Batesville, Arkansas 123 Units
to
July 1989 Operated for David Boerner, acting as receiver
for Crest Federal Savings & Loan, Kankakee, IL
July 1987 Talavera Hotel, Wichita, Kansas
50 Suites
to
Nov. 1987 Operated for Worthen Bank, Little Rock, Arkansas
Memo To: Dennis Kraft, City Administrator
From: Mark McQuillan, Program Supervisor
Subject : Hauer's 4th Edition Tot Lot
Date: April 30, 1991
INTRODUCTION
On February 19. 1991 the Shakopee City Council approved the construction of a Tot
Lot on Lot 24 Block 5 in Hauer's 4th Edition as part of the 1991 Parks Capital
Improvement Program. The park is located on the southwest corner of Diamond Court
and Emerald Lane. Staff is requesting authorization to purchase playground equipment
for this project.
BACKGROUND
Three playground equipment suppliers were contacted for prices on playground
equipment that will be installed on the Hauer's 4th Edition Tot Lot. Proposals were
submitted by Earl F. Anderson and Associates, Bob Klein and Associates and Community
Recreation and Sports Products, Inc. The supplier is responsible for installing its
equipment and those cost were to be included in their quote. Each supplier was also
asked to supply the following information:
* Warranty of Equipment
* Proof of Product Liability Insurance
* Approval of U. S. Product Safety Standards
* Conceptual drawing
EVALUATION PROCESS
Three categories were used in the selection process; price, the number of pieces of
equipment and creativity, design and safety.
Price 1/3-
Number of pieces of equipment 1/3--weighted score
Creativity, Design, Safety 1/3-
A point value rating of 3-2-1 was assigned to each category. For example, the
supplier with the lowest price was given 3 points, the second lowest 2 points and
the higher of the three received one point.
A committee of five people evaluated the creativeness, safety and design of each
proposal. Each evaluator used a rating system score of 1 to 10 with 10 being on the
high end of the scale and 1 being on the lower end of the scale. An average was used
in the final determination. CREATIVITY
DESIGN
RATING FINAL RESULTS PRICE * OF PIECES SAFETY
8 Pte Bob Klein & Associates $ 9,967 (3) 17 (2) 7.98 (3)
5 Pts Earl F. Anderson & Assoc. $10,000 (2) 17 (2) 7.82 (1)
7 Pte Com. Recreation & Sports Prod.$10,000 (2) 19 (3) 7. 16 (2)
RECOMMENDATION
Staff recommends purchasing playground equipment for the Hauer's 4th Edition Tot Lot
from Bob Klein and Associates.
Funding source: Park Reserve Fund.
Budgeted: $15, 000. ($2000. will be used for landscaping purposes)
ALTERNATIVES
1) Approve the request.
2) Deny the request.
3) Table the request for further study.
PARK AND RECREATION ADVISORY BOARD RECOMMENDATION
At its April 29, 1991 meeting, the Park and Recreation Advisory Board recommended to the
City Council to authorize staff to purchase playground equipment from Bob Klein And
Associates for the Hauer's 4th Edition Tot Lot.
The Advisory Board also recommends purchasing 3 benches to be placed by the Tot Lots at
Holmes Park, Hiawatha Park and Stens Park. ($191 each unit)
RECOMMENDED ACTION:
Authorize the purchase of playground equipment and three benches from
Bob Klien and Associates for the Hauer' s 4th Addition Tot Lot in the
amount of $10, 540 .00.
lac
Memo to: Dennis Kraft, City Administrator & Members of the City Council
From: Mark McQuillan, Program Supervisor
Subject : Development of Eastside Park
Date: April 30, 1991
Introductionroved the 1991 5
At its February 19, 1991 meeting, the Shakopee City Council app
year Parks Capital Improvement Program including the developing of Eastside park
adjacenthis
ark
was
to tpepkinee thatnior High neighborhoodool.haveTbeenpwaitingdnearlycasilonglfor1 eits
ago, andd the people
ple
to be developed.
Background
In 1988, the City of Shakopee was successful in acquiring a matching LAWCON Grant
totaling $ 43, 800. to develop the Eastside Park. Included in the Master plan for
the park is grading and seeding, a basketball court, volleyball court, arhil ockeyd
y
rink, a general skating rink, playground equipment, a warming house,
a parking lot. Grading and seeding was completed last fall when the eastside
portion of the Upper Valley Drainage Project was consummated.
When application for the LAWCON Grant was made, the
heooriginal plan iginal planecalledofore new
moving the current warming house building,
Eastside Park. The projected cost for relocating the warming house is
approximately $ 18, 000. Shown below are the estimated cost for developing
Eastside Park. $ 17 930. (Actual)
Grading seeding (1990)
Warming House 18, 000.
Basketball Court 2, 000.
Volleyball Court 170.
Hockey rink 2, 700.
Playground equipment 3, 000.
Total $ 43, 800.
Parking Lot/Trail $ 33, 000. (not included in Grant)
Staff suggested, at the January 21, 1991 Park and Recreation Advisory Board
meeting, that it may make more sense to build a new warming house structure (with
restrooms and picnic shelter) than moving the current structure. The existing
warming house does not have rest room facilities or a picnic canopy.
Other Considerations
1) The present shelter is essentially an old barn building which was moved
the help of neighborhood volunteers from Eden Prairie. Currently, one half of
the building is used as a warming house and the other half to store football
equipment (blocking sleds and dummies) and some machinery.
2) The cost to construct a new warming house with restrooms is estimated to be a
modestty
d
$ 39lalso have apicnic canopy similar to that ofHolmes s
0p $ 6c0. to hook up to irnrPark i(see
shelter will
illustration).
3) Aesthetically, the current barn like structure does not conform to building
design in the neighborhood. In other words, it could be perceived as an "eye
sore. "
esent
cation to be use
4> The current warming housecould be left at its education classes and foro storage of their by
the Jr. High School's
physical
equipment.
/ 3C'
5) Users of the Upper Valley Drainage trail system will have easy access to the
restrooms. There will be outside and inside entrances to the restrooms.
A new shelter building at Eastside Park will increase the entire park project
cost by about $ 28, 000. not including the parking lot or trail. A parking lot
was not included with the original park grant proposal. Staff is recommending
that the parking lot cost be paid out of the City's Capital Improvement Fund
and the trail ($8,000) be paid out of Park Reverve Funds. The estimated cost
for the parking lot is $ 25,000.
* The Park Reserve Fund shows a projected fund balance at the end of the year
of $ 280,740.
* The City's Capital Improvement Fund shows a projected fund balance at the end
of the year of $1, 471, 149.
Summary of additional requests
New Warming House/Shelter $ 28,000.
Bike Trail 8,000.
Park Reserve Fund $ 36,000.
Parking Lot $ 25,000.
(City's CIF)
Alternatives
1) Recommend to the City Council to approve the bid letting and construction of a
new warming house/picnic shelter for Eastside Park utilizing additional Park
Reserve Funds, not to exceed $ 36,000 and that the parking lot cost be paid
out of the City's Capital Fund,not to exceed $ 25,000.
2) Deny the request for a new building at Eastside Park and continue with the
original plan to move the current structure on School property to the new
park.
3) Table the request for further study. This will of course, further delay andy
development of Eastside Park.
PARK AND RECREATION ADVISORY BOARD RECOMMENDATION
At its April 29, 1991 meeting, the Park and Recreation Advisory Board
recommended that the City Council approve the bid letting and
costruction of a new warming house/picnic shelter for Eastside Park
utilizing additional Park Reserve Funds, not to exceed $36, 000. and to
recommend that the parking lot cost be paid out of the City's Capital
Improvement Fund, not to exceed $25, 000.
ACTION
Approve the authorization to advertize for bids to construct a new
warming house/shelter for Eastside Park utilizing additional Park
Reserve Funds, not to exceed $36, 000. ; and to approve that the parking
lot cost be paid out of the City's Capital Improvement Fund, not to
exceed $25, 000.
6b.4
PARR RESERVE FUND PROJECTIONS 1)
1989 1990 1991
Actual Actual Budget
Revenue
Park Dedication Fee $ 16,970 $ 143,942 $ 25, 000
State Grant 27,490 21, 900
Interest 13 , 671 19, 054 10, 000
Contributions 11,200 56, 669 40, 000
`Total Revenues 69, 331 219, 665 96,900
Expenditures
Hauer's 4th Equipment 15, 000
O'Dowd Trail
Eastside Develop (JEJ) 15, 00
Riverside Improvements 10, 870 17,930 25,8800
Lion 's Park Trail Extension 40, 000
River Overlook 5, 238
Tahpah Lighting 93, 207
Hiawatha Upgrade Equipment 9, 993
Holmes Park Equipment 9, 986
Total Expenditures & Transfers 36, 087 111, 137 95, 800
Excess (deficiency) of Revenues
Over Expenditures $ 33, 244 $ 108, 528 $ 1, 100
Reserved for Land Acquisition $ 124 , 369 $ 167 , 780 $ N\A
Unreserved (60%) 46, 743 111, 860 N\A
Fund Balance December 31 $ 171, 112 $ 279, 640 $ 280, 740
lj �
iiropolial Page Nc. of Page.:
4
6b. 3
MONNENS CUSTOM BUILDERS, INC.
1250 Emerald Lane
SHAKOPEE, MINNESOTA 55379
(612) 496-0921
1 PROPOSAL StIBMITTED TO PHONE // DATE
STRECT / YS /Ci� y_
7/ is
JOB NA r
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Ij CITY. STATE AND ZIP C0� JOB LOC'AM'.
<'H;TECT DATE Or Pt ANS "'J`
IJUB PHONE !•
'..,f hereby submit specifications and est,'-cites fc, - -' -
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Er tirapniw hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: F
7 , / «-- 4ollars ($ /� - 7 �)
Payment to b•"made as follows: / .3 5,-0 e-) ,, 1,4.r?...el'
3 - _.
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t An material is guaranteed to be as specified All work to be completed in a workmanlikepractices /'— ���
t3 manner according to alterationstandard practices Any or deviation from above Authorized
AuthO2ed ' I I
i bons involving extra costs will be executed only upon written orders. and will become an Signature
Iextra charge over and above the estimate All agreements contingent upon strikes.accidents 1
or delays beyond our control.Owner to carry bre.tornado and other necessary insurance te:This proposal may be 7& 1
Our workers are fully covered by Workmen's Compensation Insurance withdrawn by us if not accepted within days. `,
_"rrtptanrr of Proposal-The above prices. specifications
and conditions are satisfactory and are hereby accepted. You are authorized Signature
to do the work as specified.Payment will be made as outlined above.
Signature t
.,,tn of ArY ntanre _-____. . ._
ee
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':.F;i:i i:i F ONLY:,
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Bid to the following:
•
1 . Standard 2"x4" wood frame construction 16" on center, 9' ceiling height
2. 1/2" exterior built-rite sheating, brick veneer 42" in height, remainder
metal siding, metal soffit and facia.
3. All exterior and interior doors and frames to be 3.0' x 6.8" hollow metal.
4. Floors to be 4" concrete, burnished finish.
5. Bathroom floors to be 1/8" asphalt tile, commercial grade.
6. Warming house walls to be insulated, faced with 1/2" plywood, painted.
7. Warming house ceiling to be 12" insulation, faced with 1/2" plywood, painted.
8. Warming house floors to be concrete, sealed.
9. Roof to be standard 40# truss rafters, 1/2" plywood sheathing, 240 .asphalt
shingles, gable style roof.
10. 125 amp. electrical service, outlets to code, six 4 tube flourescent lights
in warming house, one 4 tube in each restroom, six recessed lights in shelter
area.
11. Shelter area ceiling not to be insulated, faced with 1/2" exterior grade plywood
12. Footing/foundattion, 8" C/B, insulated, 42" in depth for warming house and bath
room only, shelter area to be 12" concrete post holes under supporting members,
4" concrete floating slab on grade.
13. Bid two casement type windows for warming house, location and size to be determined
later.
PLUMBING BY OTHERS.
14. Bathroom walls to be water proof drywall with glass board.
15 Bathroom lights to be 4 tube fluorescent, 4 ' , one each.
13
U
F; F 1..-1 11 I.. .11...
�L
4::
Bid to the following:
•
1 . Standard 2"x4" wood frame construction 16" on center, 9' ceiling height
2. 1/2" exterior built-rite sheating, brick veneer 42" in height, remainder
metal siding, metal soffit and facia.
3. All exterior and interior doors and frames to be 3.0' x 6.8" hollow metal.
4 . Floors to be 4" concrete, burnished finish.
5 . Bathroom floors to be 1/8" asphalt tile, commercial grade.
6. Warming house walls to be insulated, faced with 1/2" plywood, painted.
7. Warming house ceiling to be 12" insulation, faced with 1/2" plywood, painted.
8. Warming house floors to be concrete, sealed.
9. Roof to be standard 4011 truss rafters, 1/2" plywood sheathing, 240-asphalt
shingles, gable style roof.
10. 125 amp. electrical service, outlets to code, six 4 tube flourescent lights
in warming house, one 4 tube in each restroom, six recessed lights in shelter
area.
11 . Shelter area ceiling not to be insulated, faced with 1/2" exterior grade plywood
12. Footing/foundattion, 8" C/B, insulated, 42" in depth for warming house and bath
room only, shelter area to be 12" concrete post holes under supporting members,
4" concrete floating slab on grade.
13. Bid two casement type windows for warming house, location and size to be determined
later.
PLUMBING BY OTHERS.
14 . Bathroom walls to be water proof drywall with glass board.
15 Bathroom lights to be 4 tube fluorescent, 4 ' , one each.
MEMO TO: Dennis Kraft, City Administrator
FROM: Dave Hutton, Public Works Director
SUBJECT: Meadows Subdivision Reimbursement 6ve,/
DATE: May 6, 1991
INTRODUCTION:
Staff has received a request from Gold Nugget Development, Inc. for
reimbursement associated with constructing an oversized culvert for
the Meadows 5th Subdivision.
BACKGROUND:
The Upper Valley Drainage Channel passes through the Meadows
Subdivision. Gold Nugget Development is submitting the final plat
of the Meadows 5th Addition to Planning Commission for approval on
May 9, 1991. If approved, the final plat will be submitted to the
City Council for approval on May 21, 1991.
One of the local streets in this proposed plat, Goldenrod Lane,
crosses the Upper Valley Drainage Channel. The final plat is
essentially the same as the preliminary plat which was approved by
the City Council several years ago.
Because Goldenrod Lane crosses the Upper Valley Drainage Channel,
a fairly substantial larger culvert is needed, namely two 3 ft. x
6 ft. culverts.
The developer has submitted correspondence to staff (attached)
indicating that they feel that this culvert is oversized due to the
drainageway and is requesting reimbursement for this oversizing.
The developer indicates that if they were to install a culvert to
handle the stormwater runoff for the entire Meadows Subdivision, a
single 48" culvert would be sufficient.
The difference in cost between the two culverts is as follows:
2 - 3 ' x 6 ' culverts $52, 000. 00
(Including specialty manhole)
1 - 48" culvert 12, 000. 00
Difference $40, 000. 00
Gold Nugget Development is now requesting reimbursement for this
$40, 000. 00.
If the developer is denied this request, he has indicated that he
would like to revise his plat to avoid crossing the channel. Staff
has reviewed the proposed revision of the plat and finds it to be
acceptable. The Planning Commission will be reviewing the revision
on May 9, 1991.
ALTERNATIVES:
1. Approve the reimbursement request.
2 . Approve the reimbursement request contingent on the Planning
Commission approval of the final plat.
3 . Deny the reimbursement request.
4. Table the request until after the May 9, 1991 Planning
Commission.
RECOMMENDATION:
The City of Shakopee, in constructing the drainage channel, has
taken the position that the cost for crossing the channel with any
streets due to development would be born by the developer. But in
all other cases, with the exception of the Meadows, the City has
constructed the drainage channel at no expense to the abutting
property owners.
The Meadows Subdivision is an exception in that Gold Nugget
Development has constructed the channel and associated storage
ponds. To date, a total amount of $43, 100. 00 has been spent by the
developer to construct the channel within his development.
To the extent that the developer has expended $43, 100.00 for the
channel, when other developers will not have to expend any money
for the channel, staff feels that the reimbursement request of
$40, 000. 00 is somewhat justified. But there are some benefits to
the developer for having a drainage channel to provide an outlet
for his stormwater. Without it, the developer would undoubtedly
incur some additional costs for stormwater conveyance anyway.
Therefore, staff recommends some reimbursement, but not the full
$40, 000. 00 as requested. Any reimbursement approved would be
included in the developer's agreement.
Since submitting the reimbursement request, the developer is
leaning more and more towards avoiding the crossing altogether by
revising his plat. But prior to discussing the plat revision with
the Planning Commission, the developer would like to know what the
City Council 's position is on any reimbursement.
ACTION REQUESTED:
Move to approve of a reimbursement in the amount of , for
culvert oversizing on Golden Road Lane associated with the Upper
Valley Drainageway in the Meadows 5th Addition, contingent on the
final plat approval by the Planning Commission.
,** id
PIONEER CMI Engineers • Land Planners • Land Surveyors • Landscape Architects
* engineering
April 11, 1991
Mr. David Hutton, P.E.
Director of Public Works
City of Shakopee
129 East 1st Avenue
Shakopee, Minnesota 55379
RE: The Meadows 5th Addition
P.E. Job # 90227
Dear Dave:
We are writing on behalf of Gold Nugget Development, Inc., requesting
consideration for cost sharing in the drainage structure underneath Goldenrod
Lane.
We offer the following comments for your consideration:
1. It is our understanding that on the preceding and future drainage
improvements relative to this drainage way that the City of Shakopee has
both designed and constructed the drainage facility without cost to the
adjacent properties.
Within the meadows these improvements have both been designed and
constructed by Gold Nugget Development, Inc., and then when complete given
to the City of Shakopee for ownership at no direct cost to the City of
Shakopee.
2. We believe this drainage facility to be a trunk facility in that it serves
drainage interests of considerable property beyond that of the Meadows
projects. With the scope of this improvement benefiting areas beyond the
borders of this project it does not seem reasonable to place the financial
burden of this improvement of this project only.
3. It would have been possible to have developed this portion of the project
so that Goldenrod Lane would not cross the drainage way. The only reason
we had the crossing is because there is a conflict between the sanitary
sewer elevation and the drainage way elevation that required the
construction of a culvert so that the sanitary sewer could be constructed
over the top of culvert to provide sanitary sewer service to the
northeastern corner of the Meadows project.
4. We believe a reasonable approach would be to review the drainage
requirements of the Meadows Additions utilizing this drainage facility and
having the project be responsible for that portion that it contributes
directly.
5. The Meadows Additions that are platted and will be platted as single family
lots total 149 acres. We have computed the storm water that these
additions will generate.
2422 Enterprise Drive • Mendota Heiahts. Minnesota 55120 • (512\ 581-1914
I3d
Mr. Dave Hutton
P.E. Job # 90227
April 11, 1991
Page 2
The drainage computations are as follows:
Q = CIA
C = 0.35
Tc = 55 min.
I = 1.9 in/hr
A = 149 Acres
Q = 0.35 X 1.9 X 149 = 99 c.f.s.
With a storm water flow of 99 c.f.s. we designed the Meadows equivalent
culvert. We assumed the present conditions downstream in our analysis. The
existing ditch elevation at the property line is 780.0. The existing ditch
section is a 30' bottom with 3:1 side slopes with a ditch gradient of 0.11%.
Using Manning's equation we computed the tail water condition in the ditch to be
1.5 feet. Included is a copy of our work sheet going through the culvert design
sheet.
A 48 inch R.C.P. would allow for a high water condition that would be compatible
with the grading plan. The estimated cost for the construction of this 48 inch
culvert is as follows:
126 L.F. - 48 inch R.C.P. @ $60.00 is $ 7,560.00
2 Ea. - 48 inch R.C. Aprons @ 1500.00 is $ 3,000.00
10 C.Y. - Cl. II Rip Rap W/Filter @ $50.00 is $ 500.00
The Total Cost for the Meadows Culvert is $11,060.00
Based on these calculations we believe the portion that the Meadows 5th Addition
should be responsible for in this drainage crossing is $11,060.00 with the
balance of the culvert and appurtenance structures to be constructed, to be paid
for by the City of Shakopee.
It is also our desire that the City of Shakopee pay for the construction of the
extension of the 36 inch storm sewer which underlays the drainage way system.
This would be consistent with what the City of Shakopee has done with the
adjacent properties.
If you have any questions, please call.
Sincerely,
PIONEER ENGINEERING, P.A.
Joel G. Coope , P.E.
JGC:blh
cc: Wayne Fleck, Gold tgget Development, Inc.
PIONEERCivil Engineers • Land Planners • Land Surveyors • Landscape Architects
* engineering
* *
May 3, 1991
Mr. David Hutton, P.E.
Public Works Director
City of Shakopee
129 East First Ave.
Shakopee, MN 55379
RE: THE MEADOWS 5TH ADDITION
P.E. JOB NO. 90227
Dear Dave:
Pursuant to your request, we have compiled the costs that Gold Nugget
Development has incurred to date in constructing the Upper Valley Drainage
Channel and Pond.
In The Meadows 2nd Gold Nugget constructed the drainage channel from Co. Rd. 79
to the first pond together with grading of the first pond. This work was
completed under a contract with L.W.I.; the cost were approximately $23,700.
In The Meadows 5th Addition Gold Nugget Development has completed the
construction on the northeast pond and the ditch adjacent to that portion of the
project. The cost for completing this work is approximately $19,400.
The total cost incurred by Gold Nugget Development on the construction for the
Upper Valley Drainage Channel and Ponds is $43,100 to date.
The cost of the special manhole is $12,520.
If you have any questions or require additional information, please call.
Sincerely,
PIONEER ENGINEERING, P.A.
Joel Cooper, E.
JGC/j s
cc: Wayne Fleck, Gold Nugget Development
J3.J .)
MEMO TO: Dennis Kraft, City Administrator
FROM: Dave Hutton, Public Works Director
SUBJECT: 2nd Avenue Project
DATE: April 30, 1991
INTRODUCTION:
Staff is requesting City Council direction regarding the railroad
crossings located within the 2nd Avenue Project.
BACKGROUND:
On March 5, 1991 the City Council held a public hearing to consider
public improvements to 2nd Avenue, between Sommerville Street and
Naumkeag Street and various other gravel streets located between
1st Avenue and 3rd Avenue. At the conclusion of the public
hearing, the City Council ordered plans and specifications prepared
for this project.
At the public hearing, the issue of railroad crossings was
discussed. For several years the City Council has discussed the
concept of adding a railroad crossing to Market Street. The two
main advantages of installing a crossing at this street are 1) to
provide continuous transportation network from 1st Avenue to 10th
Avenue, which the current crossing at Minnesota Street does not,
and 2) since Market Street is on the Municipal State Aid System,
the City's state aid account could pay for a new crossing, which
would be very expensive and difficult to assess.
Past discussions with the Chicago & NW Railroad indicate that they
would oppose any new crossings in Shakopee unless another crossing
was closed. The two alternatives for closing a crossing that have
been discussed are Minnesota Street or possibly Naumkeag Street.
At the 2nd Avenue public hearing, there was testimony received to
the effect that the Naumkeag Street crossing should be closed. The
City Council also appeared to favor closing the Naumkeag Street
crossing. The City Council directed staff to initiate discussions
with the railroad regarding the potential for adding a crossing at
Market Street.
Staff has discussed this proposal with railroad representatives and
they have indicated that they would not oppose a new crossing at
Market Street if the City were to agree to close one additional
crossing. The proper procedure is to file an application for a new
crossing with the Minnesota Transportation Regulatory Board (MTRB) .
The MTRB would then hold a hearing on the proposed crossing and
solicit the recommendations from Mn/DOT, the C & NW Railroad and
the City of Shakopee. If there is any opposition to the crossing
request, it would be more difficult to obtain the approval.
/39
Staff is seeking Council authorization to make formal application
to the MTRB for a new crossing at Market Street. Staff is also
seeking Council direction on which crossing should be proposed for
closing as it appears that is the only way a new crossing will be
approved.
The City Council may also wish to discuss whether or not a public
hearing should be held prior to closing a crossing. The City
Attorney has indicated that a public hearing is required to vacate
public right-of-way, but that there are no requirements for a
hearing to close a street. To close a crossing, the public right-
of-way does not necessarily need to be vacated.
ALTERNATIVES:
1. Direct staff to apply to the MTRB for a new railroad crossing
at Market Street and close the existing crossing at Naumkeag
Street.
2 . Direct staff to apply to the MTRB for a new crossing at Market
Street and close the existing crossing at Minnesota Street.
3 . Direct staff to schedule a public hearing to obtain public
testimony prior to closing a crossing as outlined in
Alternatives 1 or 2 .
4 . Direct staff to take some other action.
RECOMMENDATION:
Staff recommends Alternative No. 1. Staff feels that the Naumkeag
Street crossing should be closed due to deteriorated condition and
for safety concerns.
Staff also feels that the City Council may wish to discuss holding
a public hearing on the potential closing prior to applying to the
MTRB for a new crossing.
ACTION REQUESTED:
Move to direct staff to submit a formal application to the
Minnesota Transportation Regulatory Board for a new railroad
crossing at Market Street in exchange for closing the crossing at
Naumkeag Street.
