HomeMy WebLinkAbout12/21/1993 MEMO TO: Honorable Mayor and City Council
FROM: Dennis R. Kraft, City Administrator
RE: Non-Agenda Informational Items
DATE: December 17, 1993
1 . Attached are the November 30, 1993 minutes of the Planning
Commission meeting.
2 . The American Legion desires to donate $5, 000 to the City for
playground equipment at Veterans Memorial Park. The
appropriate gambling request for this has been signed by the
City Clerk (attached) .
3 . Attached are the November 1, 1993 minutes of the Shakopee
Public Utilities Commission.
4 . Attached is a memorandum from the City Attorney regarding open
meeting law and real property acquisition.
5 . Attached is a memorandum from the City Attorney regarding
closed meetings .
6 . Attached are the Revenue and Expenditure Reports as of
November 30, 1993 .
7 . Attached is the Police Newsletter for Council review.
8 . Attached is a memorandum from the Public Works Director
regarding worker' s comp claim.
9 . Attached are the December 15, 1993 minutes of the Community
Development Commission.
10 . Attached are the December 2, 1993 minutes of the Planning
Commission.
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OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION
Special Session Shakopee, Minnesota November 30, 1993
MEMBERS PRESENT: Joos, Madigan, Mars, & Christensen
MEMBERS ABSENT: Spurrier, Kelly, Zak
STAFF PRESENT: Lindberg Ekola, City Planner
Terrie Sandbeck, Assistant City Planner
Karen Marty, City Attorney
Lisa Anderson, Recording Secretary
I. ROLL CALL
Chrmn. Joos called the meeting to order at 6: 37 p.m. The
roll call was taken as noted above.
II. APPROVAL OF AGENDA
The agenda was approved as presented.
III. PUBLIC HEARING: TO CONSIDER AMENDMENTS TO CHAPTER 11,
LAND USE REGULATION (ZONING) OF THE SHAKOPEE CITY CODE.
Chrmn. Joos opened the public hearing regarding the
Shakopee City Code. The City Planner gave a short update
of the last meeting.
IV. RECOGNITION OF INTERESTED CITIZENS
Chrmn. Joos recognized anyone in the audience wishing to
speak on any item regarding the Light Industrial Zone.
John Sturgess, 1118 Humes Road, Janesville, Wisconsin,
approached the podium. He handed out materials he has
received from OSHA and EPA regarding safety, air quality,
hazardous waste and the hauling of it, and other OSHA
policies. He stated that he is doing everything he can
to keep his employees and the community safe.
Chrmn. Joos suggested that staff gather further
information regarding EPA and 2 , 200 gallons as being a
heavy generator of toxic waste. The City Planner stated
he would check into this more thoroughly.
The City Planner suggested that this discussion be tabled
until a later time when standards for Conditional Use
Permits are discussed.
R-2 ZONING DISTRICT:
The City Attorney stated that ZORC recommends that single
family dwellings be prohibited if new construction and
Minutes of the Page - 2
Shakopee Planning
Commision November 30, 1993
only existing single family dwellings remain as a
permitted use. The staff recommendations have been made
as discussed at previous meetings.
Comm. Kelly took a chair at 6 : 52 P.M.
Motion: Comm. Christensen/Madigan offered a motion to
accept the R-2 District with the recommendations of
staff.
Vote: Motion carried with Comm. Kelly abstaining from
the vote.
R-3 ZONING DISTRICT:
The City Attorney provided a brief overview of this
district. She stated that it allows only existing single
family and 2 family dwellings and new dwellings limited
to three or more units.
The City Planner gave an explanation of what is meant by
mid-density. Comm. Mars pointed out that in Subd. 5-D a
building is not to exceed 2 stories. The City Attorney
suggested that it be added back, but stating that with a
conditional use permit this district would allow an
overheight structure.
Motion: Comm. Christensen/Madigan offered a motion to
allow structures up to 35' in height but that can exceed
this height limitation with a Conditional Use Permit.
Vote: Motion carried unanimously.
Highway Business Zone:
The City Planner provided an overview of the ZORC
recommendations. He stated there is a provision for
existing parcels of record to exist.
Comm. Mars questioned Subd. 3-D regarding the sale of
Christmas Trees. The City Attorney responded that this
should be discussed at a later time after the Staff
gathers more information.
Comm. Joos stated a concern regarding automobiles or boat
sales or repairs. The City Attorney responded that this
is a regulation by the State.
The City Attorney stated that staff is recommending to
eliminate service establishments because they will be
included under definitions of retail business and to also
add churches under the Conditional Uses.
Minutes of the Page - 3
Shakopee Planning Commission November 30, 1993
Commissioner Spurrier took a chair at 7 : 22 p.m.
Motion: Comm. Christensen/Kelly offered a motion to
adopt staff recommendations.
Vote: Motion carried unanimously with Comm. Spurrier
abstaining from the vote.
John Albinson, 5240 Valley Industrial Boulevard,
Shakopee, Minnesota, approached the podium. He asked to
backtrack to R-3 and if it was staff's intent to always
have a standard development product come before the Board
for a CUP regarding an overheight structure. Chrmn. Joos
responded that the Board wants to have input in the
development process.
HIGHWAY BUSINESS DISTRICT:
The City Planner provided the ZORC recommendations. He
stated that in this district it is intended to provide
for offices and related service uses but would exclude
general retail uses. The size of the property is
recommended to stay the same, but the structures are
taller.
The City Attorney provided the Staff recommendations.
Staff suggests to add financial institutions in as a
permitted use, to change the word "services" to "retail"
in Subd. 3A, and to change the size of the structure to
over 55' in height.
Comm. Zak took a chair at 7 : 34 p.m.
Comm. Mars stated the importance of having a place for
employees to eat or shop within their building of
employment. Chrmn. Joos clarified that that is not being
prohibited in this district, but is only allowing the
Board to have input on where these services would be
located. This would be allowed under a Conditional Use
Permit.
Motion: Comm. Christensen/Madigan offered a motion for
adoption of office business (B-2) with any considerations
from staff and to insert "retail" for "service" in Subd.
3-A, Conditional Uses. Comm. Christensen/Madigan would
also like to add that it is appropriate to consider a
club or physical use facility that would mix office and
residential.
The City Attorney suggested that the City allow Class 1
Restaurants which exclude alcoholic beverages and live
Minutes of the Page- 4
Shakopee Planning Commission November 30, 1993
entertainment. She stated that Class 2 allows these
types of uses.
Comm. Christensen/Madigan asked to poll the question.
Comm. Madigan and Joos are for a Class 1. Comm. Kelly,
Mars, Zak and Spurrier vote for no designation.
Comm. Christensen/Madigan offered to add no designation
and "retail services" be added to her previous motion.
Chrmn. recognized anyone in the audience wishing to speak
regarding this matter. John Albinson, 5240 Valley
Industrial Boulevard, Shakopee, Minnesota, approached the
podium. He stated he felt it would be cumbersome for all
the retailers to come before the Board for Conditional
Use Permits. Comm. Zak commented that the idea is to
stay in control of what goes in, not to make it
cumbersome for the retailer. The City Attorney stated
that the retail uses that are allowed as conditional uses
are not required to be within a permitted use structure.
Comm. Christensen/Madigan would like to further her
amendments to the motion to have staff look at that and
come back later regarding the control without the uses.
Comm. Christensen calls the question.
Vote: Motion carried unanimously.
A five minute recess was taken at 8 : 25 p.m.
The Meeting reconvened at 8 : 31 p.m.
CENTRAL BUSINESS (B-3) :
The City Attorney stated that staff recommends under
Subd. 2 , Permitted Uses, to add "financial institutions"
and "hotels" . The City Planner gave the ZORC
recommendations to change the floor area ratio to a 4 . 0
therefore, making a lot 9000 square feet.
Comm. Spurrier stated his concerns with the space
available at the corners in the Central Business
District. He feels it is necessary to have a 25 foot
triangle from the corner of a block at the intersection.
The City Attorney clarified that the site triangle
provisions are to be discussed with the performance
standards.
Comm. Christensen asked why "theaters" has been deleted.
The City Planner and the City Attorney gave their
Minutes of the Page- 5
Shakopee Planning Commission November 30, 1993
viewpoints and opinions on this matter. The City
Attorney informed the Planning Commission of reasons
against having a theater downtown, and the City Planner
provided some of the benefits of having a theater
downtown. The City Planner pointed out that the downtown
reconstruction has opened up a large amount of off-street
parking and stated that downtown Shakopee has a lot of
resources and assets to offer its residents.
A discussion took place regarding the minimum setbacks.
It was suggested to have streets separate the
residentially zoned areas.
Motion: Comm. Spurrier/Zak offered a motion to
eliminate the 75' setback recommendation and have no
special setback for residentially zoned areas.
The City Attorney pointed out that this was a 100'
setback and was lowered to 75' in the original ordinance.
Planning Staff would support that motion.
Vote: Motion carried unanimously.
Motion: Comm. Christensen/Zak offered a motion to
accept the ZORC/Staff recommendations with the addition
of "theaters" under a Conditional Use, and with the
considerations that staff come back with recommendations
regarding building height and structures.
Vote: Motion carried unanimously.
DEFINITIONS:
There was a consensus by the Planning Commission to move
"lift stations" out of "Essential Utility Service
Structures" and put it into "Essential Utility Services" .
There was a consensus by the Planning Commission to
delete "converted older building, facility" from Bed and
Breakfast and just put in the word "building" .
On page 7 , item 60, "Flood Plain" , staff stated that they
would consult with the Shoreland definitions from the DNR
for this since this definition is always changing.
Comm. Spurrier recommended defining the word "space" on
page 13 , item 108 . There needs to be clarification for
the size of a parking space.
Minutes of the Page- 6
Shakopee Planning Commission November 30, 1993
On Page 14 , item 120, it was recommended that
"Recreational Vehicle" include boats in the definition.
On Page 17 , item 149 , it was recommended to add the word
"primary" before the last word "effect" .
Motion: Comm. Mars/Zak offered a motion to adopt the
definitions as amended.
Vote: Motion carried unanimously.
Motion: Comm. Mars/Zak offered a motion to continue the
public hearing to December 2 , 1993 , at 6: 00 p.m.
V. ADJOURNMENT
The meeting adjourned at 10 : 13 p.m.
LGS03 �
Minnesota Lawful Gambling
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4. Attach a copy of this form to your Schedule C Report for the month in which the funds are spent,
MINUTES
OF THE
SHAKOPEE PUBLIC UTILITIES COMMISSION
The Shakopee Public Utilities Commission convened in regular
session on November 1 , 1993 at 4 : 30 P .M. in the Utilities meeting
room .
MEMBERS PRESENT : Commissioners O'Toole , Kirchmeier and
Cook . Also Manager Van Hout , Liaison Sweeney, City Attorney
Karen! Marty, Joe Adams and Secretary Menden .
Motion by Cook, seconded by Kirchmeier to approve the
minutes of the September 13 , 1993 adjourned regular session,
October 4 , 1993 regular meeting and the October 25 , 1993
adjourned regular session as kept . Motion carried .
Motion by Kirchmeier, seconded by O' Toole to approve
kept .
the minutes of the October 18, 1993 special meeting as kpt .
Motion carried . Commissioner Cook abstained.
Motion by Cook, seconded by Kirchmeier to convene to
executive session for the purpose of land acquisition .
Motion carried .
Motion by Kirchmeier, seconded by Cook to adjourn from
executive session .
L ---
No official action was taken in executive session .
BILLS READ:
Edina Realty Trust Account 500 . 00
City of Shakopee 20,032 . 00
ARA/Cory Refreshment Services , Inc . 104: 00
Almsted Auto Body 18 . 00
American Institute���ute of Professional Bookkeepers 39 . 00
Amsterdam Printing and Litho Inc . 65 . 08
Bentz Construction , Inc . 600 . 00
Bills Togaery, Inc . 1 , 105 . 44
Border States Industries , Inc . 12 , 493 . 70
Burmeister Electric Supply 19 , 080 . 61
Canterbury Car Wash 48 . 00
Champion , Inc . 7 , 156 . 80
Citizens State Bank 499 , 628 . 80
City of Shakopee 215 . 34
City of Shakopee 50 . 00
City of Shakopee 2 , 119 . 64
Clay' s Printing Service 407 . 51
Cooperative Power 35 , 716 . 43
Country Medical 60 . 00
Cut-Rite Forest Products - 82 . 54
Cy' s Amoco and Tire 5 . 50
DCA, Inc . 150 . 00
Dalums Utility Equipment Co . , Inc . 299 . 90
Davies Water Equipment Co. 929 . 19
Dressen Oil Co . 234 . 80
Edison Electric Institution 124 . 00
Feed-Rite Controls , Inc . 17 . 04
Genuine Auto Parts Co . 10 . 47
Glenwood Inglewood 27 . 49
Gopher State One Call , Inc . 694 . 14
Graybar Electric Co . , Inc . 4 , 247 . 86
Henu!en ' s ICv 41 . 95
Lano Equipment , Inc . 186 . 99
25 . 73
Leef Bros . , Inc .
Ray LeMiel.lx 108 . 64
Metro Sales , Inc . 17 . 50
Robert A . Michels 6 . 00
Mike' s Riverside TV and Appliance 9 . 00
Minnesota Department of Public Service9 . 84
_ Plumbing mbing and Heating, Inc . 90 . 00
Minnesota valley Testing Labs , Inc . 31 . 76
Motor Parts Service Co . , Inc
Northern States Power Co . 363 ,072 . 88
Northern States Power Co . 1 ,092 . 83
Northern Power 332 . 32
2�vrtllCrr! States Co . •
137 . 74
Parkside Printing , Inc .
Thomas T ar fan
9 . 00. lV
Peterson-Wisdorf , Inc . 643 . 97
Plehal Bla_kLop Win_ , T_cC {
LV . `. L
Robert Pete 18 . 00
RBI Sport 4 . 50
632 . 78
ReachE�Equipment2 , 4. 47
Reynolds Welding Supply Co .
Retail Foods of Minn . 72 . 00
Schilz Ornamental Iron 20 . 00
Shakopee Postmaster 190 . 80
Shakopee Public Utilities 18 . 00
162 . ^%'
Shakopee Public Utilities 4^ 71
Shakopee Services , Inc . 6 , 1444 . 71
Robert Shaw 00 . 00
Sherwin-Williams 227 . 80
Skarnes , icn .
�. 2 , 915 . OV
Al Smith Excavating 00
Southwest Suburban Publishing 50 . 202 20
Starks Cleaning Services , Inc . 9 00
Brian Stately
Dean Struck 176 . 00
T & R Service 10 . 0060 00
Total Petro Inc . #2683
Total Tool 210 . 57
United Compucred Collections 452 . 62
Lou Van Hout 145 . 15
Waste Management 44 . 71
Water Pro 104 . 37
Westinghouse Electric Supply Co. 24, 543 . 67
Yarusso' s Hardware Co. 27 . 06
Wild Iris 53 . 26
Motion by Kirchmeier, seconded by Cook that the bills be
allowed and ordered paid. Motion carried.
The wage requests from the employees of the Shakopee
Public Utilities were tabled until the December meeting.
Liaison Sweeney reported on agenda items for the
November 4, 1993 Council meeting regarding the acquisition for
land for the water tower.
•
A communication from Dave Hutton to Dennis Kraft regarding
the SPUC Acquisition for the Water Tower was also discussed.
The Shakopee Public Utilities Commission has a purchase
agreement on 10 acres of land dated October 27 , 1993 with the
suggested purchase of $84,900 . 00 .
Motion by Kirchmeier, seconded by Cook that the Shakopee
Public Utilities Commission authorize the purchase agreement
from Edina Realty dated October 27 , 1993 , furthermore to direct
the purchase of this real estate. Motion carried .
Motion by Cook, seconded by Kirchmeier to direct staff to
approach R .W. Beck and Associates to see if they will act as
consultants on environmental issues concerning the purchase
of land for the substation and also will recommend legal
counsel that should be used for environmental issues and if
legal counsel is not recommended we will use City Staff to
advise . Motion carried .
The site acquisition for the watertank was updated. Karen
Marty, City Attorney will see as to the status of the acquisition
of the lot located in Maple Trail Estates and will proceed .
The status of the site of the East side water tank was -
updated . A potential four sites have been picked out by our
consultants . We will begin to investigate the purchase of
land of our East side water tank.
Manager Van Haut informed the Commission that the County
Engineer has advised that the watermain that has been taken
by the bypass construction will be replaced at State expense
down Co . Rd . 18 to the railroad track.
The watermain extension South of the bypass was discussed .
The five year Capitol Improvement Plan draft was given
to the Commission . Some projects have been shifted to better
fit in the year the projects will be completed . The final plan
will done for the December meeting.
Ken Adolf , Schoell and Madson arrived to answer any questions
the Commission had on the Co. Rd. 18 watermain extension or any
other water projects going on for the Shakopee Public Utilities .
Motion by Kirchmeier, seconded by Cook to entertain a proposal
from Schoell and Madson to do the engineering for the crossings
for the watermain for the Shakopee bypass . Motion carried .
The Commission asked staff to begin to look into the
possibilities of a quarterly newsletter and a monthly informational
stuffer with the Utility bills . Projects being undertaken by
the Utilities , energy conservation , etc will be used as material
for the stuffer.
A report was given on the fall Minnesota Municipal Utilities
Association meeting by Manager Van Hout . Representative Kelso was
one of a panel of speakers at the meeting.
Motion by Cook, seconded by Kirchmeier to offer Resolution
#410 A Resolution for a Release of Agreement to Complete Water
System . Ayes : Commissioners Cook, Kirchmeier and O'Toole .
Nayes : none . Motion carried. Resolution passed .
New Plats October °'u`
for v�:�C:uCr were given by Maliayar Van Hout .
w'es`ridge Bay II PUD and Stoijebrooke II FUD .
There was one fire call for a total of two hours labor.
We had a lost time accident on October 21 , 1993 . John
Dellwo was involved in a vehicle accident and will return to work
probably sometime in December.
The next regular meeting will be held on December 6 , 1993
in the Utilities meeting room.
Motion by Kirchmeier, seconded by Cook that the meeting be
adjourned . Motion carried . 77
1:--) Ciill\A n, ":\ , ./1 --1
arbara Menden , om ission Secretary
MEMORANDUMiltl
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Karen Marty, City Attorney
DATE: December 8, 1993
RE: The Open Meeting Law and Real Property Acquisition
Facts and Assumptions : The City desires to acquire certain
real property. If we let the property owner know this, the price
will substantially increase because the property owner thinks the
City can be forced to pay more; or the property owner will refuse
to sell because if the acquisition is forced into condemnation
the award will be far higher than any agreed-upon sale price .
There is also the chance that the property owner dislikes the
City so much that the property owner would refuse to sell and
make a fuss .
Question: Can the City acquire the property without letting
the property owner know that we want it and that we are the
buyer? If so, how?
Discussion: The Open Meeting Law, Minn. Stat . Sec . 471 . 705,
does not allow closing City Council meetings to discuss
acquisition and disposition of real estate . In checking with
other City Attorneys, there seem to be two ways of dealing with
this problem.
(1) Make all decisions in the public meeting, and have
staff handle the negotiations . In this situation, the City
Council would discuss the need for the property, and direct staff
to negotiate for the purchase . That part would be done in a
public meeting. Any staff negotiations would be confidential,
between the staff person and the property owner. Staff would
probably check with individual councilmembers from time to time
for individual approval or suggestions as to how to proceed.
Once a purchase price was agreed upon between the staff person
and the property owner, the Council would review the matter in a
public meeting and either accept or reject the price .
(2) Work through a straw party. (This approach has been
used in other cities. ) In this approach, staff would completely
handle the matter, like any other project . Once staff became
aware that acquisition of certain property would suit a known
desire of the City Council, staff would handle the matter,
seeking Council approval only at necessary points along the way.
First, staff would seek permission to contract with a straw party
or realtor, for acquisition of real estate. (If entering into
the contract is within the authority delegated to the City
Administrator, the contract would not have to go to the City
Council . ) The realtor then would negotiate to purchase the
property in the realtor' s name. The purchase would be contingent
on the unidentified principal' s approving the purchase. Once the
purchase agreement was signed, the purchase would be taken to the
City Council for consideration in a public meeting.
Finally, we could ask for an amendment to the Open Meeting
Law. In Missouri, discussion of acquisition and disposition of
real estate are specifically allowed in closed meetings . The
League of Minnesota Cities will be seeking amendments to the Open
Meeting Law in the next legislative session. We could ask them
to pursue an amendment for acquisition and disposition of real
estate, too. There is a substantial public purpose in such an
exemption, in saving the public funds and securing a fair price
for land. If the law were written like the labor negotiations
provisions, such that the closed information becomes public once
the purchase is completed, there would not be any particular
opportunity for abuse . If Council wishes staff to pursue this
option, please let me or Dennis Kraft know.
Signed 4i;) A4;
Karen Mar y, Ci Attorney
KEM:bjm
[BMEMO2]
cc : Dennis Kraft
-2-
5-
MEMORANDUM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Karen Marty, City Attorney
DATE: December 9, 1993
RE: Closed Meetings
Attached is a copy of a memo I have prepared for the City
Clerk. It should eliminate some of the confusion which has
existed regarding when we can close a meeting. Since Council has
expressed an interest in this issue, I am sending you a copy.
For your information, this law applies to all City boards,
commissions, and agencies, as well .
Signed /-,kL9___211.---7
Karen Marty, City Attorney
KEM:bjm
[8MEMO2]
Attachment
cc : Dennis Kraft
cc : All Department Heads
Judy Cox
Lindberg Ekola
Dave Hutton
Frank Ries
Tom Steininger
Barry Stock
Lou Van Hout
Gregg Voxland
MEMORANDUM
TO: Judy Cox, City Clerk
FROM: Karen Marty, City Attorne0-
DATE: December 9, 1993
RE: Closed Meetings
From time to time questions arise regarding closing
meetings . In order to make our agendas more consistent with
state law, and to eliminate many of the questions, I have
prepared the following list of items for which we can or must
close meetings . Please print one of these items on the agenda
whenever a meeting is to be closed. Thanks !
MEETINGS MAY BE CLOSED:
1 . To consider strategy for labor negotiations, including
negotiation strategies or developments or discussion
and review of labor negotiation proposals .
2 . To evaluate the performance of an individual who is
subject to the Council' s authority. (However, the
meeting must be open if requested by the individual who
is the subject of the meeting. )
3 . If the closure is permitted by the attorney-client
privilege.
4 . If the closure is expressly authorized by statute.
MEETINGS SHALL BE CLOSED:
1 . If the following types of data are discussed:
a. data that would identify alleged victims or
reporters of criminal sexual conduct, domestic
abuse, or maltreatment of minors or vulnerable
adults;
b. active investigative data or internal affairs data
relating to allegations of law enforcement
personnel misconduct collected or created by the
City; or
c . educational data, health data, medical data,
welfare data, or mental health data that are not
public data under the data privacy act .
2 . For preliminary consideration of allegations or charges
against an individual subject to the Council' s
authority. (However, the meeting must be open if
requested by the individual who is the subject of the
meeting. )
3 . If expressly required by other law.
[KEM:bjm
[8MEM02)
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MEMO TO: Dennis Kraft, City Administrator
FROM: Dave Hutton, Public Works Director
SUBJECT: Worker's Comp Claim
DATE: December 14, 1993
NON-AGENDA ITEM FOR CITY COUNCIL
Attached please find a letter from the City's attorney through the League of Minnesota Cities
regarding a worker's compensation claim against the City. As indicated the City actually won
this case!
DEH/pmp
COMP
THOMAS M. PETERSON
Attorney at Law
3490 Lexington Avenue North
St.Paul,MN 55126-8044
(612)490-5600
FAX: 490-9686
December 9, 1993
Mr. David Hutton
Public Works Director
City of Shakopee
City Hall
129 South Holmes
Shakopee, MN 55379-1351
RE: John E. Carson v. City of Shakopee, et al.
Our File: WC-17
Dear Mr. Hutton:
Enclosed please find a copy of Judge Culnane's Findings and Order
in the John E. Carson case. I am pleased to report that Judge
Culnane rejected John E. Carson's entire claim against the City
of Shakopee. In fact, Judge Culnane rejected Carson's claim
against Menard's as well.
The judge determined that Carson did not sustain an injury to
either shoulder while in the employ of the City of Shakopee.
The judge also determined that Carson failed to carry his burden
of proving a permanent partial disability for wage loss related
to his activities while working either for the City of Shakopee
or Menard's.
Fortunately, Judge Culnane rejected the medical opinions of Dr.
Markman, Dr. Schloff, and Dr. Litman. Menard's hired Dr.
Schloff to perform an independent medical examination of Carson.
Dr. Markman was Carson's physician. I hired Dr. Litman to examine
Carson. The fact that the judge did not accept Dr. Litman's
opinion, or the opinions of the other two doctors, did not hurt
our case one bit.
Judge Culnane points out that there was considerable testimony at
the hearing by Carson's co-workers in the City of Shakopee. I
am of the opinion that the testimony of Patricia Pennington, Ray
Ruuska, John DeLacey, and you at the hearing was very
important in getting Judge Culnane to reject the opinions of Dr.
Markman and Dr. Schloff, both of whom tried to hang the blame on
the City of Shakopee. You should be glad to know that your
testimony had more weight than the opinions of all three medical
doctors combined.
The law provides that Carson has thirty days to appeal if he does
not agree with the decision. I have no idea whether an appeal
will be taken. However, I think there is a good chance that
Carson will appeal because an appeal is now his only chance of
getting anything out of this claim. If there is an appeal, I
will let you know.
If you have any questions or comments, please let me know.
Si• - - - -
, .
Thomas . Peterson
Attorney at Law
TMP:bmp/cars8
Enclosure
OFFICIAL PROCEEDINGS OF THE COMMUNITY DEVELOPMENT COMMISSION
SHAKOPEE, MINNESOTA
DECEMBER 14 , 1993
The meeting was called to order at 6 : 00 p.m. with the following
members present : VanHorn, Dirks, Miller and Albinson. Commissioners
Unseth, Brandmire and Phillips were absent . Barry Stock, Assistant
City Administrator was also present .
Miller/VanHorn moved to approve the minutes of the November 17,
1993 meeting as kept . Motion carried unanimously.