DH/pmp
CROSSING
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Barry A. Stock, Assistant City Administrator
RE: Realtor Request For Proposal Assistance
DATE: May 1, 1991
INTRODUCTION:
On April 2, 1991 the Shakopee Housing and Redevelopment
Authority directed the appropriate City officials to solicit
requests for proposals for realtor assistance to market vacant HRA
parcels on behalf of the Shakopee HRA. Staff would like to
recommend that the City Council work with the HRA to jointly
solicit proposals for marketing both HRA properties and properties
owned by the City of Shakopee.
BACKGROUND:
Staff has completed a draft set of proposals soliciting
realtor assistance to market HRA parcels on behalf of the HRA. On
occasion, the City of Shakopee also has several pieces of property
and/or remnant pieces of property that it wishes to sell. Since we
are preparing requests for proposals for the HRA, staff thought it
might be of benefit to piggy back on the work being completed by
staff for the Shakopee HRA in developing proposals for realtor
assistance.
I would like to suggest that the appropriate City officials be
authorized to solicit in cooperation with the Shakopee HRA realtor
assistance to market both HRA owned parcels and City owned parcels.
I have reviewed this matter with the City Attorney and she has
stated that she does not feel there would be a conflict of interest
in jointly soliciting proposals.
Shown in Attachment #1 is a draft of the request for proposal
specifications that has been prepared by staff. Staff intends to
mail the request for proposals to all know realtors in the City of
Shakopee and also place a small ad in the legal section of the
Shakopee Valley News indicating said solicitation of proposals for
realtor assistance.
ALTERNATIVES:
1. Direct the appropriate City officials to work with the
Shakopee HRA to jointly solicit proposals for realtor
assistance to market City owned parcels that the City wishes
to remove from its inventory.
2 . Do not work with the Shakopee HRA to jointly solicit proposals
for realtor assistance.
3 . Independently seek proposals from realtors to market City
owned parcels that the City wishes to remove from its
inventory of parcels.
/3/
4. Table action from staff.
5. Do not solicit proposals from realtors to market City owned
parcels that the City wishes to remove from its inventory of
parcels.
STAFF RECOMMENDATION:
Staff recommends Alternative #1.
ACTION REQUESTED:
Direct the appropriate City officials to work with the
Shakopee HRA to jointly solicit proposals for realtor assistance to
market City owned parcels that the City wishes to remove from its
inventory.
RELTMEMO
BAS/tiv
/3
May 8, 1991
To: All Shakopee Realtors
From: Barry A. Stock, Assistant City Administrator
Subject: Property Listing Agreement - Request For Proposals
The City of Shakopee and Shakopee Housing and Redevelopment
Authority (HRA) is requesting proposals from all Shakopee realtors
for listing and sales of all City and HRA surplus properties.
The number, type and legal descriptions of the properties and all
other pertinent data will be supplied to the successful bidder.
The present inventory of surplus property consists of several
developable residential lots and several commercial properties.
All properties are presently vacant. The term of the proposed
agreement shall be three years.
The successful proposal should include the following information:
(1) The amount of the sales commission.
(2) A copy of the Brokers license.
(3) A copy of your firm's liability insurance policy.
(4) Confirmation of MLS membership.
(5) A brief summary on how you plan to market the properties
including the amount of public exposure in; (a) local media,
(b) Multiple Listing Service.
The determining factor for entering into an agreement with one of
our local realtors will be the amount of commission charged and the
amount and period of exposure you intend to provide.
The City of Shakopee and Shakopee HRA reserve the right to cancel
this solicitation of proposals, waive irregularities in said
solicitation and reject any and all proposals if it is considered
to be in the best interest of the City and/or HRA.
Your proposals are to be sealed and delivered to the Assistant City
Administrator at 129 East 1st Avenue, Shakopee, Minnesota by 10: 00
A.M. on May 29, 1991.
The proposals will be opened May 29, 1991 at 10: 00 AM in the City
Council Chambers of the City of Shakopee.
realtors
01 SENT
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Charlie Ries, Fire Chief
RE: Fire Agreement With Minn. DNR
DATE: April 24 , 1991
INTRODUCTION:
The Minnesota Department of Natural Resources is requesting
that the attached agreement between the DNR and the City be
executed.
BACKGROUND:
The City has been providing fire protection to properties
owned by the Minnesota Department of Natural Resources. The most
recent agreement on file with the City for this service is dated
1976 . The DNR is requesting that a more recent agreement be
executed.
The new agreement is less encompassing than the 1976
agreement. The 1976 agreement included fire protection on all
state owned lands within the City. The new agreement includes
wildfire protection on all DNR and U.S. Fish and Wildlife Service
administered land within the City.
The 1976 agreement provided for an annual $100 . 00 per annum
standby fee for services plus $150. 00 per hour for the first hour
and $100 . 00 per hour thereafter for fire suppression activities on
state owned lands. The new agreement provides for $185 . 00 per hour
for wildfire suppression activities on DNR and U. S . Fish and
Wildlife Service administered land.
The City currently provides fire service to both Louisville
and Jackson Townships at the rate of $185. 00 per hour.
The agreement has been reviewed by the City Attorney.
ALTERNATIVES :
1. Approve agreement as drafted
2 . Amend agreement
3 . Do not approve agreement
RECOMMENDATION:
Staff recommends alternative #1, approve agreement as drafted.
RECOMMENDED ACTION:
Authorize the appropriate city officials to execute a
cooperative fire protection agreement with the Minnesota Department
of Natural Resources at the rate of $185 . 00 per hour.
F-8
8/75
MINNESOTA DEPARTMENT OF NATURAL RESOURCES
COOPERATIVE FIRE PROTECTION AGREEMENT
THIS INDENTURE, Made this 1..t day of April 19 91 by
and between the State of Minnesota acting by and through the Commissioner of the
Department of Natural Resources, hereinafter referred to as the "State"
and City of Shakopee , hereinafter referred to as the "Unit".
WHEREAS, the Commissioner of Natural Resources is charged with the duty of
preventing and extinguishing forest fires;
WHEREAS, the State desires and need support in preventing and suppressing wildfires
which for the purpose of this contract mean any forest or prairie fire which may or may not
be hazardous to structures; and
WHEREAS, the Commissioner of the Department of Natural Resources and the Unit
are authorized under M.S. 88.04 to cooperate in the prevention and suppression of wildfires;
and
WHEREAS, the Commissioner of the Department of Natural Resources is authorized
under M.S. 84.025 to enter into this contract;and
WHEREAS, the Unit has established a Fire Department to extinguish fires within its
statutory authorized boundaries and has contracted with certain other local units of
government for joint fire prevention and protection;
NOW THEREFORE, it is mutally understood between the parties hereto that the State
is primarily responsible for the prevention, detection and suppression of all wildfires and the
Unit is primarily responsible for the prevention; detection, and suppression and structural
fires that occur within the subject area of this contract; that the purpose of this contract is
to enable the State through the Department of Natural Resources (DNR) to better their
cooperative effort in the prevention and suppression of all fires within the subject area of
this contract; that in consideration for the mutual benefits derived herein,
The Unit shall:
1. Provide wildfire protection on all DNR and U.S. Fish and Wildlife
Service administered land within the Unit's fire protection area.
It is mutually understood and agreed, however, between the parties
hereto that at times, weather and road conditions through the various
seasons of the year may interfere with rendering the service and/or
that the Unit has been previously engaged in fire suppression activit-
ies may interfere with rendering the service described herein. In the
event thereof, the failure of the Unit to furnish the described service
shall not be considered a breach of this agreement. However, the Unit
agrees to make a reasonable effort to secure alternate firefighting/
rescue services from a surrounding community.
2. Report all wildfires located on DNR or U.S.Fish and Wildlife Service
administered land. on form F-5 Cooperative Wildfire Report.
i3,1"
The State shall:
1. Provide form F-5 Cooperative Wildfire Report
2. Provide specialized equipment and training as needed and/or
requested by the Unit.
3. Reimburse the Unit at the rate of $185.00 per hour for wildfire
suppression activities on DNR and U.S. Fish and Wildlife Service
administered land.
This agreement is effective on the date hereof and is to continue in force until
terminated by either party giving ten (10) days' written notice to the other.
IN TESTIMONY WHEREOF, The said parties of the first part have hereunto set their
hands the day and year first above written.
UNIT or CONTRACTOR:
/5/
Date
State of Minnesota
Department of Natural Resources
/5/
Area Forester Supervisor Date
`ONSENT l�
TO: Dennis R. Kraft, City Administrator
FROM: Gregg Voxland, Finance Director
RE: Accounting Policy Change
DATE: April 26, 1991
Introduction
City Council consent to a technical accounting change is requested.
Background
Compensated absences shown in the City's annual financial report is the
amount owed to the employees for compensatory time off, vacation time and sick
leave (severance pay amount) as of the date of the report. The City has shown
this amount in the General Long Term Debt Account Group as opposed to showing it
as a liability of the General Fund and the Shakopee Community Recreation Fund.
Recent attention has been given to the appropriate classification and
reporting of the compensated absences by the accounting profession. The City has
received comments concerning the reporting of compensated absences from the
Governmental Finance Officers Association following its review of the financial
report from 1989. Also, the authoritative source is the Codification of
Governmental Accounting and Financial Reporting Standards, section C60.104 which
states ,Therefore, in governmental funds, liabilities usually are not considered
currentuntil they are normally expected to be liquidated with expendable
available financial resources." Expendable available financial resources in this
context means fund balance.
The effects of moving the liability to the General Fund are; 1. ) It
increases the liabilities of the fund and reduces the unreserved fund balance
(State authorities have been reviewing city fund balance levels) . 2. ) It clearly
shows the position reported to the state a few years ago that the city will use
existing fund balance to cover the accumulated liability for compensated absences
and that Shakopee has exercised fiscal responsibility by planning ahead for the
covering the liability. 3. ) Compliance with current accounting standards. 4. )
Division costs versus budgets will experience some fluctuation as employees
accumulated leave hours rise or fall.
In the event there is insufficient fund balance to cover the compensated
absence liability, the excess liability would have to reported in the General
Long Term Debt Account Group, for future funding.
Action Requested
Move to show the accumulated liability for employee compensated absences in
the appropriate governmental funds to the extent that there is fund balance
available to cover the liability.
CI 10
TO: Dennis R. Kraft, City Administrator
FROM: Tom Steininger, Chief of Police
SUBJECT: Transportation Reimbursement
DATE: April 15, 1991
INTRODUCTION:
Council authorization is needed to enter into a transportation
reimbursement agreement with Scott County Human Services.
BACKGROUND:
Recently, a number of changes have taken place in the manner in
which emergency detoxifications are handled by law enforcement
agencies. At present, people are being transported to Hastings at
a cost of $45 . 00 per trip.
The attached agreement provides for reimbursement of $40 . 00 per
trip through Scott County Human Services. In short, it is an
agreement to accept money for a service we are required to provide
whether we are reimbursed or not.
ALTERNATIVES:
Approve the agreement.
Reject the agreement.
RECOMMENDATION:
Approve the agreement.
ACTION REQUESTED:
Authorize the proper city officials to execute a transportation
reimbursement agreement with Scott County for reimbursement of
detoxification expenses amounting to $40. 00 per trip.
SCOTT COUNTY
HUMAN SERVICES
COURTHOUSE 300
428 S. Holmes St.
SHAKOPEE, MN 55379-1375 (612) 445-7751
EILEEN G. MORAN-Human Services Director
April 9, 1991
Tom Steininger, Chief
Shakopee Police Department
476 South Gorman Street
Shakopee, Minnesota 55379
Dear Chief Steininger:
This letter is a follow-up to the March 18, 1991, meeting at
St. Francis Regional Medical Center regarding transportation and
detoxification services.
We have been notified that the state grant to support transportation to
detox programs has been approved and funds are available under the grant
for the county to reimburse all local law enforcement jurisdictions for
round-trip transportation to a detoxification program or to reimburse
local law enforcement jurisdictions for their payment to have a
detoxification program transport persons to their center.
A. Reimbursement will be in the amount of $40 per round trip and is
contingent on:
1. Return of a signed copy of the enclosed agreement.
2. Return of completed form listing parties transported to detox by
whom and date at the end of each month.
The grant period runs from the time the enclosed agreement is returned
through June, 1991, or until the $2,900 grant amount is expended,
whichever cis f i.rst.
B. After further review with Scott County officials, it was determined
that transportation following the grant period, commencing
July 1, 1991, will continue to be the financial responsibility of the
local jurisdiction. Scott County Human Services is willing to pay an
appropriate provider for the cost of transportation for those local
jurisdictions who agree to reimburse the Scott County Human Services
in full for those transportation costs. In the event additional
transportation grant funding is available, it will be applied for.
C. Future solutions to the problem of access to detoxification may well
rest with looking at the various options which may be available
regarding the provision of detoxification services locally. To this
end, the county will host a meeting of prospective providers and other
interested parties to explore options which have boon identified to
this point and any others which may be put forward.
An Equal Opportunity lAffirmative Action Employer
AW/
Chief Tom Steininger
Page Two
April 9, 1991
Ideas which have surfaced to date include:
1. Development of additional beds by Union City Mission or by the
Dakota County Receiving Center. Is it possible any of these
developments could occur closer to Scott County.
2. Are there alternatives to full-service detoxification programs
which may be allowed by the Department of Human Services.
3. Is hospit-tl-based detoxification a possibility if provided in
limited form by the hospitals serving this area, perhaps in
conjunction with assessment by Scott County Human Services.
4. Is it possible to provide some limited form of detoxification
services through some type of joint venture at the jail annex
program. The joint venture could perhaps involve medical support
from St. Francis and assessment services from Scott County Human
Services.
5. Others which may be identified.
Notification for this meeting will be mailed in the near future.
Sincerely,/
'Phomas R. �ACSW�
Social Sikes Manager
crs
cc Commissioner Bill Koniarski, Chairman, Scott County Human Services
Board
Eileen Moran, Director, Scott County Human Services
Dr. Richard Venjohn, Psychologist
TRANSPORTATION RELM.BURSE" i r AGREEMENT
Whereas, the Chemical Dependency Program Division (CDPD) of the Minnesota
Department of Human Services has been directed by the Minnesota State
Legislature to disburse a total of $250,000 in state appropriated funds
for the purpose of providing transportation for persons in need of
detoxification services to detoxification programs; and whereas, the
intent of the legislature was to ease the financial burden on law
enforcement in the handling of public intoxication in communities across
the state; and whereas, the County of Scott, Department of Hu an Services
has been granted $2,900 by CDPD of the Minnesota Department of Human
Services to reimburse local law enforcement agencies for expenses incurred
in the transportation of individhnals to detoxification programs for
admission pursuant to Minnesota Statute 253B.05.
Now therefore, it is hereby agreed by and between the parties hereto that
the Scott County Human Services Department, on behalf of the County of
Scott is acting solely as a pass-through agency for the distribution of
funds from the CDPD of the Minnesota Department of Human Services for the
purpose of reducing cost incurred by Scott County law enforcement
jurisdictions in transporting persons to Union City Mission, Dakota County
Receiving Center, or other licensed detoxification centers.
It is further agreed that the Scott County Human Services Department shall
reimburse local law enforcement jurisdictions at a rate of $40 per round
trip from the local law enforcement jurisdiction to a designated
detoxification center. The rate is established as a per-trip rate, and
shall not be increased in the event more than one person is transported
per trip. The law enforcement jurisdiction which chooses to pay a
designated detoxification center for transportation services to their
detoxification program rather than provide law enforcement transportation
to the detoxification program, may be reimbursed for actual costs charged
by the center up to $40 per round trip. In no event shall Scott County
Hi.mian Services reimburse a law enforcement jurisdiction in an amount
greater than $40 per round trip.
It is further agreed reimbursement of transportation expenses of local law
enforcement jurisdictions to designated detoxification centers shall be
provided only until such time as the $2,900 CDPD grant is expended in the
order in which those are received by the Scott County Human Services
Department final local law enforcement jurisdictions. No further
reimbursement shall be provided to local law enforcement jurisdictions for
any expenses involved in the transportation of individuals to
detoxification centers in excess of the $2,900 grant or for transportation
after June 30, 1991.
It is finally agreed between parties hereto that the County of Scott and
the Scott County Human Services Department are acting merely as a
pass-through agency on behalf of the CDPD of the Minnesota Department of
Human Services for the distribution of funds for the reimbursement of
expenses incurred by local law enforcement agencies in the transportation
of individuals to detoxification centers pursuant to Minnesota Statutes
253B.05. The local law enforcement agency fully understands and agrees
with the County of Scott Human Services Department assumes no
114"
Transportation Reimbursement Agreement
Page Two
responsibility or liability with respect to the provision of
transportation services by any local law enforcement agency or to
designee. Other than as is specifically enumerated herein, the local law
enforcement agency shall be solely responsible for any and all liAhility,
causes of action, claims, loss, damages, or cost and expense arising from
the provision of services by the local law enforcement agency herein.
Dated:
County of Scott Law Enforcement Agency
BY BY
TB/ors
4/9/91
TRANSPORTATION REIMBURSEMENT REQUEST
(DETOXIFICATION TRANSPORTATION GRANT)
INSTRUCTIONS:
Complete the form and submit to Scott County Human Services, Attention:
Tan Behr, Courthouse 300, Shakopee, Minnesota 55379-1375, within ten days
following the last day of the month.
Police Department
Date of Transp. Transporting Person
to Detox Cent-Pr Detox Center Officer Transported
Signature of Person Canpleting Form Date
TB/crs
4/9/91
CONSENT l .1<
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City ClerkCIC
RE: Nominations To Community Youth Building Committee
DATE: April 25, 1991
INTRODUCTION:
Attached are applications from four individuals interested in
serving on the Community Youth Building Committee. Gary Lindstrom
is also interested in being reappointed. His term is one of the
three which has expired. He has not served a full term because he
was appointed to serve an unexpired term.
BACKGROUND:
Three of the five terms on the Community Youth Building
Committee expired January 31, 1991. The individuals whose terms
expired were asked to continue to serve until their successors are
appointed and qualified. It wasn't until recently that sufficient
applications were received for the positions. Applications from
four individuals are attached. Mr. Lindstrom, incumbent, indicated
an interest in being re-appointed, but did not submit an
application.
According to Resolution No. 2206, the vote on candidates to
Boards and Commissions will be held at the next Council meeting
following the nominations. The resolution also states that upon
majority vote of the Councilmembers present, the Council may waive
the procedural policy on appointments to permit nominations, voting
and appointment all to occur at the same Council meeting.
On April 23rd the Interview Committee (Cncl.Zak, Cncl.Clay,
and Mr. Kraft) interviewed the candidates. The three candidates
interviewed were: Bob Nead, Sara Call, and Darrell Trowbridge.
The other two candidates did not show up for the interview. The
Interview Committee feels that all three candidates would be an
asset to the Committee and recommends their appointment.
The next meeting of the Committee will take place on May 11th.
RECOMMENDED ACTION:
Nominate Bob Nead, Debbie Macius, Sara Call, Gary Lindstrom
and Darrell Trowbridge to the Community Youth Building Committee.
(Appointments will be placed on the May 16th agenda. )
1PC
APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS
City of Shakopee
129 East 1st Avenue
Shakopee, MN 55379
We welcome you as a possible applicant for one of our City
Boards and/orndCommissions.
Whit are the qualifications for serving on these advisory
Boards and Commissions? You must be a resident of Shakopee, except
where non residency is permitted by Council resolution, and more
importantly, you must have an interest in serving your community.
The Boards and Commissions meet during the evening and
typically have from one to two meetings per month, as follows:
Planning Commission/Board of 1st Thursday after 1st
Adjustments and Appeals Tuesday at 7:30 p.m.
Community Development Commission 3rd Wednesday at 5: 00 p.m.
Energy & Transportation Committee 3rd Wednesday at 7: 00
p.m.
Ad HOC Downtown Committee 2nd Wednesday of month or
as needed at 7:45 a.m.
Cable Communication Commission/ Quarterly or as needed
Community Access Corp. on Monday at 7:30 p.m.
Housing Advisory and Appeal Board As Needed
Building Code Board of Adjustment As Needed
& Appeals
Shakopee Public Utilities 1st Monday at 4 : 30 p.m.
Commission
Park & Recreation Advisory Board 3rd Monday at 7: 00 p.m.
Police Civil Service Commission As Needed
Community Youth Building Saturday A.M. - once a
Committee month
Board of Review 7 : 00 p.m. 2 to 3 Tuesdays
in May
Name: Xoge/27- / 1"L) Address: 30 3 E 5/7-` A v
Phone: (H) /175 /3&9 (B) 333 - 5L/7/
How long have you been a resident of Shakopee? 2 /a 4-ASS Mo57-4-corny)
Ct+( sc. ) /
Occupation: c�uPe"kU/SO.e- //'1i,Jvew-oe-/$ 6:4f/A/ ;cc4,t.4�/E6
Does your work require you to travel? (check one)
A great deal Periodically Very little \-7-Not at all
Do you have any special interests or training which you feel a
particular board or commission could use? (Use separate sheet if
necessary)
CorH�v{z✓ �req nurtin/iec, Ci joG 5
Board or Commission in which you are interested? „r4-4,tvrvi 7-y
yoUz74 3 U/4.DinJG f -r &
Please state briefly why you are interested in serving on this
Board/Commission for which you are submitting an application:
/. �auyk�a✓ !S ,4 G,r( Scow-f"
2• )(acre-4Jrt e;
Conflict of interest is defined as the participation in any
activity, recommended action, or decision from which the individual
has or could have the potential to receive personal gain, whether
it be direct or indirect.
In accordance with this definition, do you have any legal or
equitable interest in any business, however organized, which could
be constructed as a conflict of interest? Yes No ' . If yes,
please provide the details on a separate sheet of paper.
Please list three references (Name, Address and Phone) :
1. Mn/2X T68 e7V G Zg 441�‘' 71
2 . AuD e&-y "N ' s 338 E 41- 4F QS- - 385
3 . c:6-#7/ R-z,2y /Z33 S I YLE2 4Q6- Q(9z
I hereby certify that the facts within the foregoing application
are true and correct to the best of my knowledge.
Sig ature
RETURN APPLICATION AND
PLEDGE TO:
/ -,z EK- 9 /
Date City Clerk
City of Shakopee
129 East 1st Avenue
Shakopee, MN 55379
445-3650
DATE RECEIVED:
I3K
APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS
City of Shakopee
129 East 1st Avenue
Shakopee, MN 55379
We welcome you as a possible applicant for one of our City
Boards and/or Commissions.
What are the qualifications for serving on these advisory
Boards and Commissions? You must be a resident of Shakopee, except
where non residency is permitted by Council resolution, and more
importantly, you must have an interest in serving your community.
The Boards and Commissions meet during the evening and
typically have from one to two meetings per month, as follows:
Planning Commission/Board of 1st Thursday after 1st
Adjustments and Appeals Tuesday at 7: 30 p.m.
Community Development Commission 3rd Wednesday at 5 : 00 p.m.
Energy & Transportation Committee 3rd Wednesday at 7 : 00
p.m.
Ad HOC Downtown Committee 2nd Wednesday of month or
as needed at 7:45 a.m.
Cable Communication Commission/ Quarterly or as needed
Community Access Corp. on Monday at 7:30 p.m.
Housing Advisory and Appeal Board As Needed
Building Code Board of Adjustment As Needed
& Appeals
Shakopee Public Utilities 1st Monday at 4 : 30 p.m.
Commission
Park & Recreation Advisory Board 3rd Monday at 7 : 00 p.m.
Police Civil Service Commission As Needed
Community Youth Building Saturday A.M. - once a
Committee month
Board of Review 7:00 p.m. 2 to 3 Tuesdays
in May
Name: Sara J. Call Address: 850 Prairie St.
Phone: (H) 445-8711 (B) 895-4800
How long have you been a resident of Shakopee? 8 yrs
Bank manager
Occupation:
Does your work require you to travel? (check one)
A great deal Periodically Very little x Not at all
( 3 k
Do you have any special interests or training which you feel a
particular board or commission could use? (Use separate sheet if
necessary) T have been a co—leader for the Girl ScontG, and have been
interested in the ability for this and other youth organizations to use the
pew facility T'm a Rotary member. and have been active in the cnmmnnitiea where
I work. I also am a liason for Special Olympics for the Rotary & the city of Lakeville.
Board or Commission in which you are interested?
Youth Building committee
Please state briefly why you are interested in serving on this
Board/Commission for which you are submitting an application:
As I stated above I'm interested in the youth building and it's special
significance to Shakopee. I feel a special tie to the youth in Shakopee
as I have a daughter in Girl Scouts and son that's 5 yrs. old and he is
becoming involved in community activities. Being able to voice an opinion
for these kids is a privilige I think I would enjoy.
Conflict of interest is defined as the participation in any
activity, recommended decision r individual
has or could have the potential to receive personal gain,
it be direct or indirect.
In accordance with this definition, do you have any legal or
equitable interest in any business, however organized, which could
be constructed as a conflict of interest? Yes No x . If yes,
please provide the details on a separate sheet of paper.
Please list three references (Name, Address and Phone) :
Dawn Plonksi 1015 E. Shakopee, Mn. 55379 445-6293
1.
Pat Meyer 860 Prairie St. , Shakopee, Mn. 55379 445-5795
2 .
Lois Maas 1168 S. Madison, Shakopee, Mn. 445-4971
3 .