Discussion ensued on the Rehab Grant Program Guidelines . Mr. Stock
stated that the Shakopee HRA tabled action on the Rehab Grant
Program and recommended that it be discussed at a Committee of the
Whole meeting to be held later this evening.
Commissioner the
tem
to
the Wholeirks ted that she dueto the lengthtof theragendastabled
Committee ofat the last
HRA and City Council meeting.
Discussion ensued on the property North of 1st Avenue as it relates
to the Rehab Grant Program. Commissioner Dirks questioned weather
or not the CDC had officially recommended that Block 3 and 4 be
excluded from the Rehab Grant Program area. Mr. Stock stated that
the CDC had not officially gone on record with respect to changing
the Rehab Grant Program Guidelines . Commissioner VanHorn stated
that he did not want to have Block 3 and 4 excluded from the Rehab
Grant Program area if the City does not decide to take action with
respect to acquisition. Commissioner VanHorn suggested that Block
3 and 4 be excluded for a 12 month period. This would allow time
for the City and the HRA to evaluate possible acquisition options .
Miller/VanHorn ldignHo movedmnt om Guidelines
month
excluding Blocks 3 and 4from the project areafora 1
period. Motion carried unanimously.
Discussion ensued on the next step to take relative to official
action regard f g Bial lockrecomme dat on tos 3 and 4 . Mr. othestate
HRA r gardi gthat e BlnockC a3
nomade an o
and 4 .
Discussion ensued on the sensitivity to the existing property
owners and the possibility of discussing acquisition of these
properties in City Council Executive Session. Mr. Stock stated
that if the City and/or HRA decide to pursue acquisition of Blocks
3 and 4 it will be difficult to do so without the information
becoming public . If the City were to pursue an official mapping or
moratorium on the property in question a public hearing would have
to be held. The public hearing would obviously set forth the
rationale behind said moratorium and/or official mapping.
Dbility of
contractonr tosusecure purchased on the r agreementshaving
cert n property
contractor
within the City limits of Shakopee. Commissioner VanHorn stated
that someone would undoubtedly question which property we were
talking about within the City limits of Shakopee . Commissioner
Miller stated that he felt that the CDC should simply go one record
recommending that the City and/or HRA take the necessary steps to
acquire Blocks 3 and 4 . Commissioner VanHorn concurred but stated
that he would like to also see the City and/or HRA acquire other
properties in the downtown area and investigate relocating
structures from Blocks 3 and 4 to the vacant parcels in the
downtown area as suggested by Mr. Cross . Discussion ensued.
Commissioner Miller stated that he felt the CDC should make a more
straight forward recommendation in regard to Blocks 3 and 4 in
terms of simple acquisition and that the other concepts suggested
by Commissioner VanHorn could be expressed by the CDC at a later
date. Discussion ensued. Commission Dirks questioned when this
item would be presented to the HRA if a motion is made this
evening. Mr. Stock stated that staff could carry the
recommendation forward at the first HRA meeting in January.
Commissioner Dirks stated that she felt that it was important for
the Rehab Grant Program Guidelines to be adopted prior to Council
consideration of Blocks 3 and 4 . Commissioner Miller stated that
the Rehab Grant Program Guidelines could be placed first on the
agenda and that discussion of acquiring Blocks 3 and 4 could be a
separate agenda item to follow.
Chairman Albinson stated that there seemed to be several issues to
be discussed prior to a formal recommendation. He recommended that
the item be tableda ore of the CDCuil the uary memberstwould be pres. He ed tthat at
that time perhaps
Miller/VanHorn moved to table discussion on the redevelopment
options for Blocks 3 and 4 in downtown Shakopee until the January
meeting. Motion carried unanimously.
VanHorn/Miller moved to adjourn the meeting at 6 : 50 p.m. Motion
carried unanimously.
OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION
Special Session Shakopee, Minnesota December 2, 1993
MEMBERS PRESENT: Joos, Spurrier, Kelly, Madigan
MEMBERS ABSENT: Mars, Christensen, Zak
STAFF PRESENT: Lindberg Ekola, City Planner
Karen Marty, City Attorney
Lisa Anderson, Recording Secretary
Z. ROLL CALL
Chrmn. Joos called the meeting to order at 6: 07 p.m.
Roll call was taken as noted above.
II. APPROVAL OF AGENDA
The agenda was approved as presented.
III. PUBLIC HEARING CONTINUED: TO CONSIDER AMENDMENTS TO
CHAPTER 11, LAND USE REGULATION (ZONING) OF THE SHAKOPEE
CITY CODE.
Chrmn. Joos opened the public hearing to consider
amendments to the Shakopee City Code.
SIGN REGULATIONS:
The City Planner pointed out that the sign regulations
was last updated in 1988-89 . The City Attorney stated
that staff recommended deleting paragraphs 5 and 6 on
page 2 and 3 . These changes have been changed to the
Ideological and Non-Commercial Signs section. This
change is to avoid legal action provisions.
Comm. Zak arrived at 6: 14 p.m.
Comm. Spurrier stated a concern that some temporary signs
obstruct view of the right-of-way traffic. He would like
to see something specifically stated in the ordinance
dealing with temporary signs. The City Attorney
responded that signs are prohibited in the public right-
of-way other than signs put there by the government. She
also stated that staff is recommending that political
signs not be allowed in the public right-of-way anymore
than any other non-governmental sign.
Comm. Spurrier asked what class of signs real estate
signs are categorized under and if they are prohibited
also. The City Attorney stated that the real estate
signs are allowed in any residential zone but not on
public right-of-way. Comm. Madigan asked whether there
Minutes of the
Shakopee Planning Commission DecemberPage- 2
2, 1993
was a time frame on these signs. The City Attorney
responded that the signs have to be removed shortly after
the event has taken place, but they can go up any time
prior to the event.
Chrmn. Joos recognized anyone in the audience wishing to
comment on this matter. Jon Albinson, 5240 Valley
Industrial Boulevard, Shakopee, Minnesota, approached the
podium. He asked whether billboards was included in
Subd. 2-Al.
Comm. Mars arrived at 6: 19 p.m.
The City Attorney responded that the billboards that were
put up prior to the last ordinance are legal but anything
put up after that will have to be taken down. The City
Planner pointed out that paragraph 4 , on page 12 , allows
for area identifications signs to be placed at each
driveway into a public street. The City Attorney read
the definition for area identification signs. Mr.
Albinson suggested changing the wording "for each
driveway" to "for each street" . The City Attorney agreed
with that suggestion.
Bob Sweeney, 506 Holmes, Shakopee, Minnesota, approached
the podium. He clarified what Mr. Albinson was
suggesting.
It was the consensus from the Commission to change the
wording for paragraph 4 on page 12 to read "for each
entrance" instead of "for each driveway" .
Comm. Spurrier asked if there was a legal non-conforming
sign, how long could it stay there and what happens to
cause the removal. The City Attorney responded that
legal non-conforming signs can stay until it needs
structural changes.
Jon Albinson, 5240 Valley Industrial Boulevard, Shakopee,
Minnesota, approached the podium. He stated a concern
that on page 11, Subd. Dl, Wall Signs, the square footage
for which a sign is mounted is too small. Bob Sweeney
suggested adding a sentence that refers to multiple
tenant buildings and tie it into the space occupied by
the tenant of the building.
The City Attorney stated that these provisions do exist
in the B-1 zone on Page 6, paragraph Bi, however they do
not exist in the multi-tenant buildings and any other
zone because at the time the original ordinance was
drafted, this was not common. She clarified that the one
hundred square feet was limited per tenant in the B-1 and
B-2 zones. She suggested moving that language to the I-1
and I-2 zones.
MiPEW- 3
Mouths of the DecembP a 1993
Shakopee Planning Commission
Comm. Zak suggested that more information be gathered
regarding this. He suggested looking at what other
suburbs have done. He would like to see the signs all be
one standard size and be consistent throughout the
community. Chrmn. Joos agreed to having conformity of
all the signs.
Comm. Mars suggested adding another paragraph on multiple
tenants to offer some uniformity and one sign for each
business.
Jon Albinson stated that he agrees with staff to expand
the B-1 and B-2 zones into an I-1 and I-2 zone. The City
Planner pointed out that you need a larger sign for
larger buildings in order to look good. He suggested
maybe it should be changed to something like not to
exceed 30 or 50 square feet.
Chrmn. Joos asked the staff to come back with more
information regarding this matter.
Motion: Comm. Zak/Spurrier offered a motion to adopt
the sign ordinance as written with provisions to be added
later by staff on percentage of square footage and other
sign considerations.
Vote: Motion carried unanimously.
OVERLAY DISTRICTS:
The City Planner stated that there are four overlay
districts: Planned Unit Development Overlay, Mineral
Extraction Overlay, Shoreland Overlay, and Floodplain
Overlay. He gave a brief overview of the recommendations
from ZORC. The City Attorney pointed out staff's
recommendations. She stated that page 92 through 96 has
not been deleted but instead moved to the Administrative
Provisions. She stated that each of these districts
should say what they are and what they allow.
Bob Sweeney suggested that with respect to the PUD, some
wording should be added emphasizing the flexibility
available to staff in negotiating trade-offs within the
20 percent open space requirement. The City Planner
stated that it is important to distinguish between what
is park land and what is open space. He clarified that
open space is intended for residents of that PUD, and
park land is intended for the public as a whole. He
pointed out that park land and open space are not the
same.
- 4
Page Minutes of the I)eaembP a 1993
Shakopee Planning Commission
Comm. Spurrier asked for the definition of open space.
The City Attorney stated that that was not one of the
defined words, but would get that definition if that was
desirable.
Comm. Kelly pointed out that there is nothing in here
regarding traffic development. The City Planner
responded that requiring a traffic analysis would be a
good idea. Chrmn. Joos suggested that school district
boundaries also be incorporated in this section. Comm.
Spurrier stated that he feels the development portion
belongs in the subdivision regulations and not in this
section. Comm. Kelly would like to see it left optional
on the subdivision provision, but made mandatory in the
PUD process. The City Planner stated he agreed with
Comm. Spurrier's comment to keep the different provisions
separate.
Motion: Comm. Spurrier/Madigan move to advance this
language.
Vote: Motion carried unanimously.
MINERAL EXTRACTION DISTRICT:
The City Attorney pointed out that this is a new zone.
She stated that the intention is to allow mining only as
a rezoning as opposed to allowing it within the zoning
district. She gave a brief overview of the staff
recommendations. She pointed out that the title has been
changed from Mineral Extraction to Mining. She also
pointed out changes on pages 99 and 100. The City
Attorney suggested adoption of the staff recommendations
and she would have the rest of the changes at the next
meeting.
Chrmn. Joos suggested that on page 99 , item G, the words
"when adjoining residential areas" be added.
Comm. Spurrier suggested that a 2 foot contour interval
be added to the plan submittal requirements in this
section. He feels there should be a provision for a bond
to reclaim the property.
The City Attorney responded that as an overlay district
it is allowed to be put in place in any location of the
city.
Bob Sweeney pointed out that ZORC suggested this be
limited to the I-2 District.
Minutes of the Page- 5
Shakopee Pianninig Commission December 2, 1993
Chrmn. Joos pointed out that on page 98 Subd. 6A, this
was changed to five hundred feet and stated that he feels
if it is lowered, he would like to see it read, "land
owners" within five hundred feet. Comm. Spurrier stated
he would like to incorporate soil and geological concerns
into this also.
Comm. Zak asked for clarification of the difference
between spot zoning and an overlay district. The City
Planner and the City Attorney provided a brief
description of the difference between the two terms.
Chrmn. Joos recognized anyone from the audience wishing
to speak regarding this matter.
John Voss, Planning Consultant, 7300 West 147th Street,
Apple Valley, AVR, Inc. , approached the podium. He
stated that he feels having an overlay district is a good
idea because it incorporates the comprehensive planning
process into the mining approval process. Mr. Voss also
requested clarification of the word "mining" . The City
Attorney read the definition for mining and explained
what was meant by stock piling.
Mr. Voss also commented on Subd. 5-B regarding the 500
foot provision. He stated that it could be difficult to
get permission from an adjacent land owner to mine that
close and recommended that the 500 foot provision be
changed to 600 feet.
Mr. Voss also pointed out that the only place a ready mix
plant is allowed is by a conditional use permit and in an
I-2 , Heavy Industrial district. He stated that this may
cause some problems and advised that the Planning
Commission reconsider this proposal. Mr. Voss handed out
and read to the Planning Commission a proposal to add two
different provisions which is marked as "Exhibit A" .
Jon Albinson stated the intent of ZORC was to minimize
the number of mineral extraction areas we have in the
City of Shakopee. He also stated that he doesn't agree
with Mr. Voss's rationale.
Bob Sweeney explained why ZORC recommended mineral
extraction not having a conditional use in the
agricultural zone and why ZORC limited it to the I-2
Zone.
Comm. Mars asked for clarification of what was meant by
a screening barrier and how high they needed to be as
stated in Subd. 6 B. The City Attorney stated that the
Minutes of the Rage - 6
Shakopee Planning Commission December 2, 1993
height and width is not specified in the provision and
suggested that that be added.
Motion: Comm. Spurrier/Madigan offered a motion to
accept the sections that were reviewed, absent the
exceptions that are going to be reworked by Staff.
Comm. Mars clarified that this motion is accepted as an
overlay only in the I-2 District. It does not approve
any portable ready mix plant. Vote: Motion carried
five to one with Comm. Mars voting against.
IV. OTHER BUSINESS
Comm. Spurrier offered a motion to continue the public
hearing to December 16, 1993 , at 6: 00 p.m.
V. ADJOURNMENT
The meeting was adjourned at 8: 35 p.m.
SHAKOPEE 12-2-93
Mineral Extraction Overlay District
Proposal to add the following:
Subdivision 3 Conditional Uses
•
c) Portable concrete ready mix
6
Subdivision 7 Development Standards
i) Portable ready mix shall utilize aggregate mined on the
site, shall only exist as an interim use while aggregate
is available and shall be discontinued thereafter or when
the overlay district is removed, whichever shall occur first.
j) Portable ready mix shall only be permitted where the operation
has direct access to a County Road or State Highway and shall
not take direct access to a local street.
k) Portable ready mix shall be located a minimum distance of 600 ft.
from the nearest residence and shall be completely screened from
public view except for an enclosed tower.
I) Portable ready mix shall be accessory to the mineral extraction
on the site and shall be limited to a maximum of ten (10) ready
mix trucks and any other C.U.P. conditions which the City may
establish to protect the health, safety and welfare on adjacent
properties.
Reasons for Request:
1 . Haulinq
Aggregate material can be processed on site rather than transported
to an Industrial District.
2. Trip Reduction
30 ready mix loads would require 20 loads of aggregate material from
mining site to processing site.
3. Noise and Screening
There is an ability to recess the ready mix area on a mining site and
reduce noise and provide a visual screen.
4. More Rapid Use of Deposits
Ready mix on a mining site (interim use) may accelerate the mining
process because of demand for aggregate.
5. Interim Use
Ready mix would exist as a temporary/interim use only during the
life of mineral extraction and overlay zoning. It would be removed
and not interfere with ultimate/end use.
6. City Control
City controls ready mix use by overlay zoning, which is temporary,
and by C.U.P. process and any conditions attached thereto.
7. Respond to Growth
This interim C.U.P. process makes ready mix available to a rapid
growth area during the term of rapid growth and is removed thereafter.
TENTATIVE AGENDA
ADJ.REG.SESSION SHAKOPEE, MINNESOTA DECEMBER 21, 1993
LOCATION: City Hall, 129 Holmes Street South
Mayor Gary Laurent presiding
1] Roll Call at 7: 00 P.M.
2] Open Hearing on 1993/1994 Tax Levy and 1994 Budget
3] Comments
4] Resolution No. 3921, Setting 1993 Tax Levy, Collectible in
1994
5] Resolution No. 3913 , Adopting the 1994 Budget
6] Close Hearing
7] Adjourn to Tuesday, December 21, 1993 at 7 : 05 P.M.
Dennis R. Kraft
City Administrator
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF SHAKOPEE, MINNESOTA
Special Meeting December 21, 1993
Chairman Beard presiding
1 . Roll Call at 7 : 00 P.M.
2 . Accept Special Call
3 . Canterbury Downs Letter of Credit
4 . Downtown Rehab Grant Program
5 . Other Business
6 . Adjourn
Dennis R. Kraft
Executive Director
Shakopee HRA
TO: Dennis R. Kraft, City Administrator
FROM: Gregg Voxland, Finance Director
RE: Hearing For The Adoption Of The 1994 Tax Levy And Budget Resolutions
DATE: December 17, 1993
Introduction and Background
The state requires that the tax levy and the budget be adopted at a hearing
subsequent to the public hearing on the tax levy and budget which was held December
8th. The Department of Revenue has indicated that it feels that the hearing should
be a separate meeting from the regular council meeting. Staff therefore recommends
that Council hold a hearing before the regular business meeting on the 21st.
Resolution Number 3921 finally adopts the tax levy for payable 1994.
Resolution Number 3913 adopts the 1994 Budget. The budget must be adopted after
the tax levy.
Action
Open the hearing and call for comments
Offer Resolution Number 3921, A Resolution Setting the 1993 Tax Levy,
Collectable In 1994, and move its adoption.
Offer Resolution Number 3913, A Resolution Adopting the 1994 Budget, and move
its adoption.
Close the hearing.
RESOLUTION NO. 3913
A RESOLUTION ADOPTING THE 1994 BUDGET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA that the 1994 Budget with the estimated revenues and
appropriations for the General Fund and the Special Revenue Funds as shown below
is hereby adopted.
Estimated Revenue Expenditures
& Other Sources & Other Uses
General Fund - (Personnel, Supplies &
Capital Outlays)
Mayor and Council $ 69,140
Administration 185,140
City Clerk 116,490
Finance 278,020
Legal 151,000
Community Development 405,840
Government Buildings 114,460
Police 1,332,050
Fire 865,310
Inspection 161,750
Engineering 346,590
Street 582,720
Shop 103,120
Fool 150,300
Park 289,940
Recreation 200,010
Garbage 513,550
Unallocated 177,000
Total General Fund $6,197,746 $6,042,430
Transit 360,860 360,860
Capital Equipment 208,000 689,000
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of , 1993.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form
City Attorney
RESOLUTION NO. 3921
A RESOLUTION SETTING 1993 TAX LEVY, OOTTF,cl'IBLE IN 1994
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPE , COUNTY OF SCOTT,
MINNESOTA, that the following sums of money be levied as the tax levy in
accordance with existing law for the current year, collectible in 1994, upon the
taxable property in the City of Shakopee, for the following purposes:
GENERAL FUND LEVY $2,805,925.
BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to transmit
a certified copy to this resolution to the County Auditor of Scott County,
Minnesota.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of , 1993.
Mayor of the City of Shakopee
ATTEST: Approved as to form
City Clerk City Attorney
COMC IL - 15a) Co,Vsf niT
MEMO TO: Dennis R. Kraft, Executive Director HRA
FROM: Barry A. Stock, Assistant City Administrator
RE: Canterbury Downs Letter of Credit
DATE : December 14 , 1993
INTRODUCTION:
On December 7, 1993 , the Shakopee HRA discussed the status of
the Canterbury Downs letter of credit in relation to the proposed
acquisition. Jacobs Realty, Inc. is requesting that the
appropriate HRA and City of Shakopee officials to execute a
memorandum of understanding in regard to the letter of credit .
BACKGROUND:
On December 7, 1993 the Shakopee HRA members conceptually
agreed to substitute the letter of credit on file with New
Canterbury Downs and replace it with a new letter of credit from
Jacobs Realty, Inc. providing that all necessary and applicable
conditions are met in a form acceptable to the City and HRA.
On December 8, 1993 staff received a correspondence from
Jacobs Realty, Inc . (See Attachment) The correspondence serves as
a memorandum of understanding between the City of Shakopee, the
Housing and Redevelopment Authority (HRA) and Jacobs Realty, Inc .
regarding the status of the letter of credit should a property
transaction occur by and between New Canterbury Downs and Jacobs
Realty, Inc. The memorandum basically specifies that the City and
the HRA agree to release New Canterbury Downs, Inc . from the letter
of credit providing that Jacobs Realty, Inc . substitutes a new
letter of credit that will satisfy all the requirements of Section
2 . 02 of the original payment and assurity agreement .
The City Attorney has reviewed the memorandum and believes
that it does nothing more than conceptually agree to release New
Canterbury Downs from their letter of credit commitment in exchange
for a new letter of credit from Jacobs Realty, Inc . in a form
acceptable to the City.
ALTERNATIVES :
1 . Authorize the appropriate HRA/City officials to execute the
memorandum of understanding by and between Jacobs Realty, Inc .
and the Shakopee Housing and Redevelopment Authority.
2 . Do not authorize the appropriate HRA/City officials to execute
the memorandum of understanding.
3 . Table action pending further information from staff .
ACTION REQUESTED:
N R i9 1 . Move to authorize the appropriate HRA officials to execute the
memorandum of understanding by and between Jacobs Realty, Inc .
and the Shakopee Housing and Redevelopment Authority for the
City of Shakopee dated December 8, 1993 .
COUN'C/L 2 . Move to authorize the appropriate City officials to execute
the memorandum of understanding by and between Jacobs Realty,
Inc . and the City of Shakopee dated December 8, 1993 .
BAS/tiv
JACOBS REALTY, INC.
100 South Fifth Street
Suite 2500
Minneapolis, MN 55402
December 16, 1993
City of Shakopee
129 First Avenue East
Shakopee, MN 55379
The Housing and Redevelopment
Authority in and for the City of Shakopee
129 First Avenue East
Shakopee, MN 55379
Re: Canterbury Downs
Ladies and Gentlemen:
Jacobs Realty, Inc. ("Jacobs") has a contract to acquire the Canterbury
Downs Racetrack from its present owners, New Canterbury Downs, a Minnesota
general partnership ("Sellers"). We are aware of the terms and conditions of the
Second Amended Contract for Private Development between the City of Shakopee,
Minnesota ("City"), the Housing and Redevelopment Authority in and for the City
of Shakopee, Minnesota ("Authority") and Minnesota Racetrack, Inc. dated
November 20, 1984, as amended by First Addendum to Second Amended Contract
for Private Development dated March 5, 1985 and by Quit Claim Deed dated March
8, 1985 ("Development Agreement"). We are also aware of the Assessment
Agreement between the Authority and Minnesota Racetrack, Inc. dated October 29,
1984, as amended by Amendment to Assessment Agreement dated May 14, 1992 and
Second Amendment to Assessment Agreement dated October 14, 1992 ("Assessment
Agreement"). We are also aware of the Payment Assurance and Security Agreement
dated October 13, 1992 between the Authority and Ladbroke Racing Canterbury, Inc.
("Payment Agreement").
Our contract with the Sellers requires that we provide assurances that
the Sellers will have no exposure, after closing under the Assessment Agreement
and Payment Agreement. In order to so assure the Sellers and in accordance with
the terms of those documents, Jacobs proposes, at closing, to assume the obligations
under the Assessment Agreement, and the Payment Agreement. Please take this
letter as our written undertaking that, subject to closing on the purchase, Jacobs
Realty, Inc. will assume the obligations set forth in the Assessment Agreement and
the Payment Agreement from and after closing. At or shortly after the closing,
City of Shakopee
The Housing and Redevelopment Authority
in and for the City of Shakopee
December 16, 1993
Page 2
Jacobs will deliver to the Authority an Irrevocable Standby Letter of Credit which
will satisfy the requirements of Section 2.02 of the Payment Agreement.
When closing occurs and Jacobs delivers the Letter of Credit in a
form acceptable to the Authority, we ask that you release Ladbroke Racing
Canterbury, Inc., New Canterbury Downs, and its partners, Ladbroke Racing
Minnesota, Inc. and Racing Corporation of Minnesota, now known by mergers as
Hartman & Tiner, Inc., from all liability after the closing with respect to the
Assessment Agreement, Development Agreement and Payment Agreement and
further cancel and release to them the Letter of Credit previously issued and
outstanding under the Payment Agreement.
Very truly yours,
JAC 0,BS REALTY, INC.
By
Its Via ' €
The undersigned hereby agree in connection with the sale of
Canterbury Downs, and subject to closing thereof, to accept from the new owner,
Jacobs Realty, Inc., the assumption of obligations after the closing under the
Assessment Agreement and Payment Agreement above referred to, and upon
receipt of a new letter of credit, in a form acceptable to the Authority, we will release
Minnesota Racetrack, Inc., Ladbroke Racing Canterbury, Inc., New Canterbury
Downs, Ladbroke Racing, Inc. and Racing Corporation of Minnesota, now known by
mergers as Hartman & Tiner, Inc., from all future liability under and or pursuant to
the Development Agreement, Assessment Agreement or Payment Agreement and
will return their letter of credit held by us in connection with such agreements.
Dated: CITY OF SHAKOPEE
By
Its
City of Shakopee
The Housing and Redevelopment Authority
in and for the City of Shakopee
December 16, 1993
Page 3
THE HOUSING AND
REDEVELOPMENT AUTHORITY IN
AND FOR THE CITY OF SHAKOPEE
By
Its
City of Shakopee
The Housing and Redevelopment Authority
in and for the City of Shakopee
December 8, 1993
Page 2
further cancel and release to them the Letter of Credit previously issued and
outstanding under the Payment Agreement.
Very truly yours,
JACOBS REALTY, INC.
By
Its
The undersigned hereby agree in connection with the sale of
Canterbury Downs, and subject to closing thereof, to accept from the new owner,
Jacobs Realty, Inc., the assumption of obligations after the closing under the
Assessment Agreement and Payment Agreement above referred to, and upon
receipt of a new letter of credit, in a form acceptable to the Authority, we will release
Minnesota Racetrack, Inc., Ladbroke Racing Canterbury, Inc., New Canterbury
Downs, Ladbroke Racing, Inc. and Racing Corporation of Minnesota, now known by
mergers as Hartman & Tiner, Inc., from all future liability under and or pursuant to
the Development Agreement, Assessment Agreement or Payment Agreement and
will return their letter of credit held by us in connection with such agreements.
Dated: CITY OF SHAKOPEE
•
By
Its
THE HOUSING AND
REDEVELOPMENT AUTHORITY IN
AND FOR THE CITY OF SHAKOPEE
By
Its
* i
MEMO TO: Shakopee Housing and Redevelopment Authority
FROM: Barry A. Stock, Assistant City Administrator
RE: Rehab Grant Program Guideline Amendments
DATE: December 16, 1993
INTRODUCTION:
The Community Development Commission (CDC) has completed their
review of the Rehab Grant Program Guidelines . They are
recommending a variety of amendments to the program. On December
15, 1993 the CDC met and is recommending that the program project
area be amended excluding blocks 3 & 4 for a 12 month period.
BACKGROUND:
On May 4 , 1993 the Shakopee HRA approved a 180 day moratorium on
the Rehab Grant Program. The purpose of the moratorium was to
allow the CDC time to review and recommend revisions to the program
guidelines . During the review period the CDC worked closely with
Mr. Steve Cross, Architect to complete drawings illustrating
potential facade improvements for a variety of block faces in the
downtown area.
Shown in attachment #1 is a copy of the Downtown Rehab Grant
Program Guidelines. Language that is being proposed for deletion
has a solid line through it . New language proposed by the CDC for
adoption is underlined. Following is a brief summary of several
provisions proposed for deletion by the CDC:
1 . Deletion of the provision requiring evidence of financing.
2 . Deletion of the repayment provision.
3 . Deletion of the provision requiring grant applicants to post
a bond or letter of credit .
4 . Deletion of program language specifying a grant funding cycle.
5 . Deletion of the review and ranking criteria.
The majority of the provisions proposed for deletion by the CDC are
difficult to enforce and somewhat onerous in terms of the burden on
both staff and the property owner. Deletion of the aforementioned
provisions will stream line the grant process while maintaining the
original program objective (to stimulate improvements in the
downtown area that are consistent with the overall Downtown
Redevelopment Plan) .
Following is a brief summary of several of the major additions that
the CDC would like to be included in the Rehab Grant Program
Guidelines :
1 . Replacement of the former City exterior building and design
standards (Attachment #2) with new exterior building and
design standards modeled after the City of Hastings .
(Attachment #3)
2 . The addition of a provision requiring that professionally
completed architectural elevation drawings to scale be
submitted with each application prior to formal review.
3 . The establishment of two levels of funding. Grant amounts
between $1, 000 and $9, 999 equating to 25% grant money
($4, 000 . 00 - $40, 000 . 00 project size) and grant amounts
between $13 , 333 . 00 and $25, 000 equating to 33% grant funding
($40, 000 . 00 - $75, 000 . 00 grant awards) .
4 . Exclusion of blocks 3 & 4 from project area.
Several of the other downtown redevelopment concepts suggested by
Mr.. Cross are being incorporated into an overall Downtown
Redevelopment Plan that is being drafted by the Community
Development Commission. Staff is optimistic that these concepts
will be submitted to the City Council and HRA for consideration
early in 1994 .
Note that the 1994 HRA Budget does include $25, 000 to fund this
program in 1994 .
ALTERNATIVES:
1 . Move to approve the Rehab Grant Program Guideline amendments
as submitted by the Community Development Commission.
2 . Table action pending further information from staff.
3 . Decide on those amendments that the HRA wishes to adopt and
those which the HRA wishes to maintain the status quo and
recommend approval accordingly.
STAFF RECOMMENDATION:
Staff recommends alternative #1 .
ACTION REOUESTED:
Move to approve the Rehab Grant Program Guideline amendments as
submitted by the Community Development Commission.
Rehabilitation Grant Program
Program Guidelines
Program Intent
The Rehabilitation Grant Program created by the City of Shakopee
and Housing and Redevelopment Authority (HRA) for the Downtown
Business District is intended to encourage the preservation and
beautification of our downtown buildings by enhancing their
original character in order to create a more attractive, inviting
downtown shopping environment .
The HRA shall annually consider allocations will initially
dcdictcd $50, 000 from the HRA reserve fund to match private
building owner or merchant financing at a ratio of 25% grant money
to 75% owner or merchant financing in grant amounts ranging from
$500 . 00 $1, 000 . 00 to $25, 000 . 00 $9 , 999 . 00 and 33% grant money to
67% owner or merchant financing in grant amounts ranging from
$13 , 333 . 00 to $25, 000 . 00 . The grants will be awarded to approved
applicants by the HRA based on a review and recommendation from the
Community Development Commission. an prc c3tabli3hcd ranking and
Scoring 3yctcm. = ' - - -
A. Eligible Applicants
Any owner or tenant manager (with written consent of the owner) of
a downtown commercial building. Shown in exhibit A is a map of the
Downtown Central Business District . (B-3 zoning district)
B. Eligible Projects
1 . Grants will be awarded under the Program for the
rehabilitation of commercial buildings. A commercial building
shall be any building the primary ground floor function of
which is retail, service or office use.
2 . To be eligible, the building to be rehabilitated :
a. Must be located within the B-3 zoning district and South
of First Aveune;
b. Must comply, after rehabilitation with the City' s
Comprehensive Plan.
c. Must comply, after rehabilitation with the City' s
exterior building and sign design standards. (Exhibit B)
C. Eligible Expenditures and Improvements
i . Rehabilitation grants shall not include expenditures for the
acquisition, installation or repair of furnishings or trade
fixtures.
2 . Eligible improvements shall be limited to the following
improvements :
A. Awnings
B. Canopies
C. Exterior Painting
D. Signage
E. Parapet Type Lighting
F. Windows when tied to opening previously covered windows
or new windows that improve the energy efficiency and
architecturally enhance the appearance of the building
consistent with the theme of the restoration project .
G. Enhancement of historical building features (Cornice
work, tuck pointing, brick work)
include only thocc relating to thc exterior portion of a
All work done must
meet City Code .
3 . Grant proceeds shall be used for the rehabilitation - of
existing buildings and shall not be used for the construction
of new facilities. However, construction of - reasonable
additions to existing buildings which, together with other
rehabilitation improvements, will enhance the commercial use
of the building shall constitute qualifying rehabilitation
expenses .
4 . The rehabilitation of residential units shall not be allowed
under the program.
5 . Refinancing of existing debt shall not be allowed under the
program.
6 . Construction materials, labor (but not owner, applicant or
employee labor) architect or engineer fees, building permit
and program application fees are eligible program expenses .
7 . Grants shall not be made for the acquisition of property.
D. Grant Requirements and Restrictions
1 . The grant minimum amount shall be $500 . 00. $1, 000 . 00 and the
maximum grant amount shall not exceed $25, 000 . 00 .
2 . Thc grant applicant must providc cvidcncc of financing 75% of
thc eligible projcct ccst .
4 2 A completed application shall be submitted to the City prior
to the grant d adlina review. (The application form is
attached as exhibit C. )
4 . Thc applicant must retain ownership or operation of the
building for five yc rc from the date of funds disbursed. If
2
from the date of grantdioburacmcnt, the owner would bc--
and 3pccificatione 3kall be oubmitted with thc grant
application. Completed Professional done Architectural
elevation drawings to scale shall be submitted by the
e r(if
rcquc3tcd by thc City) maybe required of thc applicantp c
to City review.
4 4 If an application is approved, the City will notify the
applicant so he/she can arrange for loan closing (if
applicable) with a financial institution. A copy of closing
documents shall be provided to the City.
4 5 . If an application is denied, the City shall state reasons for
denial in writing. If fund3- arc available in thc funding
cycle, the applicant may resubmit the application with
changes .
6 . No more than one grant per year may be awarded per parcel . to
$ 7 . Grant proceeds will be disbursed to approved applicants when
the following has occurred:
a. The work has been inspected and approved by the local
building official .
b. When the applicant has submitted rcccipt3 lien waivers
verifying that said applicant has paid 75% 100% of the
project costs .
pay3 the contractor, °architect or engineer directly for
the remaining co3to .
3 8 . The building improvements must be consistent with the Downtown
Building Design Standards .
e .
_ -- _ - _- - with the City until
allocation. Said bond will remainon file
i3 repaid to thc City or until the five year commitmc}t peried
•
5
bbe o-re March lot . The Review Team ohall mcct on or before the
funding. The Shakopee Dousing and Redevelopment Authority
ohall meet in April to approvc and announce the 3uccc3oful
grant applicants . If all dedi atcd grant proceeds arc not
allocated, a second funding cycle may be announced.
12 9 .Successful grant applicants must complete their project within
12 months of formal notification of grant award. Projects
exceeding the 12 month completion period will forfeit the
City' s grant commitment unless an extension is submitted in
writing and approved by the HRA.
1310 .Successful grant applications must enter into a grant
agreement with the HRA.
11 Grants may be submitted at any time . All grant applications
will be reviewed by the CDC and the Shakopee HRA for approval
or denial .
12 . Proiect cost over-runs in excess of the approved grant amount
shall be the responsibility of the applicant .
P. Crant Rcvicw Criteria and Ranking
1 . Ability of project to improve the exterior facade of the
structure while maintaining the historical integrity and
character of the building. (Maximum 15 25 points)
2 . Plana for securing 7E°s required applicant match. (Maximum 15
points)
3 2 . Rca3onablcnc33 of the budget for the proposed project .
(Maximum 15 points)
1 . Demonstrated long term commitment to the project . (Maximum
10 points)
5 3 . Consistency of the project with the goals and objectives act
forth in the Downtown Revitalization Plan and Comprehensive
Plan. (Maximum 15 25 points)
C 4 . Completenc3o of the application. (Maximum 5 10 points)
7 5 . Appropriateness of the proposed improvements in relation to
the Downtown Building Design and Sign Standards . (Maximum 15
25 points)
8 . Dcmonatratcd experience and ability of the applicant to
3uccc33fu1ly complete the proposed project . (Maximum 10
points)
Total potential points arc 100 . To receive a recommcndatior_ for
funding a ocore of 75 8C must be received through the proccc: as
funding .
- _
orc member- f=thethc Downtown Committee, one member of the Cocr.munity
. - . -y =:-
... - =
application_ to the Review Team.
The Review Team Community Development Commission will rank review
the proposals and make recommendations regarding funding to the
Shakopee Housing and Redevelopment Authority after staff has
reviewed the application to ensure that all grant application
criteria are met . The review process will take approximately wee
wcckz 30 days . All applicants will be notified in writing of their
ranking ant status following final action of the Housing and
Redevelopment Authority.
CITY OF SHAKOPEE, MINNESOTA DATE
REHAB GRANT APPLICATION FEE (1% of grant amort)
GENERAL INFORMATION
1 . Applicant
(Name) (Address) (Phone #)
2 . Property Owner
(Name) (Address) (Phone #)
3 . Site
(Business Name) (Address)
PROJECT DESCRIPTION
1 . The rehabilitation will include (Check as many as apply) :
Cleaning of building
Painting of building
Work on the facade, such as mortar repair, restoration or
replacement of architectural features, etc .
Facade work will include :
Front facade Rear facade Both
Work on the entryway, to include :
Front Entry Rear entry Both
Work on display windows and/or window display areas .
Windows - when tied to opening previously covered windows .
Signage changc3
Awnings installation or renovation
Awnings will be : Retractable Stationary
Reinforcement of structural stability of roof, walls, floors,
or ceiling. Please Explain:
Parapet Type Lighting
Other, Please describe :
2 . Please indicate the contractor (s) who will be doing the work:
Please attach: Copy of specifications, plans e and architectural
drawings for the work, including cost quotes for
materials, labor, architectural fees, building
permits, etc .
FINANCIAL INFORMATION
1 . Estimated project cost : $
• • z • --- -- - , - - - . - - - - - -- ,
walla, floor, ctc. : $
2 . Grant amount applying for: $
(25%133% of total project cost)
3 . How will the balance of the project cost be paid?
Loan My own money
Plcaoc attach: Copy of lcttcr from lcndcr committing to loan,
ratc. If an applicant i3 not pur3uing a loan for
75% 3harc . Appropriatc documcntation may includc
f
I hereby affirm all information above is true andhcorrect t of Shakopeeo e best
ofhmy
y
knowledge . I have read and agree to abide by City
Grant Program Guidelines and the Program' s Design Guidelines .
Date
Signature
7
Please have the following statements completed as appropriate .
BUILDING OFFICIAL REVIEW
I� , City Building Official, have
inspected the property mentioned in this application and have found it to be
structurally sound. I have reviewed this application and believe that the
building' s structural stability warrant the investment proposed in this
application.
Signature Date
BUILDING OWNER CONSENT (If owner is not applicant)
I, , Owner of the property mentioned in
this application, have reviewed the proposed project with the Applicant and
consent to have the work done as proposed.
Signature Date
City Council Adopted 9/1/S
ATTACHMENT fZ
DOWSTA
NTOWN DESIGN NDARDS (B-3 District)
A. General Standards
1 . Original building elements and materials
should be repaired as necessary and retained,
rather than being removed or covered. In the newh
e
event replacement is necessary,
material should match the material being
replaced in composition, design, . color,
texture and other visual qualities.
2 . The removal or alteration of building
elements or architectural details should be
minimized.
3 . Rehabilitation work should correct any code
violations on the facade. In addition, if
existing non-facade code violations can be
corrected only with increased difficulty and
expense because of the facade work, then the
necessary improvements should be included as
part of the exterior rehabilitation project.
4. Rehabilitation should be encouraged which
maintains an appearance consistent with the
actual character of the building and that
exhibits quality of design, materials , and
features.
5 . Alterations to the original facade -- where
desirable -- should be done in a manner such
that, if the alteration were removed in the -
future, the essential form and integrity of
the original building would not be impaired.
6 . . Buildings which are part of a seriesoe
r
group of similar buildings .` M
demonstrate continuity of design.
l and other existingfeatures
i . Signs , materials
Which do not meet these design standards
should be removed.
8 . Contemporary design for facade renovation may
bacceptable if such design is compatible
the size, scale, color , materials and
with • t s
character of the building and its
imitation of historic
surroundings . Theactual
character of a
styles not compatible with the building is strongly
Discouraged.
B. Building Elements ( storefronts, windows , doors and openings ,
upper facade and windows, cornices and building caps, sides
and rears . )
1 . The size and shape of original doors and
windows should not be altered. Recessed
window glazing and door wells should be
maintained.
2 . Clear distinctions between first floors and
upper floors should be maintained.
3 . Cornices, parapets and related elements which
make up the top of the facade should be
repaired as necessary and retained.
4 . Where energy conservation in buildings with
large window areas is a concern, preferred
solutions are insulating glass, internal
shutters, and solid opaque panels mounted
inside the windows. If the complete closing
of a glazed bay is reasonable, the use of a
•
deeply recessed panel which maintains the bay
outlines is the desirable solution.
5 . The horizontal and vertical alignments of
window frames and the patterns created by
upper. story windows should be maintained.
6 . Sides and rears of buildings which have
prominent views from public streets should be
rehabilitated at the time that the front
facade is improved.
7 . Previously boarded or bricked up windows and
doors should be re-ported whenever possible .
C. Rehabilitation Elements (repairs, materials, painting)
1 . Repair and cleaning of existing surfaces and
materials-- particularly those characterized
by fine detail-- is strongly preferred to
adding new surfaces and obscuring original
materials and surfaces.
2 . The sides and rears of buildings should
incorporate-- where _possible-- the same
primary materials and similar colors and
details used on the front facade.
3 . _rick surfaces should be cleaned by the most
centle method possible (e .g. cleaning with a
detergent; sandblasting should not be
undertaken) . Painting previously unpainted
brick surfaces is strongly discouraged .
Z
• •
•
4 . Materials which are normally painted, or
where paint has been applied in the past,
should primarily utilize "earth tones" ( i .e.
browns and beiges, golds, green-browns , grey-
greens) , used to highlight trim and other
accent features.
5 . In cases in which facades have been wholly or
partially resurfaced with wood, glass veneer,
stucco, or other materials, strong
encouragement is given to removing these
materials and repairing the original surface.
D. illa.16.11112._Lp21.1 .22f_§. (signs, canopies, and awnings,
mechanical equipment)
1. Signs should be subordinate to buildings, in
terms of size and design. Signs should fit
.within the existing facade. Preferred
locations are the "sign panel" (first floor
area above windows and doors) , on windows, .
and on the edge of canopies.
2 . Signs should identify the business only,
father than any particular product or band.
3 . TV antennas, air conditioners, stacks, vents,
solar panels , and other mechanical equipment
should be placed in as inconspicuous a
location as possible.
4 . Where heavy clusters of mechanical, heating
and/or air conditioning equipment must be
placed on the roof , attractive screening
should be used.
5 . Unused appurtenances and miscellaneous
elements (e .g. empty electrical conduits and
unused sign brackets ) should be removed.
6 . The use of awnings to unify groups of
buildinas is encouraged. This should be
accomplished through the use of uniform
materials, height and width.
7 . Fabric canopies and awnings which conform
with the design guidelines and standards are
acceotable. Permanent metal awninas ,
mansard-shaped awnings and canopies , and flat
canopies should be avoided.
8 . Signs , canopies and awnings , and mechanical
equipment should not obscure building
features .
RESOLUTION NO. 2784
A RESOLUTION ADOPTING DOWNTOWN DESIGN STANDARDS
FOR REHABILITATION OF EXISTING BUILDINGS IN THE
DOWNTOWN AREA WITH THE HELP OF INCENTIVE PROGRAMS
WHEREAS, it is the intent of the Shakopee City Council to
offer incentive programs to property owners in the downtown area
(3-3 ) to encourage the improvement or renovation of building
exteriors; and
WHEREAS, the Downtown Committee has developed a set of
design standards that will promote a respect for original quality
of building design, protection of property values of adjacent
buildings, and improvement of Shakopee ' s downtown image and
potential physical attractiveness; and
WHEREAS, in adopting a set of design standards, it is with
the understanding that the application of the standards should be
flexible, realizing that a standard which does not reasonably
address or "fit" a particular building style should not be
considered binding.
NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA - that the Downtown Design Standards ,
outlined in Attachment =1, attached hereto and made a part
hereof, are hereby adopted with the explicit purpose of
incorporating them into all of the City incentive programs that
may be used for the rehabilitation of buildings in the downtown
area.
Adopted in regular session of the City Council of the Citi-
of Shakopee, Minnesota, held this 1st day of September, 1987 .
Mayo= of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of , 1987 .
City Attorney
ATTACHMENT #3
HOUSING AND REDEVELOPMENT AUTHORITY
CITY OF SHAKOPEE
DESIGN GUIDELINES FOR THE DOWNTOWN REDEVELOPMENT AREA
I. BASIC PRINCIPLES
The purpose of design guidelines for the downtown area is to protect and enhance the historic
character of that neighborhood.
The basic principle, in respect to existing buildings, is to preserve and enhance their original
design, material and architectural detail, specifically the exterior, and if practicable, the interior.
The basic principle, in respect to new or infill construction, is to preserve the unity of scale,
material, set-back, roof-line and proportion of window/door space to wall space as shown in the
original buildings of the Historic District.
II. APPLICATION OF THE GUIDELINES
A. The guidelines apply to all buildings within the B-3 Zoning District utilizing the
Rehab Grant Program.
B. The guidelines apply to rehabilitation,remodeling, addition or demolition, changes
of exterior appearance, and new or infill construction when the land, the building,
or the work receives financial assistant through the Housing and Redevelopment
Authority.
C. These guidelines are not hard and fast regulations. They are flexible criteria.
They assure property owners that design review will be based on clear, public and
uniform standards. Consideration will be given to the amount and quality of
original material and design remaining in the building. Consideration will also be
given to clear cases of economic hardship or to deprivation of reasonable use of
the owner's property.
III. THE GUIDELINES
A. The Preservation and Rehabilitation of Structures and Material.
1. The original features of a building should not be destroyed.
The removal, alteration or covering up of original material or design shall
be avoided.
1
a. The original material and design can be determined by physical
inspection, old photographs, consultation with prior owners and
building records. See the Housing and Redevelopment Authority
for assistance.
b. In some cases alterations have been made with materials or designs
which have become irreplaceable or representative of a unique
architectural style or period. Such alterations shall be respected.
c. Alterations which have totally removed the original material, but
not done with irreplaceable materials or representative of a unique
style, may be removed, replaced or covered.
2. Deteriorated features should be repaired rather than replaced.
Repairs should maintain the design,texture, material and other appearances
of the original.
3. Alterations which conceal the original design and materials, or which
are not appropriate for the age of the building, should be removed.
Siding, signs, canopies, filler panels, framing, etc. of cedar plank or
shakes, unpainted aluminum or metal, stucco, concrete block, ceramic tile,
plastic, fiberglass and glass block are examples of inappropriate materials
on older buildings.
4. Missing materials or features should be replaced if possible.
Replacement should be based on evidence from historic, physical or
pictorial sources. Only if evidence for the specific building is not
available, may replacement be based on similar buildings of the same age.
The replacement material or feature should duplicate the design, material,
texture and appearance of the original to the extent possible.
5. Clean original materials as gently as possible.
Sandblasting shall not be used, with the possible exception of on metal.
Masonry should be cleaned with low pressure water (under 300 psi) and
soft bristle brushes. Heat guns or Strep-Eze should be used on painted
wood. Chemical cleaners should be tested on a small patch to determine
their effect. Test patches should include areas where deterioration or
patching is evident. Hydrozo, Diedrich and Tamms products are
recommended by the HRA.
6. Mortar should be repaired only when there is evidence of water
standing in joints or a significant amount of mortar is missing.
Replacement mortar should match the color, texture, coefficients of
expansion and contraction, and ingredient ratio of the original mortar.
2
Portland cement shall not be used for reappointing. Pneumatic hammers
should not be used to remove mortar. Original joint size, method of
application and profile shall be duplicated.
7. The original or early color and texture of masonry surfaces should be
retained.
a. Unpainted masonry should not be painted. It should be sealed with
a water proofing which breathes such as Hydrozo or Thoro-Seal.
b. Masonry surfaces may have been painted for maintenance or
appearance. Paint should not be removed if the building was
originally painted, or if the removal will damage the surface.
c. Most paint traps moisture inside soft bricks. Special masonry
paints should be used.
d. Cement based paint or tinted slurry may be used to protect
deteriorated masonry.
e. The roofing, parapet, cornice, coping, scuppers and gutters should
always be inspected, cleaned and repaired before painting or other
masonry work.
8. Original window and door openings should be retained.
a. New windows and doors should not be opened in original
materials, particularly on the major or visible sides of the building.
b. Original windows and door openings should not be expanded,
reduced or infilled. If a window must be closed, a shutter which
can be removed is recommended.
c. Original windows and doors should be retained. If the original is
gone, or must be replaced, the replacement should closely match
original pane, size, mullions, sash and frames. Replacement should
completely fill the original opening. Double and triple pane
windows are recommended for energy conservation. Wood or
painted metal are acceptable materials; unpainted metal is not.
B. For Design of Restoration or Remodeling
1. In general, it is expected that buildings will be restored to their
original or early appearance.
3
a. All building should be recognized as products of their own time.
Remodeling should not borrow designs, materials or colors from
other eras.
b. When complete restoration to original appearance is not possible,
or extensive replacement is not necessary, remodeling for
compatibility with the character of downtown should be considered.
Removal of flat canopies, window infill or siding, painting bare
metal, repainting building to reunify appearance, new signs and
new awnings are suggested.
2. In general, it is expected that restoration or remodeling will contribute
to the visual unity of the building, neighboring buildings, and the
neighborhood.
a. Restoration or remodeling should not exclude or isolate portions of
the building. The entire front, sides and back should be considered
as a whole design.
b. Contemporary design for replacements, additions, or remodeling
should not be discouraged when such designs do not destroy or
cover original material, and are compatible with the building and
its neighbors in respect to size, scale, color, material or character.
3. The traditional elements of a commercial building should be retained,
restored or replaced.
a. The decorative cornice should be repaired and maintained, or
replaced if necessary.
b. Window sills and hoods should be repaired and maintained.
c. Decorative patterns of masonry should be repaired and maintained.
d. Windows should fill the entire opening. They were usually double
hung with two panes per sash.
e. The lintel should be uncovered. It may be the best place for sign.
f. Transom panes should be uncovered, inside and out.
g. If cast iron pillars supported the lintel, they should be replaced.
4
h. Storefronts should have the largest possible windows area in
keeping with the original opening.
i. The bulkhead should be no more than about two feet high.
Original bulkheads were wood panel, not brick. They may be
replaced with wood or painted metal to simulate wood panels.
j. The entrance should be recessed, without steps.
k. The entire storefront should be set back about 6 inches from the
front of the building.
1. The door should be commercial in style and typical for the period.
It must open in and out.
m. Recommended a water tap for cleaning walks, windows, facades.
4. Historic paint colors appropriate for the age of the building should be
used.
A common approach to color will enhance the appearance of each building
and the character of downtown. At the same time, individuality is
preserved through the owner's choice of base and trim colors.
a. There is a wide range of historically appropriate colors. See the
HRA for assistance. In general, there are three era color
preference:
1. Built 1860s-1870s: soft tints of brown, gray, green and blur
trimmed with white.
2. Built 1870s-1900s: dark browns, grays,reds, olives,yellows
and greens, trimmed in darker and lighter shades of same
color or complimentary colors.
3. Built 1900s-1920s: light grays,yellows and browns trimmed
with complimentary colors, ivory or white.
b. Colors should also be selected to harmonize with neighboring
buildings.
c. Colors should be used to unify the appearance of the building. No
more than a base color, a trim color and an optional detail color
should be used. All walls of a building should be painted
consistently.
5
d. Bare aluminum or metal doors, windows and frames should be
painted. An aluminum cleaner, zinc chromate primer and metal
paint should be used.
5. Signs should be consistent with the design of the building and the
character of the downtown.
a. Signs should not cover up the traditional design elements of a
building.
b. The size of a sign should be proportionate to the building. As a
rule, the area of the sign should be no more than 1.25 square feet
fir every front foot. Do not exceed sizes established by City
Ordinance.
c. The traditional locations for signs are: painted inside the windows
or door pane or inside the transcom pane; flush on the storefront
cornice or lintel; letters painted or attached directly on the cornice
or lintel; mounted flush between the lintel and second floor
windows.
d. The style, colors, lettering and materials of the sign should reflect
the age of the building. Examples may be found in old
photographs and surviving signs. See a professional sign painter
for advice.
e. Contrast between a dark background and light lettering, or vice
versa, is more important than size. The lettering style should be
chosen for it's legibility.
f. Plastic, aluminum and back lit signs are not usually appropriate on
older buildings because of their materials, colors, size and style of
lettering. The content and logo of corporate and product signs can
be transferred to more traditional materials and styles of sign.