I hereby certif sect to the best of my knowledgegoing application
are true and cot
./dAd-- 21( (lct.,
Signature
RETURN APPLICATION AND
PLEDGE TO:
City Clerk
Date City of Shakopee
129 East 1st Avenue
Shakopee, MN 55379
445-3650
DATE RECEIVED: '/ '?/ /
I
3 /c
APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS
City of Shakopee
129 East 1st Avenue
Shakopee, MN 55379
We welcome you as a possible applicant for one of our City
Boards and/or Commissions.
What are the qualifications for serving on these advisory
Boards and Commissions? You must be a resident of Shakopee, except
where non residency is permitted by Council resolution, and more
importantly, you must have an interest in serving your community.
The Boards and Commissions meet during the evening and
typically have from one to two meetings per month, as follows:
Planning Commission/Board of 1st Thursday after 1st
Adjustments and Appeals Tuesday at 7:30 p.m.
Community Development Commission 3rd Wednesday at 5: 00 p.m.
Energy & Transportation Committee 3rd Wednesday at 7 : 00
p.m.
Ad HOC Downtown Committee 2nd Wednesday of month or
as needed at 7:45 a.m.
Cable Communication Commission Quarterly or as needed on
Monday at 7:30 p.m.
Housing Advisory and Appeal Board As Needed
Building Code Board of Adjustment As Needed
& Appeals
Shakopee Public Utilities Commission 1st Monday at 4 :30 p.m.
Shakopee Community Recreation 3rd Monday at 7 :00 p.m.
Police Civil Service Commission As Needed
- Shakopee Youth Building Committee As Needed
Name: Address: CA' ZZ
Phone: (H) 0/5-X6,6 (B)
How long have you been a resident of Shakopee? "?±! �
Occupation:
Does your work require you to travel? (check one)
A great deal Periodically Very little Not at all
Do you have any special interests or training which you feel a
particular board or commission could use? (Use separate sheet if
necessary)
Board or Commission in which you are interested?
�771( rra
Please state briefly why you are interested in serving on this
Board/Commission for which you are submitting an application:
/�
/.0 c f�AUC �f�G/,�C=.t/ GD,,//G'l� U �'G -v/�oivG
Af/D 7V
ai(/ 777G /17/7-7-S u,�. e t S C I r r
Conflict of interest is defined as the participation in any
activity, recommended action, or decision from which the individual
has or could have the potential to receive personal gain, whether
it be direct or indirect.
In accordance with this definition, do you have any legal or
equitable interest in any business, however organized, hich could
be constructed as a conflict of interest? Yes No - . If yes,
please provide the details on a separate sheet of paper.
Please list three references (Name, Address and Phone) :
1. /-"r/,e/i S- 7'7
2. - ` S- X733
3 . -AL/v-3 76 7
I hereby certify th- he facts within the foregoing application
are e and c- . -t �o t .r- t of my knowledge.
Signature
RETURN APPLICATION AND
PLEDGE TO:
0/7
Date City Clerk
City of Shakopee
129 East 1st Avenue
Shakopee, MN 55379
_ 445-3650
RECEIVED
DATE RECEIVED: fifii 2 z 1991.
ic.e4
CITY OF S:-1i'-.1-,Q tP 1
k
APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS
City of Shakopee
129 East 1st Avenue
Shakopee, MN 55379
We welcome you as a possible applicant for one of our City
Boards and/or Commissions.
What are the qualifications for serving on these advisory
Boards and Commissions? You must be a resident of Shakopee, except
where non residency is permitted by Council resolution, and more
importantly, you must have an interest in serving your community.
The Boards and Commissions meet during the evening and
typically have from one to two meetings per month, as follows:
Planning Commission/Board of 1st Thursday after 1st
Adjustments and Appeals Tuesday at 7 :30 p.m.
Community Development Commission 3rd Wednesday at 5: 00 p.m.
Energy & Transportation Committee 3rd Wednesday at 7 : 00
p.m.
Ad HOC Downtown Committee 2nd Wednesday of month or
as needed at 7: 45 a.m.
Cable Communication Commission Quarterly or as needed on
Monday at 7 : 30 p.m.
Housing Advisory and Appeal Board As Needed
Building Code Board of Adjustment As Needed
& Appeals
Shakopee Public Utilities Commission 1st Monday at 4 : 30 p.m.
Shakopee Community Recreation 3rd Monday at 7 : 00 p.m.
Police Civil Service Commission As Needed
Shakopee Youth Building Committee As Needed
(� J�,�ci ,h
Name: % ifq'/ e / 20(;uS Address: V� LQ
Phone: (H) CVs_ 39 (B) %J7 _ (t- 71,5:_j
How long have you been a resident of Shakopee? ,F// .7)y Li f'e
Occupation: Z�j _ ;/!:/-7«
Does your work require you to travel? (check one)
A great deal Periodically Very little 1\ Not at all
Do you have any special interests or training which you feel a
particular board or commission could use? (Use separate sheet if
necessary)
Board or Commission in which you are interested? JA04�
)/6., 7417 /.36 //f7/7fel
Please state briefly why you are interested in serving on this
Board/Commission for which you are submitting an application:
Conflict of interest is defined as the participation in any
activity, recommended action, or decision from which the individual
has or could have the potential to receive personal gain, whether
it be direct or indirect.
In accordance with this definition, do you have any legal or
equitable interest in any business, however organized, which could
be constructed as a conflict of interest? Yes No 2C . If yes,
please provide the details on a separate sheet of paper.
Please list l' 17 three references (Name, Address and
�<r Phone) : ,y,�j
y�„�
1. Y 1 r f 7c.C.�c.)0(i/ L Q bG/q ,f, ,r, {'-3 - / /( J /7i;f?A?o s, ‘373i'i'&S-s
2. /:-.77.7)/ ,17i',es,S 2/X.—C. 7
3 . Lop vt,./ H ,T a 17Z LAS--
I
S I hereby certify that the facts within the foregoing application
a e trueand correct to the best of my knowledge.
4 144. AL_
Signature
RETURN APPLICATION AND
PLEDGE
53 -9/ TO:
Date City Clerk
City of Shakopee
129 East 1st Avenue
Shakopee, MN 55379
445-3650
DATE RECEIVED:
CONSEI\IT
l3�
MEMO TO: Dennis R. Kraft, City Attorney
FROM: Judith S. Cox, City Clerk
Karen Marty, City Attorney
RE: Annual Contract with Municipal Ordinance Codifiers
DATE: May 1, 1991
INTRODUCTION:
Since the codification of city ordinances in 1978, the City
has entered into an annual contract with the codifiers to update
the City Code. Staff is recommending that this procedure be
discontinued.
BACKGROUND:
Until October, 1990, the City was under contract for legal
services with Mr. Coller, as City Attorney, and Krass & Monroe, as
Assistant City Attorneys. The City hired Municipal Ordinance
Codifiers to codify the City Ordinances and thereafter entered into
annual contracts for its update. Municipal Ordinance Codifiers
deals solely with codification.
Beginning in October, 1990, the City has had Ms. Karen Marty
on staff as its City Attorney. Ms. Marty has had experience with
the codification of codes. She feels that she has the experience
and the time to assume the responsibility of updating the City
Code.
ALTERNATIVES:
1] Enter into a contract with Municipal Ordinance Codifiers
for updating the City Code for 1991.
2] Update the City Code in house
3] Other
RECOMMENDATION:
Alternative No. 2
RECOMMENDED ACTION:
Authorize and direct the City Attorney to update and maintain
the City Code; and direct that a letter be sent to Municipal
Ordinance Codifiers thanking them for their fine work on the City
Code for the City of Shakopee over the past 15 plus years.
CODIFIER
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13
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Barry A. Stock, Assistant City Administrator
RE: Sale of Property - Lots 3 & 4, Block 52 , OSP
DATE: April 30, 1991
INTRODUCTION:
On April 2 , 1991 the Shakopee City Council authorized the
appropriate City officials to advertise the property identified as
Lots 3 & 4, Block 52, OSP for sale with the City reserving the
right to reject any and all bids. The bid deadline for the
aforementioned property was April 30, 1991. Staff has reviewed the
bids and is prepared to make a recommendation to City Council at
this time.
BACKGROUND:
The aforementioned lots are located on the north side of Fourth
Avenue between Spencer and Fillmore Streets. (See attachment #1)
Both of the lots are presently vacant. However, the easterly 30 '
of Lot 4 is being utilized as a backyard by the owner of Lot 5,
Block 52 . It appears that the home situated on Lot 5 is
approximately 10 ' from the westerly property line of Lot 5.
Obviously the home constructed on Lot 5 was constructed prior to
the adoption of City codes regulating front, side and rear yard
setbacks.
Shown in attachment #2 is a summary of the bids received for Lots
3 & 4 . Note that the owner of Lot 5, Mr. Stanley Stejskal has
submitted a bid in the amount of $5, 000 for 1/2 of Lot 4 . Mr.
Stejskal is obviously concerned that if Lot 4 is sold in it' s
entirety that a residential home may be constructed and will
destroy a large portion of the area that is presently being used as
his backyard.
In light of this unusual situation, staff is recommending that the
City exercise it's right to award the bid in the best interest of
the City. In this vain, staff is recommending that the City of
Shakopee accept Mr. Stejskal 's bid in the amount of $5, 000 for the
easterly 30 ' of Lot 4 , Block 52, OSP. Staff would also recommend
that the other bids be rejected and that the appropriate City
officials be authorized to readvertise for sale the property
identified as Lot 3 & the westerly 30 ' of Lot 4 . Staff is
confident that a developer would be interested in the
aforementioned parcel for duplex construction. Staff is also
confident that a bid in the range of $20, 000 will likely be
received for the newly created parcel.
Proceeding with the aforementioned course of action will allow Mr.
Stejskal to continue the use and enjoyment of the property that he
has utilized for his backyard. Additionally, it will maximize the
amount of cash proceeds to be generated from the sale of the
subject properties.
/311
ALTERNATIVES:
1. Move to authorize the appropriate City officials to execute a
purchase agreement with Mr. Stanley Stejskal for the easterly
30 ' of Lot 4 at a price of $5, 000 and reject all other bids
submitted for the aforementioned property.
2 . Reject all the bids submitted for Lots 3 & 4, Block 52 .
3 . Accept the high bid submitted on Lot 3 and reject all bids
submitted on Lot 4.
4 . Table action pending further information from staff.
5. Authorize the appropriate City officials to advertise Lot 3
and the westerly 1/2 of Lot 4, Block 52 for sale.
STAFF RECOMMENDATION:
Staff recommends alternative #1 and #5.
ACTION REQUESTED:
1. Authorize the appropriate City officials to draft a purchase
agreement for the sale of the easterly 1/2 of Lot 4 to Mr.
Stanley Stejskal at a price of $5, 000 and reject all other
bids submitted.
2 . Authorize the appropriate City officials to readvertise the
property identified as Lot 3 and the westerly 1/2 of Lot 4 for
sale with the City reserving the right to reject any or all
bids, to waive irregularities and to award the bid in the best
interest of the City.
/311-
0
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Attachment #2
Lots 3 and 4, Blk 52 , OSP
Bid Sheet
Lot 3 Lot 4
Bidders Name Bid Bid
1. B & D Development $13, 600 $10, 100
2 . Michael Menke $11, 300 $11, 300
3 . Rich Logeais $15,900 No Bid
4 . Stanley Stejskal No Bid $5, 000*
* Bid is for the Easterly 30 ft. of Lot 4 .
/5 o
MEMO TO: Dennis Kraft, City Administrator (10°)
1'
FROM: Dave Hutton, Public Works Director
SUBJECT: Shakopee Bypass Letter of Understanding
DATE: May 1, 1991
INTRODUCTION:
Attached is correspondence from Mn/DOT requesting that the Letter
of Understanding with the City of Shakopee on the Shakopee Bypass
be revised.
BACKGROUND:
On February 6, 1990 the City of Shakopee approved of a Letter of
Understanding with Mn/DOT on the Shakopee Bypass. This Letter of
Understanding outlined which governmental unit, City or State,
would be responsible for various aspects of the Shakopee Bypass
such as construction, right-of-way acquisition and design.
Attached to this memo is a copy of the original Letter of
Understanding.
Staff has now received correspondence from Mn/DOT (attached)
requesting that the Letter of Understanding be revised. The
changes that they are requesting is for the City of Shakopee to
construct the remainder of the Upper Valley Drainage Channel, along
with the connector ditches/storm sewers from the Bypass (except
connectors # 2 and 5) .
The main reason for the requested change is that Mn/DOT feels the
plans are more suitable for the City of Shakopee construction and
administration and they feel that the City of Shakopee would do a
better job of constructing the drainage channel . Mn/DOT also feels
that the City would obtain a lower bid on the project and since the
drainageway is jointly funded by Mn/DOT and the City, this would
reduce both entities cost participation.
Mn/DOT has indicated that they would still obtain all the necessary
easements for the drainage systems, since they are well into that
process. The easements would be available for a bid letting by
November, 1991, according to Mn/DOT.
Staff concurs with the requested change and in fact feels that the
City of Shakopee would be more suited to construct and administer
this project.
The only concern staff has is with the proposed schedule. The
plans are ready and staff would like to construct the drainageway
in 1991 or 1992 in order to provide one or two growing seasons for
the vegetation to be established in the bottom of the channel prior
to the Bypass being constructed and allowed to drain runoff into
the channel . Mn/DOT will not allow this until the easements are
obtained (Nov. 1992) and they have indicated it would be impossible
to expedite that schedule.
The only other option available to the City is to obtain Right-of-
Entries from each property owner involved. If those were obtained,
Mn/DOT would allow the City to construct the drainageway prior to
the easements being acquired. There are 3 property owners involved
in the main channel construction.
Staff has contacted all property owners in an attempt to obtain the
Right-of-Entries, but so far to no avail . Two of them are located
in Jackson Township and the third currently has his property tied
up in the moratorium established by the interim ordinance to study
the land south of the high school . Needless to say, none of the
property owners are anxious to give the City the Right-of-Entries
prior to Mn/DOT acquiring the easements.
Staff will continue to try and resolve this situation and does not
feel that the requested changes to the Letter of Understanding
should be delayed any further.
ALTERNATIVES:
1. Accept the request.
2 . Deny the request.
RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Move to direct staff to notify Mn/DOT that the City of Shakopee
agrees to revise the Letter of Understanding for the Shakopee
Bypass to allow the City of Shakopee to construct the remainder of
the Upper Valley Drainage Channel.
DH/pmp
BYPASS
Minnesota Department of Transportation
Metropolitan District 1 3 o
Transportation Building
c•k‘ Qo St. Paul, Minnesota 55155
�'T 5
OF TRPS Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128
Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422
January 11, 1991 Reply to Golden Valley Office
Telephone No. 593-8503
Mr. David Hutton
City Engineer / ,`; `'`G
City of Shakopee //219 East First Avenue
Shakopee, MN 55379 / ;_i}���
RE: S.P. 7005-53, 7005-57 & 7005-5, �„�
Shakopee Bypass from T.H. 169 t Xd
Revised Letter of Understanding
Dear Mr. Hutton:
On February 6, 1990, the City of Shako pf
Way, and Maintenance Letter of UnderstE the
above referenced projects.
We would like to revise the Letter of Ul _ lLe Upper
Valley Drainage Project (Phase III) , due ractors that have
come up in the past few months:
1) Connector Ditches #2 and #5 should be split out of the main Upper Valley
Drainage Project (Phase III) and let with the Shakopee Bypass Roadway
Projects as follows:
#2 (CSAH 15) with Stage 4 (S.P. 7005-57) Letting 7/93
#5 (CSAH 17) with Stage 2 (S.F. 7005-54) Letting 2/92
2) Our Construction Engineers, after review of the preliminary plans for the
Upper Valley Drainage Project (Phase III) , strongly feel that this
project should be let and constructed by the City of Shakopee (not
Mn/DOT) . The right of way should be available for a letting in November,
1992. These plans are being developed by OSM consultants under S.P.
7005-62.
As we discussed in September, 1990, your City Attorney advised that the City of
Shakopee can legally construct that portion of the Upper Valley Drainage
Project within Jackson Township.
Please let me know if you agree with the above. If so, I will arrange to have
a new Letter of Understanding prepared and submitted to you.
Sincerely,
Timothy C. Johnson, P.E. N\ 004477
District Final Design Engineer
MINNESOTA
1990
An Equal Opportunity Employer
�� \NHE�T4y0 Minn, )ta Department of Transportation l 3 0
$ r Metropolitan District
Transportation Building
St. Paul, Minnesota 55155
5
OF TRPS Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128
Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422
Reply to
Telephone No. 591-4646
April 10, 1990
Mr. Dave Hutton
City Engineer
City of Shakopee
219 E. 1st Avenue
Shakopee, MN 55379
Re: S.P. 7005-53, 7005-57, & 7005-58 (T.H.101)
Shakopee By-pass From T.H.169 to C.R.83
Construction, Right of Way, and Maintenance
Letter of Understanding
Dear Mr. Hutton:
Attached is the above referenced Letter of Understanding, signed by
both Mn/DOT and the City, for your records.
As discussed earlier, Mn/DOT will be acquiring additional right of way
required in "The Meadows" subdivision as shown in Exhibit "A" and the
City will reimburse the State 100% of the cost of the taking.
Another agreement will be required for the R-Mart property east of
C.R.83.
Sincerely,
C;Z
Paul H. Stine
Assistant District
Right of Way Engineer
cc: D. Warzalla, Barton-Aschman, Inc.
J. M. Weaver, Barton-Aschman, Inc.
I�JNESOrA
1990
An Equal Opportunity Employer
,;,,Ncso,.1 :r�inl ,ota Department of Transportation04t1l3 0
Metropolitan District
::4
Transportation Building
St. Paul, Minnesota 55155
OF TPS's. Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128
Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422
Reply to
January 31, 1990Telephone No. 591-4646
Mr. David Hutton
City Engineer
City of Shakopee
219 East First Avenue
Shakopee, MN 55379
Re: S.P. 7005-53, 7005-57 & 7005-58 (TH 101)
Shakopee Bypass from TH 169 to CR 83
Construction, Right of Way, and Maintenance Letter of Understanding
Dear Mr. Hutton:
This letter shall serve as a letter of understanding between the City of
Shakopee and the Minnesota Department of Transportation concerning
construction, right of way acquisition, and maintenance for the above
referenced project. Attached are eight color coded maps of the project
included for clarification.
The State of Minnesota agrees to the following:
1. Proposed Trunk Highway 101 (from T.H. 169 to Old T.H. 101) and Overpasses
(CSAH 15, C.R. 77, C.R. 79, CSAR 17, CSAH 16, C.R. 83) (highlighted
yellow on sheets 1,2,3,4,6,7 & 8) :
a) Construction shall be designed, let, and supervised by Mn/DOT.
b) All right of way shall be acquired and maintained by Mn/DOT.
2. City's Linear Retention Pond (C.R. 79 to CSAH 16) (highlighted pink on
sheets 1,4,6 & 8) :
a) Mn/DOT shall acquire all right of way required.
b) Mn/DOT shall construct the linear retention pond.
c) A deed to convey fee ownership rights of the property on which
the retention pond is constructed shall be forwarded to the City
after construction is complete.
d) Limited access to the pond from highway right of way for
maintenance purposes shall be granted to the City (access from
CSAH 17) .
Olitttr—e; /
.r^' MINNESOTA
19'90
:ual Ovvor-uri.*y Em-inter
4)
January 31, 1990
Mr. David Hutton
Page Two
3. Upper Valley Drainage Project (Phase III) (highlighted blue on sheets
1,2,3 & 4) :
a) Project shall be designed by the City's consultant.
b) Construction shall be let and supervised by Mn/DOT.
c) Mn/DOT shall acquire all right of way (except for Tahpah and
Lions Parks) .
d) Permanent maintenance of the drainage system within City
limits shall be the responsibility of the City and, as the City
annexes additional property into it's corporate limits, the
drainage system included shall also become the City's
responsibility.
e) Rights shall be granted to the City to enter onto Mn/DOT's
drainage system for maintenance purposes.
f) The drainage ditch system in Jackson Township limits shall be
maintained by Mn/DOT.
4. Connector System (highlighted green on sheets 1,3,4,5,6 & 7) :
a) Project shall be designed by the City's consultant.
b) Construction shall be let and supervised by Mn/DOT.
c) Mn/DOT shall acquire all drainage ditch right of way except as
dedicated in the platting process (Ditch "4 through the Meadows
First Addition) .
d) Permanent maintenance of the drainage system within City
limits shall be the responsibility of the City and, as the City
annexes additional property into it's corporate limits,
maintenance of the drainage system included shall also become the
responsibility of the City.
e) Rights shall be granted to the City to enter onto Mn/DOT's
drainage system right of way.
f) The drainage system in Jackson Township limits shall be
maintained by Mn/DOT.
l -T o
January 31, 1990
Mr. David Hutton
Page Three
The City of Shakopee agrees to the following:
1. City's Linear Retention Pond (C.R. 79 to CSAH 16) (highlighted pink on
sheets 1,4,6 & 8) :
a) The City shall reimburse Mn/DCT for the cost of constructing the
retention pond.
b) The City shall reimburse Mn/DOT for the cost of the permanent
right of way and easements acquired for construction of the pond.
2. Upper Valley Drainage Project (Phase III) (highlighted blue on sheets
1,2,3 & 4) :
a) The City shall dedicate drainage easements to the State at no
cost to the State, through Lions Park and Tahpah Park for the
proposed drainage facility.
b) Permanent maintenance of the drainage system within City
limits shall be the responsibility of the City and, as the City
annexes additional property into it's corporate limits,
maintenance of the drainage system included shall also
become the responsibility of the City.
3. Connector System (highlighted green on sheets 1,3,4,5,6 & 7) :
a) Ditch 4 - The City shall require the developer of "The Meadows
First Addition" subdivision to dedicate all right of way
necessary for ditch construction and permanent maintenance prior
to plat approval.
b) Permanent maintenance of the drainage system within City
limits shall be the responsibility of the City and, as the City
annexes additional property into it's corporate limits,
maintenance of the drainage system included shall also
become the responsibility of the City.
•
/ 3
January 31, 1990
Mr. David Hutton
Page Four
City of Shakopee hereby accepts and agrees to the terms and conditions set
forth in this letter of understanding.
City of Shakopee By ---ou<
Its
./ ,1 .
I (i7/11 •
B •A�,•t -; / - ,ey ;�,�.�'�"LC a . Y
Its, ' ity Clerk a-6 -`lo Its City Administrator
The State of Minnesota Department of Transportation hereby accepts and agrees
to the terms and conditions set forth in this letter of understanding.
State of Minnesot
By
Its • S."
,4 /)/q
Sincerely, ,,
a 1
W. M. Crawford
�1 Metro District Engineer
COSENT
Memo To: Council
From: Building Official
Date: 5/3/91
Subject: Heating quotes/Public Works
INTRODUCTION
All vendors in Shakopee were contacted by mail and were requested
to submit sealed proposals for rebuilding the heating system at the
public works building. Only one vendor responded, Minnesota
Plumbing and heating was the only bidder.
Attached, a copy of the letter requesting quotes. Attached, the
quote from Minnesota Plumbing and Heating.
We have budgeted $1400 . 00 for this project. The bid from Minnesota
Plumbing and Heating was for $7, 125. 00 considerably below budget.
ALTERNATIVES
1. re-bid the project
2 . don 't do the project
3 . Accept the bid of Minnesota Plumbing and Heating of $7, 125. 00
and have the work completed.
RECOMMENDATION
1. Staff recommends alternative number three.
ACTION REQUESTED
1. Direct staff to enter into a contract with Minnesota Plumbing
and Heating for the sum of $7 , 125. 00 to rebuild the heating
system at the public works building.
v.
liras u al i°gu .
MINFI=SOTA PLUMBING AND HEA 11IG
plumbing - Heating - Air Conditioning
1420 West 3rd Ave. Shakopee, Minnesota 55379
PHONE 445- 444'
PHONE . DATE
rltorosnt SUBMITTED TO O 4/25/91
CITY OF SI[AKOPEE JO44 —B NAME
1 6
SiRFPUBLIC WORKS GARAGE
129 E. 1St'• JOB LOCATION
CITY, STATE AND ZIP CODE
SHAKOPEE MN. 55379Joe PHONE
DATE OF PLANS
AR CItITF.C( ..
Wo Mnrnby submit specifications and estimates for.
Rebuild/. date existing Co-Ray-Vac
and up Heating System
etc
1-
1- Femove old worn, rusted, or inadequate burners, tubing, hangers,
2- Install new:
Q� Description
21 10' tube coated inside
2 4" elbow coated
30 tube coupling plain
7 combustion chamber
7 burner head package crva
r2C reflector support 4" (wire only)
G J
7 main orifice
2 4" tee coated
7 air shutter replacement
The result of this retrofit will be 1990' s state of the art Co-Ray-Vac
system. This new system will have an increased
oheatingycapacity ftechnology.
BTU/hr without u spump andnreflectohe high
materialsefficiency
will be utilized, as well as
Existing vacuum pump
hangers and control system.
Total Labor & Materials $6,936.00
I
$189.00
For a sound abating box around vacuum pump add
__Y--- nereUy to late ;r, ac ordanco with above specl!lcstlo^s, 'er !h� e_... ^!:
Vi +.