6. Canvas or treated cloth awnings are recommended where they are
compatible with the age of the building and the character of
downtown.
a. Aluminum or plastic materials and flat, horizontal canopies are not
consistent with the appearance of older buildings.
b. Colors should compliment the colors of the building and
neighboring buildings. Lettering should follow guidelines for signs.
6
c. Awnings should not cover distinctive architectural details or
transcoms. However, awnings may be used to cover alterations
which are not original to the building.
d. Awnings may be fixed or retractable. They should be appropriate
to the shape of the window or storefront.
7. Grills, air conditioners and exhaust fans should not be mounted on the
front of the building if it can be avoided.
They should be incorporated into filler panels and painted the same color
as the panel. They should not extend over the sidewalk or entrance to the
building.
8. Ceilings are a distinctive architectural feature which should be
retained or restored.
a. Tin ceilings are often concealed by a dropped ceiling to save
heating and cooling costs. Ceiling fans can accomplish the same
purpose and are recommended in preference to dropped ceilings.
b. Dropped ceilings usually conceal the transcom panes above the
display window and entrance. Transcom panes are sometimes cut,
pressed, etched, colored or stained glass and should be visible
inside and out. Removal of dropped ceilings, at least at the front
of the building is recommended when a transcom does exist.
c. Window openings and frames are often reduced with filler panels
to conceal dropped ceilings. Full opening windows with a black
panel between the glass and the dropped ceiling is recommended
instead of filler panels.
C. For New and Infill Construction
New construction means totally new structures, moved-in structures and new
additions to existing structures undergoing restoration and rehabilitation.
1. Generally, any new construction should be consistent with neighboring
buildings and the character of downtown.
a. The important elements of the character of downtown are defined
by the following guidelines.
b. The reproduction of historic design is recommended only for infill
on a small scale or for additions to original buildings.
7
c. Contemporary design for new construction is not discouraged.
These guidelines focus on general rather than specific design
elements in order to encourage new design compatible with the
character of downtown.
2. The height and width of the facade should reflect the average
proportions of the older downtown buildings.
a. Buildings should be two or three storied high but no more than
sixty feet.
b. Infill should fill the entire width of the lot.
c. Horizontally, the building should be massed in increments of
approximately 22 and 44 feet.
3. The new facade should be flushed with the sidewalk, or if adjacent
buildings are not, then flush to its neighbors.
4. The exterior materials should be brick or stone masonry, similar in
color or texture to the older downtown buildings.
5. Infill buildings should reflect some of the detailing of neighboring
buildings in window shapes, cornice lines and brick work.
6. The amount of solid wall to window and door openings on the facade
should be proportional to that of the older downtown buildings.
a. The ground floor should be a transparent store front style, with
window size and height similar to that of neighboring buildings.
b. The upper stories should have windows of the same general spacing
and height to width proportion as those of neighboring buildings.
7. The cornice or roof line should be flat.
TAMIIADMINIHRAGUIDE
8
TENTATIVE AGENDA
ADJ.REG. SESSION SHAKOPEE, MINNESOTA DECEMBER 21, 1993
LOCATION: City Hall, 129 Holmes Street South
Mayor Gary Laurent presiding
1] Roll Call at 7 : 05 P.M.
2] Approval of Agenda
3] Recess for H.R.A. Meeting
4] Re-convene
5] Liaison Reports from Councilmembers
6] Mayor's Report
7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS
8] Approval of Consent Business - (All items listed with an
asterisk are considered to be routine by the City Council
and will be enacted by one motion. There will be no
separate discussion of these items unless a Councilmember
so requests, in which event the item will be removed from
the consent agenda and considered in its normal sequence
on the agenda. )
9] Approval of Minutes: None
10] Communications:
a] Kristin Dirks, Convention and Visitors Bureau,
presentation of program of work for 1994 - verbal
11] Public Hearings: None
12] Boards and Commissions' Recommendations: Planning Commission:
a] Prairie Bend Planned Unit Development by Sienna
Corporation, lying South of 4th Ave. and South and West
of KC Hall (Lenzmeier property)
13] Reports from Staff:
*a] Canterbury Downs Letter of Credit - See HRA item #3
*b] Chaska Interceptor Negotiations/12th Ave. Sewer & Water
*c] Street Light at Vierling Drive & Marschall Road
*d] 1994 Cigarette Licenses
*e] Excess Vacation Time - Harry Pass
*f] Sick Time - Howie Heller
g] Minnesota Valley Restoration Project, Inc. Lease
Agreement
TENTATIVE AGENDA
December 21, 1993
Page -2-
13] Reports from Staff continued:
*h] Approve Bills in the Amount of $1,212,961. 79
*1] 1994 Electrical Inspection Agreement
j ] Metropolitan Waste Control Commission (MWCC) Land Sale
*k] Stonebrooke Second Addition Time Extension to Record Plat
*1] Dominion Hills First Addition Time Extension to Record
Plat
14] Resolutions and Ordinances:
*a] Res. No. 3919 - Amending the Guidelines for Appointments
To and Operations of Boards and
Commissions
*b] Ord. No. 366 - Amending The City Code Relating To
Tattooing
*c] Res. No. 3827 - Approving Contract with Regional
Transit Board for 1994
*d] Res. No. 3923 - Adopting Standards For Tree and Shrub
Control
*e] Res. No. 3924 - Adopting Fee Schedule for 1994
*f] Res. No. 3925 - Designating City of Shakopee as Local
Governmental Unit and Adopting Permanent
Rules of the Wetland Conservation Act
*g] Res. No. 3926 - Amending the Special Assessment Policy
*h] Res. No. 3928 - Ordering Report on Vierling Drive from
CR-15 to Harrison Street
*i] Res. No. 3929 - Rescheduling Public Hearings on Pierce
Street from 3rd to 4th
*j] Ord. No. 367 - Amending The City Code Relating To
Tree and Shrub Control
*k] Ord. No. 368 - Amending The City Code Relating To
Special Assessments For Sidewalk
Replacement
*1] Res. No. 3930 - Reassessing Certain Property for the
1991-3 2nd Avenue Project - on table
15] Other Business:
a]
b]
c]
16] Recess for executive session to consider strategy for labor
negotiations
17] Re-convene
18] Adjourn
Dennis R. Kraft
City Administrator
RESOLUTION NO. 3920
A RESOLUTION OF APPRECIATION TO
GLORIA M. VIERLING
WHEREAS, Gloria M. Vierling has been duly elected by the
citizens of Shakopee to serve as a Councilmember for three
consecutive four year terms beginning January 3, 1982 ; and
WHEREAS, Gloria M. Vierling has faithfully fulfilled her
official duties and responsibilities as a Councilmember for the
City of Shakopee; and
WHEREAS, Gloria M. Vierling served on the Suburban Rate
Authority and Association of Minnesota Municipality representing
the needs and concerns of all Shakopee residents; and
WHEREAS, Gloria M. Vierling has served as a member of the
Metropolitan Waste Control Commission representing Precinct G in
the metropolitan area supporting positions of inherent interest to
the health, safety and welfare of all residents in the metropolitan
area; and
WHEREAS, Gloria M. Vierling has served on numerous study
committees created over the years to evaluate issues of ongoing
importance to the community; and
WHEREAS, Gloria M. Vierling has faithfully served as Council
liaison to the Planning Commission, County Board, School Board, and
numerous City Advisory Committees; and
WHEREAS, Gloria M. Vierling served as Vice Mayor of the City
of Shakopee in 1985, 1990, and 1992; and
WHEREAS, Gloria M. Vierling has consistently exhibited
superior leadership qualities and exercised sound judgement in
dealing with issues of critical importance to the City of Shakopee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, that the City of Shakopee hereby
acknowledges and expresses its sincere gratitude and appreciation
to Gloria M. Vierling for the years of unselfish commitment,
positive leadership and direction which has served to establish a
firm foundation for Shakopee' s future growth and development .
Adopted in Adjourned Regular Session of the City Council of
the City of Shakopee, Minnesota held this 21st day of December,
1993 .
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form.
City Attorney
l ;C
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Lindberg S. Ekola, City Planner
RE: Conceptual Sketch Plan
Prairie Bend Planned Unit Development (PUD)
DATE: December 16, 1993
INTRODUCTION AND BACKGROUND:
Attached is a copy of the sketch plan for the proposed Prairie Bend
PUD. This plan, submitted by Mr. Jim Johnston of the Sienna
Corporation, proposes a mixture of housing types to address many of
the issues identified in their recent rezoning request.
The applicant has been working to establish contacts with other
potential developers and/or builders for the multi-family areas
within this proposed PUD. One interested party is proposing to
construct assisted living homes for persons with memory loss and
other related conditions. A copy of that organizations brochure
has also been attached with this memo.
At the December 9, 1993 meeting, the Planning Commission reviewed
Sienna's revised plan for the Lenzmeier property. In general, the
Planning Commission felt that this plan was an improvement over the
first submittal. They felt that the proposed mix of housing types
was more appropriate.
Mr. Johnston requested that the revised plan be forwarded to the
City Council at the December 21 meeting for a brief review and
comment. Sienna Corporation will proceed with the development
review process after the conceptual review by City Council.
ACTION REQUESTED:
The applicant would like to review and discuss the conceptual
sketch plan for the Prairie Bend PUD with the City Council at the
December 21 meeting.
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MEMO TO: Dennis Kraft, City Administrator
•
FROM: Dave Hutton, Public Works Director
SUBJECT: Chaska Interceptor Negotiations
DATE: December 7, 1993
INTRODUCTION & BACKGROUND:
At the November 16, 1993 Council meeting, the City Council adopted the assessments for the
12th Avenue Sewer and Water Project.
As part of the action, the Council elected not to assess the developer for $56,000 associated with
the sewer crossing under the bypass and to request that Metro Waste Control Commission
(MWCC) pay the City for this.
In addition, the City Council discussed an additional cost to the developer of$34,000, but did
not deduct this from the assessment roll. The Council further directed staff to discuss this cost
with the MWCC and to prepare an agreement with the developer indicting that if the City were
successful, the developer would be reimbursed by the City.
Staff has received a response from the MWCC (attached) indicating that they are denying our
request in its entirety. Based on this letter, the City will not be receiving the $90,000 credit from
MWCC. Since $34,000 was already assessed the Sanitary Sewer Fund will need to pay for the
$56,000. Also it does not appear that any agreement between the City and developer is now
needed.
If Council desires additional action on this issue, staff should be so directed.
ACTION REQUESTED:
Move to cancel the previous direction to staff (from the 11/16/93 meeting) regarding the
preparation of an agreement between the City and Valley Green Business Park for recovering all
costs in excess of$56,000 from the MWCC for the 12th Avenue Sewer and Water Project.
DEH/pmp
INTERCEPTOR
Metropolitan Waste Control Commission
Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101-1633
612 222-8423
December 1, 1993
Mr. David E. Hutton
Public Works Director
129 Holmes Street South
Shakopee, MN 55379
Re: Chaska Gravity Interceptor
MWCC Project Number 920601
Cost Sharing Credits
Dear Mr. Hutton:
The Metronolita.n Council and the Commission Staff agree with the proposal to
credit the City of Shakopee an amount of $1, 325, 000 for the Rahr diversion
and the VIP diversions for the Shakopee Cost Sharing Agreement. This amount
will be credited to the Shakopee cost of the cost sharing for the new gravity
interceptor.
The Commission Staff cannot recommend the additional credit of $90, 000 .
The $56, 000 credit for the crossing of the bypass cannot be recommended
since the alignment change makes the crossing of the bypass unnecessary.
It would not be acceptable for the Commission to pay for a pipeline that
is not necessary.
The staff feels that the Commission cannot be responsible fore projects
done by a municipality or a private party based upon pris
eliminary
planning maps or drawings. The actual location of the inte oval from
still not fdsince the Commission has not and the MPCA ffor the project received app
MnDOT, Met
Council,
The $34, 000 credit for the extra depth of the sewer along Twelfth Avenue
will also not be recommended as a credit. According to y
sewer connections would
been
lowed bbymade
MnDOT c All connectionto the smtosthe
ion
interceptor. This will not be a
interceptor must be off the MnDOT right-of-way. The only connection in
this area will be at the east end of Twelfth Avenue where the crossing
is currently located (point "I" in previous discussions) .
Thank you for your cooperation.
S ' ely,
Ray Payne
Manager Interceptor Division
CRP:AED:skf
L30
cc: Allen Dye
Mark Thompson
Jack Frost - Met Council
Brian Ohm - Met Council
Equal Opportunity/ANirmative Action Employer
J ��
r BENT C.
MEMO TO: Dennis Kraft, City Administrator
FROM: Dave Nummer, Staff Engineer
SUBJECT: Street Light at Vierling Drive and Marschall Road
DATE: December 14, 1993
BACKGROUND:
Staff has received a request to install a street light on the west side of Marschall Road at Vierling
Drive. The existing street light on the east side of Marschall Road does not provide enough light
now that Marschall Road is a 4-lane divided roadway. At night this intersection is very dark and
potentially hazardous.
Staff has contacted Shakopee Public Utilities to obtain a quote for installing the light. The
estimated cost is $692.16. This cost would usually be assessable, but Council has followed a
policy in the past of not assessing additional street lights along Vierling Drive.
ACTION REQUESTED:
Direct staff to have Shakopee Public Utilities Commission to install a street light on the west side
of Marschall Road at Vierling Drive for a cost not-to-exceed $692.16.
DMN/pmp
LIGHT
CONSENT
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Judith S . Cox, City Clerk
RE: 1994 Cigarette Licenses
DATE: December 17, 1993
INTRODUCTION and BACKGROUND:
Although the City Code does not specifically state that the Council
shall approve applications for a cigarette license, in the past,
the City Attorney has advised that it would be in order to
authorize the City Clerk to issue cigarette licenses . Prior to the
issuance of any license, the County Treasurer will be contacted to
make sure taxes have been paid.
RECOMMENDED ACTION:
Authorize the City Clerk to issue cigarette licenses for 1994 . (No
need to list all licensees. )
The following were sent applications for renewal :
1994 CIGARETTE LICENSES
94-1 Superamerica 1155 East 1st Avenue
94-2 Juba' s Super Valu 1100 Shakopee Town Square
94-3 Cleve' s Super Valu 828 East 1st Avenue
94-4 Budget Liquor 6268 Hwy. 101
94-5 Dangerfield' s Resturant 1583 East 1st Avenue
94-6 Brooks (#28) (Gateway) 615 Marschall Road
94-7 Brooks (#42) (Gateway) 1147 Canterbury Road
94-8 Hennen' s ICO 807 East 1st Avenue
94-9 Mpls . Northstar Auto Auction 4908 Valley Inc . Blvd. N.
94-10 Corp Tool dba Arnies 122 East 1st Avenue
94-11 Koehnen' s Standard 804 East 1st Avenue
94-12 Valley Liquor, Inc . 1102 Shakopee Town Square
94-13 Tom Thumb Store #250 590 S. Marschall Road
94-14 Holiday Station #83 444 East 1st Avenue
94-15 Riverside Liquors 507 East 1st Avenue
94-16 BretBecca, Inc. 124 West 1st Avenue
94-17 Valleyfair One Valleyfair Drive
94-18 Berens Market 123 West 2nd Avenue
94-19 Cy' s Amoco 312 West 1st Avenue
94-20 Canterbury Inn 1244 Canterbury Road
94-21 Anchor Glass 4108 Valley Ind. Blvd. N.
94-22 Raceway Park Inc . One Checkered Flag Blvd.
94-23 Rock Spring 1561 East 1st Avenue
94-24 F.O.E. 4120 220 West 2nd Avenue
94-25 Robert' s Drug 485 South Marschall Road
94-26 American Legion 1266 East 1st Avenue
94-27 Stonebrooke Golf Club 2693 County Road 79
94-28 Jerry' s Bar 124 S. Holmes St .
94-29 K-Mart 1200 Shakopee Town Square
94-30 Turtle' s Bar & Grill 132 East 1st Avenue
94-31 Knights of Columbus 1760 East 4th Avenue
94-32 V.F.W. 1201 East 3rd Avenue
94- Shakopee Ballroom 2400 East 4th Avenue
94- American Legion Post 2 1266 East 1st Avenue
94- J & D dba Cheers 2 Ya 911 East 1st Avenue
94- Canterbury Inn 1244 Canterbury Road
94- Anchor Glass Hwy 101 & C.R. 83
94- Shakopee Super 8 581 S . Marschall Road
94- Backstretch R.V. Park 8855 E. 13th Ave .
94- Total Petroleum 234 West 1st Ave.
94- Eastman Drug
94- Sport Stop 101 South Lewis
r 0 NSLi\I
-(2"
MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR
FROM: DAVE HUTTON, PUBLIC WORKS DIRECTOR
SUBJECT: EXCESS VACATION TIME
DATE: DECEMBER 9, 1993
INTRODUCTION
Staff is requesting City Council authorization to use excess
vacation by December 31, 1993 .
BACKGROUND
The Personnel Policy currently requires employees to use their
vacation up by the end of the payroll year rather than the end of
the calendar year. This policy basically applies to non-union
employees as the union contracts allow employees to use vacation up
by the end of the calendar year.
For 1993 , the end of the payroll year is December 26. Staff has
received a request from one none-union employee to use up vacation
after December 26, but prior to December 31, 1993 . The Personnel
Policy does allow for the City Administrator to allow vacation to
be carried into the next payroll year, if approved by the City
Council.
Staff is regarding City Council authorization to allow the vacation
to be used up by December 31, 1993 .
ACTION REQUESTED
Move to grant Harry Pass authorization to use up all excess 1993
vacation by December 31, 1993 .
A
CONSENT P 6
MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR
FROM: DAVE HUTTON, PUBLIC WORKS DIRECTOR
SUBJECT: HOWIE HELLER SICK TIME
DATE: DECEMBER 15, 1993
INTRODUCTION AND BACKGROUND
Staff would like to request authorization for Howie Heller to
utilize his sick time due to a life threatening illness to his
wife.
Currently, the city's personnel policy only allows an employee to
take 3 sick days for spouse illness. State law allows employees to
take unlimited sick leave for a child, but this law does not apply
to a spouse. This resulted in some confusion and Mr. Heller was
incorrectly informed that he could utilize any of his accumulated
sick leave for his spouse.
Because of the extreme, serious nature of the illness to his wife,
Howie Heller has had to take several weeks off work. Staff is
requesting City Council authorization for Howie to utilize his sick
time for this leave. If the department requires him to work for
whatever reason (i.e. snowplowing) , he will be called in.
Currently, Howie has over 450 hours of accumulated sick time.
This is a one time exception being requested.
ACTION RMQUB8T=D
Move to authorize Howie Heller to utilize 80 hours of his sick time
for the life threatening illness to his wife.
MEMORANDUM
TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: Minnesota Valley Restoration Project, Inc. Lease
Agreement
DATE: December 16, 1993
INTRODUCTION AND BACKGROUND:
The current five year lease between the City of Shakopee and
MVRP expires at the end of 1993 . Mr. Gerry Barker, Executive
Director, has submitted a letter indicating that MVRP desires to
renew the lease agreement.
If City Council desires to renew the lease agreement, it would
be appropriate at this time to direct the city administrator and
city attorney to draft a new lease agreement to be brought back to
city council for consideration. If City Council has any changes
that they would like to see included, direction should be given to
staff at this time.
ALTERNATIVES:
1. Do not renew the lease
2 . Direct staff to prepare a new lease for Council
consideration
3 . Table for further discussion on contents of a new lease
RECOMMENDATION:
Alternative #2 .
RECOMMENDED ACTION:
Direct the city administrator and city attorney to draft a new
lease with Minnesota Valley Restoration Project, Inc. for the
operation of Murphy's Landing.
r �.
sem,
HISTORIC
MIIIII1IIY'SmffitsN11llig
►A LIVING HISTORY MUSEUM*
4e1840-1890
2187 EAST HIGHWAY 101
SHAKOPEE, MN 55379
(612) 445-6901
December 6, 1993
Judith S. Cox
City Clerk
The City of Shakopee
129 Holmes Street, South
Shakopee, Minnesota 55379
Dear Madam,
The Minnesota Valley Restoration Project, Inc. does desire to renew the
contract with the City of Shakopee for the operation of Murphy's Landing. Please
place us upon the City Council agenda at your convenience. We ask that you let me
know if there is any information or materials that you need.
Sincerely,
dy
Execu ve Director
cc: John Manahan
Dr. Rolland Pistulka
Loren Gross
AGREEMENT FOR THE OPERATION AND MANAGEMENT OF
MURPHY'S LANDING
WHEREAS, the City of Shakopee, a corporate body politic
organized under the laws of the State of Minnesota and herein
referred to as The City, owns and controls certain property
located with the City of Shakopee and which is commonly known and
referred to as "Murphy's Landing" ; and
WHEREAS, the City of Shakopee desires to enter into an
agreement for the operation and management of Murphy's Landing as
herein provided for a five (5) year period beginning January 1,
1989 ; and
WHEREAS, the Minnesota Vally Restoration Project, Inc.
hereinafter referred to as MVRP, is a corporation organized under
the laws of the State of Minnesota with its office in Shakopee,
Minnesota, and which has been managing Murphy's Landing for
several years including the past year; and
WHEREAS, the Scott County Historical Society, a branch of
the Minnesota State Historical Society and herein after referred
to as SCHS has operated in the County of Scott for many years and
has operated Murphy's Landing site for a period of a few years;
and
WHEREAS, MVRP desires to continue the operation and
management of Murphy's Landing for the coming five years; and
WHEREAS, both parties hereto desire to enter into this
Agreement setting forth terms and conditions of the operation and
management of Murphy's Landing by MVRP as herein provided and
later amended by mutual written consent of the parties hereto.
NOW, THEREFORE, IT IS AGREED by and between The City and
MVRP as follows:
That as and from January 1, 1989 the City hereby contracts
and engages MVRP to manage and operate Murphy's Landing as
follows:
1. That during the period covered by this agreement MVRP
shall make no major changes in the operation of Murphy's Landing
except as herein provided nor commit the enterprise to
significant capital or other contractual obligations without
first receiving the written authorization of The City.
2 . The Board of MVRP will, as soon as possible, assume
policy making decisions and endeavor to generate grants and
donations to MVRP and will delegate the management to a staff
that MVRP will assemble and engage as prudent judgment requires.
In Wie..:/,/'C Grru //amu,Z2fr.)
3. The Board will continue to attempt to search for and retain the
services of a qualified museum professional (curator) and that another individual
W may be retained to assist in the operation of the Restoration Project as an
assistant administrator and such person to be one knowledgable and possessing
the necessary prerequisites for such a position."
4 . The MVRP will complete a full and detailed inventory of
the improvements and structures now on the Murphy's Landing site
and will also complete a detailed inventory of and location of
all artifacts and personal property and include, for each item,
the description, date of acquisition (when available) , the
purchase cost or appraised value, if donated, and such inventory
will distinguish between property and equipment used in the
operation of Murphy's Landing and property that would fall within
the category of historical treasures and artifacts. See page two
of Richard 0. Ellsworth, of the George M. Hansen Company, P.A. ,
managerial letter of January 12, 1989 addressed to the City
Council, attached hereto as Exhibit A.
5. MVRP shall report to the City Administrator on at least
a monthly basis relative to the on-going operation of Murphy's
Landing including a monthly operating statement.
6. MVRP shall obtain liability insurance as well as
comprehensive insurance on the structures, contents and artifacts
at Murphy's Landing, naming both The City and MVRP as insureds
under the terms of such policies. The policies shall be in the
amounts and forms as mutually agreed upon between The City and
MVRP and will require a minimum of a ten-day written notice of
cancellation or termination of the policies, and MVRP and The
City shall be furnished with current copies of all insurance
policies and any subsequent changes therein.
7. The City shall be notified of all meetings of the Board
of Directors of MVRP and both parties agree that a member of the
City Council will be an active voting member of the MVRP Board of
Directors.
8 . The MVRP shall invite and request SCHS to name two
members of its Board to the Board of the MVRP and such membership
shall continue during the life of this Agreement and membership
shall be replaced as and when required.
9 . The City and MVRP will arrange for an annual
independent audit to be financed at the expense of MVRP.
10. The City will cooperate with MVRP in endeavoring to
ensure the sound operation of Murphy's Landing.
11. The SCHS, while not a party hereto, does hereby sign
this agreement as an indication of its approval and its
willingness to cooperate with the parties hereto without
affecting its own operations.
12 . Both parties hereto agree to enter into and execute any
further documents and agreements necessary or convenient to
effectuate the terms and conditions of this Agreement.
-2-
13 . This Agreement shall be governed by the laws of the
State of Minnesota.
This Agreement executed as of this s /,Ai day of 7i41.,J
1989 by The City and MVRP.
THE CITY OF SHAKOPEE MINNESOTA VALLEY RESTORATION
(The City) PROJECT, INC. (MV i;)
By Q1.? a./ }'h. ,1� 4 a By Q� OZ(L`
iTLOka-tfif:D
Mayor Pre ; d, ' �j l
By /4!41li, ,' 171- By 1��.� / ' .I /
Acting City Admi�ni' trator Secretary Treasurer
By aiiynl i �_ p1 . '(.,�j' '/
P k l
CityJF1 _r
State of Minnesota)
ss
County of Scott ) 1
The foregoing was acknowledged before me this.s day of
�i..� , 1989 by Dolores M. Lebens, Dennis R. Kraft and Judith
o ., the Mayor, Acting City Administrator and City Clerk
respectively, of the City of Shakopee, a municipal corporation
under the Laws of the State of Minnesota, on behalf of the City
of S ff). Noory / ` . - i :...;./
'Ay Comm.Exp.12-21-02 IV
State of Minnesota)
) ss
County of Scott )
le The oregoing was cknowl ;ged before me this .._, 2Y_ day of
1989 by y _ - . v • .- - ...and C4a�),\,k0n,, k.`NG\SnY�
t President and Secretary-Treasurer of the Minnesota Valley
Restoration Project, Inc. (MVRP) , a corporation under the Laws of
the State of Minnesota, on behalf of MVRP.
'!� MARGARET M.K1.HN
U IpTAR'f sARET• .'cuss
SCOTT COUNTY\ "F.
...,...1.4,- it,Clan apses Dec 12.1992
-3-
The Scott County Historical Society (SCHS) acknowledges
receipt of the above Agreement and by its signature indicates its
approval of t e agreement and its stated purposes this =
day of ' <' ! `f, 1989 .
SCOTT COUNTY HISTORICAL SOCIETY
(SCHS)) ,—
--Z
/' U' / /
By '� ,--
esidenti '� 1
By OtiAA�.t,l-tib- (V. ,� ' Y"
Segrletory 1,1
STATE OF MINNESOTA)
ss
COUNTY OF SCOTT )
The foregoing was acknowledged before me this tP\ day of
1989 , by A1c�•01\ P1=t t.al�. and Sc c-rLt ir,Y, TToSt L- ,
thd President and Secretary respectively, of the Scott Co my
Historical Society (SCHS) , a corporation under the Laws of the
State of Minnesota, on behalf of SCHS. .
rBR' T1
CDO 'JEN
i vVOTARY au: .. LOTA
L_LJ
-4-
CONSENT
Attached is a print out showing the division budget status as
of 12/16/93 for 1993 based on data entered as of that date. There
appears to be a few divisions running close to their budget.
Included is a check for $178,715 for remittance of tax
increment due to referendum levies to ISD 720.
CITY OF SHAKOPEE
EXPENSES BY DEPARTMENT
CURRENT YEAR
ANNUAL MONTH TO PERCENT
DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED
11 MAYOR & COUNCIL 69,140 403 51,215 74
12 CITY ADMINISTRATOR 198,110 19,009 185,846 94
13 CITY CLERK 114,510 7,236 106,629 93
15 FINANCE 273,520 14,065 234,170 86
16 LEGAL COUNSEL 158,120 9,582 140,103 89
17 PLANNING 376,940 15,680 290,334 77
18 GENERAL GOVERNMENT BUILDINGS 119,426 15,545 114,633 96
31 POLICE 1,432,630 91,843 1,300,058 91
32 FIRE 255,820 2,608 221,799 87
33 INSPECTION-BLDG-PLMBG-HTG 165,804 10,166 140,563 85
41 ENGINEERING 342,720 19,855 267,455 78
42 STREET MAINTENANCE 688,710 43,828 543,747 79
44 SHOP 149,420 7,809 119,421 80
46 PARK MAINTENANCE 318,770 13,423 279,310 88
48 REFUSE COLLECTION 521,389 41,621 463,167 89
61 POOL 150,300 97 140,670 94
64 RECREATION 214,011 10,869 180,196 84
91 UNALLOCATED 1,142,645 100 504,196 44
TOTAL GENERAL FUND 6,691,985 323,739 5,283,512 79
17 PLANNING 360,860 17,201 296,376 82
TOTAL TRANSIT 360,860 17,201 296,376 82
12 CITY ADMINISTRATOR 64,870 3,709 47,730 74
TOTAL HRA 64,870 3,709 47,730 74
00 N/A 339,400 0 0 0
TOTAL CAPITAL EQUIP REVOLVING FUND 339,400 0 0 0
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MEMO TO: Dennis R. Kraft, City Administrator
FROM: Barry A. Stock, Assistant City Administrator
RE: 1994 Electrical Inspection Agreement
DATE: December 17 , 1993
INTRODUCTION AND BACKGROUND:
We currently have Terry Krominga under contract for our electrical
inspections. His contract expires December 31, 1993 . We have
attached a new contract to be executed for 1994 with Mr. Krominga.
There are no language changes in the contract from last year.
ALTERNATIVES:
1. Renew the contract with Mr. Krominga.
2 . Do not renew the contract and seek another source for
electrical inspections.
RECOMMENDATION:
I recommend we renew our electrical contract with Mr. Krominga.
ACTION REQUESTED:
Authorize the appropriate city officials to execute the electrical
contract with Terry Krominga for the 1994 operational year.
BAS/jms
CONSULTANT CONTRACT
THIS AGREEMENT, made and entered into this day of
December, 1993 , by and between the City of Shakopee, a municipal
corporation of the State of Minnesota, hereinafter referred to as
the "City" with offices at 129 South Holmes Street, Shakopee,
Minnesota, and Terry Krominga, Box 91, LeSueur, Minnesota 56058 ,
hereinafter referred to as the "Consultant. "
WITNESSETH:
THAT, WHEREAS, the City of Shakopee desires to engage the
Consultant to render electrical inspector services as more
particularly described in Exhibit A; and
WHEREAS, the Consultant made certain representations and
statements to the City with respect to the provision of such
services and the City has accepted said proposal.
NOW, THEREFORE, for the considerations herein expressed, it
is agreed by and between the City and the Consultant as follows:
1. Services. The City agrees to engage the services of the
Consultant and the Consultant agrees to perform the services
hereinafter set forth as described in Exhibit A.
2 . Addition to Services. The City may add to the Consultant
services or delete therefrom activities of a similar nature to
those set forth in Exhibit A, provided that the total cost of such
work does not exceed the total cost allowance as specified in
paragraph 6 hereof. The Consultant shall undertake such changed
activities only upon the direction of the City. All such
directives and changes shall be in written form and prepared and
approved by the Building Official and shall be accepted and
countersigned by the Consultant.
3 . Exchange of Data. All information, data, and reports as
are existing, available and necessary for the carrying out of the
work, shall be furnished to the Consultant without charge, and the
parties shall cooperate with each other in every way possible in
carrying out the scope of services.
4 . Term. This contract shall be for a period of one year.
5. Pay. The City agrees to pay the Consultant in accordance
with the terms set forth in Exhibit A, which shall constitute
complete compensation for all services to be rendered under this
contract.
6 . Termination. If, through any cause, the Consultant shall
fail to fulfill in timely and proper manner Consultant's
obligations under this contract, including the requirement to have
a bond and insurance in place, or if the Consultant shall violate
any of the provisions of this contract, the City shall thereupon
have the right to terminate this contract by giving written notice
to the Consultant of such termination and specifying the effective
date thereof, at least five (5) days before the effective day of
such termination. Either party may, with or without cause, ter-
minate this contract upon 30 days prior written notice. Notwith-
standing the above, the Consultant shall not be relieved of
liability to the City for damages sustained by the City by virtue
of any such breach of the contract by the Consultant.
7 . Assignment. The Consultant shall not assign any interest
in this contract, and shall not transfer any interest in the same,
without prior written consent of the City thereto. None of the
authority or responsibilities of this agreement may be transferred
to another party.
8 . Confidentiality. Any reports, data, or similar in-
formation given to or prepared or assembled by the Consultant under
this contract which the City requests to be kept as confidential
shall not be made available to any individual or organization by
the Consultant without prior written approval of the City.
9 . Interest. Consultant covenants that it presently has no
interest and shall not acquire any interest, direct or indirect,
which would conflict in any manner or degree with the performance
of services to be performed under this contract. The Consultant
further covenants that in the performance of this contract no
person having such interest shall be employed.
10. Discrimination. The Consultant agrees in the performance
of this contract not to discriminate on the ground or because of
race, color, creed, religion, national origin, sex, disability,
age, marital status, or status with regard to public assistance,
against any employee of Consultant or applicant for employment, and
shall include a similar provision in all subcontracts let or
awarded hereunder.
11. Independent Contractor. The Consultant is an independent
contractor and nothing contained herein shall constitute or
designate the Consultant or any of Consultant's agents or employees
as agents or employees of the City of Shakopee, Minnesota.
12 . City Benefits. The Consultant shall not be entitled to
any of the benefits established for the employees of the City nor
be covered by the Worker's Compensation Program of the City.
13 . Liability and Indemnity. The parties mutually agree to
the following:
a. In no event shall the City be liable to the Consultant for
special, indirect, or consequential damages, except those caused by
the City's gross negligence or willful or wanton misconduct.
b. The Consultant shall defend, indemnify, and hold the City
harmless from and against all claims, losses, and liabilities
arising out of personal injuries, including death, and damage to
property, which are caused by the Consultant arising out of or in
any way connected with this contract. Consultant further agrees to
defend, indemnify, and hold the City harmless from and against any
claims, losses and liabilities arising out of the award of this
contract to the Consultant.
14 . Notices. All notices required or permitted hereinunder
and required to be in writing may be given by first class mail
addressed to City and Consultant at the address shown above. The
date of delivery of any notice shall be the date falling on the
second full day after the day of its mailing.
15. Jurisdiction. This agreement and every question arising
hereunder shall be construed or determined according to the laws of
the State of Minnesota.
Executed the day and year first above written.
CONSULTANT CITY OF SHAKOPEE, MINNESOTA
By By
Mayor
By
City Administrator
By
City Clerk
Prepared By:
Karen Marty
City Attorney
129 South Holmes Street
Shakopee, MN 55379
EXHIBIT A
Description: The Electrical Inspector shall enforce the
Minnesota Electrical Act, the Rules and Regulations of the State
Board of Electricity thereunder, and the ordinances of the City of
Shakopee pertaining to the licensing of electricians and electrical
installations. All requested inspections shall be made within the
Ctiy limits.
Compensation: The rate of compensation shall be 80% of the
electrical inspection fees collected by the City of Shakopee. The
City shall remit this amount upon proper accounting for fees, on a
bi-weekly basis.
Security: The Electrical Inspector shall provide the City
with an electrical inspector's bond in the amount of $1000, payable
to the City of Shakopee in case of default. The bond shall be in
effect until at least December 31, 1994 .
Insurance: The Inspector shall supply the City with a
verification of automobile liability insurance on an acceptable
form (e.g. Form 1927) showing insurance in amounts of not less than
$50, 000 for any one person, $100, 000 for any one accident for
personal injury, and $10, 000 for property damage.
Rules for Work: The Electrical Inspector shall comply with
the following rules:
1. Report to the Building Official's office when called
upon.
2 . Supply a monthly report of inspections completed.
3 . Deposit with the City any inspection fees received in the
field.
4 . Have a Journeyman or Master electrician's license in
force at all times.
Responsibility: The City is placing trust and authority upon
the Electrical Inspector as an independent contrator qualified and
certified as such to make electrical inspections on behalf of the
City of Shakopee.
1 S Clr
MEMO TO: Honorable Mayor and City Council
FROM: Dennis R. Kraft, City Administrator
RE: Metropolitan Waste Control Commission (MWCC) Land Sale
DATE: December 17, 1993
INTRODUCTION:
I have been informed by a staff member of the MWCC that they have
decided to sell the 500+ acre parcel of land in Shakopee by closed
bid.
BACKGROUND:
As Councilmembers are perhaps aware several years ago the MWCC
acquired a parcel of land in excess of 500 acres in area which is
located East of County Road 83 and South of County Road 16 . The
reason for the purchase of this land was to provide an area for the
application of treated sewage sludge . The sludge treatment process
was never implemented and at this time the MWCC has decided that
the land is surplus and that it should be disposed of .
I received a telephone call today from a member of the legal staff
of the MWCC which indicated that the MWCC has decided to dispose of
this property by a closed bid method. Any member of the general
public will be able to submit a bid on this property.
RECOMMENDATION:
It is recommended that if the City Council would has an interest in
all or a part of this land that the City Administrator be
instructed to initiate the process of formulating a bid.
ACTION RECOMMENDED:
It is recommended that the City Council decide whether they have an
interest in purchasing this land, and, if they do to direct the
City Administrator to initiate the land acquisition bid process .
At /3
t\ = Metropolitan Waste Control Commission
Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101-1633
612 222-8423
December 16, 1993
Mr. Dennis Kraft
City Administrator
City of Shakopee
129 1st Avenue E.
Shakopee, MN 55379
Re: Sale of MWCC's Shakopee Property
Dear Mr. Kraft:
In October 1993 you had spoken to me about potential interest on
the part of the City of Shakopee in purchase of MWCC's property
in Shakopee.
After consideration of the issue by the Chair and Chief
Administrator of the Commission, the Chief Administrator has
asked me to inform you that the Commission will go forward with
its original plan to sell the property by competitive bid which
will be open to the general public.
Commission staff will be meeting shortly to establish the
schedule for advertisement for bids and sale of the property.
Sincerely,
(Jenne K. Ma rocs
Associate General Counsel
JKM:am
CC; Carol Johnson
Pauline Langsdorf
Gordon Voss
George Kaczor
Equal Opportunity/Affirmative Action Employer
PONSIE N
/,.2) dk:
MEMO TO: Dennis Kraft, City Administrator
FROM: Terrie Sandbeck, Assistant City Planner
RE: Request for Extension of Time to Record the Final Plat
for Stonebrooke Second Addition with the Scott County
Recorder's Office
DATE: December 16, 1993
INTRODUCTION:
The City has received a request from Laurent Builders, Inc. to
extend the 180 day time period for filing of a Final Plat after
approval of the plat by the City Council. The applicant is
requesting an extension of an additional 180 days in which to file
the plat. The City Code states that if a plat is not filed within
180 days after approval by the Council, the Council may rescind its
approval.
BACKGROUND:
On July 20, 1993 , the City Council approved the Final Plat for
Stonebrooke Second Addition. City Code Section 12 . 03 , Subd. 4 .F
states, "If the plat is not filed within 180 days after approval by
the Council, the Council may rescind its approval and shall notify
the Scott County Recorder / Register of Titles" .
The City Code does not list criteria for determining whether the
time period for recording of a plat should or should not be
extended. In the past, the City has made the determination on the
basis of changes that have occurred relating to the plat which may
necessitate the City reviewing the plat again. There are no
changes being made to the final plat itself. In addition, City
Staff is not aware of any changes that have occurred in the area of
the proposed plat that would necessitate a new review and approval
of the plat by the City at this time.
ALTERNATIVES:
1. Offer and pass a motion extending the 180 day time period for
recording of the Final Plat for Stonebrooke Second Addition by
an additional 180 days.
2 . Offer and pass a motion extending the 180 day time period for
recording of the Final Plat for Stonebrooke Second Addition by
a shorter period of time.
3 . Offer and pass a motion denying the request to extend the 180
day time period for the developer to file the Final Plat for
Stonebrooke Second Addition and require the developer to
resubmit the plat for approval by the City.
The Laurent Building LA U R E N T CorporateOffice
ace
128 South Fuller Street, Shakopee, MN 55379 B U I L D E R S,)I N C.
December 13, 1993
Lindberg Ekola
City of Shakopee
129 South Holmes Street
Shakopee, MN 55379
Dear Lindberg,
For various reasons we did not record the final plat for Stonebrooke
Second Addition as yet; nor do we desire to until perhaps mid year
of 1994. As such, we hereby request an extension of 180 days to
the time limit between final plat approval and plat recording.
We thank you in advance for your processing this request.
Sincerely,
I ,
LAURENT BUILDERS, INC.
Gary L. Lauren
President
GLL;at
BUILDERS • DEVELOPERS
STAFF RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Offer a motion granting the developer of Stonebrooke Second
Addition an additional 180 days in which to file the Final Plat
with the Scott County Recorder's Office, and move its approval.
' a
0NSEN ._
MEMO TO: Dennis Kraft, City Administrator
FROM: Terrie Sandbeck, Assistant City Planner
RE: Request for Extension of Time to Record the Final Plat
for Dominion Hills 1st Addition with the Scott County
Recorder's Office
DATE: December 17 , 1993
INTRODUCTION:
The City has received a request from Gary Bergquist of Dominion
Partnership to extend the 180 day time period for filing of a Final
Plat after approval of the plat by the City Council. The applicant
is requesting an extension of an additional 180 days in which to
file the plat due to unforeseen weather conditions in the summer
and fall. The City Code states that if a plat is not filed within
180 days after approval by the Council, the Council may rescind its
approval.
BACKGROUND:
On May 19 , 1992 , the City Council approved the Final Plat for
Dominion Hills 1st Addition. City Code Section 12 . 03 , Subd. 4 .F
states, "If the plat is not filed within 180 days after approval by
the Council, the Council may rescind its approval and shall notify
the Scott County Recorder / Register of Titles" .
The City Code does not list criteria for determining whether the
time period for recording of a plat should or should not be
extended. In the past, the City has made the determination on the
basis of changes that have occurred relating to the plat which may
necessitate the City reviewing the plat again. There are no
changes being made to the final plat itself. In addition, City
Staff is not aware of any changes that have occurred in the area of
the proposed plat that would necessitate a new review and approval
of the plat by the City at this time.
ALTERNATIVES:
1. Offer and pass a motion extending the 180 day time period for
recording of the Final Plat for Dominion Hills 1st Addition by
an additional 180 days.
2 . Offer and pass a motion extending the 180 day time period for
recording of the Final Plat for Dominion Hills 1st Addition by
a shorter period of time.
3 . Offer and pass a motion denying the request to extend the 180
day time period for the developer to file the Final Plat for
Dominion Hills 1st Addition and require the developer to
resubmit the plat for approval by the City.
STAFF RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Offer a motion granting the developer of Dominion Hills 1st
Addition an additional 180 days in which to file the Final Plat
with the Scott County Recorder's Office, and move its approval.
December 16, 1993
Mayor Laurent
Members of the City Council
City Hall
129 Holmes Street
Shakopee,MN 553792
Re: Dominion Hills Plat
Dear Mayor Laurent and Members of the City Council:
We are requesting an extension for filing the final plat, due to unforeseen
weather conditions in the summer and fall. Our contractor had to finish
County Road 78 first,leaving us in this unfavorable position.
Thank you for your uncerstanding in this matter.
Sincerely,.
4
40S,
,,,,_ 77/
Dominion Partnership
Gary Bergquist
GB/ak
RECE A
DEC l 1 Is3
ciTs c • ^s
466t 1. l 030
fl
iv
/ cu.
MEMORANDUM
TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: Amending Guidelines for Boards and Commissions
DATE: December 16, 1993
INTRODUCTION:
Attached is Resolution No. 3919 for city council
consideration. The resolution amends the current guidelines for
appointments to and operations of boards and commissions.
BACKGROUND:
You may remember that the current guidelines limit the number
of consecutive terms that an individual can serve on a board or
commission. Because some boards and commissions meet infrequently,
city council directed staff to amend the current guidelines so that
the term limitation only pertains to members on boards and
commissions that meet monthly or more frequently.
The attached resolution states that a member serving on a
board or commission that meets monthly or more frequently may serve
a maximum of three (3) consecutive terms.
This proposed amendment will permit members whose terms are
expiring the end of January, who have served three consecutive
terms, whose board or commission only meets a few times a year, to
be reappointed. Boards and commissions that will be affected by
this change include the Board of Review, Cable Commission,
Housing/Building Committee,
Police Civil Service and Energy and
Transportation.
ALTERNATIVES:
1. Amend current guidelines
2 . Do not amend current guidelines
RECOMMENDED ACTION:
Offer Resolution
AndOperations n9 , d
Appointmentsing the Guidelines for
ofBoardsand Commissions, and move
its adoption.
RESOLUTION NO. 3919
A RESOLUTION AMENDING RESOLUTION NO. 2847
WHICH ESTABLISHED GUIDELINES FOR APPOINTMENTS
TO AND OPERATIONS OF BOARDS AND COMMISSIONS
WHEREAS, on December 15, 1987, City Council adopted guidelines
for appointments to and operations of boards and commissions; and,
WHEREAS, it is the desire of the City Council to amend said
guidelines to limit the number of consecutive terms an individual
can serve for only those members serving on boards and commissions
that meet monthly or more frequently.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, that the guidelines adopted by Resolution
No. 2847 are hereby amended as follows:
Section B: Operations: II. Terms of Office:
All members shall be appointed for the term stated in the
City Code or in the enabling resolution establishing the
board or commission; however, said term may be terminated
early by the Council. A Member serving on a board or
commission that meets monthly or more frequently may serve
a maximum of three (3) consecutive terms. [Each member may
serve a maximum of three (3) consecutive terms. ] For purposes
of this policy, an incumbent at the time of writing of this
policy shall be considered to be serving his/her first term
and shall be eligible for two additional terms. Any person
appointed to fill the remainder of a term shall be eligible
for three terms, beginning on his/her next appointment date.
Adopted in session of the City Council
of the City of Shakopee, Minnesota, held this day of
, 1993 .
Mayor
ATTEST:
City Clerk
Approved as to form, City Attorney_
Note: The bracketed language [thus] is deleted; the underlined
language is inserted.
EXPLANATION TO ORDINANCE 366
ORIGINATING DEPARTMENT: Law Department
PURPOSE: To amend the Tattoo Ordinance to allow the use of
a dental chair and colored garments .
REMARKS : At the City Council meeting of December 7, 1993 ,
the City Council heard a request to amend the Tattoo Ordinance in
two ways . First, the applicant desired to have her customers sit
in a dental chair, rather than in a metal chair as required by
the ordinance . Second, she indicated that she wants to wear
surgical garments, which are colored, rather than white garments .
The City Council directed staff to prepare an ordinance
amendment to allow the applicant these options .
ACTION REQUESTED: Offer Ordinance No. 366 , an ordinance
amending City Code Chapter 6, Other Business Regulation and
Licensing, Sec . 6 . 55, Health and Sanitary Requirements, by
repealing Subd. 5, Skin Preparation, Aseptic Technique, and
enacting one subdivision in lieu thereof, and move its adoption.
Submitted by:
451[191
City Attorney
[CODE6 . 55]
ORDINANCE NO. 366 , FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER
6 , OTHER BUSINESS REGULATION AND LICENSING, SEC. 6 . 55, HEALTH AND
SANITARY REQUIREENAND BY ENACTING NEWING DSUBDIVISION. 5, SKIN RIN�LIEU N,
ASEPTIC TECHNIQUE,
THEREOF, RELATING TO THE SAME SUBJECT.
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS :
Section 1 - That City Code Chapter 6, Other Business
Regulation and Licensing, Sec. 6 . 55, Health and Sanitary
Requirements, is hereby amended by repealing Subd. 5, Skin
Preparation, Aseptic Technique, and enacting one subdivision in
lieu thereof, which shall read as follows :
SEC. 6 .55 . HEALTH AND SANITARY REQUIREMENTS.
Subd. 5 . Skin Preparation, Aseptic Technique.
A. Each operator shall scrub his or her hands thoroughly
before beginning to tattoo. Operators with skin
infections of the hand shall not tattoo.
B. Whenever it is necessary to shave the skin, a safety
razor must be used. A new blade must be used for each
customer. The razor shall be cleaned with soap and
water after each use and kept in a closed case when not
in use. All electric hair clippers shall be fully
sanitized.
C. The skin area to be tattooed must be thoroughly cleaned
with germicidal soap and water, rinsed thoroughly, and
sterilized with an antiseptic solution. Only single-
service towels and washcloths shall be used in the skin
cleaning process .
D. Tattooing shall not be performed on any area of the
skin where there is an evident skin infection.
E. After tattooing, a sterile dressing shall be applied to
the tattooed area.
F. All tables, chairs and operating furniture shall be
constructed of metal with white enamel or porcelain
finish or stainless steel, and shall be kept in a clean
f ini `` �`''
:.:::::..............::...0
condition. �> �;:::;�::>::< :::::.:::;:�:::.;:.:::::::.:::::::::.::::::: :::.;:..:::::::::.:.;:::::..:..........
and sanitary.... .......::::...::::::..;:;:;:..:;;;:.;>.:»::>:<.>;:.;::.; ::::>:: ::::>::>:;:.;:::,::.::�::::.:»::>:.;.::.;:::: ; ��:.:--�::-::><:>.;::::::::::::>;:::;�:::.e
<:::: �.:.:«:>:: ;:.::.;:�:::>::: eta :.:::::�haz. :�:::>:.;:� .;:.;;:>:;;:>:>:::: :<:>:.;:.;....:::::<:::: :.;:.;.:<:; <::.>::.:.;::..:.::.;.
:104:4.:;:;::»::> . :::::;b:O.;:.::e :.;:::.,;:»>: :::-::.>:.;::>:>:>:
�.....�..... .................
sss> ' ry
G. Every operator shall wear clean blid-colored whitc
washable garments when engaged in the practice of
tattooing.
H. Pigments used in tattooing shall be sterile and free
from bacteria and noxious agents and substances, and
the pigments used from stock solutions for each
customer shall be placed in a single-service receptacle
and such receptacle and remaining solution shall be
discarded after use on each customer.
I . All bandages and surgical dressings used in connection
with the tattooing of any person shall be sterile.
J. There shall be not less than one hundred fifty (150)
square feet of floor space at the place where the
practice of tattooing is conducted, and said place
shall be well-lighted and ventilated.
K. No place used for the practice of tattooing shall be
used or occupied for living or sleeping quarters, or
for any purpose other than tattooing.
L. No person shall practice tattooing while under the
influence of alcohol or drugs.
M. The operator shall provide the person tattooed with
printed instructions on the appropriate care of the
tattoo during the healing process.
N. No customer shall be tattooed while under the influence
of alcohol or drugs.
Note: The ea language is inserted; the otrikcout language
is deleted:.::;:
Section 2 - 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 Misdemeanor or Petty Misdemeanor, are hereby adopted in their
entirety by reference, as though repeated verbatim herein.
Section 3 - Effective Date. This ordinance becomes
effective from and after its passage and publication.
Passed in session of the City Council
of the City of Shakopee, Minnesota, held this day of
, 1993 .
Mayor of the City of Shakopee
Attest : City Clerk
Approved as to form:
City Attorney
Published in the Shakopee Valley New on the day of
, 1993 .
[CODE6 . 551
j
1i
{
1
r l
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Barry A. Stock, Assistant City Administrator
RE: 1994 Regional Transit Board Contract for Transportation
Services - Resolution No. 3927
DATE: December 14, 1993
INTRODUCTION:
Each year the City of Shakopee enters into an agreement with
the Regional Transit Board for transit service funding. In order
to continue transit service levels as they presently exist within
our community, the City of Shakopee must enter into an agreement
with the Regional Transit Board for funding in 1994 .
BACKGROUND:
On December 10, 1993 , staff received an agreement from the
Regional Transit Board that provides funding for our program in
1994 . The contract agreement simply establishes the amount of
funding for our program for 1994 and the process by which these
funds will be dispersed in the City. Due to the length of the
agreement I have not enclosed a copy with this memo. Copies are
available in my office if you wish to review one before the
meeting.