� yYsP �fIU}tL71'il' nnrtisit ntateliai and labor — comp
dollars($
I'aymenl to be made es follows:
All material Is guaranteed to be as specified. All work to be completed In a workmanlike AUlhOrized / ( �j�.J—Q
manner according to standard practices.My alteration or deviation from above spec Signature •,
lions Involving extra costs will be executed only upon written order*,end wilt become an g Note:This proposal may be T
workers
charge over end above the estimate.All agreements contingent upon strikes,accidents l/ days.
' or delays beyond OUT control Owner to carry fire,tornado Iand othercenecessary insurance. withdrawn by us if not accepted within
{ Our workersan fully covered by Workmen's Com Wn
•
{ .cam+ T'rap
+k tatt( of linyj]$al-The above prices. specifications
Si •
g nature
and conditions are satisfactory and are hereby accepted. You are authorized
to do the work as specified.Payment will be made as outlined above.
Signature
Date of Acceptance:
1 3-f
CITY OF SHAKOPEE X14
INCORPORATED 1870
129 EAST FIRST AVENUE. SHAKOPEE. MINNESOTA 55379-1376 (612)445-3650 A'1'KC
March 10 , 1991
Ries Heating & Sheet Metal
220 South Atwwod Street
Shakopee, Minnesota 55379
Dear Pete:
The City of Shakopee is requesting sealed quotes for the following
work located at the Shakopee Public Works building:
REBUILD AND UPDATE EXISTING CO-RAY-VAC HEATING SYSTEM
The work shall include the following:
1. remove old rusted, worn or inadequate burners, tubing, hangers,
etc. in the overhead Co-Ray-Vac heating system.
2 . Install new:
Quanity Description
21 10 ' tube coated inside
2 4" elbow coated
30 Tube coupling plian
7 Combustion burner
7 Burner head package crva
25 Reflector support 4" (Wire only)
7 Main orifice
7 Air shutter replacement
2 4" Tee coated
For sound abatement build sound abating box around vacuum pump.
The system will be removed by the sucessful bidder and should be
re-built by the Co-Ray-Vac company and reinstalled by the sucessful
bidder.
Mail sealed bids to: Shakopee City Hall , 129 East 1st Avenue,
Shakopee, Minnesota, "Attention Judy Cox" , Bid Inclosed.
These will be opened on May 3rd, 1991 at 10 : A:M.
Thank you(
LeRoy)F. Houser
Building Official
The Heart Of Progress Valley
AN EQUAL OPPORTUNITY E.MPLOvER
CITY OF SHAKOPEE ` 1
4<q-
INCORPORATED
<qINCORPORATED 1870 =�
41,KO ,
129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612)445-3650 A
t
March 10, 1991
Associated Mechanical Contractors Inc.
1257 South Marschall Road
Shakopee, Minnesota 55379
Dear Joe:
The City of Shakopee is requesting sealed quotes for the following
work located at the Shakopee Public Works building:
REBUILD AND UPDATE EXISTING CO-RAY-VAC HEATING SYSTEM
The work shall include the following:
1. remove old rusted, worn or inadequate burners, tubing, hangers,
etc. in the overhead Co-Ray-Vac heating system.
2 . Install new:
Quanity Description
21 10 ' tube coated inside
2 4" elbow coated
30 Tube coupling plian
7 Combustion burner
7 Burner head package crva
25 Reflector support 4" (Wire only)
7 Main orifice
7 Air shutter replacement
2 4" Tee coated
For sound abatement build sound abating box around vacuum pump.
The system will be removed by the sucessful bidder and should be
re-built by the Co-Ray-Vac company and reinstalled by the sucessful
bidder.
Mail sealed bids to: Shakopee City Hall, 129 East 1st Avenue,
Shakopee, Minnesota, "Attention Judy Cox" , Bid Inclosed.
These will be opened on May 3rd, 1991 at 10: A:M.
Thank you,
� o FHouser
Building Official
The Heart Of Progress Valley
AN EQUAL OPPORTUNITY EMPLOYER
/ 3 �
may''
��
CITY OF SHAKOPEE I•
a
INCORPORATED 1870 '�
129 EAST FIRST AVENUE. SHAKOPEE, MINNESOTA 55379-1376 (612) 445-3650
March 10 , 1991
Ron' s Mechanical
1812 Shakopee Avenue East
Shakopee, Minnesota 55379
Dear Sir:
The City of Shakopee is requesting sealed quotes for the following
work located at the Shakopee Public Works building:
REBUILD AND UPDATE EXISTING CO-RAY-VAC HEATING SYSTEM
The work shall include the following:
1. remove old rusted, worn or inadequate burners, tubing, hangers,
etc. in the overhead Co-Ray-Vac heating system.
2 . Install new:
Quanity Description
21 10 ' tube coated inside
2 4" elbow coated
30 Tube coupling plian
7 Combustion burner
7 Burner head package crva
25 Reflector support 4" (Wire only)
7 Main orifice
7 Air shutter replacement
2 4" Tee coated
For sound abatement build sound abating box around vacuum pump.
The system will be removed by the sucessful bidder and should be
re-built by the Co-Ray-Vac company and reinstalled by the sucessful
bidder.
Mail sealed bids to: Shakopee City Hall, 129 East 1st Avenue,
Shakopee, Minnesota, "Attention Judy Cox" , Bid Inclosed.
These will be opened on May 3rd, 1991 at 10: A:M.
Than' you,
. Houser
Bu±l.ding Official
The Heart Of Progress Valley
AN EQUAL OPPORTUNITY EMPLOYER
MEMO TO: Dennis Kraft, City Administrator
FROM: Dave Hutton, Public Works Director
SUBJECT: Shakopee Bypass - Engineering Services
DATE: May 2 , 1991
INTRODUCTION:
Attached is a request for a Supplemental Agreement for additional
engineering services from Barton-Aschman Assoc. , Inc. , the
consultant who has been retained by the City of Shakopee to provide
assistance to Mn/DOT for the Shakopee Bypass Project.
BACKGROUND:
The City of Shakopee agreed to contribute 1. 0 million dollars
towards the Shakopee Bypass Project. Several years ago, Mn/DOT
requested that the City of Shakopee use that money to provide them
with assistance in designing this project. To that extent, there
has been three separate agreements signed with the City of Shakopee
covering the design of this project. One agreement was directly
with Mn/DOT to provide funds for bridge designs, the second
agreement was executed with Orr-Schelen-Mayeron & Assoc. to provide
the drainage design for the Upper Valley Drainageway and Shakopee
Bypass, and the third agreement was signed with Barton-Aschman
Assoc. , Inc. to provide assistance to Mn/DOT in designing the
County Road intersections with the Shakopee Bypass.
Barton-Aschman is now requesting that a supplemental agreement be
signed for their portion of the design of this project. Attached
is a letter from Barton-Aschman outlining the reasons for this
additional agreement. As stated in the letter, there are a number
of reasons for additional engineering services and all of them were
beyond the control of the City of Shakopee or Barton-Aschman. The
main reasons for additional engineering services are the result of
Mn/DOT ' s constant changes in the project such as staging revisions,
funding constraints resulting in design time spent on temporary
intersections, project delays, multiple construction contracts
resulting in duplication of efforts, additional design requirements
placed by the County highways, additional right-of-way appraisal
work beyond the original Scope of Services, etc.
The total amount requested in this supplemental agreement is
$141, 749 . 20 . Mn/DOT staff and City staff have reviewed this
request and have determined that the amount requested is justified.
Since the agreement is between the City of Shakopee and Barton-
Aschman, the City Council of Shakopee must approve of this
supplemental agreement. Prior to approving this supplement, staff
must first provide City Council with the discussion on the status
of the existing funding situation relative to our 1. 0 million
contribution. All numbers presented in the below discussion were
supplied to staff by the City' s Finance Director.
Funding Discussion
The following table summarizes what has been expended by the City
of Shakopee to date on this project:
Original
Agreement Paid to Date
Mn/DOT (Bridge
Design Consultants)
$361, 487 . 00 $361, 487 . 00
OSM (Drainage Design) $147, 300. 00 $217 , 504 . 00
Barton-Aschman (Crossroads) $341, 777 . 00 $300,710. 00
Misc. (City Staff time, $ -0- $ 38 , 343 . 00
Legal, Moody' s, etc. )
Totals $857,564.00 $918,044.00
If this supplemental agreement is approved, the following table
outlines the remaining dedicated items that would need to be paid:
Remainder of Original Barton-Aschman Agreement $ 41, 076. 00
Requested Supplemental Agreement $141, 749 . 00
Schmitz Noise Variance $ 20, 000 . 00
Total $202,816.00
Adding this into what has been expended to date by the City of
Shakopee on this project, brings a grand total to $1, 121, 860. 00.
Even though the City of Shakopee will have expended more than their
$1. 0 million dollars, staff feels that their are several items in
the above summary which should be discussed:
1. Miscellaneous expenses of $38, 343 . 00. This cost is for
staff time, legal time, Moody's bond investment time, etc. and
miscellaneous expenses associated with this project. Staff does
not believe that these items were originally intended to be
included in the $1. 0 million contribution to Mn/DOT for this
project. If the City had donated $1. 0 million dollars towards
Mn/DOT in one lump sum for construction and/or right-of-way costs,
this $38 , 343 . 00 in miscellaneous expenses would have still
_ _ /It
occurred. Staff believes that these are just costs associated with
administering this project and should not be included in the $1. 0
million.
2 . Schmitz award of $20, 000 . 00 for noise. This amount was
certainly not anticipated in the original $1. 0 million and was
negotiated by the City of Shakopee and Mn/DOT after the project was
into design.
3 . OSM drainage design. Although the numbers in the above
table show that OSM is over their original contract by
approximately $70 , 000 . 00, staff would like to point out that there
are many projects and design features related to this drainage
design making it a very complex project and not all of those costs
are necessarily associated with the Shakopee Bypass drainage
design. For example, as a result the Shakopee Bypass design, the
City of Shakopee was required to prepare stormwater management
plans for the Millpond Drainage Basin and the Deans Lake Basin.
These costs were included in the Citys contribution to this project
by payment to OSM, even thought they were not part of the original
drainage design scope of services as originally determined by the
City of Shakopee and Mn/DOT. There have been other complex
drainage issues associated with this design and included in OSM' s
charges, such as alternatives for passing the highway drainage
through Tahpah Park, tying in the crossroad County highway drainage
design to the Upper Valley Drainageway, designing a pond in Lions
Park as a project which will be funded for by the Lions Club but
contributed to the drainage facility and will be used for storage
associated with the drainageway and additional facilities near the
Deans Lake/County Road 83 area of the Bypass.
Staff would also like to discuss the amount of funding available
left in this fund. The Finance Director that there is
approximately $171, 000. 00 remaining in the fund. The items left to
pay out of this would be as follows:
1. The remainder of Barton-Aschman contract $41, 000. 00
2 . Schmitz noise award. $20, 000. 00
Total $61,000 . 00
This would leave a balance in the account of approximately
$110, 000. 00. If this supplemental agreement were approved there
would be a shortfall of approximately $31, 000. 00 in this account.
The Finance Director has indicated that when the $1. 0 million
dollars bonds were sold, it was invested and the interest from
those investments were rolled back into the account. Therefore,
the actual funds available are higher than the $1. 0 million sold in
bonds.
The Finance Director has also indicated that the balance left in
the T.H. 169 Bridge and Minibypass Project is $132 , 000 . 00 . The
City of Shakopee has paid Mn/DOT the entire $1. 9 million associated
with this project and the balance of $132, 000. 00 is available to
provide assistance in the southerly bypass project. The Finance
Director has indicated that $30, 000. 00 could be transferred to the
southerly bypass to cover the balance due if this supplemental
agreement were approved and that the remainder of the funds in the
169 bridge account would be used to reduce the debt service fund.
ALTERNATIVES:
1. Approve of the supplemental agreement as requested by Barton-
Aschman Assoc. , Inc.
2 . Deny the request.
RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Move to direct the appropriate City officials to execute a
Supplemental Agreement with Barton-Aschman Assoc. , Inc. for
additional design services associated with the Shakopee Bypass
Project in the amount of $141, 749 . 20.
DH/pmp
SUPPLEMENT
Barton-Aschman Associates, Inc. •
111 Third Avenue South, Suite 350 Phone: (612) 332-0421
Minneapolis, Minnesota 55401 Fax: (612) 332-6180
USA
April 12, 1991
Mr. David Hutton, P.E.
City Engineer
City of Shakopee
129 East First Avenue
Shakopee, MN 55379
Re: Request for Supplemental Agreement and Extension of Contract Time for
Design Services Associated With the Trunk Highway 101 Bypass Project
(S.P. 7005)
Dear Mr. Hutton:
As you are aware, Barton-Aschman Associates, Inc. has submitted final
construction plans for County Road 83 and County State Aid Highway 17 to
reviewing agencies . Both crossroads are scheduled for Stage 2 construction
with a program letting date of February 1992. The right-of-way parcel
appraisals for Stage 2 and design of the remaining crossroads in Stages 3 and
4 is continuing, however, as I discussed with you at our recent meeting, many
factors have contributed to a right-of-way and design budget shortfall .
A summary of the key factors contributing to this budget shortfall follows:
• Due to MnDOT' s funding problems, significant delays have occurred.
Barton-Aschman's contract with the City of Shakopee formally expired in
August 1989. Therefore, an extension of contract time to January 1992
is hereby requested.
• Due to these project delays, inflation in consulting services has
occurred.
• Funding constraints created the need to analyze various construction
phasing scenarios based on proposed funding cutbacks.
• Mapping showing proposed right-of-way acquisition is complete. Title
searches and parcel sketches are in their final stages of the
preacquisition process. Upon completion of the above, real estate
CONTRACT—s2ICING PROPOSAL Office of Management and Budget
ATTACHMENT B Approval No. 29-R0184
This form is for use when (i) submission of cost or pricing data (see FPR 1-3.807-3) is required and PAGE NO. NO OF PAGES
(ii) substitution for the Optional Form 59 is authorized by the contracting officer. 1 1 1
NAME OF OFFEROR SUPPLIES AND/OR SERVICES TO BE FURNISHED
Barton-Aschman Associates, Inc. Supplemental Agreement for Right-of-Way
HOME OFFICE ADDRESS and Detail Design Services for
111 Third Avenue South, Suite 350 TH 101 Bypass
Minneapolis, MN 55401
RVISION(SI AND LOCATION(S)WHERE WORK IS TO BE PERFORMED TOTAL AMOUNT OF PROPOSAL GOVT SOLICITATION NO.
Minneapolis Office s 141,749.20
DETAIL DESCRIPTION OF COST ELEMENTS
TOTAL REFER.
I. DIRECT MATERIAL(Itemize on Exhibit A) EST COST (5) EST COST' ENCE'
a. PURCHASED PARTS / p 4 ak i f e�
CADD Materials/Re roduction 3, 30.00> ''�<>;:~�>'><>���$
b. SUBCONTRACTED ITEMS
r. OTHER—(I) RAW MATERIAL _.._..
(2) YOUR STANDARD COMMERCIAL ITEMS ::....:..
(3) INTERDIVISIONAI TRANSFERS (Al other than cost)
TOTAL DIRECT.MATERIAL E`''.;. :::,...:;;;;;; ,.. 3,430.00
2. MATERIAL OVERHEAD' (Rate %XS base=)
ESTIMATED RATE/ EST
3. DIRECT LABOR (Specify) HOURS HOUR COST (5)
Principal Associate 120 31.50 3,780 3,780.001WMONW
Senior Associate 420 25.00 10,500.00.-
Associate 640 17.00 10,880.00.::.<
Technician 900 13.00 11,700.00
Clerical 80 10.50
TOTAL DIRECT LABOR r :,::,. ..... . : : ;: 37,700.)0
a. LABOR OVERHEAD (Specify Department or Cost Center)' O.M.RATE x BASE= EST COST ($)
1.6566 37,700 62,453.82
TOTAL LABOR OVERHEAD
»> _ ,.,r .<: 100 153._ 2
5. SPECIAL TESTING (fedudieg field work at Goserameat iiestallatiost) EST COST (5)
TOTAL SPECIAL TESTING
6. SPECIAL EQUIPMENT (If direct charge) (Itemize on Exhibit A)
7 TRAVEL (If direct charge) (Give details en attached Schedule) EST COST (S) •
o. TRANSPORTATION Mileage x 0.275 150.00 ...
b. PER DIEM OR SUBSISTENCE
TOTAL TRAVEL 150.30
8. CONSULTANTS (Identify-purpose-rate) EST COST(5) vw-
Shenehon-Goodlund-Taylor Inc. - Appraisers 7,000.00
Universal Valuation Services - Appraisers 10,500.0G/._ .
Andrus Agency Inc. - Appraisers 110,500.00
Total first appraisals=43 parcels--second appraisal=507
Average appraisal cost/parcel=$1,660.00 TOTAL CONSULTANTS 28,000.00
9. OTHER DIRECT COSTS (Itemize on Exhibit .1)
I0. TOTAL DIRECT COST AND OVERHEAD
1 I. GENERAL AND ADMINISTRATIVE EXPENSE (Rate % of io,l element Na. )'
12. ROYALTIES'
13 TOTAL ESTI%1.i TED LOST
14 FEE OR PROFIT 10% of lines 3 and 4 10,015.138
IS TOTAL ESTI SI.ITED cosII
t AND FEE OR PROT 1141,749.20
1 OPTIONAL FORM 60
October 1971
General Scrsass Admmvsuslsun
FPR I-16.816
5060-101
) 31-
Barton-Aschman Associates, Inc.
April 12, 1991
Page 2
appraisals will commence along the corridor. Original person-hour
budget estimates for the right-of-way package were conducted prior to
construction limits being available. Final fee estimates have been
refined based on final construction limits for the project.
• Administration of multiple construction contracts (Stages 2 through 4)
requires duplication of a significant number of plan sheets, standard
details, tabulations, special provisions, etc.
• County State Aid Highway 16 has been designed to an urban section within
the construction limits dictated by the overpass of TH 101 .
• Current crossroad construction estimates, excluding the bridges, have
escalated to approximately $4.5 million. Typical design fees for a
project of this nature range from 5.5 percent to 6.5 percent depending
on complexity. For a fee distribution breakdown, refer to Attachment A.
The majority of the above discussion represents situations that were beyond
the control of the City of Shakopee and the consultant.
Based on current project staging and design data, we have identified for your
consideration an estimate of cost to complete the remaining right-of-way and
design tasks by the end of this year. The fee distribution by work task and
level of effort estimate are shown in Attachments A and B. The total
supplemental amount requested is $141,749.20.
Barton-Aschman has been informed that the city's funding contribution to the
development of the Trunk Highway 101 bypass is nearing the one million dollar
cap. As a result, a meeting was conducted with MnDOT Right-of-Way staff on
March 14, 1991, to alert them that under the original scope of services, the
city's budget would be exceeded by a substantial amount (approximately $35,000
not including the cost of second appraisals which are required when certain
monetary thresholds are exceeded) . Therefore, in an effort to reduce the
right-of-way preacquisition costs, it was agreed that MnDOT Right-of-Way would
accept additional responsibilities. They include preparing all parcel
sketches, supplemental title work, and first and second appraisals for 20
parcels in the western segment of the project (Stage 4) . Barton-Aschman will
maintain responsibility for preparing first and second appraisals for 43
parcels along the eastern segment from CSAH 15 to County Road 83. It is
estimated, however, that even with the work reassignments discussed above, the
city account will be exceeded by approximately $12,000.
Barton-Aschman Associates, Inc.
April 12, 1991
Page 3
Please review this request at your earliest convenience. If you need
additional information, do not hesitate to give me a call .
Sincerely,
TON-AS MAN ASSOCIATES, INC.
l
or
avi : . Warz a, P.E.
Principal As ociate
DBW:dmv
Attachments
Approved by the City Council of Shakopee on the day of ,
1990.
Mayor City Administrator
Date Date
ATTEST:
City Clerk
Date
ATTACHMENT A
TH 101 Fee Breakdown
Proposed
Current Amended
Task Budget Budget
R/W Mapping $ 65,000.00 $102,027.00
Title Searches 7,375.00 7,375.00
Appraisals 80,000.00 108,000.00
Final Design 189,403.00 266, 125.00
Total $341 ,778.00 $483,527.00
Total Supplement Requested = $141,749.00
("Construction Value = $4,500,000
Design Fee (estimate) = 266, 125
Percent of Construction = 5.9%
("Estimated construction cost excluding bridges for CSAH 15, CR 79, CR 77,
CSAH 17, CSAH 16, and CR 83.
•
•
COI . ..ACT PRICING PROPOSAL Office of Management and Budget
ATTACHMENT B Approval No. 29—R0184
PAGE NO NO OF PAGES
This form is for use when (i) submission of cost or pricing data (see FPR 1-3.807-5) is required and
Or) substitution for the Optional Form 59 is authorized by the contracting officer.
NAME OF OFFEROR SUPPLIES AND/OR SERVICES TO BE FURNISHED
Barton—Aschman Associates, Inc. Supplemental Agreement for Right—of—Way
HOME OFFICE ADDRESS and Detail Design Services for
111 Third Avenue South, Suite 350 TH 101 Bypass
Minneapolis, MN 55401
pIISION(S:AND LOCATION(S)WHERE WORK IS TO BE PERFORMED TOTAL AMOUNT OF PROPOSAL IGOV'T SOLICITATION NO
Minneapolis Office s 141,749.20
DETAIL DESCRIPTION OF COST ELEMENTS
TOTAL REFER-
DIRECT MATERIAL(Itemize ow Ethibi, A) EST COST (5) EST COST' ENCS:
a. PURCHASED PARTS CADD/Materials/Reproduction 3,430.00rI
b. SUBCONTRACTED ITEMS I
t. OTHER_(:)RAW MATERIAL
(2) YOUR STANDARD COMMERCIAL ITEMS
(3) INTEROIVISIONAL TRANSFERS (At caber thaw toll)
TOTAL DIRECT.'.1TERIAL 3,430.00
2. MATERIAL OVERHEAD' (Rate X.\5 base=)
ESTIMATED RATE/ EST
3. ORtECT LABOR (Specify) HOURS HOUR COST (5)
Principal Associate 120 31.50 3,780.00'
Senior Associate 420 25.00 10,500.00
Associate 640 17.00 10,880.00'
Technician 900 13.00 11,700.00
Clerical 80 10.50 840.001
TOTAL DIRECT LABOR ': 37,700.00
4 LABOR OVERHEAD (Specify Depart.wee,or Colt Center)' O.H.RATE ( X RASE= EST COST (S)
1.6566 37,700 62,453.82
TOTAL LABOR OVERHEAD .:' a. 100, 153.$2
S SPECIAL TESTING (Is.Iwdreg field aor4 at Goterwmrist twuallaaowt) EST COST (5)
TOTAL SPECIAL TESTI\C, tl
e SPECIAL EOuIPMENT (If direr, c6alre) (Itemize ow EAhtbi, .1)
7 TRAVEL (1/duvet charge) (Cite devils eta attached Schedde) EST COST (S)
a. TRANSPORTATION Mileage x 0.275 150.OS
b. PER DIEM OR SUBSISTENCE
LOYAL TR1I'EI. 150.00
8 CONSULTANTS (Idewtt/)—pwrpoze—rair) I EST COST(5)
Shenehon—Goodlund—Taylor Inc. — Appraisers 17,000.00 1
Universal Valuation Services — Appraisers 110,500.00
Andrus Agency Inc. — Appraisers 110,500.00
Total first appraisals=43 parcels--second appraisal=50%
Averaze appraisal cost/parcel=$1,660.00TOTAL CO\'S( 7.1\TS 28,000.00
9 OTHER DIRECT COSTS (hewn( ow E'hibtt .4)
to T07.4L DIRECT COST A\D OI'ERHE.40
II GENERAL AND ADMINISTRATIVE EXPENSE (Rate X of soil element \'o,. )'
12 ROYALTIES•
13 TO ISIILI 4TED CO%(
1e FEf Oe PROFIT 10% of lines 3 and 4 I 10,015.38
15IDTILESTI NITE7) COS I .1\I) EEL ORPRO!IT 1141 ,749.120
1 OPTIONAL. FORM G0
October 19-1
Gen/14i Set.is.. Admrnuum..n
FPR I-IG.buo
1060-101
� 13r
Memo To: Dennis R. Kraft, City Administrator
From: Marilyn Remer, Personnel Coordinator
Re: Assistant Planner Position
Date: May 3 , 1991
Introduction
At the March 19 , 1991 meeting, Council authorized city staff
to advertise for the budgeted Assistant Planner position.
Background
Advertisements for the Assistant Planner position were placed
in the Star Tribune, Shakopee Valley News and the Minneapolis
Spokesman (a minority newspaper) . Thirty-nine (39) applicants
responded by the April 12 , 1991 deadline.
Minimum requirements established for the position were: 1) Two
years planning experience (municipal preferred) ; 2) Bachelor
Degree in Urban/City Planning or a closely related field; and
3) computer skills. (A Master Degree in Urban/City Planning
may be substituted for the two years experience. ) Sixteen
(16) applicants met the minimum requirements. Six (6)
candidates were selected to be interviewed. At the time the
candidates were contacted for the interview they were informed
that the Assistant Planner position has been budgeted for
1991, but due to the current financial condition of the State
of Minnesota and likelihood of significant local governmental
aids cuts for 1991, the City of Shakopee can give no assurance
that the position will be funded in 1992 . One candidate
declined the interview and there was one no-show.
An interview panel consisting of Lindberg Ekola, City Planner,
Barry Stock, Assistant City Administrator and myself
interviewed four candidates on April 23 , 1991. Due to the
uncertainty of the position' s longevity, one of the candidates
withdrew from further consideration. The panel recommended
that Terrie Sandbeck be furthered interviewed by the City
Administrator. Ms. Sandbeck will receive a Master of Arts in
Urban & Regional Studies from Mankato State University in June
1991. She is currently employed as Associate City Planner for
the City of Prior Lake. This position satisfies the
internship requirement for the Master of Arts in Urban &
Regional Studies. Prior to that she was a Research Assistant
for the University' s Urban & Regional Studies Institute.
The panel further recommended that Step One, $25, 212 ,/yr.
would be the appropriate starting wage for Terrie Sandbeck.
The hiring would be contingent on the candidate successfully
passing a pre-employment physical.
On May 3 , 1991 the City Administrator interviewed Ms.
Sandbeck. The City Administrator concurs with the
recommendation of the interview panel and recommends May 28,
1991 as the starting employment date for Ms. Sandbeck.
Alternatives
1. Authorize the hiring of Terrie Sandbeck for the Assistant
Planner position starting at $25, 212/yr. (Step One of the
1991 Pay Plan) , effective May 28, 1991.
2 . Do not authorize filling the Assistant Planner position
at this time.
3 . Table action pending further information from staff.
Staff Recommendation
Staff recommends alternative #1.
Action Requested
Move to authorize the hiring of Terrie Sandbeck as Assistant
Planner starting at $25, 212/yr. (Step One of the 1991 Pay
Plan) effective May 28 , 1991.
CONSENT
5s
MEMO TO: Mayor & City Council
FROM: Dennis R. Kraft, City Administrator
RE: Bloomington Ferry Bridge/County Road 18 Interchange
DATE: May 2, 1991
Introduction and Background:
As you are aware, a recent decision of the Metropolitan
Council would DELETE the paving of the southbound loop and
northbound ramp of the County Road 18 Bloomington Ferry Bridge
interchange, rendering them unusable. This loop and ramp would
have provided Prior Lake residents with direct access to the new
bridge. It would provide a safe and efficient means of
transportation for between ten and seventeen thousand vehicles per
day in the future.
The City of Prior Lake has put together a strategic plan to
promote the completion of this interchange as originally planned.
They are also seeking commitments from other jurisdictions
supporting their position and requesting their help, aid and
assistance in accomplishing their objective.
RECOMMENDED ACTION:
Offer Resolution No. 3396, A Resolution Stating Support For
City Of Prior Lake's Positions Relative To The Securing Of Full And
Direct Access To The Bloomington Ferry Bridge From Scott County
Road 18, and move its adoption.
P S
RESOLUTION NO. 3396
A RESOLUTION STATING SUPPORT FOR
CITY OF PRIOR LAKE 'S POSITIONS RELATIVE TO
THE SECURING OF FULL AND DIRECT ACCESS TO THE
BLOOMINGTON FERRY BRIDGE FROM SCOTT COUNTY ROAD 18
WHEREAS , for many years residents of norther Scott County and
other areas south of the Minnesota river have sought safe, quick,
and convenient traversal of the Minnesota River; and
WHEREAS, the replacement of the Bloomington Ferry Bridge,
scheduled to start construction in 1991, will meet that goal ; and
WHEREAS, critical to the mission of the Bloomington Ferry
Bridge replacement is direct access to Scott County Road 18 , as it
exists south of Trunk Highway 101; and
WHEREAS , on April 11, 1991, the Metropolitan Council took
action to deny direct access to the new bridge from that roadway,
which action will instead force travelers of Scott County Road 18
to utilize wasteful and confusing circuitous routes utilizing
frontage roads to gain access; and
WHEREAS, this alternate access as directed by the Metropolitan
Council will have a deleterious affect upon existing and future
populations of Scott County and surrounding areas, and
specifically, the cities of Prior Lake and Savage, most of whose
population currently resides within the Metropolitan Urban Services
Area; and
WHEREAS, the Metropolitan Council did indicate that it would
re-examine the issue within two years to determine whether the
directive would continue; and
WHEREAS, the City of Prior Lake has set forth a strategy which
would seek to work with the Metropolitan Council and other affected
agencies to seek to reverse the directive of the Metropolitan
Council, thus allowing direct access by means of the paving of two
ramp accesses from Scott County road 18 to be bridge approaches;
and
WHEREAS, the City of Prior Lake seeks support from the City of
Shakopee, and others, towards the attainment of the goal of full
and direct access from Scott County Road 18 to the Bloomington
Ferry Bridge.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council
that the City of Shakopee hereby expresses its support for Prior
Lake' s goal of "complete, safe, and direct" access to the
Bloomington Ferry Bridge, and further indicates its willingness to
held, aid, and assist towards the accomplishment of that objective.
/.1.5
Adopted in Regular Session of the City Council of the City of
Shakopee, Minnesota, held this 7th day of May, 1991.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form.
City Clerk
MEMO TO: Dennis Kraft, City Administrator
FROM: Dave Hutton, Public Works Director ���
SUBJECT: 5th Avenue/Market Street
DATE: April 30, 1991
INTRODUCTION:
A conflict in City of Shakopee policy and Shakopee Public Utility
policy has necessitated the need for the respective staff to reach
an agreeable solution on the above referenced project. Staff is
seeking City Council endorsement on the proposed solution.
BACKGROUND:
During the preconstruction conference for the 5th Avenue/Market
Street Project, Shakopee Public Utilities staff informed City staff
that SPUC policies do not allow service lines to be stubbed out to
unplatted properties. Currently, all of the land abutting 5th
Avenue between Fillmore Street and Market Street is unplatted.
(See attached map)
The City of Shakopee has a policy that new streets will not be cut
into for the first 5 years after construction.
It is quite evident to City staff that once the street and
utilities are constructed through this area development will occur.
Therefore, the above two policies are in conflict as to whether the
service lines should be installed from the main to the property
line to avoid cutting open a new street. City staff has decided to
stub out the sanitary sewer services but the Utility Manager is
opposed to stubbing out the water services.
City staff met with the Utilities Manager in an attempt to resolve
these differences. The meeting was successful in that the
Utilities Manager has agreed to stub out the water services on two
conditions.
First, the City of Shakopee will agree to execute a developer' s
agreement with the abutting property owners regarding these service
lines. These agreements would state that the property owners take
full responsibility for the costs associated with installing the
services and the number of services desired. If all of the
services are not used based on the final lot configuration, the
owners agree to pay for all costs to remove the services.
There are 4 property owners adjacent to 5th Avenue: City of
Shakopee, TenEyck, Brown and Smith. Three of the property owners
(all but TenEyck) are proposing to plat their lands yet in 1991 and
have developed lot layouts such that the number of service stubs
can be determined. Preliminary lot layouts for the Brown/Smith
parcels have already been submitted to staff for platting purposes.
Mr. Brown and Mr. Smith are willing to execute the service
agreements to satisfy SPUC' s concerns.
The potential lot layout for the City of Shakopee parcel has
already been identified and was submitted to the Shakopee HRA in
March, 1991.
It is not proposed to stub out service lines to the TenEyck
property as they have indicted they have no desire to subdivide
their property within the next 5 years.
The second condition requested by the Utility Manger is that all
services stubbed out that are not utilized would be removed all the
way to the main. Staff agrees with that request but indicated that
any service stubs that need to be removed could be done after the
5-year requirement has expired. This is acceptable to SPUC.
Staff is seeking City Council endorsement for this solution and
would like authorization to proceed with drafting the appropriate
agreements. The contractor has started construction on the
sewer/water mains and staff cannot afford to wait until the
platting process is complete to determine the number of service
lines needed. Within the next 1-2 weeks the contractor will need
a determination on the number of service lines.
ALTERNATIVES:
1. Accept the proposed resolution of this issue as agreed by the
staffs.
2 . Determine a different solution to the conflicting policies.
RECOMMENDATION:
Staff recommends Alternative No. 1. This issue presented both City
and SPUC staff an opportunity to work together to reach an
acceptable solution to both parties. Rather than remaining firm on
the City policy or the SPUC policy, staff is willing to modify each
one slightly to apply to this situation.
ACTION REQUESTED:
Direct staff to prepare the appropriate agreements with the
abutting property owners to address the proposed service lines on
the 5th Avenue Project.
DH/pmp
POLICY
I37
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.,°;0i\ISENT
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerk
RE: Premise Permit for Shakopee outh Baseball/Softball
DATE: April 23, 1991
INTRODUCTION & BACKGROUND:
Attached is Resolution No. 3387, Approving a Premises Permit
for Shakopee Youth Baseball/Softball, 911 East 1st Avenue. This
would be a renewal of their existing license which expires July 31,
1991.
RECOMMENDED ACTION:
Offer Resolution No. 3387, A Resolution of the City of
Shakopee, Minnesota, Approving a Premises Permit for Shakopee Youth
Baseball/Softball, and move its adoption.
JSC/tiv
) 4t
RESOLUTION NO. 3387
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING
A PREMISE PERMIT FOR SHAKOPEE YOUTH BASEBALL/SOFTBALL
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, Shakopee Youth Baseball/Softball is seeking renewal
of their permit through July 31, 1992 ;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, AS FOLLOWS :
That the premise permit for Shakopee Youth Baseball/Softball ,
at Cheers 2 Ya, 911 East 1st Avenue, Shakopee, Minnesota, be
approved.
Passed in Regular Session of the City Council of the City of
Shakopee, Minnesota, held this 7th day of May, 1991.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
CONSENT i ' b
MEMO TO: Dennis R. Kraft, City Admi strator
FROM: Judith S. Cox, City Clerk
RE: Premise Permits for V.F.W.
DATE: April 30, 1991
INTRODUCTION & BACKGROUND:
Attached is Resolution No. 3388, approving premise permits for
V.F.W. Post 4046. This resolution approves the sale of pull tabs
at Turtles Bar, 132 East 1st Avenue and at the Eagles Club, 221
West 2nd Avenue. It also approves a premise permit for Bingo and
Pull tabs at the V.F.W. site at 1201 East 3rd Avenue. The V.F.W.
has been selling pull tabs at Turtles Bar, since they have vacated
the premises and built their new facility on 3rd Avenue. This is
the first year that the V.F.W. will be selling pull tabs at the
Eagles Club. The Eagles have held a pull tab license for a number
of years, but have decided not to renew it this year. Instead they
have made arrangements with the V. F.W. to sell pull tabs on their
property. In return the Eagles will receive a monthly fee from the
V.F.W. for the rental space occupied to sell the pull tabs. The
V.F.W. premise permits will be for the year ending July 31, 1992 .
RECOMMENDED ACTION:
Offer Resolution No. 3388, A Resolution of the City of
Shakopee, Minnesota, Approving Premise Permits for V.F.W. Post
#4046, and move its adoption.
JSC/tiv
/ yob
RESOLUTION NO. 3388
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING
PREMISE PERMITS FOR V.F.W. POST #4046
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, THE V. F.W. is seeking renewal of their permit through
July 31, 1992 for two sites, One at 1201 East 3rd Avenue and the
other at 132 East 1st Avenue; and
WHEREAS, the V. F.W. is seeking a premise permit for a new site
located at 221 West 2nd Avenue.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, AS FOLLOWS :
That the premise permits for V. F.W. Post #4046, at the
following locations are hereby approved: 1201 East 3rd Avenue, 132
East 1st Avenue, and 221 West 2nd Avenue, Shakopee, Minnesota.
Passed in Regular Session of the City Council of the City of
Shakopee, Minnesota, held this 7th day of May, 1991.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
i `ic
MEMO TO: Dennis Kraft, City Administrator
FROM: Dave Hutton, Public Works Director ( 0
SUBJECT: Tahpah Park Sprinkler System
DATE: April 30, 1991
INTRODUCTION:
The feasibility report for installing underground sprinklers at
Tahpah Park has been completed and is attached for City Council
review. Staff is requesting permission to set a public hearing to
consider the proposed improvements, since the report recommends
that a portion of the project be assessed.
BACKGROUND:
On November 20, 1991 the City Council ordered the preparation of a
feasibility report for the installation of an underground sprinkler
system in Tahpah Park, by Resolution No. 3311. This report was
requested by the Shakopee Jaycees, who have indicated a willingness
to pay for all or part of this project.
The feasibility report has been completed and a copy of the entire
report is attached. Staff would like to give a brief summary of
the report.
The report explored two options. The first option is to provide
City watermain to Tahpah Park. The second is to install a well
system.
The cost to install City watermain from 12th Avenue to the
concession area of Tahpah Park is estimated at $43, 000. 00. Of this
amount, approximately $27,850.00 could be assessed to the platted
lands just north of Tahpah (South Parkview First Addition) . The
remaining $15, 150. 00 would be for installing watermain located
within Tahpah Park.
The estimated cost to install a well is $24,750. 00. A well would
only be available for the sprinkler system as the source cannot be
guaranteed to be potable for use for the concession area.
Due to the cost difference and the ability to use the water source
for the concession area, restrooms, drinking fountains, etc. the
report recommends installing City water rather than the well.
Staff agrees with that recommendation.
The cost to install the sprinkler system within Tahpah Park is
$97, 550. 00. This would provide 146 sprinkler heads and provide
coverage to all 10 baseball/softball fields, the football field and
the common areas.
The total cost of the entire project is estimated at $140, 550. 00.
This includes the construction costs, contingency and all
engineering/administration fees.
Staff has discussed the feasibility of this project with the
Shakopee Jaycees and they have preliminarily indicated that if
water were available in the park, they would be willing to provide
funding for the entire sprinkler system.
If the Jaycees offer were accepted, the net cost to the City of
this entire project would be approximately $15, 150. 00. The sources
of funding available for this money would be either the Park
Reserve Fund or the City' s Capital Improvement Fund.
If the Council desires to proceed with this project, the first step
would be to hold a public hearing to consider the improvements.
Attached is Resolution No. 3390, which accepts the feasibility
report and orders a public hearing for June 4 , 1991.
ALTERNATIVES:
1. Adopt Resolution No. 3390.
2 . Determine that this project is not necessary and reject the
Jaycees offer.
3 . Determine that this project is necessary, but do not assess
any of it therefore eliminating the need for a public hearing.
4 . Table the request for additional information.
RECOMMENDATION:
The lack of water in Tahpah Park severely hampers the Public Works
Department' s ability to adequately maintain this park. Any
landscaping, seeding, sodding, transplanting, etc. , requires water
to be hauled down to the parking in a tanker truck. During dry
periods it is almost impossible to provide proper athletic field
maintenance with no water available.
It is difficult to estimate the increased maintenance costs
associated with the lack of water in this park. Most of the costs
are for additional labor to haul water down to the park, re-seeding
or resodding costs, compacting infields, etc. But it is estimated
that the additional maintenance costs due to inadequate water is
around $10, 000. 00 to $20, 000. 00 annually.
In addition, the lack of water makes it impossible to adequately
groom the fields for activities. The condition of the outfield
y
grass is a constant source of criticism during the summer months.
Also, many other improvement projects planned by the Jaycees, such
as tree planting, cannot be completed without adequate water.
The City of Shakopee has an opportunity to provide adequate water
and sprinkler systems for a total cost of $15, 150. 00 or about 11%
of the total project costs.
The Public Works Department strongly supports the installation of
a sprinkler system in Tahpah Park.
Staff also recommends that the funding for the City's portion
($15, 150. 00) come out of the Capital Improvement Fund for two
reasons. First, City watermain is mainly associated with a public
improvement rather than a park improvement, such as playgrounds,
hockey rinks, etc. Second, several years ago a small 4" plastic
water line was installed along County Road 15 to serve the
concession stand and funded by the Jaycees. This water line is
inadequate for sprinkler systems. If a standard size watermain had
been installed (6" or 8") it would have been adequate for the
sprinklers and since it was located in a street it probably would
have been funded out of the Capital Improvement Fund at that time.
The Parks and Recreation Advisory Board discussed this project on
April 29, 1991 and recommends that the City accept this generous
offer from the Jaycees and proceed with this project as
recommended. The Advisory Board also recommends utilizing the
Capital Improvement Fund to fund the City' s portion of the project.
The Utility Manager is still reviewing the feasibility report and
hopefully his comments and recommendation will be available at the
Council meeting.
ACTION REQUESTED:
Offer Resolution No. 3390, A Resolution Receiving a Report and
Calling a Hearing on an Improvement to Tahpah Park by Watermain and
Underground Sprinkler System, Project No. 1991-4 , and move its
adoption.
DH/pmp
MEM3390
/ 1/
RESOLUTION NO. 3390
A Resolution Receiving A Report
And Calling A Hearing On An Improvement
To Tahpah Park By Watermain
And Underground Sprinkler System
Project 1991-4
WHEREAS, pursuant to Resolution No. 3311 of the City Council
adopted November 20 , 1990, a report has been prepared by Bob
Frigaard, Orr-Schelen-Mayeron & Assoc. , Inc. , with reference to the
improvements of the Tahpah Park watermain and underground sprinkler
system, and this report was received by the Council on May 7 , 1991.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA:
1. The Council will consider the improvement of Tahpah Park
watermain and underground sprinkler system in accordance with the
report and the assessment of abutting and benefitted property for
all or a portion of the cost of the improvements pursuant to
Minnesota Statutes Chapter 429 at an estimated total cost of the
improvement of $43 , 000. 00.
2 . A public hearing shall be held on such proposed
improvements on the 4th day of June, 1991, at 7 : 30 P.M. , or
thereafter, in the Council Chambers of City Hall , at 129 East 1st
Avenue and the Clerk shall give mailed and published notice of such
hearing and improvement as required by law.
3. The work of this project is hereby designated as part of
the 1991-4 Public Improvement Program.
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
is,
/`PSC veCy/ 74.js pr, '_ P e s_e
TO: Dave Hutton, Public Works Director
FROM: Lou Van Hout , Utilities Manager
RE : Tahpah Park Sprinkler System,
Comments on Feasibility Study by OSM
DATE : 4/30/91
This project raises several interesting issues because it ' s water
needs are different from a standard subdivision project , yet some
of the standard requirements are just as applicable to a park as
to any other use .
The issues raised by the sprinkler project involve considerations
beyond the project itself .
In the past , city policy was to treat itself the same as other
property owners/developers when determining assessments ,
construction requirements , fees , etc . But exceptions are made
for unique circumstances .
Last year the SPUC authorized a long term water system study to
continue from the data developed in the City Comprehensive Plan .
With the recent adoption of the Comprehensive Plan the study is
nearing completion . A draft is expected in May of 1991 .
I believe it would be of benefit to everyone involved to have
some issues raised by the sprinkler project discussed in
conjunction with the long term water system study, to determine
whether any unique circumstances would apply to this project .
If today' s standard policies are applied to this project
directly, the results would be as indicated below. If any
exemption is warranted, reasons for it should be clear.
Standard Design Criteria Requirements :
One standard requirement of long standing is for a property to
have a watermain crossing at least one complete side before
getting water service . The standard water system Design Criteria
requires a basic amount of watermain equivalent to having a 6"
pipe every 400 feet both East-West and North-South . A 1/4 mile
square of land like Tahpah Park would need 1 - 10 inch pipe
North/South, and have another one East/West .
But if a watermain in a location is clearly going to be useless
to the water system, then we don ' t require it ' s construction, so
it is possible that there could be an exception granted to the
park if some other alternative routing appears likely.
/'/1 `'
Connection Charge :
A Connection Charge is collected at the time a plumbing permit is
taken out and is determined by the expected water usage .
New wells and tanks built to meet the increased water demand are
funded by these Connection Charges , not by water rates .
The theory is : if a customer uses enough water to require the
construction of 1/4 of a new well , their connection charge should
generate 1/4 of the estimated cost to construct a new well and
pumphouse . The same goes for watertanks .
The connection charge can be reduced by cycling the sprinkler
heads to reduce the demand. Based on the expected water usage ,
if the sprinkler system is built with 4 equal zones , the
connection charge is estimated at approximately $55 , 000 , if 8
equal zones are built , the connection charge is estimated at
approximately $28 ,000 , assuming the sprinkling is set by timer to
be evenly spread out over 8 hours to reduce the demand.
Trunk Water Charge :
The standard Trunk Water Charge is approximately $600/Acre, is
applied when water service is made available, and does not vary
by land use . The charge is to recover, on an average basis ,
costs to oversize trunk mains as new development calls for it .
For a 40 acre parcel like Tahpah Park, the charge would be
$24 , 000 . Although Tahpah Park had some water service from the
small plastic temporary service line, this obviously was not
service to the entire park.
Standard Water Bill :
A sprinkler system will use a significant amount of water and the
cost to produce it will have to be recovered somewhere . In the
absence of other arrangement , I would assume that standard water
rates would apply. Using preliminary numbers for expected water
use as you and I discussed, the bills would be about $800 . 00 per
month at today ' s standard rates .
Sprinkling restriction:
The 1988 sprinkling restrictions did not ban sprinkling outright ,
but only restricted it between the hours of 12 Noon and 9 PM.
The park could probably live with those restrictions as it will
have an automatic timer control , and one would hope that there
would always be some way to allow some sprinkling, but the
likelihood of future sprinkling restrictions should be
acknowledged as a possibility. (At this time we do not foresee
sprinkling restrictions this Summer. )
v,
� V
MEMO TO: Dennis Kraft, City Administrator
FROM: Dave Hutton, Public Works Director 4 .-D11114/
SUBJECT: 11th Avenue, Dakota Street to Naumkeag Street
DATE: May 1, 1991
INTRODUCTION:
Attached is Resolution No. 3391, receiving a report and calling for
a public hearing on improvements to 11th Avenue, between Dakota
Street and Naumkeag Street.
BACKGROUND:
On April 16, 1991 the City Council of Shakopee ordered the
preparation of a feasibility report for street improvements to 11th
Avenue, between Dakota Street and Naumkeag Street. This
feasibility report was petitioned for by the abutting property
owner on the south side of the road, Gold Nugget Development, Inc.
The requested improvements consist of pavement, curb & gutter and
storm sewer.
The developer is proposing to install sewer and water utilities in
11th Avenue as part of his development, but requested that the City
construct 11th Avenue in order to assess a portion of this to the
abutting property owners on the north side of the street.
The feasibility report has been completed and the report is
attached for Council review. Council needs to hold a public
hearing on the project to determine if it should be ordered.
Attached is Resolution No. 3391 which receives the feasibility
report and calls for a public hearing on the proposed improvements.
The resolution sets the date for the public hearing for May 21,
1991 at 7: 30 P.M. or thereafter.
ALTERNATIVES:
1. Adopt Resolution No. 3391 and hold a public hearing on the
proposed improvements on May 21, 1991.
2 . Adopt Resolution No. 3391 and set the date for the public
hearing for a different date.
3 . Do not adopt Resolution No. 3391.
RECOMMENDATION:
Staff recommends Alternative No. 1.
id
ACTION REQUESTED:
Offer Resolution No. 3391, A Resolution Receiving a Report and
Calling a Hearing on Improvements to 11th Avenue, Between Dakota
Street and Naumkeag, Project No. 1991-5 and move its adoption.
DH/pmp
MEM3391
/ VS
RESOLUTION NO. 3391
A Resolution Receiving A Report
And Calling A Hearing On An Improvement
To 11th Avenue, Between Dakota Street
And Naumkeag Street
Project 1991-5
WHEREAS, pursuant to Resolution No. 3381 of the City Council
adopted April 16, 1991, a report has been prepared by David Hutton,
Public Works Director, with reference to the improvements of 11th
Avenue, between Dakota Street and Naumkeag Street by pavement, curb
& gutter and storm sewer, and this report was received by the
Council on May 7 , 1991.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA:
1. The Council will consider the improvement of 11th Avenue,
between Dakota Street and Naumkeag Street by pavement, curb &
gutter and storm sewer in accordance with the report and the
assessment of abutting and benefitted property for all or a portion
of the cost of the improvements pursuant to Minnesota Statutes
Chapter 429 at an estimated total cost of the improvement of
$68 , 272 . 00.
2 . A public hearing shall be held on such proposed
improvements on the 21st day of May, 1991, at 7 ; 30 P.M. , or
thereafter, in the Council Chambers of City Hall, at 129 East 1st
Avenue and the Clerk shall give mailed and published notice of such
hearing and improvement as required by law.
3. The work of this project is hereby designated as part of
the 1991-5 Public Improvement Program.
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
/ 9I
FEASIBILITY REPORT
FOR
IMPROVEMENT OF 11TH AVENUE
FROM
DAKOTA STREET TO NAUMKEAG STREET
CITY OF SHAKOPEE, MINNESOTA
I hereby certify that this plan, specification, or report was
prepared by me or under my direct supervision and that I am a duly
Registered Professional Engineer under the laws of the State of
Minnesota.
•
Date/� 47! Registration No. 19133.
APRIL 1991
(1d
TABLE OF CONTENTS
DESCRIPTION PAGE NO.