Attached is Resolution No. 3927, authorizing the appropriate
City officials to enter into a service contract agreement with the
Regional Transit Board to provide public transportation service in
Shakopee for the calendar year of 1994 . The resolution also
specifies that the City of Shakopee will not be responsible for any
transit deficit that may occur in conjunction with our transit
program.
The 1994 agreement provides funding in the amount of
$321, 242 . 00 .
ALTERNATIVES :
1 . Move to approve Resolution No. 3927 .
2 . Do not approve Resolution No. 3927 .
3 . Table approval of Resolution No. 3927, pending further
information from staff .
STAFF RECOMMENDATION:
Staff recommends Alternative No. 1 .
ACTION REQUESTED:
Offer Resolution No. 3927, A Resolution Authorizing the City
of Shakopee to Enter Into a Service Contract with the Regional
Transit Board to Provide Public Transportation Service in Shakopee
for Calendar Year 1994 , and move its adoption.
BAS/tiv
RESOLUTION NO. 3927
A RESOLUTION AUTHORIZING THE CITY OF SHAKOPEE TO ENTER INTO
A SERVICE CONTRACT WITH THE REGIONAL TRANSIT BOARD TO
PROVIDE PUBLIC TRANSPORTATION SERVICES IN
SHAKOPEE FOR CALENDAR YEAR 1994
WHEREAS, Minnesota Statute 473 . 388 provided the City of
Shakopee with the ability to replace Metropolitan Transit
Commission Service with their own transit programs; and
WHEREAS, the City of Shakopee has successfully operated their
own independent transit programs since 1984 which have increased
transit options for Shakopee residents without increasing transit
tax levy' s; and
WHEREAS, the City Council of the City of Shakopee believes it
would be in t erbestheirtownst of the City transit programs .
to continue to
independently opa
BE IT RESOLVED by the City Council of the City of Shakopee as
follows :
1 . The appropriate City officials be authorized to enter
into a contract with Regional Transit Board, to provide
public transportation service in Shakopee .
2 . That the City of Shakopee, Minnesota, agrees to provide -
0- percent of the transit project from local funds for
State Transit assistance and/or exurban funding.
3 . That authorization to execute the aforementioned contract
and any amendments thereto is hereby given tot he City
Administrator, City Clerk and the Mayor.
4 . That the City Administrator or the Mayor is hereby
authorized to execute requests for reimbursement from the
Regional Transit Board.
Adopted in Session of the City Council of the
City of Shakopee, Minnesota, held this day of
1994 .
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form.
City Attorney
/ y (4
MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR A( 4
FROM: DAVE HUTTON, PUBLIC WORKS DIRECTO
SUBJECT: TREE PLANTING AND MAINTENANCE GUIDELINES
DATE: DECEMBER 13 , 1993
INTRODUCTION
Staff is requesting a revision and update to the current tree
planting and maintenance guidelines.
BACKGROUND
Section 7 . 05 of the City Code provides that the City shall have
control and supervision of all trees and shrubs planted on all
street right-of-ways and public property. The code also provides
that the City Council shall adopt standards for this provision and
keep them on file in the City Administrator' s office.
The current standards were adopted by the City Council in 1982 by
Resolution No. 2087 . There have also been two administrative
policies adopted to further provide standards for trees, as
follows:
Administrative Policy No. 57 - Establishes tree planting
guidelines.
Administrative Policy No. 38 - Establishes a diseased tree
removal policy per Resolution No. 1857 .
Staff would like to revise the standards for trees, as well as
consolidate all the various resolutions and administrative policies
that apply to this issue. Attached are the revised standards for
tree planting and maintenance for City Council consideration.
The major change proposed to the standards is in the tree
maintenance policy.
The current maintenance policy indicates that the property owner is
responsible for trimming all boulevard trees adjacent to street
right-of-ways. Staff is proposing that the City be responsible for
trimming all trees on City property for the following reasons:
• There is a real safety need for keeping boulevard trees
trimmed. The tree branches can cause a hazard by covering
up traffic signing (i.e. stop signs) , or be a hazard to
pedestrians or cars due to low hanging branches over
sidewalks and streets. Low hanging branches cause a
hazard to maintenance vehicles, such as snow plows, and
service vehicles such as garbage trucks, school buses, etc.
These branches can strike the windshields of these vehicles
st
,
•
• 4..
4
4
because these vehicles are higher than automobiles causing
a safety hazard to the driver or breaking the branches off
creating other hazards. The current standards require
branches to be kept 9 feet above sidewalks and 12 feet above
roadways.
• The property owners are not doing the appropriate trimming
and haven't since this policy was adopted. A large majority
of the public has no interest in trimming the City trees, do
not feel that it is their responsibility to do so and do not
have adequate knowledge of proper tree pruning standards to
do a good job.
• Philosophically, staff feels that the City should be
maintaining City owned trees and the property owner should
maintain any private owned trees.
Attached is the revised policies regarding trees. There are 3
separate policies regarding a) tree maintenance, b) tree planting
and c) diseased tree program. Over the years, these policies have
been adopted by various ordinances, resolutions and administrative
policies. Staff is proposing to consolidate all these into a
single policy on file with the City Administrator as outlined in
the City Code, section 7 . 05. Attached is Resolution No. 3923 ,
which adopts uniform tree standards for the City.
ALTERNATIVES
1. Adopt Resolution No. 3923 .
2 . Deny Resolution No. 3923 .
RECOMMENDATION
Staff recommends Alternative No. 1. Staff does not feel that this
will have a major economic impact on the City because City crews
have been providing this service for over ten years already. The
Public Works Department typically budgets approximately $15, 000 per
year (out of a total budget of $700, 000) for the tree and weed
control program, with about half of that amount used for tree
maintenance.
ACTION REQUESTED
1. Offer Resolution No. 3923 , a Resolution adopting uniform
standards relating to tree and shrub control as provided by
section 7 . 05 of the Shakopee City Code and move its adoption.
2 . Offer Ordinance No. 367 and move its adoption.
Resolution No. 3923
A Resolution Adopting Uniform Standards Relating to
Tree and Shrub Control as Provided by Section 7 . 05
of the Shakopee City Code
WHEREAS , Section 7 . 05 of the Shakopee City Code indicates that the
City shall have control and supervision of all trees or shrubs
ic
ish
and
enforce
ic right-of-ways or on uniform standards relative treea and shrub s and acontroy lland
and enforce u
WHEREAS , Such standards shall be kept on file in the office of the
City Administrator and shall be made available to the public.
NOW, THEREFORE IT BE RESOLVED that the City Council of Shakopee
hereby adopts the attached standards for tree and shrub control as
listed below:
1. Tree/shrub maintenance standard.
2 . Tree/shrub planting standards.
3 . Diseased tree removal policy.
NOW, THEREFORE BE IT RESOLVED that Resolutions No. 1857 and 2087
and Administrative policies No. 38 and 57 are hereby repealed.
Adopted in session of the Shakopee City
Council held the day of , 1993 .
Mayor of the City of Shakopee
Attest
City Clerk
Approved as to form this day of , 1993 .
City Attorney
CITY OF SHAKOPEE
TREE/SHRUB MAINTENANCE STANDARDS
Boulevard Trees and Public Lands
The City of Shakopee will maintain all boulevard trees and public
trees so as to not cause a hazard by trimming branches, pruning,
etc. Trees that create hazards are those that are blocking street
signs, traffic control devices or street lighting, low hanging
branches that cause a pedestrian hazards or low hanging branches
that cause hazards to vehicles or trucks such as garbage trucks,
snowplows, etc. All tree branches will be kept a minimum of 9 feet
over sidewalks and 12 feet over streets and alleys.
Duties of Private Property Owners
Any trees that are located on private property, but overhang public
rights-of-way such as alleys or streets, shall be trimmed to the
same standards above by the property owner. If the property owner
does not trim the trees, the City shall notify the property owner
to trim the branches. If the trees are not trimmed within 7
calendar days of receiving notice the City will trim the trees with
City crews and bill the property owner for the work based on the
current hourly rates.
In no case will the City trim private trees that are not
overhanging onto public property.
Storm Damage
Any public trees that are damaged by storms will be maintained by
the City, including picking up all tree branches blown down.
Any private trees damaged or branches blown down due to storms
shall be maintained or disposed of by the property owner, unless
the City Council or Mayor declares a state of emergency. In that
case, the City will provide assistance in picking up and disposing
of storm damaged trees and branches.
CITY OF SHAKOPEE
TREE/SHRUB PLANTING STANDARDS
1. No tree or other vegetation shall be planted, placed or
allowed to remain in a position which the Public Works
Director determines to be or likely cause a traffic hazard.
2 . No tree or other vegetation be planted within City right-of-
way without a permit, which is issued by the City Engineering
Department.
3 . None of the following trees are allowed to be planted in the
City right-of-way:
All Elms
Red and Pin Oaks
Cottonwoods
Box Elder
4 . No trees shall be planted in present or future sidewalk right-
of-way.
5. Trees should not be planted closer than:
a. 15 feet from side yard property line.
b. 30 feet from property line on corner lot.
c. Trees should be planted at least 30 feet apart
from each other.
6. Caution should be exercised not to plant a tree directly on
top of water shutoff and sewer service lines.
7 . No trees or vegetation shall be planted within the sight
triangle of two intersecting streets, which is defined as 30
feet from each curbline. The only exceptions would be low
growing shrubs that are less than 3 feet high or trees that
have all branches trimmed higher than 9 feet from the ground
as approved by the City Engineering Department.
CITY OF SHAKOPEE
DISEASED TREE REMOVAL POLICIES
CONTROL AREAS
In accordance with state law, the City of Shakopee has designated
the populated areas of the City as the areas where the diseased
tree program will be enforced. A map is available in City Hall
designating the control ares. Basically, the control area is all
of the built up areas of Shakopee including all of the scattered
subdivisions.
In non-residential areas the control program will apply only to
those areas within 1/4 mile of non-farm homesteads. Final
determination of whether any area is included or not will be made
by the City Administrator if a question arises.
PUBLIC TREES
The City of Shakopee will remove, as quickly as possible, all
diseased trees located on public property. This includes trees
located on street boulevards and in City park areas. Anyone
finding a tree on public property which appears to be diseased but
which has not been marked, should report the tree to the City.
The City will remove public trees which are infected with Dutch
Elm, Oak Wilt Disease or all other diseases which cause the trees
to die.
PRIVATE TREES
The removal of diseased trees from private property is the
responsibility of the property owner, however the City does
provides several methods by which the trees can be removed by the
City and the removal paid for by the property owner, as follows:
A. Property Owner Removal
1. A property owner may remove a diseased tree or hire a
private contractor and dispose of the tree and branches
in an appropriate manner within the allowed 20 day period
after the tree has been marked and the owner notified.
2 . A property owner may remove a diseased tree or hire a
private contractor to take the tree down and place it
along the curb (not in the street) and the City will pick
up the tree and remove it. For this service the
following requirements must be meet.
a. Only trees with Dutch Elm or Oak Wilt will be picked
up by the City. Other types of trees will not be
removed.
b. The Public Works Department (445-2211) must be
notified three days in advance to allow them to
schedule the tree pick up on a timely basis.
c. Large tree pieces must be cut to 6 feet lengths or
less.
d. Branches must be piled uniformly with stems at one
end. or edge of
e. Trees must be placed next to the curb, g
street, not in the street and if possible not on the
sidewalk. The City crews will not go on private
property to pick up trees.
B. City Removal of Private Trees
The City will not remove diseased trees on private property
unless extenuating circumstances would require it. If the
Public Works Director determines that circumstances dictate
the City removal of private trees, the property owner must
request the City of Shakopee to remove a diseased tree. To do
this, the property owner must complete the appropriate forms
requesting removal and waiving their right to a public hearing
for assessing purposes. These forms must be returned to the
City as soon as possible and in no case after the 20 day
removal period has elapsed. The City can remove trees from
private property only if the property is zoned residential or
used for residential purposes and only if the property is
less than 5 acres.
PAYMENT OF COSTS FOR CITY REMOVAL OF PRIVATE TREES
All costs associated with removing the trees will be billed to the
property owner and if not paid within 30 days the property owner
will be assessed the total cost of the removal. The assessment
thanll bf totally
rees due
removed.one year unless the If more than four trees areowner
removedmore
the
than four
assessment may be spread over five years.
REFORESTATION
The City will, to the extent possible under the current budget
attempt to replace boulevard and park trees removed because of
o
disease by planting new trees. The reforestation program typically
takes place in the fall.
STUMP REMOVAL - PUBLIC TREES
Once a year the City will bid out and hire a contractor to grind or
ing on
Thall stumps
grind out stumps or
stumpsfor private trees, but
lic areas.
Thee City will
rather this is the property owners responsibility.
ORDINANCE NO. 367 , FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER
7, STREETS AND SIDEWALKS GENERALLY, SEC. 7 . 05, REGULATION OF
GRASS, WEEDS AND TREES ALONG STREETS, BY REPEALING SUED. 2 , DUTY
OF PROPERTY OWNERS TO CUT GRASS AND WEEDS AND MAINTAIN TREES AND
SHRUBS, AND ENACTING ONE NEW SUBDIVISION IN LIEU THEREOF,
RELATING TO THE SAME SUBJECT.
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS :
Section 1 - That City Code Chapter 7, Streets and Sidewalks
Generally, Sec . 7 . 05, Regulation of Grass, Weeds and Trees Along
Streets, is hereby amended by repealing Subd. 2, Duty of Property
Owners to Cut Grass and Weeds and Maintain Trees and Shrubs, ;and
enacting one new subdivision in lieu thereof, which shall read as
follows :
SEC. 7 . 05 . REGULATION OF GRASS, WEEDS AND TREES ALONG STREETS.
Subd. 2 . Duty of Property Owners to Cut Grass and Weeds and
Maintain Trees and Shrubs. Every owner of property abutting on
any street shall cause the grass and weeds to be cut from the
line of such property nearest to such street to the center of
such street . If the grass or weeds in such place attain a height
in excess of 6 inches it shall be prima facie evidence of a
failure to comply with this Subdivision. Every owner of property
abutting on any street shall trim, cut, remove, and otherwise
::>:::pro �.er y::<::wh
' ain all trees and shrubs...M.:.;:::;;:.::>::>;::.<.<:»:: > � .:::::.::..........
maintain
ati
::::::.::.::.::.::.;:::;:..;;;;::::::::::,:>;::;:>:;<::::;<:.:.;<::.; ;:<:;:>::::>::>:.:>: ::::<::>:>:.:>:..;>.::>::>::><:::.;
:.::::.. .........:..::.::.. . ..:. .: -of:»; a x ...axid wh h cremate a_.;ha . r<:><:.:>
oon€ ; ...�n unha ardoud: and lic It y condition, from t eof
Note: Thed ie language is inserted; the ctrikcout language
.::.:.:...:..<....;:::..: ..:;.
is deleted.
Section 2 - General Provisions . City Code Chapter 1,
General Provisions and Definitions Applicable to the Entire City
Code Including Penalty For Violation, and Section 7 . 99, Violation
a Misdemeanor or Petty Misdemeanor, are hereby adopted in their
entirety by reference, as though repeated verbatim herein.
Section 3 - Effective Date. This ordinance becomes
effective from and after its passage and publication.
Passed in session of the City Council
of :he City of Shakopee, Minnesota, held this day of
, 1993 .
Mayor of the City of Shakopee
Attest : City Clerk
Approved as to form: =a1 / City Attorney
Published in the Shakopee Valley News on the day of
, 1993 .
KEM:bjm
• [16MEMO] •
4
•
1
CONSENT
/qv
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerk
RE : 1994 Fee Schedule
DATE: December 16, 1993
INTRODUCTION:
Attached is Resolution No. 3924, Adopting the 1994 Fee
Schedule, for city council consideration.
BACKGROUND:
In December of each year city council adopts the fees for
various city services for the ensuing year. Staff is recommending
adjusting some of the fees for 1994 as explained below.
Electrical Inspection (page 4) - delete charge for inspection
forms .
Plumbing Permits (page 7) - increase charges for repairs and
replacements to adequately cover the cost of one inspection.
Fire Protection Equipment (page 10) - increase fees to cover
cost of expenses .
Sewer Permits (page 10) - increase fees to cover cost of
expenses .
Moving Permit (page 10) - increase fee to cover cost of
expenses .
Heating and Air Conditioning (page 11) - increase to
adequately cover cost of inspections.
Refrigerant Systems and Water Heaters (page 11) - delete
because these fees are covered under commercial mechanical and
plumbing sections.
Gas Piping Permits (page 12) - Commercial area is being
deleted and will be covered by the minimum fee being increased.
Service Availability Charges (page 13) - increase to reflect
increase by Metropolitan Waste Control Commission from $750 to
$800 .
Sewer Service Charges (page 14) - increase 1396- according to
earlier council direction; so as not to have an operational
deficit .
Police and Fire (page 14) - add a charge for copies of police
reports from the City Attorney.
Public Works equipment rental (page 15) - change rates to be
more consistent with the cost for rentals in the private sector.
See memo from Public Works Director attached.
Refuse/Recycling Collection Rates (page 16) - reduce to
reflect recent amendment to contract with Waste Management.
Application for Conditional Use Permit (page 18) - add a
$100. 00 charge for the renewals and amendments for home occupations
thereby reducing the fee from $200. 00 as it is for all other
conditional use permits. This reflects the lower original fee for
this type of CUP.
Application for Planned Unit Development (page 18) - increase
the fee for concurrent preliminary and final PUD's to $700 +
$35/acre which is the sum of the two fees. (The existing
concurrent PUD fee was not included in the 1992 update. )
Since there was a thorough planning department fee schedule
update done in 1992 and 1993 , the two aforementioned planning
department proposed changes are the only recommendations being made
at this time.
Engineering Fees (page 20) - a note is being added under the
inspections for private developments clarifying that the 7 1/5% fee
does not include inspection services done by SPUC.
The Park and Recreation Advisory Committee is recommending the
following changes in fees:
Swimming Pool Fees (page 21) - increase gate fees from $2 . 50
to $3 . 00 and eliminate fees for seniors 65 and over and children
under two. Eliminate fees for season tickets without the slide
pass. The combined season ticket/slide pass remains the same as
last year. Add a non-resident fee for instruction.
Seasonal Activity Fees (page 21) - increase non resident
additional fee from $5 . 00 to $10. 00.
Ballfield Rental (page 22) - add a rental charge for three day
events. Also add a charge for use of the lights.
Tahpah Park Concession Stand Rental (page 22) - add a charge
for use of the concession stand.
Community Building (page 22) - add the city hall community
room under these charges.
Park and Recreation Programs (page 23) - no increases in fees
are being recommended but the format has been simplified.
RECOMMENDED ACTION:
Offer Resolution No. 3924 , A Resolution Setting Fees For City
Licenses, Permits, Services and Documents, and move its adoption.
MEMO TO: Judy Cox
FROM: Dave Hutton
SUBJECT: 1994 Fee Schedule
DATE: December 14, 1993
Enclosed please find a copy of my revised fee schedule for 1994. The following summarizes my
requested changes from the 1993 fee schedule:
Public Works
Equipment Rental
1. A statement has been added for clarification indicating that the equipment rental rates
include an operator. Usually any equipment that is rented requires a public works
employee to operate.
2. Mowing Rates
Each year, the public works department bids out weed mowing services. Rather than list
specific hourly rates, staff would prefer to indicate that contract rates would be utilized.
3. Sewer Equipment (video, jetter, etc.)
This equipment is very high tech and expensive. Quite often, they require a minimum
of 2 employees to operate. The rates were increased to reflect more accurately the cost
to the City for operating this type of equipment. This equipment is mainly requested by
other, adjacent Cities but there are private contractors who perform the same service.
Staff does not feel that this equipment should be rented without with City employees
operating it.
Engineering Department
There are no major fee changes proposed in the Engineering Department. There is one statement
added to the private development section indicating that the 7 1/2% inspection fee for new
subdivisions does not include the SPUC inspection. Staff had contacted SPUC to see if they
would want to be included in a percentage fee but they declined and would prefer to do their own
billing.
At the time the inspection fees were discussed by Council, staff indicated that the 7 1/2% fee did
not include SPUC inspection time, but that if they wanted to be included, the fee could be
adjusted accordingly.
WETLANDS CONSERVATION ACT
The Wetlands Conservation Act allows Cities to collect a$75.00 administrative fee to administer
this act. This fee was included in the 1993 fee schedule and staff does not propose any revisions
(this fee is listed under the Planning Department).
DEH/pmp
FEES
RESOLUTION NO. 3924
A RESOLUTION SETTING FEES FOR CITY LICENSES,
PERMITS, SERVICES AND DOCUMENTS
BE IT RESOLVED, by the City Council of the City of Shakopee,
Minnesota, that the Fee Schedule dated January 1, 1994 , attached
hereto and made a part hereof is hereby approved and adopted in its
entirety.
BE IT FURTHER RESOLVED, that the Fee Schedule attached shall
become effective on January 1, 1994 , unless indicated otherwise
therein, and Resolution No. 3507 and all other resolutions
inconsistent herewith shall be repealed effective January 1, 1994 .
Adopted in Adjourned Regular Session of the City Council of
the City of Shakopee, Minnesota, held this day of
, 1993 .
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form.
City Attorney
Adopted 12/21/93 Res . No. 3924
FEE SCHEDULE
Shakopee, Minnesota
January 1 , 1994
Fees are listed by department and are to be updated annually.
CITY CLERK/Misc. Business Licenses FEES
Commercial/Industrial/Mortgage Revenue Bond Fees
1 . Application fee for Commercial/Industrial/ 1/10th of l% of
Mortgage Revenue Bonds amount issued with a
$2 , 500 minimum ani a
$6 , 000 max.
2 . Legal expenses as billed in addition to above
3 . Application fee for refinancing Commercial/ 1/20th of 1% of
Industrial/Mortgage Revenue Bonds amount issued with a
$1 , 250 minimum and
a $3 , 000 maximum.
4 . Legal expenses for refinancing as billed in addition to above
Tax Increment Financing Fees (Authorized by Res . 3221)
Application fee for Tax Increment Financing 5, 000 . 00
Movies and Theaters (Authorized by City Code 6 . 42)
1. Annual fee for showing 16 mm films $ 25 . 00
2 . Annual fee for showing 35 mm films (or larger) 100 . 00
3 . Annual fee for conducting theatrical play(s) 25 . 00
Scavengers (Dumping or discharge of waste)
(Authorized by City Code 6 .43)
$ . 98/1, 000 gallons or any part thereof plus $5 . 00 per billing
No permit nor fee shall be required for pumping and
cleaning cesspools and/or septic tanks .
Gambling/Binao/Raffles
Licensed through State Gambling Board, no City fees.
Minnesota Home Finance Agency Rental
Rehab Grant Application Fees (Authorized by Res . #3181)
1-4 Units $150 . 00
185.00 - 290.00
5-8 Units 325.00 - 570.00
9-16 Units 605.00 - 850.00
17-24 Units 885.00 plus $35
25 or more for each unit
in excess of 25
-1-
License for the Sale of Beer, Licuor, Wine, Set-un
License, Liquor License, Club License and Temoorary
Beer License (Authorized by City Code 5 . 06)
: c 312 . 00
1 . Annual fee for On Sale Beer License ense 12 . 00
2 . Annual fee for Off Sale Beer License 115 . 00
3 . Temporary Beer License 125 . 00
4 . Annual fee for Set Up License
5 . Annual fee for On Sale Wine License 1/2$2,000 Sale
ehLre iquor
is less
6 . Annual fee for On Sale Club License 300 . 00300 . 00
7 . Annual fee for Sunday Liquor License
8 . Annual fee for Off Sale Liquor License
150 . 00
9 . Application and Investigation fee for Off
Sale Liquor License, On Sale Liquor License,
or Wine License 330 . 00
a) If investigation within Minn.
b) If investigation outside Minn. City expenses up to $10, 000
with $1, 100 deposit
10 . Annual fee for On Sale Liquor License :
Customer Used Floor Area
Under 1, 000 3 , 705 . 00
, 390 . 00
1, 000 - 1, 999 4 4 , 390 . 00
2, 000 - 2 , 999 5, 765 . 00
3 , 000 - 3, 999 6, 445 . 00
4, 000 - 4, 999 '7, 140 . 00
5, 000 - 5, 999 7, 820 . 00
6, 000 - 6, 999 8, 510 . 00
7, 000 - 7, 999 9, 195 . 00
8, 000 - 8, 999 9, 875 . 00 •
9, 000 - 9, 999 10, 570 . 00
Over 10, 000
Other Business Regulations and Licenses
(City Code - Chapter 6 - all applicants require a
$5 . 00 application fee)
Peddlers (Authorized by City Code 6 . 21)
25 . 00
1 . Weekly License Fee 125 . 00
2 . Annual License Fee 150 . 00
3 . Six Month License Fee
Taxicabs and Drivers (Authorized by City Code 6 . 22)
250 . 00
1 . Annual fee 50 . 00
2 . Annual taxicab driver' s license fee 15 . 00
3 . Annual fee for each vehicle
Tobacco (Authorized by City Code 6 .23)
1. Annual fee for Tobacco License
15 . 00
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Show, Non-Transient Theme Parks,
Anuse;.ent Parks, etc .
(Authorized by City Code 6 . 24)
1 . Annual license fee equaling the number of rides 45 . 00/ride
x $45 . 00 75 . 00
2 . Show without rides As per agreement
3 . Non-Transient Theme Parks
Outdoor Performance Center
(Authorized by City Code 6 . 423)
1 . Annual license fee
500 . 00
Massace Center (Authorized by City Code 6 .40)
1 . Annual License Fee
300 . 00
2 . Initial license requires one time investigation 330 . 00
fee
3 . Investigation fee for each new employee 50 . 00
Masseur and Masseuse License Fee
(Authorized by City Code 6 .41)
1 . Annual registration fee 100 . 00
2 . Investigation fee
Rental of Pat Thielen Rodeo Arena
(Authorized by Resolution No. 1910)
Rental of arena for a period not to exceed seven
consecutive days:
a. Non-profit organizations within corporate 0 . 00
limits of City of Shakopee 200 . 00 or
b. Other non-profit organizations 15% of gross ticket sales
whichever is greater
200 . 00 or
c. Profit making organizations 15% of gross ticket sales
whichever is greater
Service Charge for Returned Checks
Hereby set as follows :
i . Service charge for each check returned
15 . 00
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BUILDING INSPECTOR/ELECTRICAL INSPECTOR
Electrical Inspection (Authorized by City Code 4 . :5)
1 . Payment of Fees : fees are due and payable to he City of Shakopee
at or before commencement of the installation and shall be
forwarded to the City of Shakopee . An additional $ . 50 Staze
Surcharge must accompany each permit plus Y . 50 for inspcct_cn
forms .