Feasibility Report
—
Introduction 1
Background 1
Proposed Improvements 1
Estimated Costs 2
—
Assessment Procedure and Funding . . . . 2
— Storm Sewer Construction 3
— Appendix
lryed
INTRODUCTION
The City Council of the City of Shakopee has received a petition
for improvements of 11th Avenue from Dakota Street to Naumkeag
Street. Council ordered the preparation of a feasibility report by
Resolution No. 3381 on April 16, 1991 .
BACKGROUND
The portion of 11th Avenue under study is adjacent to the Meadows
5th Addition Subdivision. The centerline of 11th Avenue is
actually the northern boundary of the subdivision. The subdivision
has been final platted and approved by the Planning Commission and
City Council.
This portion of 11th Avenue currently does not have any street
improvements.
The developer has agreed to install the sanitary sewer services and
water services in 11th Avenue as well as rough grade the street and
relocate the street lights. They have petitioned the City to
construct the remaining improvements, which would include fine
grading, storm sewers, curb and gutter and street construction.
The developer is proceeding with the construction of all other
streets shown on the final plat of the Meadows 5th Addition during
1991 .
There are existing lots along the north side of 11th Avenue. These
lots are part of Eagle Bluff Second Addition. (See location sketch
- Appendix) .
These lots have single family homes that face the north-south
streets rather than 11th Avenue. The entire area is zoned R-2 .
PROPOSED IMPROVEMENTS
The proposed improvements consist of constructing a 7 ton, 36 foot
wide standard City of Shakopee urban cross section street with
surmountable curb and gutter and 3 inches of bituminous surfacing.
Storm sewers will be installed to collect surface drainage and
convey storm water to the storm sewer system in Meadows
Addition Subdivision and ultimately to the Upper Valley Drainage
System. The north side boulevard would be sodded. No sidewalks
are proposed.
1
ESTIMATED COSTS
The estimated costs of the proposed improvements are detailed in
the Appendix and are summarized below.
Street Construction Cost $29 , 632 . 50
10% Contingency Cost 2 , 963 . 25
25% Engr. & Legal Costs $ 8 , 148 . 94
Total Street Project Cost $40, 744 . 94
Storm Sewer Construction Cost $20, 020. 00
10% Contingency Cost 2 , 002 . 00
25% Engr. & Legal Costs 5, 505 . 50
Total Storm Sewer Project Cost $27 , 527 . 50
ESTIMATED TOTAL PROJECT COST $68,272 . 44
ASSESSMENT PROCEDURE - STREET CONSTRUCTION
In 1988 , 11th Avenue from County Road 79 to Minnesota Street was
built. In order to be consistent it is proposed that the same
assessment procedure be used again.
All properties except corner lots would be assessed at the same
unit rate per front foot on 11th Avenue. This is outlined in
Section VIII on Page 13 of the Special Assessment Policy.
Corner lots would only be assessed at a rate of 50% of the unit
costs for the short side of the lot. (Section 3a under corner lot
adjustments in Assessment Policy) . All remaining street
construction costs were spread out over the front footage of the
remaining lots (this includes the entire south side) .
The test for a proper and legal special assessment is such that it
benefits the property owner and is a fair and consistent
assessment.
Benefits accrued as a result of the construction of this portion of
11th Avenue include safer and free vehicular access to abutting
properties and streets, additional access for emergency vehicles,
reduced maintenance of the existing gravel road and grass areas,
better drainage for surface water and increased on street parking.
2
STORM SEWER CONSTRUCTION
The storm sewer utility policy basically addresses user fees for
existing properties within the City of Shakopee. In other words,
the existing properties located along the north side of 11th Avenue
have been contributing to the storm sewer utility, but the south
side has not.
Our special assessment policy states that new storm sewer
construction will be assessed 100% to abutting properties (Section
IX C, page 1S of policy) . New subdivisions would normally pay the
entire storm sewer costs and as a matter of fact, the remaining
storm sewer costs throughout the other streets in the Meadows First
Addition are being absorbed by the developer. This is consistent
with past practices and existing policies.
The fact that the storm sewer in 11th abuts both existing
properties and new development warrants a combination of policies
and assessment procedures.
This alternate assesses one-half of the storm sewer costs
completely back to the developer on the south side (100%) based on
the special assessment policy for new storm sewer construction.
The north side of the street will be assessed 25% of their one-half
of the construction costs per the storm sewer utility policy. The
remaining costs for the north side of the street will be absorbed
by the City (either the Storm Sewer Utility Fund or the General
Fund) .
Benefits accrued as a result of the storm sewer construction would
be better drainage for surface water, increased life of the new
street due to drainage improvements and adequate means to convey
storm water from private properties to the overall storm system
thereby improving aesthetics of yards and provide outlets for roof
drains and driveways.
3
,/,e 4
APPENDIX
PAGE
Location Sketch 1
Property Identification Map 2
Estimated Costs 3
— Street Assessment Calculations 4
Storm Sewer Assessment Calculations . . . 5
Assessment Roll 6
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ESTIMATED COSTS
STREET CONSTRUCTION
Item Quantity Price Total
Subgrade Preparation 8 . 6 Sta. $200. 00 $ 1, 720. 00
Class 5 Gravel Base 1125 Tons $ 6. 50 $ 7 , 312 . 50
1 1/2" Bit. Base Course 260 Tons $ 18 . 00 $ 4 , 680. 00
1 1/2" Bit. Wear Course 260 Tons $ 20. 00 $ 5, 200. 00
Curb & Gutter 1650 L. F. $ 5 . 00 $ 8 , 250 . 00
Topsoil 110 C.Y. $ 5. 00 $ 550. 00
Sod 960 S.Y. $ 2 . 00 $ 1, 920 . 00
Total $29 , 632 . 50
10% Contingency 2 , 963 . 25
25% Engr. & Admin. 8, 148 . 94
Total Street Costs $40,744 . 94
STORM SEWER CONSTRUCTION
Item Quantity Price Total
15" R. C. P. 380 L. F. $ 20. 00 $ 7 , 600. 00
12" R.C. P. 270 L. F. $ 16 . 00 $ 4 , 320. 00
Catch Basins 9 EA. $900. 00 $ 8 , 100. 00
Total $20, 020. 00
10% Contingency 2 , 002 . 00
25% Engr. & Admin. 5, 505. 50
Total Storm Sewer Cost $27,527 .50
Total Street Costs $40, 744 . 94
Total Storm Sewer Costs $27 , 527 . 50
TOTAL PROJECT COSTS $68,272 .44
3
— ASSESSMENT CALCULATIONS
STREET PORTION
— Total Cost = $40,744 .94
Total Front Foot = 1, 721.96 Feet
Assessment Rate = $40,744 .94 = $23 . 661955 Per Front Foot
1, 721.96 Ft.
Corner lots are assessed 50% of the front foot cost using the short
— side of the lot.
Assessment Rate = $23 . 661955 x 50% = $11.83098 Per Front Foot
Total amount assessed to corner lots =
Assessment Rate x Total Front Footage (short side of lot)
$11.83098/Ft. x 335.90 Ft. = $3,974 . 03
Remainder of street costs to be assessed to south side
Total Project Costs $40,744 .94
Minus Corner Lot Assessment (3,974 . 03)
Total Assessment (south side) $36,770.91
4
/144
ASSESSMENT CALCULATIONS
STORM SEWER PORTION
Total Cost = $27, 527.50
Existing lots on north side of street are assessed at a rate of 25%
— of one half the total storm sewer costs.
Assessed Cost = $27 , 527. 50 = $13,763.75
2
$13 , 763 .75 x 25% = $3 ,440.94 (Amount to be assessed
to north side lots)
— Total short side front footage of north side lots = 335.90 Ft.
_ Assessment Rate = $3 , 440.94 = $10. 2394165 Per Front Foot
335. 90 Ft.
— South side lots (Outlot E & Meadows 1st Addn. ) to be assessed one
half of the total storm sewer cost.
Total Assessment = $27 ,527 . 50 = $13, 763 .75
2
Storm Sewer Utility Fund will pay the remainder of the storm sewer
costs.
Total Storm Sewer Costs $27, 527.50
Minus North Side Assessments ( 3,440.94)
Minus South Side Assessments (13 ,763.75)
TOTAL STORM SEWER COSTS $10, 322.81
5
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CONSENT 4/,
MEMO TO: Dennis Kraft, City Administrator /
FROM: Dave Hutton, Public Works Director
SUBJECT: Alley in Block 1, Marymark Addition,
Block 1 of Terrence Addition Replat
and Block 8 of Terrence Addition
DATE: May 1, 1991
INTRODUCTION:
Attached is Resolution No. 3392, receiving a report and calling for
a public hearing on improvements to the alley adjacent to Block 1
Marymark Addition, Block 1 of the Terrence Addition Replat and also
Block 8 of the Terrence Addition Plat.
BACKGROUND:
On April 2, 1991 the City Council of Shakopee ordered the
preparation of a feasibility report for street improvements to the
alley adjacent to Block 1, Marymark Addition, Block 1 of the
Terrence Addition Replat and Block 8 of the Terrence Addition Plat
by Resolution 3378.
This feasibility report was petitioned for by at least 50% of the
abutting property owners. The requested improvements consist of
paving the alley.
The feasibility report has been completed and the report is
attached for Council review. Council needs to hold a public
hearing on the project to determine if the project should be
ordered. Attached is Resolution No. 3392 which receives the
feasibility report and calls for a public hearing on the proposed
improvements. The resolution sets the date for the public hearing
for May 21, 1991 at 7: 30 P.M. or thereafter.
ALTERNATIVES:
1. Adopt Resolution No. 3392 and hold a public hearing on the
proposed improvements on May 21, 1991.
2 . Adopt Resolution No. 3392 and set the date for the public
hearing for a different date.
3 . Do not adopt Resolution No. 3392 .
RECOMMENDATION:
Staff recommends Alternative No. 1.
/, .-
ACTION REQUESTED:
Offer Resolution No. 3392 , A Resolution Receiving a Report and
Calling a Hearing on Improvements to the Alley in Block 1, Marymark
Addition, Block 1 of Terrence Addition Replat and Block 8 of
Terrence Addition, Project No. 1991-6 and move its adoption.
DH/pmp
MEM3392
/t/
RESOLUTION NO. 3392
A Resolution Receiving A Report
And Calling A Hearing On An Improvement
To The Alley In Block 1, Marymark Addition,
Block 1 Of Terrence Addition Replat
And Block 8 Of Terrence Addition
Project 1991-6
WHEREAS, pursuant to Resolution No. 3378 of the City Council
adopted April 2 , 1991, a report has been prepared by David Hutton,
Public Works Director, with reference to the improvements of the
alley in Block 1, Marymark Addition, Block 1 of Terrence Addition
Replat and Block 8 of Terrence Addition by pavement, and this
report was received by the Council on May 7 , 1991.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA:
1. The Council will consider the improvement of the alley in
Block 1, Marymark Addition, Block 1 of Terrence Addition Replat and
Block 8 of Terrence Addition by pavement in accordance with the
report and the assessment of abutting and benefitted property for
all or a portion of the cost of the improvements pursuant to
Minnesota Statutes Chapter 429 at an estimated total cost of the
improvement of $8 , 269 . 00.
2 . A public hearing shall be held on such proposed
improvements on the 21st day of May, 1991, at 7 : 30 P.M. , or
thereafter, in the Council Chambers of City Hall, at 129 East 1st
Avenue and the Clerk shall give mailed and published notice of such
hearing and improvement as required by law.
3 . The work of this project is hereby designated as part of
the 1991-6 Public Improvement Program.
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
A./ .ate
FEASIBILITY REPORT
FOR
— IMPROVEMENT OF ALLEY
IN BLOCK 1 OF MARYMARK ADDITION,
BLOCK 1 OF TERRANCE ADDITION REPLAT AND
BLOCK 8 OF TERRANCE ADDITION
CITY OF SHAKOPEE
MINNESOTA
— I hereby certify that this plan, specification, or report was
prepared by me or under my direct supervision and that I am a duly
Registered Professional Engineer under the laws of the State of
Minnesota.
_______!_ i:: $g6li1144:://6:1:7
/ Q4
S- /.... 7
Date / Registration No. 19133 .
APRIL 1991
l �
TABLE OF CONTENTS
DESCRIPTION PAGE NO.
Feasibility Report
Introduction 1
Background 1
Proposed Improvements 1
Estimated Costs 2
Assessment Procedure and Funding . . . . 2
Summary and Conclusions 2
Appendix
INTRODUCTION
The City Council of the City of Shakopee has received a petition
for improvements of the alley in Block 1 of Marymark Addition,
Block 1 of Terrance Addition Replat and Block 8 of Terrance
Addition, and ordered the preparation of a feasibility report by
Resolution No. 3378 on April 2, 1991.
BACKGROUND
The alley under study is in Block 1 of Marymark Addition, Block 1
of Terrance Addition Replat and Block 8 of Terrance Addition, which
is bounded by 7th Avenue, St. Marks Road, Clay Street and Pierce
Street. City Council received a petition for improvements and
ordered a feasibility report prepared via Resolution No. 3378 on
April 2, 1991. The petition was signed by a minimum of 50% of the
abutting property owners.
The existing alley is gravel, with no other street improvements.
There are no underground City utilities in this alley There is an
overhead power line running along the west edge of the alley.
There is a concrete approach at the east end of the alley.
The area on both sides of the alley is zoned R-2, Urban
Residential. None of the abutting properties are in the flood
plain.
PROPOSED IMPROVEMENTS
The requested improvements by the petitioners is to pave the alley.
The recommended improvements by this report would consist of 2
inches of bituminous concrete placed on a 6 inch gravel base. Some
grading will be necessary to provide a uniform grade with proper
drainage. An inverted crown is proposed to direct the water down
the alley toward Pierce Street. The alley presently drains
generally from the west to the east.
ESTIMATED COSTS
The estimated costs for the proposed improvements are detailed in
the Appendix and are summarized below:
Total Construction Costs $6, 537.00
Plus 10% Contingency 653 .70
Plus 15% Engr. & Legal Fees 1, 078 . 60
Total Estimated Project Costs $8,269.30
ASSESSMENT PROCEDURE AND FUNDING
All costs associated with this project would be 100% assessable,
which is consistent with past practices and existing City policies.
The current special assessment policy allows for the costs to be
spread over the abutting properties by either the front foot area
wide assessment or per lot.
Due to the odd shaped lots abutting this alley it is proposed that
all properties be assessed by the per lot method. All properties
_ would be assessed at the same rate of $689 . 10 per lot, based on the
estimated project costs.
According to the Finance Director, the funding for this project
could come out of the General Fund or the Capital Improvemment Fund
or the next improvement bond issue
SUMMARY AND CONCLUSIONS
The alley in Block 1 of Marymark Addition, Block 1 of Terrance
Addition Replat and Block 8 of Terrance Addition is not unlike many
other alleys in the City of Shakopee that are gravel, and are
adequate to serve their intended purpose. The lack of a hard
surface pavement creates dusty or muddy conditions for the adjacent
properties and is more of an inconvenience to the residents than
anything.
The City of Shakopee has a policy of not improving existing alleys
unless the abutting property owners request improvements and agree
to pay for them. In this case, the required number of property
owners (at least 50%) have requested the improvements. All
abutting property owners will be assessed for 100% of the alley
construction costs.
This report concludes that the requested improvements are feasible
and recommends the construction of the proposed improvements.
2
iV-1--.-----
APPENDIX
— Subject Location 1
Estimated Project Costs 2
Assessment Calculations 2
Estimated Assessment Roll 3-4
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Common Excavation 98 C.Y. $ 4 . 50 $ 441. 00
Class 5 Gravel Base 276 TON $ 9 . 00 $2,484.00
2" 2341 Bit. Wear 86 TON $42 . 00 $3,612.00
Total Construction Costs $6,537.00
Plus 10% Contingency 653.70
Plus 25% Engr. , Legal Fees 1, 078 . 60
Total Estimated Project Costs $8,269.30
ASSESSMENT CALCULATIONS
Total Project Costs $8 , 269 . 30
Total Number of Lots 12
Assessment Rate = $8 , 269 . 30 = $689 . 1083333 Per Lot
12 Lots
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14M 4,2,
Memo To: Dennis R. Kraft, City Administrator
From: Marilyn Remer, Personnel Coordinator CONSENT
Re: Resolution No. 3386, Amending Resolution No. 3329
Adopting the 1991 Pay Schedules for the Officers and Non-
union Employees of the City of Shakopee
Date: May 2 , 1991
Introduction
Several occurrences have necessitated amending the 1991 Pay
Plan.
Background
Assistant Planner Position
At its March 19th meeting, Council authorized staff to
advertise for the position of Assistant Planner. A
recommendation has been made to Council, regarding the filling
of that position. The same criteria and formula that has been
used to establish all job classifications and pay ranges was
used in determining the appropriate classification and pay
ranges for Assistant Planner. This includes the Stanton Job
#160, Planner (Entry) and 75 comparable worth points which is
similar to other cities. It is necessary to amend the 1991
Pay Plan to include the classification and pay ranges of
Assistant Planner.
Fire Department Officers ' Yearly Salary Rates
While providing the DCA Stanton Group with the yearly salary
schedules, I discovered the 1991 Pay Plan contains the
incorrect salary schedule for the Fire Department Officers as
was adopted by Resolution No. 3181, January 16, 1990 . It is
necessary to amend the 1991 Pay Plan to reflect the correct
salaries.
Temporary Employee Salary Rates
Several Recreation & Park employees are paid wages that exceed
the rates as established by the 1991 Pay Plan. It would be
desirable to amend 1991 Pay Plan to set the maximum temporary
employee hourly rate at $12 .75/hr. (See attached memo from
Mark McQuillan, Program Supervisor. )
Alternatives
1. Adopt Resolution No. 3386
2 . Do not adopt Resolution No. 3386
Recommendation
Alternative No. 1. Staff recommends the 1991 Pay Plan be
amended to include the Assistant Planner classification and
pay ranges, to correct the Fire Department Officers ' salary
rates and to set the maximum temporary employee rate to
$12 . 75/hr.
Action Requested
Adopt Resolution No. 3386, A Resolution Amending Resolution
No. 3329 Adopting the 1991 Pay Schedules for the Officers and
Non-union Employees of the City of Shakopee.
!/
Memo To: Dennis R. Kraft, City Administrator
From: Mark McQuillan, Program Supervisor
Re: Hourly Wages for Tennis, Golf and Exercise Instructors
Date: May 1, 1991
Introduction
Currently there are three part-time employees of the Parks and
Recreation Department that are making hourly wages greater than
the $11. 55/hr. maximum rate allowed by the 1991 Pay Plan. The
affected positions are: the Exercise Instructor, the Golf
Instructor and the Tennis Instructor.
Background
Prior to the City assuming control of Shakopee Community
Recreation, these three specialist positions were, at one time,
part of the Community Education Adult Enrichment Classes offered
through Shakopee Community Recreation. When the school district
created a Community Education Department in 1987 , it absorbed
the Adult Enrichment Classes into their program except for golf
lessons, tennis lessons, exercise classes and dog obedience.
These classes, including instructors, remained under the
auspices Shakopee Community Recreation.
The Golf Instructor is paid $12 . 75/hr.
The Tennis Instructor is paid $12 . 38-14 . 00/hr.
The Exercise Instructor is paid $16 . 00/hr.
The hourly wages shown above were originally based on a formula
that established an hourly rate based on class size and a lump
sum amount. This was to comply with Federal law requiring that
medicare deductions be withheld from employees. The current
hourly rates reflect wages for those jobs in the Twin Cities
market.
Alternatives
1. Authorize staff to amend the 1991 Pay Plan to allow the
current golf, tennis and exercise instructors to be paid
their current hourly rate not to exceed $16. 00/hr.
2 . Adjust the current golf, tennis and exercise instructors '
wages so they are consistent with the 1991 Pay Plan for
temporary employees.
3 . Authorize staff to amend the 1991 Pay Plan to set the
maximum temporary employee hourly rate at $12 . 75/hr. ,
thereby establishing equity and consistency in the
instructors ' rates.
Recommendation
Staff recommends Alternative #3 .
Action Requested
Authorize staff to amend the 1991 Pay Plan to set the maximum
temporary employee hourly rate at $12 . 75/hr.
/ �
RESOLUTION NO. 3386
A RESOLUTION AMENDING RESOLUTION NO. 3329
ADOPTING THE 1991 PAY SCHEDULES FOR THE OFFICERS AND NON-UNION
EMPLOYEES OF THE CITY OF SHAKOPEE
WHEREAS, the City Council of the City of Shakopee on December
18 , 1990 approved Resolution No. 3329 adopting the 1991 Pay
Schedule for the officers and non-union employees of the City of
Shakopee; and
WHEREAS, it is necessary to amend the 1991 Pay Plan to include
the new classification and pay ranges of Assistant Planner; and
WHEREAS, it is necessary to amend the 1991 Pay Plan to correct
the Fire Department Officers ' yearly salary rates to accurately
reflect the rates as adopted by Resolution 3181, January 16, 1990 ;
and
WHEREAS, it is necessary to amend the 1991 Pay Plan to amend
the Temporary Employee hourly pay rates to more accurately reflect
market rates.
NOW, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA, that the 1991 Pay Plan Schedule for the
officers and non-union employees of the City of Shakopee be amended
to include the classification of Assistant Planner, to correct Fire
Department Officers ' yearly salaries and to set the Temporary
Employees maximum salary rate of $12 . 75/hr. , as set forth in
Exhibit A as attached hereto and incorporated herein.
Adopted in adjourned regular session of the City Council of
the City of Shakopee, Minnesota, held this 7th day of May, 1991.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form.
City Attorney
/ 46 /
EXHIBIT A
Page 1
1991 PAY SCHEDULE
JANUARY 1, 1991
ELECTED OFFICIALS SALARY AUTHORIZED
Mayor $6, 120. 12/yr. 1
Councilpersons $5, 100. 12/yr. 5
CITY EMPLOYEES
See attached 1991 Plan
Fire Chief $3, 000, 00/yr. 1
Assistant Fire Chief (1st) 1,500. 00/yr. 1
Assistant Fire Chief (2nd) 1,300. 00/yr. 3.
1st Captain 2 , 000.00/yr. 1
2nd Captain 740. 00/yr. 1
3rd Captain 740. 00/yr. 1
4th Captain 740. 00/yr. 1
Engineer 2,400. 00/yr. 1
2nd Engineer 2, 000. 00/yr. 1
3rd Engineer 1, 000. 00/yr. 1
4th Engineer 1,000.00/yr. 1
Firemen $7 .50/hr. 35
Misc. Temporary Employees from $ 3 .95/hr. N/A
to $ 12.75/hr.
CI
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Page 2
mONSENT
LicA_
MEMO TO: Mayor and City Council
FROM: Dennis R. Kraft, City Administrator
RE: Appreciation to Marcy Waritz
DATE: May 3, 1991
INTRODUCTION AND BACKGROUND:
March Waritz has servcd on the Metropolitan Council for four
years representing the residents of Shakopee as well as other
jurisdiction which fall within the 14th District. She has done a
fine job. The attached resolution has been prepared expressing the
Council 's thanks for her efforts, in the event Council desires to
adopt it.
RECOMMENDED ACTION:
Offer Resolution No. 3394, A Resolution Of Appreciation To
Marcy Waritz, and move its adoption.
,,yP
RESOLUTION NO. 3394
A RESOLUTION OF APPRECIATION TO MARCY WARITZ
WHEREAS, Marcy Waritz was appointed by Governor Rudy Perpich
to the Metropolitan Council, representing District 14 , in 1987 ; and
WHEREAS, Marcy has worked very hard to represent the
residents of the 14th District; and
WHEREAS, the City of Shakopee is located within the 14th
District; and
WHEREAS, Marcy promoted programs and policies which served to
enhance the quality of life for Shakopee residents; and
WHEREAS, Marcy always made herself available and was quick to
respond to the calls of her constituents.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA, hereby extends its token of thanks and
appreciation to Marcy Waritz for all her efforts in representing
the City of Shakopee as she served on the Metropolitan Council
representing District 14 .
Adopted in Regular Session of the City Council of the City
of Shakopee, Minnesota, held this 7th day of May, 1991.
Mayor
ATTEST:
City Clerk
Approved as to form.
City Attorney
R (!,/\N)
# lyh, ,
EXPLANATION TO ORDINANCE 310
ORIGINATING DEPARTMENT: Law Department
PURPOSE: To revise the ordinances relating to Massage
Parlors and to Masseur and Masseuse licensing to provide stricter
regulation.
REMARKS: The City Council has been asked to consider
lowering the license fees for massage, in order to permit it more
readily in Shakopee. The high fees currently effectively
prohibit some business operation. Massage parlors have long had
a reputation for attracting unwanted business, despite the
positive aspects of massage. In order to allow massage without
the negative aspects, this ordinance has been prepared to more
strictly regulate massage parlors and the persons who would be
performing the massage.
The provisions relating to massage parlors and saunas were
tightened, and additional regulations provided, to bring this
ordinance more in line with other cities.
The current ordinance registering masseurs and masseuses was
modified mainly by adding educational requirements. These
requirements are quite common in recent ordinances adopted in
other cities. The ordinance as proposed also requires the
licensee to refrain from criminal sexual conduct, and adds attire
requirements.
Since the ordinance is quite lengthy, a summary has been
prepared. If the City Council approves publication of the
summary rather than the entire ordinance, this will need to be
part of the motion below.
ACTION REQUESTED: Offer Ordinance No. 310, an ordinance
amending Chapter 6 of the City Code, Other Business Regulations
and Licensing, by repealing Sections 6 .40, Massage Parlors,
Saunas, Steam Baths, Heat-Bathing Rooms, and 6. 41, Masseur and
Masseuse Registration, and enacting two new sections in lieu
thereof relating to the same subject, and move its adoption, and
adopting an official summary of Ordinance No. 310 .
Submitted by: Approved by:
City Attorney City Administrator
[6. 40]
ORDINANCE NO. 310, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER
6 OF THE CITY CODE, OTHER BUSINESS REGULATIONS AND LICENSING, BY
REPEALING SECTIONS 6. 40, MASSAGE PARLORS, SAUNAS , STEAM BATHS ,
HEAT-BATHING ROOMS, AND 6. 41, MASSEUR AND MASSEUSE REGISTRATION,
AND ENACTING TWO NEW SECTIONS IN LIEU THEREOF RELATING TO THE
SAME SUBJECT.
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section 1 - That Section 6.40 of the City Code, Massage
Parlors, Saunas, Steam Baths, Heat-Bathing Rooms, is hereby
repealed and one new section adopted in lieu thereof, which shall
read as follows:
SEC. 6.40. MASSAGE PARLORS [ , ] AND SAUNAS [ , STEAM BATHS,
HEAT-BATHING ROOMS] .
Subd. 1. Definitions. As used in this Section, the
following words and terms shall have the meanings stated:
A. "Massage" [C. The term "massage"] means the practice of
rubbing, stroking, kneading, tamping,_ or rolling of the body with
the hands or any instrument, for the exclusive purpose[s] of
relaxation, physical fitness, or beautification, and for no other
purpose [ ,by a person not licensed as a medical doctor,
chiropractor, osteopath, podiatrist, nurse who works solely under
the direction of such person, physical therapist, athletic
director and trainer, or beautician and barber who confine their
treatments to the scalp, face and neck] .
B. "Massage parlor" [A. The term "massage parlor" ] means
an establishment in the business of providing massage services
either to the public or as a private club.
C. "Sauna" [B. The terms "sauna" , "steam bath" or "heat-
bathing room" mean] means a room used for the purpose of bathing,
reducing, or relaxing utilizing steam or hot air as a cleaning,
reducing, or relaxing agent.
Subd. 2 . License Required. It is unlawful for any person
to [directly or indirectly upon any pretense or by any device]
engage in the business of keeping, conducting or operating any
massage parlor [ , ] or sauna, [steam bath, or heat-bathing room, ]
which is open to the public or for which any charge or fee is
made or any money or thing of value is solicited or received
without [first obtaining] a license therefor from the City.
Subd. 3 . Licensing Requirements [License Application] .
A. Initial License Application. All initial applications
[for licenses to operate massage parlor, sauna, steam bath or
heat-bathing rooms] shall be accompanied by a non-returnable
investigation fee in the amount set forth in the Fee Schedule.
Each application [Applications] shall contain the names and
address[es] of the owners, lessees and operators of the proposed
massage parlor or sauna [applicant] , together with a description
and location of the premises. The application shall [also]
include information as to any conviction of any crime or offense
committed by anyone listed on the application [the applicant] ,
together with such other information as the Council may require
[before consideration of the application] . All applications by
corporations shall include the names and addresses of all persons
having a beneficial interest therein. Prior to consideration of
the application by the Council, an [An] investigation shall be
made by the Building Official to determine compliance with this
Section, [shall be conducted] of all premises proposed to be
licensed [before consideration by the Council. The] and by the
Police Department [shall conduct an investigation] of all persons
listed on the license application. [proposed to be licensed
[before consideration by the Council. All applications shall
thereafter be considered by the Council. ]
B. Renewals. Each license shall expire on December 31 of
that year. Licenses must be renewed annually. The renewal
application shall be accompanied by an annual fee as set forth in
the Fee Schedule. For a renewal, the applicant must provide full
information as required for initial licenses for any new owners ,
lessees, or operators proposed to be involved in the massage
parlor or sauna, and also provide any changes in the name,
address, criminal record, or other relevant information of any
other owner, lessee, or operator. The Building Official and/or
the Police Department may conduct an investigation prior to any
renewal .
[Subd. 4 . Fees and Terms. ]
[A. (Repealed by Ordinance No. 79, 4th Series, adopted 11-
17-81. ) ]
[B. All licenses issued hereunder shall terminate on the
last day of February of each year. ]
Subd. 4 . Exceptions.
This Section shall not apply to the following establishments
or people:
A. A health care facility licensed by the State of
Minnesota.
B. A health care facility owned by the State of Minnesota
or any of its agencies.
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/0
C. A medical clinic or hospital, so long as the massage is
performed by a Physician, chiropractor, osteopath, podiatrist, or
nurse working under the direction of such person.
D. A physical therapy clinic or athletic facility, so long
as the massage is performed by a physical therapist, athletic
director, or trainer.
E. A beauty parlor or barbershop, so long as the massage is
performed by a beautician or barber, and treatment is limited to
the scalp, face, and neck.
Subd. 5. Restrictions and Regulations. [Denial of a
License. ] A license may be revoked, suspended, or not renewed by
the City upon a showing that the licensee, its owners, managers,
employees, or agents have violated any of the following
restrictions and regulations:
A. Licenses may be granted only for operation upon fixed
premises which must be located [locations] in the general
commercial districts of the City as established by the zoning
laws of the City. The total number of licenses issued shall be
limited to six. [to establishments which can meet the safety,
sanitary, and building code requirements of the City]
B. Licenses shall be granted only upon a showing of
compliance with all laws of sanitation.
C. No beer, liquor, narcotic drug or controlled substances,
as such terms are defined by State Statutes or by the City Code,
shall be permitted on licensed premises.
D. No licensee, owner, manager, employee, or agent may
engage in habitual drunkenness or intemperate use of a controlled
substance as defined in Minnesota Statutes.
E. Only masseurs and masseuses licensed by the City may
perform massage, except as provided in Subd. 4 above. Any person
acting as a masseur or masseuse in a massage parlor or sauna
shall display his or her license in a prominent place in the
massage parlor or sauna.
F. A [and a] license shall not be granted or renewed if
granting the license (1) would be inconsistent with the
comprehensive development plans of the City, or (2) would
otherwise have a detrimental effect upon the property or
properties in the vicinity. [The license may be denied for any
of the following reasons: ]
[A. The proposed use is in conflict with the City Zoning
Ordinance. ]
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G. [B. ] Violation of any law or regulation relating to [The
proposed use is in conflict with any] health, building, building
maintenance, safety, or other provision[s] of the City Code or
State law shall be grounds for denial or revocation of a license.
H. [C. ] The application must not contain[s] any false,
fraudulent or deceptive statements.
I. [D. ] No [The] applicant or any employee or proposed
employee shall have [has] been convicted or pled guilty within
the previous three (3) years of a violation of this Section, or
of any law prohibiting prostitution, pandering, [or] keeping a
disorderly house, criminal sexual conduct, any sex crime under
Minn. Stat. Chapter 609 , or a crime involving moral turpitude.
J. [E. ] No [The] applicant or any employee or proposed
employee may be [is] under eighteen (18) years of age [or an
alien] .
[F. The applicant has not complied with any provision of
this Section. ]
K. [G. ] The applicant has not, within one (1) year prior to
the date of application) been denied licensure[ ; ] or [has within
such period] had its license revoked.
[H. Engaging in any conduct which would constitute grounds
for refusal to issue a license. ]
L. No massage parlor or sauna may discriminate between
persons on the basis of race, color, creed, sex, or national
origin or ancestry.
M. All massage parlor and sauna licensees shall comply with
any and all amendments to this Section. Failure to do so shall
be grounds for revocation of a license.
N. The licensee shall furnish the Police Department with a
list of current employees indicating their names, addresses and
which employees are practicing massage as a part of their duties.
The licensee shall promptly notify the Police Department of any
change in the list.
0. The licensee shall permit and allow the inspection of
the premises during business hours by the Building Official ,
police officers, and health officers, without a warrant for
searches and seizures.
P. Upon request by any police officer, any person employed
in any licensed premises shall provide identification including
his or her true legal name and correct address.
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if
Subd. 6. Resident Manager or Agent. [Restrictions and
Regulations. ]
[A. The licensee and the persons in his employ shall comply
with all applicable regulations and laws of the City and State
relating to safety and morals. ]
A. [B. ] Before a license is issued under this Section to an
individual who is a non-resident of the City, to more than one
individual, or to a corporation, partnership, or association, [If
the licensee is a partnership or a corporation] the applicant
shall designate in writing a natural person who is a resident of
the City to be manager and in responsible charge of the business
and upon whom service of process may be made. Such a person
shall remain responsible for the conduct of the business until
another suitable person has been designated in writing by the
licensee. The licensee shall promptly notify the Police
Department in writing of any change indicating the name and
address of the new manager and the effective date of such change.
[C. The licensee shall furnish the Police Department with a
list of current employees indicating their names, addresses and
which employees are practicing massage as a part of their duties.
The licensee shall promptly notify the Police Department of any
change in the list. ]
[D. The licensed premises shall not be open for business
nor shall patrons be permitted on the premises between the hours
of 3 : 00 o ' clock A.M. and 8 : 00 o'clock A.M. of the same day. ]
[E. The licensee shall permit and allow the inspection of
the premises during business hours by all appropriate City
employees. ]
[F. Upon demand by any police officer any person employed
in any licensed premises shall identify himself by giving his
true legal name and his correct address. ]
[G. No person under eighteen years of age shall be employed
in an establishment requiring a license under the provisions of
this Section. ]
[H. No such business shall employ or use any person as a
masseur or masseuse, unless such person is currently registered
with the City. Any person acting as a masseur or masseuse in any
such business shall have his registration certificate displayed
in a prominent place in the licensee' s premises. ]
Subd. 7 . Submission of Plans and Specifications. All
persons who hereafter construct, extensively remodel, or convert
buildings or facilities for use as massage parlors [ , ] or saunas,
[steam baths, or heat-bathing rooms, ] which are open to the
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public, shall [conform and] comply [in their construction,
erection, or alteration] with the requirements of the Building
Code and the Plumbing Code. To the extent the Building Code or
Plumbing Code does not impose stricter requirements, the
provisions of this Section shall govern. [Two copies of plans
and specifications for such construction, remodeling, or
alteration which show layout, arrangement, and plumbing and
construction materials of the bathing areas and locations, size,
and type of equipment and facilities shall be filed by the owner
or his agent prior to the issuance of a building permit. One
copy of the plans and specifications shall be submitted to the
Building Official at least three (3) days before the issuance of
a building or construction permit. ]
Subd. 8 . Construction and Maintenance Requirements.
[A. All sauna rooms, steam baths, or heat-bathing rooms and
all restrooms and bathrooms used in connection therewith shall be
constructed of materials which are impervious to moisture,
bacteria, mold or fungus growth. The floor-to-wall and wall
joints shall be constructed to provide a sanitary cove with a
minimum radius of one inch. ]
[B. All restrooms shall be provided with mechanical
ventilation with 2 cfm per square feet of floor area, a hand
washing sink equipped with hot and cold running water under
pressure, sanitary towels and a soap dispenser. ]
[C. All rooms in the licensed premises including, but not
limited to, sauna rooms, massage rooms, steam baths, heat-bathing
rooms, restrooms, bathrooms, janitor' s closet, hallways, and
reception area shall be illuminated with not less than 30 foot
candles of illumination. ]
[D. Each establishment shall have a janitor' s closet which
shall provide for the storage of cleaning supplies. Such closet
shall include a mop sink. ]
A. [E. ] Floors, walls and equipment in sauna rooms, massage
rooms, [steam baths, heat-bathing rooms, ] restrooms, bathrooms,
janitor' s closet, hallways, and reception area used in connection
therewith must be kept in a state of good repair and clean at all
times. Linens and other materials shall be stored at least 12
inches off the floor. Clean towels and wash cloths must be made
available for each customer.
B. [F. ] Individual lockers shall be made available for use
by patrons. Such lockers shall have separate keys for locking.
[G. Such establishments shall provide adequate refuse
receptacles which shall be emptied as required. ]
C. [H. ] The doors to the individual massage rooms [ , steam
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11
baths, ] or saunas[ , or heat-bathing rooms] shall not be equipped
with any locking device and shall not be blocked or obstructed
from either side.
Subd. 9 . Insurance Required. Each applicant for a license
under this Section shall file with the City a public liability
insurance policy or certificate of insurance from a company
authorized to do business in Minnesota, insuring the applicant
against any and all loss arising out of the use, operation or
maintenance of the massage parlor. The policy of insurance shall
be in limits of not less than the statutory limits of liability
for a municipality [$100, 000. 00 for injury or loss to one person,
$300, 000 . 00 for each occurrence, and $25, 000. 00 property damage] .
Failure to keep in full force and effect the insurance required
herein is grounds for revocation.
[Subd. 10. Revocation and Suspension of License. The
license may be revoked, suspended or not renewed by the City upon
a showing that the licensee, its owners, managers, employees or
agents have engaged in any of the following conduct: ]
[A. Habitual drunkenness or intemperate use of a controlled
substance as defined in Minnesota Statutes. ]
[B. Engaging in conduct involving moral turpitude. ]
[C. Failure to fully comply with the requirements of the
City Code and Minnesota Statutes. ]
[D. Conviction of an offense involving moral turpitude by
any Court of competent jurisdiction. ]
Subd. 10. [11. ] Unlawful Acts.
A. It is unlawful for any person to commit [or] attempt to
commit, conspire to commit, or aid or abet in the commission of,
any act constituting a violation of this Section, whether
individually or in connection with one or more persons or as a
principal, agent or accessory.
B. It is unlawful for anv licensee to fail to, at all
times, observe all restrictions, regulations and maintenance
requirements contained in this Section.
C. It is unlawful for any person to falsely, fraudulently,
forcibly or willfully induce, cause, coerce, require, permit or
direct another to violation any of the provisions of this
Section.
D. It is unlawful for any licensee to allow the licensed
premises to be open for business or allow patrons to be on the
premises between the hours of 3 : 00 o ' clock A.M. and 8 : 00 o 'clock
A.M. of the same day.
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E. It is unlawful for any licensee, agent, or employee of a
licensee to hinder or prevent a police, building, or health
officer from making any inspection at any time.
Section 2 - That Section 6. 41 of the City Code, Masseur and
Masseuse Registration, is hereby repealed and one new section
adopted in lieu thereof, which shall read as follows:
SEC. 6.41. MASSEUR AND MASSEUSE LICENSE [REGISTRATION] .
Subd. 1. Definitions. As used in this Section, the
following words and terms shall have the meanings stated:
A. "Massage" has the definition provided in Sec. 6 . 40.
[The term "massage" means the practice of rubbing, stroking,
kneading, tamping, or rolling of the body with the hands, for the
exclusive purposes of relaxation, physical fitness, or
beautification, and for no other purpose, by a person not
licensed as a medical doctor, chiropractor, osteopath,
podiatrist, nurse who works solely under the direction of such
person, physical therapist, athletic director and trainer, or
beautician and barber who confine their treatments to the scalp,
face and neck. ]
B. "Masseur" [The term "masseur"] means a male person who,
for compensation, practices massage.
C. "Masseuse" [The term "masseuse"] means a female person
who, for compensation, practices massage.
Subd. 2 . License [Registration] Required. It is unlawful
for any person to practice massage [therapy] without a license
therefor from the City [unless duly registered with the City] .
Subd. 3 . Licensing Requirements [Registration] .
A. License Application. All applications for a license
[registration] to practice massage shall be accompanied by a
medical certificate from a physician duly licensed to practice
medicine in the State of Minnesota stating that the applicant has
no communicable disease. Application shall contain such other
information as the Council may, from time to time, require. All
applicants shall be at least eighteen (18) years of age.
B. Renewals. Each license shall expire on December 31 of
that year. Licenses must be renewed annually. The renewal
application shall be accompanied by a medical certificate from a
physician duly licensed to practice medicine in the State of
Minnesota stating that the applicant has no communicable disease.
The renewal application also shall be accompanied by an annual
fee as set forth in the Fee Schedule.
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C. Initial Applications. All initial applications shall be
accompanied by a non-returnable investigation fee in the amount
set forth in the Fee Schedule. All initial applications also
shall be accompanied by front and side view photographs, and such
other information as required by the Shakopee Police Department,
including fingerprints, and releases of information.
D. Educational Requirements.
1. Each applicant for a massage license shall furnish
with the application proof of the following:
a. A diploma or certificate of graduation from a
school approved by the American Massage Therapist
Association or other similar reputable massage association;
or
b. A diploma or certificate of graduation from a
school which is either accredited by a recognized
educational accrediting association or agency, or is
licensed by the state or local government agency having
jurisdiction over the school .
2 . Each applicant shall also furnish proof at the time
of application of a minimum of 100 hours of successfully
completed course work in the following areas:
a. The theory and practice of massage, including, but
not limited to, Swedish, Esalen, Shiatsu, and/or Foot
Reflexology techniques ; and
b. anatomy, including, but not limited to, skeletal
and muscular structure and organ placement; and
c. hygiene.
[Subd. 4 . Fee and Term. ]
[A. (Repealed by Ordinance No. 79, 4th Series, adopted
11-17-81. ) ]
[B. All registrations issued hereunder shall expire on
December 31 of each year. ]
Subd. 4 . Exceptions.
This Section shall not apply to the following people:
A. A physician, chiropractor, osteopath, podiatrist, or
nurse working under the direction of such person.
B. A physical therapist, athletic director, or trainer.
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C. A beautician or barber, provided treatment is limited to
the scalp, face, and neck.
Subd. 5 . Restrictions and Regulations. All licensees
[registrants] shall:
A. Display current licenses [certificates of registration]
in a prominent place at their place of employment.
B. Upon demand of any police officer at the place of
employment, produce correct identification.
C. Practice massage only at such location as is designated
in the license [registration certificate] .
D. Inform the City Clerk [Administrator] in writing of any
change in location prior to such change.
E. Refrain from habitual drunkenness or intemperate use of
a controlled substance as defined by Minnesota Statutes.
F. Refrain from engaging in conduct involving moral
turpitude.
G. Refrain from any conduct which results in a conviction
or plea of guilty to prostitution, criminal sexual conduct, or
other sex crime under Minn. Stat. Chapter 609 .
H. Require that the person who is receiving the massage
shall have his/her buttocks, anus and genitals covered with an
appropriate non-transparent covering.
I. At all times have their anus, buttocks , breasts and
genitals covered with a non-transparent material.
J [I] . Comply with the requirements of the City Code and
Minnesota Statutes.
K [J] . Refrain from engaging in any conduct which would
constitute grounds for refusal to issue a license [certificate of
registration] .
Note: The bracketed language [thus] is deleted; the underlined
language is inserted.
Section 3 - General Provisions. City Code Chapter 1,
General Provisions and Definitions Applicable to the Entire City
Code Including Penalty For Violation, and Section 6. 99 , Violation
a Petty Misdemeanor, are hereby adopted in their entirety by
reference, as though repeated verbatim herein.
Section 4 - Summary Approved. The City Council hereby
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//-X/
determines that the text of the summary of this ordinance, marked
"Official Summary of Ordinance No. 310" , a copy of which is
attached hereto, clearly informs the public of the intent and
effect of the ordinance. The Council further determines that
publication of the title and such summary will clearly inform the
public of the intent and effect of the ordinance.
Section 5 - Posting and Filing. A copy of this ordinance is
filed in the office of the City Clerk and a copy is provided to
the Scott County Library for posting and filing, at which
locations a copy is available for inspection by any person during
regular office hours.
Section 6 - The City Clerk shall publish the title of this
ordinance and the official summary in the official newspaper with
notice that a printed copy of the ordinance is available for
inspection by any person during regular office hours at the
office of the City Clerk and the Scott County Library.
Section 7 - Effective Date. This ordinance becomes
effective upon its passage and the publication of its title and
summary.
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
i a
Approved as to form: ,, f / City Attorney
Published in the Shakopee Valley News this day of
, 1991.
[6. 41]
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Official Summary of Ordinance No. 310
The following is the official summary of Ordinance No. 310,
Fourth Series, approved by the City Council of the City of
Shakopee, Minnesota, on May , 1991:
ORDINANCE NO. 310, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER
6 OF THE CITY CODE, OTHER BUSINESS REGULATIONS AND LICENSING, BY
REPEALING SECTIONS 6. 40, MASSAGE PARLORS, SAUNAS , STEAM BATHS,
HEAT-BATHING ROOMS, AND 6. 41, MASSEUR AND MASSEUSE REGISTRATION,
AND ENACTING TWO NEW SECTIONS IN LIEU THEREOF RELATING TO THE
SAME SUBJECT.
SECTION 6 . 40 OF THE CITY CODE, MASSAGE PARLORS AND SAUNAS
1. Section 6 . 40 of the City Code, Massage Parlors, Saunas,
Steam Baths, Heat-Bathing Rooms, was repealed and one new section
adopted in its place. Since "Saunas" , "Steam Baths" , and "Heat-
Bathing Rooms" were all defined the same, only the term "sauna"
was retained.
2 . The definition of "massage" was revised to include
massage through the use of any instrument. The exceptions for
physicians, etc. were moved to a new Exceptions section.
3 . The license application provisions were divided into two
sections, relating to initial license applications, and renewals.
The language was clarified, and provisions were added to
specifically refer to the required license fee, which is set
forth in the annual Fee Schedule.
4 . A new section was added specifying exceptions to the
licensing provisions. Previously these exceptions were included
in the definition of the word "massage" . Two additional
exceptions were added, for health care facilities licensed by the
State of Minnesota, and health care facilities owned by the State
of Minnesota or any of its agencies.
5 . The "Denial of a License" and "Restrictions and
Regulations" sections were combined into one section. The
prohibition on licensing aliens was deleted. The new restrictions
and regulations section provides that a license may be revoked,
suspended, or not renewed by the City upon a showing that the
licensee, its owners, managers, employees, or agents have
violated any of the following restrictions and regulations:
A. Licenses may be granted only for operation upon fixed
premises which must be located in the general commercial
1h ,
districts of the City as established by the zoning laws of
the City. The total number of licenses issued shall be
limited to six.
B. Licenses shall be granted only upon a showing of
compliance with all laws of sanitation.
C. No beer, liquor, narcotic drug or controlled
substances, as such terms are defined by State Statutes or
by the City Code, shall be permitted on licensed premises.
D. No licensee, owner, manager, employee, or agent may
engage in habitual drunkenness or intemperate use of a
controlled substance as defined in Minnesota Statutes.
E. Only masseurs and masseuses licensed by the City may
perform massage, except as provided in Subd. 4 above. Any
person acting as a masseur or masseuse in a massage parlor
or sauna shall display his or her license in a prominent
place in the massage parlor or sauna.
F. A license shall not be granted or renewed if granting
the license (1) would be inconsistent with the comprehensive
development plans of the City, or (2) would otherwise have a
detrimental effect upon the property or properties in the
vicinity.
G. Violation of any law or regulation relating to health,
building, building maintenance, safety, or other provision
of the City Code or State law shall be grounds for denial or
revocation of a license.
H. The application must not contain any false, fraudulent
or deceptive statements.
I. No applicant or any employee or proposed employee
shall have been convicted or pled guilty within the previous
three (3) years of a violation of this Section, or of any
law prohibiting prostitution, pandering, keeping a
disorderly house, criminal sexual conduct, any sex crime
under Minn. Stat. Chapter 609, or a crime involving moral
turpitude.
J. No applicant or any employee or proposed employee may
be under eighteen (18) years of age.
K. The applicant has not, within one (1) year prior to
the date of application, been denied licensure or had its
license revoked.
L. No massage parlor or sauna may discriminate between
persons on the basis of race, color, creed, sex, or national
origin or ancestry.
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M. All massage parlor and sauna licensees shall comply
with any and all amendments to this Section. Failure to do
so shall be grounds for revocation of a license.
N. The licensee shall furnish the Police Department with
a list of current employees indicating their names,
addresses and which employees are practicing massage as a
part of their duties. The licensee shall promptly notify
the Police Department of any change in the list.
0. The licensee shall permit and allow the inspection of
the premises during business hours by the Building Official,
police officers, and health officers, without a warrant for
searches and seizures.
P. Upon request by any police officer, any person
employed in any licensed premises shall provide
identification including his or her true legal name and
correct address.
6 . Provisions relating to a Resident Manager or Agent were
clarified and strengthened, to provide that before a license is
issued under this Section to an individual who is a non-resident
of the City, to more than one individual, or to a corporation,
partnership, or association, the applicant shall designate in
writing a natural person who is a resident of the City to be
manager and in responsible charge of the business and upon whom
service of process may be made. Such a person shall remain
responsible for the conduct of the business until another
suitable person has been designated in writing by the licensee.
The licensee shall promptly notify the Police Department in
writing of any change indicating the name and address of the new
manager and the effective date of such change.
7 . The ordinance previously contained requirements for
submitting plans and specifications, and for construction. Many
of these provisions were redundant with the Building and Plumbing
Codes, and therefore were deleted. Compliance with the Building
and Plumbing Codes is required. Other construction and
maintenance requirements were left intact.
8 . Insurance requirements were updated to require insurance
at the statutory limits of liability for a municipality, rather
than the lower rates previously specified.
9 . The section on Unlawful Acts was substantially modified.