2 . Schedule . City £t.tc electrical inspection fees shall be paid
according to the following schedule .
3 . Fee for each separate inspection. The minimum fee for each
separate inspection of an installation, replacement, alteration, or
repair limited to one inspection only is $15 . 00 .
4 . Fee for services or power supply units . The inspection fee for
each service, change of service, temporary service, power supply
unit, addition, alteration, or repair to a service or power supply
unit shall be 0- to and including 200-ampere capacity, $15 . 00; for
each additional 100-ampere capacity or fraction thereof, $5 . 00 . A
separate request for electrical inspection shall be filed for
temporary services .
5 . Fee for circuits or feeders . The fee for each circuit or feeder,
or addition, alteration, or repair of such circuit or feeder
including the equipment served, and including circuits fed from
feeders, except as provided for in No. 6, items A to K shall be:
A. 0- to and including 100-ampere capacity, $4 . 00
B. For each additional 100-ampere capacity or fraction thereof,
$2 . 00
6 . Limitations and additions to the fees listed in No. 3 through 5
above.
A. The fee for a single-family dwelling, shall not exceed $55 . 00
if the electrical service is not over 200-ampere capacity.
This fee includes not more than three inspections . The fee for
a single family dwelling over 200- to and including 400-ampere
capacity shall not exceed $100 . 00 . This fee includes not more
than four inspections. These fees shall apply to each separate
service, and include the service, feeders, circuits, fixtures,
and equipment . The fee for additional inspections shall be the
reinspection fee in No. 8 . Multifamily dwellings with
individual services to each unit are computed at the single
family dwelling rate.
B. The fee for each farm building or farm structure with a service
not over 200-ampere capacity shall not exceed $55 . 00 . The fee
includes not more than three inspections . The fee for each
building or structure with a service over 200- to and including
400-ampere capacity shall not exceed $100 . 00 . The fee includes
not more than four inspections. These fees include the
services, feeders, circuits, fixtures, and equipment . The fee
for additional inspections shall be the reinspection fee in No.
-4-
8 . Pole-top current metering and pole-tcp disconnecting means
on the farm yard pole are exempt from inspection and inspection
fees .
C. The fee for each unit of a multifamily dwelling having three to
six dwelling units shall not exceed $30 . 00 . The fee for each
multifamily dwelling exceeding six units shall not exceed
$20 . 00 per dwelling unit . This fee includes only the wiring in
an individual dwelling unit and the final feeder to that unit .
The fee for the service and all other circuits shall be as
specified in No. 3 to 5, except that the fee for each house
panel shall not exceed $55 . 00 . A separate request for
electrical inspection is required for each building. The fee
for a two-unit dwelling or duplex shall he the same as for two
single-family dwellings .
D. Recreational vehicle parks fees shall be in accordance with No.
3 to 5 .
E . The fee for mobile home park stalls shall be $6 . 00 per unit
stall exclusive of the feeder to the mobile home with a minimum
fee of $15 . 00 per inspection trip. The fee for permanently
intalled feeders shall be in accordance with No. 5 .
F. In addition to the above fees, the fee for each street lighting
standard shall be $1 . 00 and the fee for each traffic signal
standard shall be $2 . 00 . Circuits originating within the
standard shall not be used when computing the fee.
G. In addition to the above fees, the fees for all transformers
and generators for light, heat, and power shall be $5 . 00 per
unit plus $3 . 00 per ten-kilovolt-amperes or fraction thereof.
The maximum fee for a transformer or generator in this category
is $40.00 .
H. In addition to the above fees, the inspection fees for
transformers for signs and outline lighting shall be $5 . 00 per
unit .
I . In addition to the above fees, unless included in the maximum
fee, the inspection fee for remote control, signal, alarm or
communication circuits and circuits of less than 50 volts shall
be $5 .00 per each ten openings or devices of each system plus
$2 . 00 for each additional ten or fraction thereof, with a
minimum fee of $15 . 00 per inspection trip.
J. In addition to the above fees, the inspection fee for each
separate inspection of a swimming pool shall be $15 . 00 .
Reinforcinig steel and bonding for swimming pools requires a
rough-in inspection.
K. In addition to the above fees, the fee for all wiring on center
pivot irrigation booms shall be $30 . 00 . The fees for all other
wiring for the irrigation system shall be as otherwise
specified in this part .
-5-
7 . Investigation Fees : Work without a request for electrical
inspection.
A. Whenever any work for which a request for electrical inspection
is required by the board has begun without firs: obtaining the
request for inspection, a special investigation shall be made
before a request for electrical inspection is accepted by the
board.
B. An investigation fee, in addition to the full fee required by
No. 2 to 6 , shall be paid before an inspection is made . The
investigation fee shall be equal to the amcu..:nt of the fee
required by No. 2 to 6 . The payment of the investigation fee
does not exempt any person from compliance with all other
providions of the board rules or statutes nor from any penalty
prescribed by law.
8 . Reinspection fee. When reinspection is necessary to determine
whether unsafe conditions have been corrected and the conditions
are not the subject of an appeal pending before the board or any
court, a reinspection fee of $15 . 00 , may be assessed in 'writing by
the inspector.
9 . Special inspection. For inspections not covered herein, or for
requested special inspections or services, the fee shall be $23 . 00
per hour, including travel time, plus 24 cents per mile traveled,
plus the reasonable cost of equipment or material consumed. This
provision is applicable to inspection of empty conduits and other
jobs as may be determined by the board.
10 . Inspection of transient projects. For inspection of transient
projects, including but not limited to carnivals and circuses, the
inspection fees shall be as specified herein.
The fee for inspection of power supply units shall be that fee
specified in No. 4 . A like fee will be required for power supply
units at each engagement during the season. Rides, devices, or
concessions shall be inspected at their first appearance of the
season, and the inspection fee shall be $15 . 00 per unit .
In addition to the fee for the power supply units, there shall be
a general inspection of each engagement during the season at the
hourly rate, with a two-hour minimum. In addition to the above
fees, inspections required on Saturdays, Sundays, holidays or after
regular business hours will be at the hourly rate, including travel
time . An owner of a migratory amusement enterprise shall notify
the City_ board of its season itinerary and make application for
initial inspection a minimum of 14 days before its first engagement
in the City otatc. For subsequent engagements not listed on the
itinerary sent to the City, Board, where the City, board is not
notified at least 48 hours in advance, a charge of $100 . 00 will be
made in addition to all required fees. Also a fee at the hourly
rate will be charged for additional time spent by the inspector if
the equipment is not ready for inspection at the time and date
specified on the request for electrical inspection. The fee for
reinspection of corrections is $15 . 00 for each reinspection.
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?lumbing Permits (Authorized by City Code 4 . 05)
1 . Alterations and Repairs - ..inimum Fee 16 . 00 12 . 00
• $ . 50 State Surcharge Tax
2 . New Construction
Residential - Minimum Fee 36 . 00
+ $ . 50 State Surcharge Tax
Commercial - Minimum Fee 60 . 00
+ $ . 50 State Surcharge Tax
3 . Residential Plumbing Permit Fees
All fixtures listed below will be figured at 6 . 00/each
Water Closet Water Softener +$ . 50 State
Lavatory (Basin) Bathtub Surcharge Tax
Floor Drain Laundry Tub
Sink Shower Stall
Disposal Dishwasher
Water Heater (Gas or Electric) Clothes Washer-Standpipe
Permit fees for rough-ins for future bathrooms will
be $5 . 00 per fixture . + $ . 50 State Surcharge Tax
4 . Replacements Only
Water Heater - Gas 16 . 00 12 . 00-
+ $.50 State Surcharge Fee
Water Softeners - New or replacement in other than
homes under construction (installer must be licensed
00 12 . 00
by the State Board of Health
+ $.50 State Surcharge Fee
5 . Commercial Plumbing Permit Fees
Water Closet, Lavatory (Basin) , Urinal, 7. 00
Individual Shower
Shower - Gang Type - Per Head 7 . 005 .20
Drinking Fountain 13 . 00
Dental Unit 7 . 00
Sink - Service or Mop 9 . 50
Flat rim, bar, counter, laboratory
Pot or Skullery 1 9 .509 . 0
Clothes Washer - First five units or less 4 . 00
Each additional unit
Floor Drain - 2 inch 7 . 00
3 and 4 inch 8 . 50
Catch Basin 9 . 50
Sewage Ejector 13 . 00
Sumps and Receiving Tanks 13 . 00
Water Softeners 19 . 00
Water Heater - Gas - Replacement Only 25 . 00
Commercial plumbing permits to be figured by the above fixture schedule
but at the same time the permit is to be issued, the permitee will
certify the contract price and the fee will be based on the above
method or 1.27% of the contract price, whichever is greater.
-7-
6 . Sewer and Water Connection
Sewer Connection 20 . 00
+$ . 50 State Surcharge Fee
Water Connection 20 . 00
+$ . 30 State Surcharge Fee
Combination Sewer & Water Connection 30 . 00
+$ . 30 State Surcharge Fee
Sian Permit Fees (Authorized by City Code 4 . 30)
Permanent $30 +
$ . 50/sq. ft .
-State Surcharge Fee
Temporary $25 . 00
=State Surcharge Fee
Buildina Permit Fees (Authorized by City Code 4 . 05)
Building Value Fees
$1 . 00 to 500 . 00 $15 . 00
501 . 00 to 2, 000 . 00 $15 . 00 for the first 500 . 00 plus
2 . 00 for each additional 100 . 00
or fraction thereof, including 2, 000 . 00
2, 001 . 00 to 25, 000 . 00 $45 . 00 for the first 2, 000 . 00 plus
9 . 00 for each additional 1, 000 . 00
or fraction thereof, to and
including 25, 000 . 00
25, 001 .00 to 50, 000 . 00 $252 . 00 for the first 25, 000 . 00 plus
6 . 50 for each additional 1, 000 . 00 or
fraction thereof, to and including
50, 000 . 00
50, 001 . 00 to 100, 000 . 00 $414 . 50 for the first 50, 000 . 00 plus
4 . 50 for each additional 1, 000 . 00 or
fraction thereof, to and including
100, 000 . 00
100, 001. 00 to 500, 000 . 00 $639 . 50 for the first 100, 000 . 00 plus
3 . 50 for each additional 1, 000 . 00 or
fraction thereof, to and including
500, 000 . 00
500, 001 . 00 to 1, 000, 000 . 00 $2, 039 . 50 for the first 500, 000 . 00 plus
3 . 00 for each additional 1, 000 . 00 or
fraction thereof, to and including
1, 000, 000 . 00
-8-
1 , 000, 001 . 00 and up $3 , 539 . 50 for the first 1, 000 , 000 . 00
plus 2 . 00 for each additional 1, 000 . 00
or fraction thereof
Other Inspecticns
Inspections outside cf normal business hours
(minimum charge - twc hcurs) 40 . 00/hr.
Reinspection fees assessed under provisions of
Section 305 (g) of the State Uniform Building Code 40 . 00/hr.
Inspections for which no fee is specifically
indicated (minimum charge - one-half hour) 40 . 00/hr.
Additional plan review required by changes, additions
or revisions to apprcved plans (minimum charge -
one-half hour)
40 . 00/hr.
Plan Check Fee : Single Family, Multi-Family Dwellings, ;
Commercial and Industrial Projects
65% of permit fee
A non-refundable plan review fee shall
be paid at the time of submitting plans
and specifications for review.
State Surcharge: Building Permits (These fees forwarded to the State
Treasurer)
Less than $1, 000 $ . 50
$1, 000, 000 or less . 0005 x valuation
$1, 000, 000 to $2, 000, 000 $ 500 + . 0004 x (Value - $1, 000, 000)
$2, 000, 000 to $3, 000, 000 $ 900 + . 0003 x (Value - $2, 000, 000)
$3, 000, 000 to $4, 000, 000 $1200 + . 0002 x (Value - $3 , 000, 000)
$4, 000, 000 to $5, 000, 000 $1400 + . 0001 x (Value - $4, 000, 000)
Greater than $5, 000, 000 $1500 + . 00005 x (Value - $5, 000, 000)
State Surcharge: Plumbing, Heating and Electrical Permits
Permit fee less than $1, 000 $ . 50
Permit fee more than $1, 000 Fee x . 0005
Certificate of Occupancy (Authorized by Res. No. 2604)
Commercial/Industrial - . 005 times the value of the project,
or $500 . 00, whichever is greater
Residential - . 005 times the value of the project
with a $500 . 00 maximum
-9-
300 of the fee shall be refund when a final cer:ificate of
occupancy is issued.
Fast Tracking Issuance of Building Permits (Authorized by Res . #2604)
Fast tracking building permit .rccess - City expenses up to 100%
of building permit fee
with a 3C-% deposit
Grading Plan Review Fees
50 cubic yards or less No fee
51 to 100 cubic yards 15 . 00
101 to 1000 cubic yards 22 . 50
1001 to 10, 000 cubic yards 30 . 00
10, 001 to 100, 000 cubic yards - 30 . 03 for the first 10, 000 cubic
yards, plus 15 . 00 for each additional 10, 000 cubic yards or
fraction thereof.
100, 001 to 200, 000 cubic yards - 165 . 00 for the first 100, 000 cubic
yards, plus 9 . 00 for each additional 10 , 000 cubic yards or fraction
thereof .
200, 001 cubic yards or more - 255 . 00 for the first 200, 000 cubic
yards, plus 4 . 50 for each additional 10, 000 cubic yards or fraction
thereof .
Grading Permit Fees
50 cubic yards or less 15 . 00
51 to 100 cubic yards 22 . 50
101 to 1000 cubic yards - 22 . 50 for the first 100 cubic yards plus
10 . 50 for each additional 100 cubic yards or fraction thereof .
1001 to 10, 000 cubic yards - 117 . 00 for the first 1, 000 cubic yards,
plus 9 . 00 for each additional 1, 000 cubic yards or fraction thereof.
10, 001 to 100, 000 cubic yards - 198 . 00 for the first 10, 000 cubic
yards, plus 40 . 50 for each additional 10, 000 cubic yards or fraction
thereof .
100, 001 cubic yards or more - 562 . 50 for the first 100, 000 cubic
yards, plus 22 . 50 for each additional 10, 000 cubic yards or fraction
thereof .
Moving Permit 50 . 00 35 . 04
Fire Protection Equipment hereby set as follows :
- - - z ' z- - -_- - - - - ° - - - -_ - _ -
plu3 $. 50 Statc Curchargc Tax.
Sprinkler Systems shall be computed at $15 . 00 for the first 10 heads
and $4 . 50 for each additional 10 heads or part thereof, and $25 . 00 per
hour fee for plan check plus State Surcharge . Tax.
-10-
Repair and miscellaneous work shall be computed at 1 . 27% of the
contract price olus State Surcharge .
Individual On Site Sewer Ccwago Di3po3a1 Permits hereby set as follows :
Residential : Ccwaga D 3pc3al 50 . 00 37 . 50
Commercial : £cwaga Oispocal 1 . 27% of 37 . 50
Contract Amount
Heating, Air Conditioning, Refrigeration, and Ventilation Permits
hereby set as follows :
Minimum Fee 16 . 00 0 . 00
+ $ . 50 State Surcharge Tax
Single Family Residence 40 . 00 24 . 00
+ $ . 50 State Surcharge
Central Air Conditioning (at the time 6 . 00 •
of new construction) + $ . 50 State Surcharge Tax
Rcfrigcra.t Syctcm.t Permit Tcca
3 horscpowcr cr less 9 .00
ovcr 3 to 15 hor3cpo:zcr 12 . 00
ovcr 15 to 50 horsepower C0 . 00
Altcrtion3 and rcpair3 Minimum Fcc
Commercial fee shall be computed at 1.27% of the contract plus
State Surcharge Tax.
in3tallatior_z.
Tank & Piping Permits hereby set as follows :
Underground fuel storage tanks and piping permit fee to be 1 .27%
of contract plus State Surcharge Tax.
Watcr Iloatcr3 Now (Including Pool I:c tcrs) hcrcby act a3 follow3 :
for inpk*ts net cxcccd-n-g 1849, 0-9-8 BTU 1_
100, 001 to 200, 0-00 BTU 13 .00
200, 0-01 to 3-00, 000 BTU 15 . 50
300,001 to 58-0, 08-0 BTU 16 . 00
£00, 001 to 78-0, 0-00 BTU 38. 00
700, 001 to 1, 000, 000 I3TU 50 .00
Any fixturc not listed abovc 8 .00
-11-
Rain water Loaders all stacks 1: stori_a cx less 12 . 00
all stacks c•::r 10 :torics
Area Roof Drains (each) 7 . 50
Lawn Sprinkler Systems - Residential 30 . 00
Lawn Sprinkler Systems - Commercial (This fee includes
water connection from building piping to yard side
of siphon breaker) 30 . 00
Co----crcial heating permits to befigured by the above fixture
schedule but at the time the permit i3 to ho issued, tho
per: itcc will certify the contract price and the fcc will-be
bacod on the above method Cr of the contract price,
whichever i3 greater.
Gas Piping Permits hereby set as follows :
Minimum Fee 16 . 00 : . co
+ $ . 50 State Surcharge Tax
Residential - Each fixture or app__cance 2 . 50
+ $ . 50 State Surcharge r=%aii and Repairs - Minimum Fee
Where the gas piping is divided between two contractors such as
the Heating Contractor installing the gas line to the furnace
and the Plumbing Contractor doing the balance of the gas piping,
each contractor shall take out a Permit.
Commercial
For installation of piping up to and including
two (2) inches in size, providing not over
three (3) openings 11 . 00
and for each additional opening 3 . 00•
For installation of piping exceeding two (2)
openings 14. 50
and for each additional opening 4. 00
Enameling ovens, retorts and similar gas burning
water heaters .
Steam Generators for process use (pressing, dry
heating code.
Housing Code Certificate of Occupancy Fees
(Authorized by Ordinance No. 261)
CLASS 1 : 1-3 units rental
- Due every five years
-12-
Initial inspection 40 . 00
1st Reinspection 00 . 00
Each additional inspection thereafter 30 . 00
Deduct $1D . 00 for each Section 8 unit .
CLASS 2 : 4+ units rental
- Due every three years
Initial each building 50 . 00 +
5 . 00 per unit over three
1st Reinspection 00 . 00
Each additional inspection thereafter 50 . 00
Waive $5 . 00 unit charge for every Section 8 unit,
and deduct $10 . 00 from initial fee per building if
it contains any Section 8 units . If entre building
is Section 8, then fee is $10 . 00 maximum.
CLASS 3 : Cor--ercial plus residential rental
- Due every three years
Initial each building 50 . 00 +
5 . 00 per unit
1st Reinspection 00 . 00
Each additional inspection thereafter 40 . 00
Waive $5. 00 unit charge for every Section 8 unit,
and decuct $10 . 00 from initial fee per building if
it contains any Section 8 units .
Transfers : Any action certificate may be transferred to a new
owner for a fee of $10 . 00 . An owner may apply for a new
certificate at any time for the full amount of the appropriate
fee listed above.
Appeal Fees
Appeal to Building Code Board of Adjustment and Appeals $85 . 00
Appeal to Housing Advisory and Appeals Board $85 . 00
Appeal to City Council $85 . 00
Standard Service Availability Charge (SAC) Units for Various
Commercial, Public, and Institutional Facilities will be applied as
Mandated by MWCC. (These fees forwarded to MWCC)
Residential SAC Charge (Mandated by MWCC) (These fees forwarded to
MWCC)
Residential S800 750/unit
Water Availability Charge (WAC) (These fees forwarded to SPUC)
Fees are set by SPUC by resolution.
-13-
ADMINISTRATION/FINANCE - hereby set as follows :
Office Charges hereby se: as fcilows :
1 . Assessment Searches 10 . 00
2 . Partial Release of Developers Agreement 10 . 00
3 . Copy fee
General Public . 20
Other governmental/non-profit public service . 07
Sewer Service Charces (Author-zed by City Code 3 . 02)
1 . Quarterly service charge 12 . 00 10 . 5:
2 . For every 1, 00:1 gallons or part thereof of metered
flow or water usage 1 .42
3 . Charge for unmetered residential water accounts
or new accounts . 11 . 10 0 . 3 /month
POLICE/FIRE
Report Conies hereby set as follows :
1. Up to 10 pages 10 . 00
2 . 11 and over pages 1 . 00/ea.
3 . Taped Statements (audio) 10 . 00
4 . Taped Statements (video) 30 . 00
5 . State Accident Reports 5 . 00
6 . Drivers License Printout 4 . 00
7. Computer Researched Reports 30 . 00 1st hour
(does not include duplication costs) 15.00 for every
hour thereafter
8 . Police Reports from City Attorney 10 . 00
Towing and Impounding of Vehicles hereby set as follows :
Towing and impounding is done by a private contractor having
appropriate impounding facilities. Fees are set by contractor.
Dog Licenses, Impounding Fees, etc. (Authorized by City Code 10 . 21)
1 . Dog Licenses (good for the life of the dog) 5 . 00
2 . Duplicate license 1. 00
3 . First impoundment 10 . 00
4 . Second impoundment 25 . 00
5 . Third and successive impoundment within a 12-month
period 50 . 00
-14-
6 . Amount charged per day when ccnfined to the Pound 5 . 00
7 . In the case of an unlicensed d:.g or a dog for whom proof
of a current rabies vaccination cannot be shown, there
shall be an additional penalty of $5 . 00 .
8 . Large animal impoundment
25 . 00
9 . Large animal board per day
10 . 00
Large animals are defined as animals other
than household pets ie; horses, cows, sheep.
PUBLIC WORKS
Ec•.:_nment Rental hereby set as follows :
(Minimum Rental Time 1 Hour. All drivable
eauinment rates include ooerator)
Caterpiller Grader (private) 88 . 00/hour78 . 00/hour
(State snow removal)
Front end loader (Fiat-Allis) private 90 . 00/hour
(State snow removal 2-1/2 yd. w/blower) 75 . 12/hour
Front end loader (Case) private 90 . 00/hour
(State snow removal 2-1/2 yd. w/o
blower) 78 .33/hour
Elgin street sweeper
82 . 00/hour
Elgin sweeper (State contract-twice/yr)
58.30/hour
Roscue Side Broom 44.00/hour
2-1/2 ton dump truck (single)
55 . 00/hour
2-1/2 ton dump truck w/plow
71 . 00/hour
5 ton dump truck (tandem) 71. 00/hour
3/4 ton pickups (w/plow add 10 . 00) 44 . 00/hour
5 ton tandem truck 2 w/plow
77 . 00/hour
49.00/hour
Water tanker/flusher
38.00/hour
Trash compactor
Mower tractor (turf type) Contract Rates 14 .00/hour
Weed Mowing (rough) Contract Rates 50 . 00/hour
Asphalt roller (1-1/2 ton)
22 . 00/hour
28 . 00/hour
Pull paver
71 . 00/hour
Steamer (w/tender) -15-
Bobcat 55 . 00/hour
39 . 00/hour
Raygo alley grader
44 . 00/hour
Wood Chipper
Post hole digger (tractor mounted) 44 . 00/hour44 . 00/hour
(w/o tractor)
Power auger (hand held)
17 . 00/hour
Sign replacement/installation 100 . 00/sign
(w/o post less $10 . 00)
Street sicn installation in new subdivisions
(ter each sign pole) 250 . 00
Sewer rodder 50 . 00/hour
Video sewers (wjcassette add $20 . 00/each) 1:0 . 00 ;=5 . 00/hour
Sewer jet cleaning
:0 . 00 :s . co/hour
Vacuum Inductor 75 . 00 :0-S . 00/hour
Barricades w/flashers 10 . 00/barricade/day
Barricades w/o flashers 7. 50/barricade/day
2 . 00/cone/day
Cones
Butuminous Street Repair 2 . 50/sq.
ft.
Asphalt or Cold Mix $30/ton
RefuselRecvclira Collection Rates (Authorized by City Code 3 . 02)
• 1 . Urban Residence
30 gallon 12 .80 13 . 04
60 gallon 13 . 66 1"_ .74
Extra Service Coupon 2 . 50
Extra 60 gallon container 13 . 66 1 .74
2 . Rural Residence 15.78 10 . 18
30 gallon 18 .47
60 gallon 20 .08 .2-0---G
90 gallon 2 .50
Extra Service Coupon
* All rates include City billing, admin. and sales tax.
3 . Refuse/Recycling Collection License
100.00 yr
-16-
PLANNING - hereby set as follows:
I . INFORMATION/DOCUMENT FEES
Long Range Planning Documents
Comprehensive Plan 50 . 00
1991 1996 1994-1999 Capital Improvement Program 20 . 00
City Codes
Chapter 4 Sign Regulations 3 . 00
Chapter 11 Zoning Ordinance 20 . 00
Chapter 12 Subdivision Regulations 10 . 00
Chapters 1-25 Entire City Code 50 . 00
Agenda/Minutes (Annual)
City Council Agenda 15 . 00
Planning Commission Agenda 15 . 00
City Council Minutes 35 . 00
Planning Commission Minutes 35 . 00
Maps
City Map (small) 1 . 00
City Map (large) 3 . 00
Zoning (22"x34") 3 . 00
Any Printed Maps (blueprint) . 50/sq. ft .