It now provides as follows:
A. It is unlawful for any person to commit, attempt to
commit, conspire to commit, or aid or abet in the commission
of, any act constituting a violation of this Section,
whether individually or in connection with one or more
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persons or as a principal, agent or accessory.
B. It is unlawful for any licensee to fail to, at all
times, observe all restrictions, regulations and maintenance
requirements contained in this Section.
C. It is unlawful for any person to falsely,
fraudulently, forcibly or willfully induce, cause, coerce,
require, permit or direct another to violation any of the
provisions of this Section.
D. It is unlawful for any licensee to allow the licensed
premises to be open for business or allow patrons to be on
the premises between the hours of 3 : 00 o 'clock A.M. and 8 : 00
o ' clock A.M. of the same day.
E. It is unlawful for any licensee, agent, or employee of
a licensee to hinder or prevent a police, building, or
health officer from making any inspection at any time.
SECTION 6 . 41 OF THE CITY CODE, MASSEUR AND MASSEUSE LICENSE
1. Section 6 . 41 of the City Code, Masseur and Masseuse
Registration, was repealed and one new section adopted in its
place.
2 . Various housekeeping changes were made, including
referring to the definition of "massage" in Section 6 . 40 instead
of repeating the definition, and changing the requirement of
"registration" to one of "licensing" .
3 . The license application provisions were divided into two
sections, relating to initial license applications, and renewals.
The language was clarified, and provisions were added to
specifically refer to the required license fee, which is set
forth in the annual Fee Schedule. Initial applications must be
accompanied by front and side view photographs, and such other
information as is required by the Shakopee Police Department,
including fingerprints and releases of information.
4 . Educational requirements have been added. Now each
applicant for a massage license shall furnish, with the
application, proof of the following:
A. A diploma or certificate of graduation from a school
approved by the American Massage Therapist Association or
other similar reputable massage association; or
B. A diploma or certificate of graduation from a school
which is either accredited by a recognized educational
accrediting association or agency, or is licensed by the
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state or local government agency having jurisdiction over
the school.
C. A minimum of 100 hours of successfully completed
course work in the following areas (1) The theory and
practice of massage, including, but not limited to, Swedish,
Esalen, Shiatsu, and/or Foot Reflexology techniques; and (2)
anatomy, including, but not limited to, skeletal and
muscular structure and organ placement; and (3) hygiene.
5 . A new section was added specifying exceptions to the
licensing provisions. Previously these exceptions were included
in the definition of the word "massage" .
6 . New restrictions and regulations were added, requiring
all licensees to:
A. Refrain from any conduct which results in a conviction
or plea of guilty to prostitution, criminal sexual conduct,
or other sex crime under Minn. Stat. Chapter 609 .
B. Require that the person who is receiving the massage
shall have his/her buttocks, anus and genitals covered with
an appropriate non-transparent covering.
C. At all times have their anus, buttocks, breasts and
genitals covered with a non-transparent material.
A printed copy of the ordinance is available for inspection
by any person at the office of the City Clerk and at the Scott
County Library.
[6. 41]
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EXPLANATION TO ORDINANCE 310
ORIGINATING DEPARTMENT: Law Department
PURPOSE: To revise the ordinances relating to Massage
Parlors and to Masseur and Masseuse licensing to provide stricter
regulation.
REMARKS: The City Council has been asked to consider
lowering the license fees for massage, in order to permit it more
readily in Shakopee. The high fees currently effectively
prohibit some business operation. Massage parlors have long had
a reputation for attracting unwanted business, despite the
positive aspects of massage. In order to allow massage without
the negative aspects, this ordinance has been prepared to more
strictly regulate massage parlors and the persons who would be
performing the massage.
The provisions relating to massage parlors and saunas were
tightened, and additional regulations provided, to bring this
ordinance more in line with other cities.
The current ordinance registering masseurs and masseuses was
modified mainly by adding educational requirements. These
requirements are quite common in recent ordinances adopted in
other cities. The ordinance as proposed also requires the
licensee to refrain from criminal sexual conduct, and adds attire
requirements.
ACTION REQUESTED: Offer Ordinance No. 310, an ordinance
amending Chapter 6 of the City Code, Other Business Regulations
and Licensing, by repealing Sections 6. 40, Massage Parlors,
Saunas, Steam Baths, Health-Bathing Rooms, and 6 . 41, Masseur and
Masseuse Registration, and enacting two new sections in lieu
thereof relating to the same subject, and move its adoption.
Submitted by: Approved by:
City Attorney City Administrator
[6. 41]
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h4gd
ORDINANCE NO. 310, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER
6 OF THE CITY CODE, OTHER BUSINESS REGULATIONS AND LICENSING, BY
REPEALING SECTIONS 6. 40, MASSAGE PARLORS, SAUNAS, STEAM BATHS,
HEAT-BATHING ROOMS, AND 6. 41, MASSEUR AND MASSEUSE REGISTRATION,
AND ENACTING TWO NEW SECTIONS IN LIEU THEREOF RELATING TO THE
SAME SUBJECT.
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS :
Section 1 - That Section 6 . 40 of the City Code, Massage
Parlors, Saunas, Steam Baths, Heat-Bathing Rooms, is hereby
repealed and one new section adopted in lieu thereof, which shall
read as follows:
SEC. 6.40. MASSAGE PARLORS [ , ] AND SAUNAS [ , STEAM BATHS,
HEAT-BATHING ROOMS] .
Subd. 1. Definitions. As used in this Section, the
following words and terms shall have the meanings stated:
A. "Massage" [C. The term "massage") means the practice of
rubbing, stroking, kneading, tamping or rolling of the body with
the hands or any instrument, for the exclusive purpose[s] of
relaxation, physical fitness, or beautification, and for no other
purpose [ ,by a person not licensed as a medical doctor,
chiropractor, osteopath, podiatrist, nurse who works solely under
the direction of such person, physical therapist, athletic
director and trainer, or beautician and barber who confine their
treatments to the scalp, face and neck] .
B. "Massage parlor" [A. The term "massage parlor") means
an establishment in the business of providing massage services
either to the public or as a private club.
C. "Sauna" [B. The terms "sauna" , "steam bath" or "heat-
bathing room" mean] means a room used for the purpose of bathing,
reducing, or relaxing., utilizing steam or hot air as a cleaning,
reducing, or relaxing agent.
Subd. 2 . License Required. It is unlawful for any person
to [directly or indirectly upon any pretense or by any device]
engage in the business of keeping, conducting or operating any
massage parlor [ , ] or sauna, [steam bath, or heat-bathing room, ]
which is open to the public or for which any charge or fee is
made or any money or thing of value is solicited or received
without [first obtaining] a license therefor from the City.
Subd. 3 . Licensing Requirements [License Application] .
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A. Initial License Application. All initial applications
[for licenses to operate massage parlor, sauna, steam bath or
heat-bathing rooms] shall be accompanied by a non-returnable
investigation fee in the amount set forth in the Fee Schedule.
Each application [Applications] shall contain the names and
address[es] of the owners, lessees and operators of the proposed
massage parlor or sauna [applicant] , together with a description
and location of the premises. The application shall [also]
include information as to any conviction of any crime or offense
committed by anyone listed on the application [the applicant] ,
together with such other information as the Council may require
[before consideration of the application] . All applications by
corporations shall include the names and addresses of all persons
having a beneficial interest therein. Prior to consideration of
the application by the Council, an [An] investigation shall be
made by the Building Official to determine compliance with this
Section, [shall be conducted] of all premises proposed to be
licensed [before consideration by the Council. The] and by the
Police Department [shall conduct an investigation] of all persons
listed on the license application. [proposed to be licensed
[before consideration by the Council. All applications shall
thereafter be considered by the Council. ]
B. Renewals. Each license shall expire on December 31 of
that year. Licenses must be renewed annually. The renewal
application shall be accompanied by an annual fee as set forth in
the Fee Schedule. For a renewal, the applicant must provide full
information as required for initial licenses for any new owners,
lessees, or operators proposed to be involved in the massage
parlor or sauna, and also provide any changes in the name,
address, criminal record, or other relevant information of any
other owner, lessee, or operator. The Building Official and/or
the Police Department may conduct an investigation prior to any
renewal .
[Subd. 4 . Fees and Terms. ]
[A. (Repealed by Ordinance No. 79, 4th Series, adopted 11-
17-81. ) ]
[B. All licenses issued hereunder shall terminate on the
last day of February of each year. ]
Subd. 4 . Exceptions.
This Section shall not apply to the following establishments
or people:
A. A health care facility licensed by the State of
Minnesota.
B. A health care facility owned by the State of Minnesota
or any of its agencies.
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C. A medical clinic or hospital, so long as the massage is
performed by a doctor, chiropractor, osteopath, podiatrist, or
nurse working under the direction of such person.
D. A physical therapy clinic or athletic facility, so long
as the massage is performed by a physical therapist, athletic
director, or trainer.
E. A beauty parlor or barbershop, so long as the massage is
performed by a beautician or barber, and treatment is limited to
the scalp, face, and neck.
Subd. 5 . Restrictions and Regulations. [Denial of a
License. ] A license may be revoked, suspended, or not renewed by
the City upon a showing that the licensee, its owners, managers,
employees, or agents have violated any of the following
restrictions and regulations:
A. Licenses may be granted only for operation upon fixed
premises which must be located [locations] in the general
commercial districts of the City as established by the zoning
laws of the City. The total number of licenses issued shall be
limited to six. [to establishments which can meet the safety,
sanitary, and building code requirements of the City]
B. Licenses shall be granted only upon a showing of
compliance with all laws of sanitation.
C. No beer, liquor, narcotic drug or controlled substances,
as such terms are defined by State Statutes or by the City Code,
shall be permitted on licensed premises.
D. No licensee, owner, manager, employee, or agent may
engage in habitual drunkenness or intemperate use of a controlled
substance as defined in Minnesota Statutes.
E. Only masseurs and masseuses licensed by the City may
perform massage, except as provided in Subd. 4 above. Any person
acting as a masseur or masseuse in a massage parlor or sauna
shall display his or her license in a prominent place in the
massage parlor or sauna.
F. A [and a] license shall not be granted or renewed if
granting the license (1) would be inconsistent with the
comprehensive development plans of the City, or (2) would
otherwise have a detrimental effect upon the property or
properties in the vicinity. [The license may be denied for any
of the following reasons: ]
[A. The proposed use is in conflict with the City Zoning
Ordinance. ]
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l44
G. [B. ] Violation of any law or regulation relating to [The
proposed use is in conflict with any] health, building, building
maintenance, safety, or other provision[s] of the City Code or
State law shall be grounds for denial or revocation of a license.
H. [C. ] The application must not contain[s] any false,
fraudulent or deceptive statements.
I. [D. ] No [The] applicant or any employee or proposed
employee shall have [has] been convicted or pled guilty within
the previous three (3) years of a violation of this Section, or
of any law prohibiting prostitution, pandering, [or] keeping a
disorderly house, criminal sexual conduct, any sex crime under
Minn. Stat. Chapter 609, or a crime involving moral turpitude.
J. [E. ] No [The] applicant or any employee or proposed
employee may be [is] under eighteen (18) years of age [or an
alien] .
[F. The applicant has not complied with any provision of
this Section. ]
K. [G. ] The applicant has not, within one (1) year prior to
the date of application, been denied licensure[ ; ] or [has within
such period] had its license revoked.
[H. Engaging in any conduct which would constitute grounds
for refusal to issue a license. ]
L. No massage parlor or sauna may discriminate between
persons on the basis of race, color, creed, sex, or national
origin or ancestry.
M. All massage parlor and sauna licensees shall comply with
any and all amendments to this Section. Failure to do so shall
be grounds for revocation of a license.
N. The licensee shall furnish the Police Department with a
list of current employees indicating their names, addresses and
which employees are practicing massage as apart of their duties.
The licensee shall promptly notify the Police Department of any
change in the list.
O. The licensee shall permit and allow the inspection of
the premises during business hours by the Building Official,
police officers, and health officers, without a warrant for
searches and seizures.
P. Upon request by any police officer, any person employed
in any licensed premises shall provide identification including
his or her true legal name and correct address.
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l*4i
Subd. 6. Resident Manager or Agent. [Restrictions and
Regulations. ]
[A. The licensee and the persons in his employ shall comply
with all applicable regulations and laws of the City and State
relating to safety and morals. ]
A. [B. ] Before a license is issued under this Section to an
individual who is a non-resident of the City, to more than one
individual, or to a corporation, partnership, or association, [If
the licensee is a partnership or a corporation] the applicant
shall designate in writing a natural person who is a resident of
the City to be manager and in responsible charge of the business
and upon whom service of process may be made. Such a person
shall remain responsible for the conduct of the business until
another suitable person has been designated in writing by the
licensee. The licensee shall promptly notify the Police
Department in writing of any change indicating the name and
address of the new manager and the effective date of such change.
[C. The licensee shall furnish the Police Department with a
list of current employees indicating their names, addresses and
which employees are practicing massage as a part of their duties.
The licensee shall promptly notify the Police Department of any
change in the list. ]
[D. The licensed premises shall not be open for business
nor shall patrons be permitted on the premises between the hours
of 3 : 00 o 'clock A.M. and 8 : 00 o 'clock A.M. of the same day. ]
[E. The licensee shall permit and allow the inspection of
the premises during business hours by all appropriate City
employees. ]
[F. Upon demand by any police officer any person employed
in any licensed premises shall identify himself by giving his
true legal name and his correct address. ]
[G. No person under eighteen years of age shall be employed
in an establishment requiring a license under the provisions of
this Section. ]
[H. No such business shall employ or use any person as a
masseur or masseuse, unless such person is currently registered
with the City. Any person acting as a masseur or masseuse in any
such business shall have his registration certificate displayed
in a prominent place in the licensee' s premises. ]
Subd. 7. Submission of Plans and Specifications. All
persons who hereafter construct, extensively remodel, or convert
buildings or facilities for use as massage parlors [ , ] or saunas,
[steam baths, or heat-bathing rooms, ] which are open to the
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/Y f./
public, shall [conform and] comply p y [in their construction,
erection, or alteration] with the requirements of the Building
Code and the Plumbing Code. To the extent the Building Code or
Plumbing Code does not impose stricter requirements, the
provisions of this Section shall govern. [Two copies of plans
and specifications for such construction, remodeling, or
alteration which show layout, arrangement, and plumbing and
construction materials of the bathing areas and locations, size,
and type of equipment and facilities shall be filed by the owner
or his agent prior to the issuance of a building permit. One
copy of the plans and specifications shall be submitted to the
Building Official at least three (3) days before the issuance of
a building or construction permit. ]
Subd. 8. Construction and Maintenance Requirements.
[A. All sauna rooms, steam baths, or heat-bathing rooms and
all restrooms and bathrooms used in connection therewith shall be
constructed of materials which are impervious to moisture,
bacteria, mold or fungus growth. The floor-to-wall and wall
joints shall be constructed to provide a sanitary cove with a
minimum radius of one inch. ]
[B. All restrooms shall be provided with mechanical
ventilation with 2 cfm per square feet of floor area, a hand
washing sink equipped with hot and cold running water under
pressure, sanitary towels and a soap dispenser. ]
[C. All rooms in the licensed premises including, but not
limited to, sauna rooms, massage rooms, steam baths, heat-bathing
rooms, restrooms, bathrooms, janitor's closet, hallways, and
reception area shall be illuminated with not less than 30 foot
candles of illumination. ]
[D. Each establishment shall have a janitor' s closet which
shall provide for the storage of cleaning supplies. Such closet
shall include a mop sink. ]
A. [E. ] Floors, walls and equipment in sauna rooms, massage
rooms, [steam baths, heat-bathing rooms, ] restrooms, bathrooms,
janitor' s closet, hallways, and reception area used in connection
therewith must be kept in a state of good repair and clean at all
times. Linens and other materials shall be stored at least 12
inches off the floor. Clean towels and wash cloths must be made
available for each customer.
B. [F. ] Individual lockers shall be made available for use
by patrons. Such lockers shall have separate keys for locking.
[G. Such establishments shall provide adequate refuse
receptacles which shall be emptied as required. ]
C. [H. ] The doors to the individual massage rooms [ , steam
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01'
baths, ] or saunas[ , or heat-bathing rooms] shall not be equipped
with any locking device and shall not be blocked or obstructed
from either side.
Subd. 9 . Insurance Required. Each applicant for a license
under this Section shall file with the City a public liability
insurance policy or certificate of insurance from a company
authorized to do business in Minnesota, insuring the applicant
against any and all loss arising out of the use, operation or
maintenance of the massage parlor. The policy of insurance shall
be in limits of not less than the statutory limits of liability
for a municipality [$100, 000 . 00 for injury or loss to one person,
$300, 000 . 00 for each occurrence, and $25, 000. 00 property damage] .
Failure to keep in full force and effect the insurance required
herein is grounds for revocation.
[Subd. 10. Revocation and Suspension of License. The
license may be revoked, suspended or not renewed by the City upon
a showing that the licensee, its owners, managers, employees or
agents have engaged in any of the following conduct: ]
[A. Habitual drunkenness or intemperate use of a controlled
substance as defined in Minnesota Statutes. ]
[B. Engaging in conduct involving moral turpitude. ]
[C. Failure to fully comply with the requirements of the
City Code and Minnesota Statutes. ]
[D. Conviction of an offense involving moral turpitude by
any Court of competent jurisdiction. ]
Subd. 10. [11. ] Unlawful Acts.
A. It is unlawful for any person to commit, [or] attempt to
commit, conspire to commit, or aid or abet in the commission of,
any act constituting a violation of this Section, whether
individually or in connection with one or more persons or as a
principal, agent or accessory.
B. It is unlawful for any licensee to fail to, at all
times, observe all restrictions, regulations and maintenance
requirements contained in this Section.
C. It is unlawful for any person to falsely, fraudulently,
forcibly or willfully induce, cause, coerce, require, permit or
direct another to violation any of the provisions of this
Section.
D. It is unlawful for any licensee to allow the licensed
premises to be open for business or allow patrons to be on the
premises between the hours of 3 : 00 o'clock A.M. and 8 : 00 o 'clock
A.M. of the same day.
-7-
E. It is unlawful for any licensee, agent, or employee of a
licensee to hinder or prevent a police, building, or health
officer from making any inspection at any time.
Section 2 - That Section 6. 41 of the City Code, Masseur and
Masseuse Registration, is hereby repealed and one new section
adopted in lieu thereof, which shall read as follows:
SEC. 6.41. MASSEUR AND MASSEUSE LICENSE [REGISTRATION] .
Subd. 1. Definitions. As used in this Section, the
following words and terms shall have the meanings stated:
A. "Massage" has the definition provided in Sec. 6. 40.
[The term "massage" means the practice of rubbing, stroking,
kneading, tamping, or rolling of the body with the hands, for the
exclusive purposes of relaxation, physical fitness, or
beautification, and for no other purpose, by a person not
licensed as a medical doctor, chiropractor, osteopath,
podiatrist, nurse who works solely under the direction of such
person, physical therapist, athletic director and trainer, or
beautician and barber who confine their treatments to the scalp,
face and neck. ]
B. "Masseur" [The term "masseur" ) means a male person who,
for compensation, practices massage.
C. "Masseuse" [The term "masseuse"] means a female person
who, for compensation, practices massage.
Subd. 2 . License [Registration] Required. It is unlawful
for any person to practice massage [therapy] without a license
therefor from the City [unless duly registered with the City] .
Subd. 3 . Licensing Requirements [Registration] .
A. License Application. All applications for a license
[registration] to practice massage shall be accompanied by a
medical certificate from a physician duly licensed to practice
medicine in the State of Minnesota stating that the applicant has
no communicable disease. Application shall contain such other
information as the Council may, from time to time, require. All
applicants shall be at least eighteen (18) years of age.
B. Renewals. Each license shall expire on December 31 of
that year. Licenses must be renewed annually. The renewal
application shall be accompanied by a medical certificate from a
physician duly licensed to practice medicine in the State of
Minnesota stating that the applicant has no communicable disease.
The renewal application also shall be accompanied by an annual
fee as set forth in the Fee Schedule.
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/t 4
C. Initial Applications. All initial applications shall be
accompanied by a non-returnable investigation fee in the amount
set forth in the Fee Schedule. All initial applications also
shall be accompanied by front and side view photographs, and such
other information as required by the Shakopee Police Department,
including fingerprints, and releases of information.
D. Educational Requirements.
1. Each applicant for a massage license shall furnish
with the application proof of the following:
a. A diploma or certificate of graduation from a
school approved by the American Massage Therapist
Association or other similar reputable massage association;
or
b. A diploma or certificate of graduation from a
school which is either accredited by a recognized
educational accrediting association or agency, or is
licensed by the state or local government agency having
jurisdiction over the school.
2 . Each applicant shall also furnish proof at the time
of application of a minimum of 100 hours of successfully
completed course work in the following areas:
a. The theory and practice of massage, including, but
not limited to, Swedish, Esalen, Shiatsu, and/or Foot
Reflexology techniques; and
b. anatomy, including, but not limited to, skeletal
and muscular structure and organ placement; and
c. hygiene.
[Subd. 4 . Fee and Term. ]
[A. (Repealed by Ordinance No. 79, 4th Series, adopted
11-17-81. ) ]
[B. All registrations issued hereunder shall expire on
December 31 of each year. ]
Subd. 4 [5] . Restrictions and Regulations. All licensees
[registrants] shall :
A. Display current licenses [certificates of registration]
in a prominent place at their place of employment.
B. Upon demand of any police officer at the place of
employment, produce correct identification.
-9-
C. Practice massage only at such location as is designated
in the license [registration certificate] .
D. Inform the City Clerk [Administrator] in writing of any
change in location prior to such change.
E. Refrain from habitual drunkenness or intemperate use of
a controlled substance as defined by Minnesota Statutes.
F. Refrain from engaging in conduct involving moral
turpitude.
G. Refrain from any conduct which results in a conviction
or plea of guilty to prostitution, criminal sexual conduct, or
other sex crime under Minn. Stat. Chapter 609 .
H. Require that the person who is receiving the massage
shall have his/her buttocks, anus and genitals covered with an
appropriate non-transparent covering.
I. At all times have their anus, buttocks, breasts and
genitals covered with a non-transparent material .
J [I] . Comply with the requirements of the City Code and
Minnesota Statutes.
K [J] . Refrain from engaging in any conduct which would
constitute grounds for refusal to issue a license [certificate of
registration] .
Note: The bracketed language [thus] is deleted; the underlined
language is inserted.
Section 3 - General Provisions. City Code Chapter 1,
General Provisions and Definitions Applicable to the Entire City
Code Including Penalty For Violation, and Section 6. 99, Violation
a Petty 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
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Attest: City Clerk
Approved as to form: City Attorney
Published in the Shakopee Valley News this day of
, 1991.
[6. 41]
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•
EXPLANATION TO RESOLUTION 3395
ORIGINATING DEPARTMENT: Law Department
PURPOSE: To revise the 1991 Fee Schedule for Massage
Parlors, Saunas, and Masseur and Masseuse Licenses.
REMARKS: The City Council directed staff to review the
City Code provisions and fee requirements for massage parlors and
people performing massage. A revised ordinance has been
prepared. The existing fees are somewhat higher than may be
necessary to cover our costs. With sound ordinance provisions it
is not necessary to attempt to discourage this type of business
through high fees, which may have been done in the past.
This resolution would lower the annual fee for massage
parlors from $2000 to $300, bringing it in line with Savage,
Eagan, Bloomington, and other cities. The investigation fee for
massage parlors is lowered to cover the average costs of
investigation, and set at $330, the same amount as required for
liquor licenses. New investigation fees are added for massage
parlor employees and masseurs and masseuses for the first time.
ACTION REQUESTED: Offer Resolution No. 3395, a Resolution
amending Resolution 3328 , adopting the 1990 Fee Schedule, by
revising the fees for Massage Parlors, Saunas, and Masseur and
Masseuse Licenses, and move its adoption.
Submitted by: Approved by:
City Attorney City Administrator
[6 . 41]
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RESOLUTION NO. 3395
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING
RESOLUTION 3328, ADOPTING THE 1990 FEE SCHEDULE, BY REVISING THE
FEES FOR MASSAGE PARLORS, SAUNAS, AND MASSEUR AND MASSEUSE
LICENSES.
WHEREAS, in early 1991 the City Council adopted the 1991 Fee
Schedule; and
WHEREAS, the City Council now has revised the City Code
provisions relating to massage parlors, saunas, and masseur and
masseuse licenses, and wishes to revise the fees as well .
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA, AS FOLLOWS:
That the provisions of the 1991 Fee Schedule relating to
Massage Parlors, Saunas, Steam Baths, Heat-Bathing Rooms, and
Masseur and Masseuse Registration are hereby deleted and replaced
with the following:
Massage Parlors and Saunas
(Authorized by City Code 6. 40)
1. Annual license fee $300. 00
2 . Investigation fee, [Initial license requires one,time00]
investigation fee] required for each new business, and required
each time the business or an interest in the business is
transferred $330. 00
3 . Investigation fee for each new employee $50.0000]
Masseur and Masseuse License [Registration Fee]
1. Annual license [registration] fee $100. 00
2 . Investigation fee for each new applicant $50. 00
Note: The added provisions are underlined; the deleted
provisions are bracketed [thus] .
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
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