Topography Maps 30 . 00
Reproducible Maps 10 . 00/ea
Auto Cad Plotted Maps 10 . 00/ea
Services
Zoning Verification Letter 20 . 00
II . COMPREHENSIVE PLAN AMENDMENT
Major Amendment $1, 000 . 00
Minor Amendment 500 . 00
III . LAND DIVISION ADMINISTRATION FEES
Major Subdivisions
Preliminary Plat $330 + $6/lot
or $200 + $4/acre,
whichever is greater
Preliminary & Final Plat Concurrently Preliminary fee
plus final fee
Final Plat 150 . 00
-17-
Minor Subdivisions
Lot Split/Lot Reassembly 100 . 00100 . 00
Registered Land Surveys
Vacations
Vacations of Public Easements 100 . 00
Vacations of Rights-of-Way 100 . 00
Park Dedication Fees
Refer to Section 12 . 07, Subd. 5 of the Shakopee City Code
Wetlands
Certificate of Exemption review process . 75 . 00
IV. LAND USE ADMINISTRATION
•
Application for Appeal of City Administration Decision
Appeal to Board of Adjustment and Appeals 100 . 00
Appeal to City Council 100 . 00
Application for Variances
Single Family Residential 85 . 00
All others 150 . 00
Appeal to City Council 85 . 00
Application for Conditional Use Permit
Home Occupations 100 . 00
Home Occupation Renewals and Amendments 100 . 00
All Other Conditional Use Permits 200 . 00
All Other Renewals and Amendments 200 . 00
• Appeal to City Council 100 . 00
Mineral Extraction and Land Rehabilitation Permit
200 . 00
+ $2, 500 cash deposit
+ all administrative costs **
+ all consultant fees ***
Application for Planned Unit Development
+
Preliminary Development Plan $400$ 00acre+
Final Development Plan $30000
Preliminary and Final Development Plan Concurrently 00 34-5-9-z-04
0/070000 ..
00.
Amendment to Final Development Plan 200
+ $1, 000 cash deposit200 .
+ all administrative costs **
+ all consultant fees ***
Application for Environmental Review
Discretionary Environmental Assessment Worksheet
No fee
-18-
, �OC . 00
Required Environmental Assessment Worksheet 1 , J00 . 00
Required Environmental Impact Statement
Zoning Ordinance Amendments
Map Amendments 250 . 00
Less than 2 . 5 acres 250 . 00
Greater than 2 . 5 acres
Additional Notices - Applies to all types of appl_caticns
Rezoning Applications :
Per Published Notice, in excess one published 25.00
notices for each of two hearings
Per Mailed Notice, in excess of 100 notices 1.50
for each of two hearings
All Other Anolications
Per Published Notice, in excess one published 25,00
notice for one hearing
• Per Mailed Notice, in excess of 100 notices 1.50
for one hearing
NOTES FOR THE PLANNING DEPARTMENT FEE SCHEDULE
* Cash Deposits - Actions requiring cash deposits must be paid at the
time of the application submittal . Cash deposits are held by the
City to ensure adequate payment. A bill for the appropriate costs
will be sent to the applicant and if not paid will be obtained from
the cash deposit. The City Administrator has the right to amend
the cash deposit requirements . Deposits will be place in escrow.
** Administrative Costs - Actions requiring payment for administrative
costs may be billed to the applicant . Administrative costs may
include but are not limited to the following: staff time,
publishing costs, copying, printing and mailing.
Department Fees
45 .00/Hour
City Planner 35.00/Hour
Assistant City Planner 25 .00/Hour
II
*** Consultant Fees - Consultants may be required by the City to review
development proposals incl C Consultant lbut not tes limited
be tobasedtraffic
nd
water management issues .
prior written proposal and agreement . Fees will be placed in
escrow.
-19-
ENGINEERING - hereb set as follows:
=--gineerinct Fees
:epartrent fees for Public Ir tr'ovemen: Pro-jects
A. Private Developments
A lump sum of 7 1/20 of the estimated construction costs for
the project using the following breakdown:
Administrative fee - 1
Plan Review fee - 2%
Inspection fee - 4 1/20
Total - 7 1/2%
Any direct costs incurred, such as material testing, are not
included and will be billed back directly to :he developer.
SPUC inspection services are not included in :his fee .
3 . City Projectslus a
The actual hourly rates of the employees will be used p
multiplier of 2 . 9 for benefits, overhead, etc.
A 1% project administration fee will be charged to all
projects.
Other costs incurred
will 1 d ded
in us' etc . )
) e actual costs
(i.e . consultants fees,
C. Miscellaneous Engineering Work
same as the City projects.
Permit Review
30 . 00
1 . Commercial
15 . 00
2 . Residential
3 . Recheck at 1/2 the original fee
Plan, Plat and Report Review
30 .00
1 . Review
2 . Plus hourly rate
3 . Recheck at hourly rate
Storm Water Drainage Utility
10 . 32/
City-wide special benefit fee quarter/
(Payment due within 30 days - a penalty Rqua-aere
of 5% per quarter added to past due amount)
*Residential equivalent factor
10 . 00
Flood Plain Verification
•
Reproducable Maps - See page 22
-20-
Permit to Work in Public Right-of-Way fees set as follows :
Permit to work in public right-of-way - first inspection 25 . 00
other multiple inspections - hourly rates
When work in public right-of-way requires the submittal of plans
and specifications, review of the plans shall be charged in
accordance with the hourly fees approved for the Engineering Dept .
Lot Corner Field Search Survey (with metal detector only)
25 . 00
Only corners found will be marked (non-refundable,
no guarantees)
This is not a legal survey or any verification that lot corners found
are in the correct location, but simply an attempt to locate any
existing lot corners that are in the ground.
PARRS AND RECREATION - hereby set as follows:
Municipal Swimming Pool Fees
Gate Fees : (includes pool and waterslide for the day)
Adults and Children $3 . 00 2 . 50 Children (under 19)
Seniors 65 or over & children under 2 years FREE 2 . 50 Adult3
Non Rcoident
Season Tickets/Slide Pass
Family - Resident $50 . 00
Individual - Resident $33 . 00
Family - Non-Resident $60 . 00
Individual - Non-Resident $43 . 00
Instruction $15 . 00
Resident $25 . 00
Non Resident
Water Slide $1. 50- Tcn Ride Ticket
2 . 50 Afternoon or Evening Paoo
Non Reoident
New! Water3idc Sca3on Pags $30. 0-0 Family $40 . 00
25 . 00 Individual 35 . 00
Seasonal Activity Fees :
$13 . 00
Youth $20 . 00
Adults (includes participants employed full time
by a Shakopee Business) Other Activities assessed
on a proportional basis .
Additional Non Resident Activity Fee : Youth & Adult $5 . 00 g2.00
2 .
„ . Adult3 20 . 00
•
proportional baoi3_ --- (Come arc 1 day) -
-21-
c-- - - -
Picnic Shelter Rental
e
a
No charge
Shakopee Youth/School groups (weekdays only) N$ ch
rg
Shakopee Residents and Non-Profit Groups $ 45 . 00
. 00
Shakopee Corporate/Business $ 5 . 00
Non Resident Group or Corporate/Business
Picnic Kit Rental Schedule
Volleyball Set (net & ball only) per day or weekend $ 5 . 00
day/wcckcn d $ 4 . 00ex
Horseshoe per day or weekend
day/wcckcrd
Ballfield Rental for TourfamcnV3
$20 . 0.0 per ficld$
One Day/per field 30 . 00 per =icld
Two Day/per field 30 . 0
Three Day/per field $40 . 00
Lights per field/Der night
(Groups requiring lights must hire an attendant at the rate of S10/per
hour to operate the lights . )
Tahpah Park Concession Stand Rental
Per Day (Plus refundable Damage Deposit $50)
50 . 00
Community Building
(Youth Building, City Hall Community Room)
Community Youth Groups
No Charge
Scouts, 4-H, Youth Athletic Associations
Schools, City and County
Senior Citizen Groups
No Charge
Community Organizations, Familic3 and $75 . 00 pe -
Individuals/per day $50 . 00
day
Plus Refundable Damage Deposit
Local Businesses/per day (Weekends only - Training Purposes) . $100 .00
Plus Refundable Damage Deposit $ 50 . 00
Out of Town Groups (Limited to Non-profit Youth Groups . . $75 . 000
Plus Refundable Damage Deposit
Note: Fees waived for .roues utilizin• Cit Hall Communit Room
durin• normal Cit Hall business hours for less than two
hours .
-22-
PARK & RECREATION PROGRAA.S
Youth: Adult:
35 . 00
3/4 Cheerleading $15 . 00 Doc; $
Obedience 35 . 00
5/6 C^eerleadinq 19 . 00 Puncv Obedience 25 . 00
5/6 Volleyball 20 . 00 Ocen Gym 30 . 00
Golf Lessons 25 . 00 Adult Golf 30 . 00
Tennis Lessons 18 . 00 Adult Tennis
Plavcround Events 1 . 00 Fall Softball 250 . 00
(or free) (cer/teas:.
Day Camp 35 . 00
T-Ball 20 . 00 Hourly Rate Activities : S 2 . 00
Near Sall 20 . 00 Adult Exercise
KIDS 20 . 00
Archery 21 . 00 Adult Seasonal Team Sports:
Hershey Track 2 .00 Team Activity Fee $20 , 00 or
Jr. Team Tennis 27 . 00 /cer player
Special Events 2 . 00 - 5 . 00 /cer Team 160 . 00
Men' s Basketball
Hourly Rate Activities: Men' s Volleyball 160 . 00
Gymnastics
$ 4 . 50 Women' s Volleyball 160 . 00
Adult 3roo~:ball 240 . 00
Trips: Adult Softball 300 . 00
Variable Fee Based on: Church Softball 20 . 00
Admission Cost + Baseball
Transportation
+ Supervisory divided by 30 . (Using
eTahoah Park field)
Town am $300 . 00
300_. 00
Youth Activity Fee: $ 13 . 00 OverLegion 35 League 300 . 00
3/4 Flag Football
5/6 Tackle Football Shakopee Showcase:
3/4 Basketball (Boys/Girls)
5/6 Basketball (Boys/Girls)
Commercial Exhibits $ 20 .00
7-9 Basketball (Boys/Girls)
Jr. High Ski Club
3/4 Baseball & Softball
5/6 Baseball & Softball
Jr. Baseball & Softball
Mickey Mantel Baseball
Jr. Fastoitch Softball
1-6 Wrestling
-23-
:-....2K cc -- , ICN AC:IVITI=S
T.,T T WINTER
C J,0- Kamp3 Skate
�o1 lc-:'f-a C ^� . 3
44
_gurO ,�atiY L L
Dog �� die. 23 . 00 - _.. _ 2 . 00
C acrlcadirgv 13 .04 7amily - '�_. :ti__ 3 .
:all cY' :ct_co ' . 0 �yl �:ripJ - -c ' 3 . ^0
Adult Pxcroi-a 23. 00 01 aT- " ?_ . 50
�rdult ,_c.... • 0�[3� ^to cv '1::. � 21 13 . 00
J.,)., C a.. . v 2 . 0-D / �' .. a.� -' J 12 . 00
Snowmobile Ea=et 2 . 00 lcm ;�rast1
7/8 Cray Country
Y 13-. 00 7...ch _Kc all 3 . 00
7/3 Volleyball ▪ 08 _cg Cbed-onca 32 . 00
7/3 7res1 3 . 03 Adult Pxarcies 233 . 03
33 . 00
A / /C T,o, , ,,- al' 13 . 00 -t rooml-a--
!, 7.„~,1,_7 1 13 . 03
7/3 7octball 12 . 00
3/4 3_-'cctball 133 . 00
5/G __ l 12 . 00
7/3 3z;.::cetba_l 13 . 00
Jr.High Ski Club 13 . 00
Mcn' s Ba3:ccthall _.70 .
00
Mc n' 3 V 1, c b l l ' 'C . 00
Wcmen' s Vollay ..1l 100 . 00
Z7ZCC Co chca
Training 2 .00
IIockcy Assoc . 13 . 00
SPRINTC cum=
Spring ymnatic3 $x . 00 Summer Tripe $ 8 . 00
C n�
Rollcrokatc Trips 5 . 50 P1 aygrcund B v cnt3 varies
3/4 raccball 13 . 00 Day Camp 30 . 00_
. :
1 . 00
7/8/9 3aacball 13 . 80 S1ootcr^ Camp 7 . 000
M..4antic 3accball 13 . 00 Volleyball Camp
3a3cb,11 Camp 7 00-
Youth coli Lc:for_s 27 . 0-0 10 . 00
Ad. l t Coif T es-cnc 25 . 00 occcr 10 . 00
Youth Tcnnic Leoccn 17 . 00 T Ball
23 . 00- Near "all 19 . 00
Adult Tennis =ccac= -�;c}3 i: Dcv. Sports 19 . 00-
Dcg Cbcdic:ca 35 . 09 - 19 . 00,
Adult 3_xcrci 33-. 8-e Archery 2 . 00
NYSCA Training 2.a-0 TIcr3hcy Track 2 . 00
S .00- Jr. Tcam Tcnnio
Showc�cc/non profit
Chown 3c/co'-Mcrcial 25 . 0-0 Picnic Shcltcr Rcnt
r�mil
3/4 Scrtball 13 . 8-0 Y/non profit 25 . 00^_-S=445/G Softball 13 . 00 Local Businc33 55 . 00
7/3/9 Softball 13 .4-0 N resident
? Vollc ball :Ci` :tent 5 . 90
?�cn' 3 Softball 00 . 00 Y � �,
Women' s Softball 300 . 0.0 :Torse �
shce Kit rent
Co Rcc Softball 3^,-8 . 0-0- 3allficld Rental 30 . 00
Church Softball 1 J20 . 00 Summer Cymna3tic3 25 . 00
Town Team Ba3cball 300 . 00
Legion Baseball 3.00 . 00
over 35 Base all 300 . 00
-24-
OTHER - hereby set as follows :
1 . Application fee for variance from or amendnen. to
the cable franchise ordinance 25 . 00
PLUS
Costs of consultants hired to assist the City in
considering variance applications will be billed
to applicant based on actual cost to the City.
Notification will be sent to applicant that
consultants will be utilized when that deter-ina-
tion has been made.
-25-
1O1'\JSEi\Ii �y
MEMO TO: Dennis Kraft, City Administrator
FROM: Dave Hutton, Public Works Director
SUBJECT: Wetland Act
DATE: December 14, 1993
INTRODUCTION:
Attached is Resolution No. 3925, which adopts the permanent rules for the Wetlands
Conservation Act.
BACKGROUND:
The Wetlands Conservation Act was enacted by the legislature in 1991. The law required the
Board of Water and Soil Resources (BWSR) to prepare rules for administering this act. Up until
now, all Cities have been following the interim rules for the act.
BWSR has now completed the permanent rules and these rules go into effect January 1, 1994.
These rules replace the interim rules.
One of the requirements in the rules is that Local Governmental Units (LGU) must administer
and enforce the Wetlands Act. In the seven County metropolitan area, the LGU must be either
a City or watershed district/organization. Since there are currently four watershed organizations
within the City of Shakopee and at least two of them have elected not to be the LGU for this act,
the City of Shakopee has no choice but to become the LGU.
The City of Shakopee was also the LGU for the interim program and have in fact been
administering this act since 1991.
BWSR is requiring all LGU's to adopt the permanent rules by January 1, 1994 or face a
development moratorium until they adopt them.
Attached is Resolution No. 3925, which adopts the permanent rules and makes the City of
Shakopee the LGU for all wetlands within Shakopee.
ALTERNATIVES:
1. Adopt Resolution No. 3925.
2. Deny Resolution No. 3925.
RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Offer Resolution No. 3925, A Resolution Designating the City of Shakopee as the Local
Government Unit (LGU) and Adopting the Permanent Rules of the Wetland Conservation Act
and move its adoption.
DEH/pmp
MEM3925
RESOLUTION NO. 3925
A Resolution Designating The City Of Shakopee
As The Local Government Unit (LGU) And
Adopting The Permanent Rules Of The Wetland Conservation Act
WHEREAS, the Minnesota Wetland Conservation Act of 1991 (WCA) requires Local
Government Units (LGUs) to implement this law by adopting the rules and regulations
promulgated by the Board of Water and Soil Resources (BWSR) pertaining to wetland draining
and filling; and
WHEREAS, the BWSR is requesting LGUs adopting the permanent rules of the WCA
and to notify them of the LGU decision regarding adoption; and
WHEREAS, the LGU is responsible for making WCA determinations for
landowners; and
WHEREAS, the City Council of Shakopee previously assumed responsibilities of LGU
for wetland alternations within the City of Shakopee under the interim rules.
NOW,THEREFORE,BE TT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA: that it hereby accepts the responsibility as the LGU for the
WCA within the legal boundaries of the City of Shakopee as of January 1, 1994, within the
guidelines as set forth by the WCA and rules.
Adopted in session of the City Council of the City of Shakopee, Minnesota,
held this day of , 1993.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
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CONSENT
MEMO TO: Dennis Kraft, City Administrator / 41
FROM: Dave Hutton, Public Works Director /�,
SUBJECT: Special Assessment Policy "�
DATE: December 15, 1993
INTRODUCTION:
Staff has been to directed to revise the Special Assessment Policy for two issues, namely a) the
zonal assessment policy and b) assessments for replacement of sidewalks on collector streets.
Staff has addressed both issues in one resolution.
BACKGROUND:
Staff would like to address each issue separately.
Zonal Assessment Policy
During the assessment hearing for the Minnesota Street/Dakota Street Alley Project, staff was
directed to clarify the language in the assessment policy regarding the zonal assessment.
The Special Assessment Policy has a provision for a zonal assessment(Page 10). This provision
states:
"When the street along the long side of a corner lot is improved, the cost shall be assessed
equally to all lots within 1/2 block in each direction of the street improved."
During the public hearing for the Minnesota Street/Dakota Street Alley Project this policy
received considerable debate by the Council, staff and public at large. The debate essentially
revolved around the definition of a "block" and rather than leave this policy up to future
interpretations, Council directed staff to revise and clarify the policy.
In reviewing this policy, staff feels that there are two ways to define a block. One way is to
define it based on the physical streets, i.e. between the center lines of two parallel paved or gravel
streets. Another method would be to define it as platted blocks or between platted streets or plat
lines rather than physical paved streets.
Because this policy applies to street construction, staff feels that the policy should be tied into
the physical, actual street rather than a platted, unconstructed right-of-way.
1
The other issue pertaining to blocks (as defined above) is what to do for those blocks which do
not have a parallel street adjacent to the street being improved (i.e. unending block). In that case,
staff would propose that the zonal area be defined as an equal distance from the street being
improved. In most cases there will always be at least one adjacent parallel street to the improved
street, but there are quite a few areas of Shakopee that do not have a second adjacent parallel
street.
Staff is proposing to revise the zonal assessment policy as follows:
When the street along the long side of a corner lot is improved, the cost shall be assessed
equally to all lots within 1/2 block in each direction of the street improved. For this
section, a block shall be defined as the distance between adjacent, parallel paved or gravel
streets. In the case where there is only one parallel street adjacent to the street being
improved, the zonal assessment area shall be equal distance from the improved street.
This method may be selected rather than the corner lot adjustment.
(Note: New Sections are underlined)
Staff feels that the above language clarifies the policy and reduces the need for any interpretations
of the policy. Staff has attached examples of how this policy would apply to several situations
in Shakopee.
It is difficult to write a policy to every single situation. There still may be the need to make an
interpretation for some situations, but staff feels the above language provides clarification for
most of the situations that arise.
Attached is Resolution No. 3926, which make the recommended changes to the Special
Assessment Policy.
Sidewalk Replacement on Collector Streets
On May 4, 1993 the City Council discussed sidewalk funding on collector streets and directed
staff to revise the assessment policy to eliminate assessing new sidewalks on collector streets.
On May 18, 1993 Council adopted Resolution No. 3802 (attached) which revised the assessment
policy on new sidewalks installed on collector streets.
During the discussion on this issue, staff was not directed to revise the policy for replacement
sidewalks on collector streets.
On November 3, 1993 the City Council held a public hearing and adopted the assessments for
the 1993 Sidewalk Replacement Policy. Per policy, replacement sidewalks are 50% assessed.
At that meeting, the Council eliminated any sidewalk replacement assessments on collector streets
and directed staff to revise the assessment policy accordingly.
2
Staff has prepared the appropriate resolution which makes this revision. Because the sidewalk
replacement policy is also included in the City Code, an ordinance revision is also necessary.
ALTERNATIVES:
1. Adopt Resolution No. 3926 and Ordinance No. 368 making the necessary revisions to the
Special Assessment Policy.
2. Revise the resolution or ordinance regarding either the zonal assessment policy or
collector sidewalk replacement policy and then adopt them.
3. Table the issue for further discussion or research by staff.
4. Deny the request.
RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
1. Offer Resolution No. 3926, A Resolution Amending the Special Assessment Policy and
move its adoption.
2. Offer Ordinance No. 368 and move its adoption.
DEH/pmp
MEM3926
3
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6
RESOLUTION NO. 3926
A Resolution Amending The Special Assessment Policy
WHEREAS, the City Council of Shakopee adopted the Special Assessment Policy by
Resolution No. 3735 on January 19, 1993; and
'WHEREAS, the City Council desires to amend the Special Assessment Policy to
eliminate the use of assessments for the replacement of sidewalks on collector and arterial streets:
and
'WHEREAS,the City Council desires to amend the Special Assessment Policy to clarify
the zonal assessment method.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA,
1. That Section X., Subparagraph B.2. of the Special Assessment Policy be revised to read
as follows:
Replacement sidewalks adjacent to local streets will be assessed 50% to the
abutting property owner and 50% City funded. Sidewalks that are replaced next
to collector or arterial streets will not be assessed.
2. That Section VIII, Subparagraph B.1.D. on Page 10 of the Special Assessment Policy be
revised to read as follows:
When the street along the long side of a corner lot is improved, the cost shall be
assessed equally to all lots within 1/2 block in each direction of the street
improved. For this section, a block shall be defined as the distance between
adjacent, parallel paved or gravel street. In the case where there is only one
parallel street adjacent to the street being improved, the zonal assessment area
shall be equal distance from the improved street. This method may be selected
rather than the corner lot adjustment.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of , 1993.
Mayor of the City of Shakopee
A[TEST:
City Clerk
Approved as to form:
City Attorney
ORDINANCE NO. 368 , FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER
7, STREETS AND SIDEWALKS GENERALLY, SEC. 7 . 16 , SIDEWALK
INSPECTION, REPAIR AND REPLACEMENT POLICY, BY REPEALING SUBD. 3 ,
FUNDING FOR SIDEWALK REPAIRS, AND ENACTING ONE NEW SUBDIVISION IN
LIEU THEREOF, RELATING TO THE SAME SUBJECT.
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS :
Section 1 - That City Code Chapter 7, Streets and Sidewalks
Generally, Sec . 7 . 16, Sidewalk Inspection, Repair and Replacement
Policy, is hereby amended by repealing Subd. 3 , Funding for
Sidewalk Repairs, and enacting one new subdivision in lieu
thereof, which shall read as follows :
Subd. 3 . Funding for Sidewalk Repairs.
A. If the sidewalk is less than five years old:
1. If installed under City contract, it shall be
replaced at no expense to the property owner.
2 . If installed by the property owner, it shall be
replaced at the property owner' s expense.
B. If the sidewalk is older than five yearsgige Chall
. } ::
be jointly funded, 50t by- the City and w50- by property
owner-} < i : t.hh::.s ,de a.l k- . . . 1mod...Vin:::a.,,.c y1i ectgr.}:»:<,<
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-;h }: .i . >l:k>:::::wil '�:>:::: >::::f: ne4 1:e:%:::>::1?:.:;:<: ::::..g�g 3�< �:..>:-::
C. If the sidewalk is damaged by the property owner or
occupant of the property, the property owner shall pay
100% of the replacement cost, regardless of the age of
the sidewalk or who installed it .
Note : Thei language is inserted; the otrikcout language
is deleted.
::::::..........
Section 2 - General Provisions . City Code Chapter 1,
General Provisions and Definitions Applicable to the Entire City
Code Including Penalty For Violation, and Section 7. 99, Violation
a Misdemeanor or Petty Misdemeanor, are hereby adopted in their
entirety by reference, as though repeated verbatim herein.
Section 3 - Effective Date. This ordinance becomes
effective from and after its passage and publication.
Passed in session of the City Council
of the City of Shakopee, Minnesota, held this day of
, 1993 .
Mayor of the City of Shakopee
Attest : City Clerk
Approved as to form: / ../1 , ��L > City Attorney
/ /
Published in the Shakopee Valley Neles on the day of
, 1993 .
H .
[16MEMO]
CO1SEE\JT
MEMO TO; Dennis Kraft, City Administrator
FROM: Dave Nummer, Staff Engineer ^r`)
SUBJECT: Vierling Drive Feasibility Report
DATE: December 14, 1993
INTRODUCTION:
Attached is Resolution No. 3928, a resolution ordering the preparation of a feasibility report for
Vierling Drive from County Road (C.R.) 15 to Harrison Street.
BACKGROUND:
On December 7, 1993 the City Council of Shakopee adopted the State-Aid Capital Improvement
Program as an appendix to the 1994-1998 Capital Improvements Program (CIP). Vierling Drive
from C.R. 15 to Harrison Street was scheduled for construction in 1994 in the State-Aid CIP and
1994-1998 CIP. Staff is seeking authorization to begin the feasibility report now in order to
facilitate a timely bidding and construction next spring.
ALTERNATIVES:
1. Adopt Resolution No. 3928.
2. Deny Resolution No. 3928.
RECOMMENDATION:
Staff recommends Alternative No. 1, to adopt Resolution No. 3928.
ACTION REQUESTED:
Offer Resolution No. 3928, A Resolution Ordering the Preparation of a Report on an
Improvement to Vierling Drive, from C.R. 15 to Harrison Street and move its adoption.
DMN/pmp
MEM3928
RESOLUTION NO. 3928
A Resolution Ordering The Preparation Of A
Report On An Improvement To
Vierling Drive From County Road 15
To Harrison Street
WHEREAS, it is proposed to improve Vierling Drive from County Road 15 to Harrison
Street by street construction, curb & gutter, storm sewer and sidewalks and to assess the
benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota
Statutes, Chapter 429.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to the City
Engineer for study and that he is instructed to report to the Council with all convenient speed
advising the Council in a preliminary way as to whether the proposed improvement is feasible
and as to whether it should best be made as proposed or in connection with some other
improvement, and the estimated cost of the improvement as recommended.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of , 1993.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
CONSENT )9A`
MEMO TO: Dennis Kraft, City Administrator
FROM: Dave Nummer, Staff Engineerp,v,
SUBJECT: Re-Scheduling Pierce Street's Public Hearing
DATE: December 15, 1993
INTRODUCTION:
Attached is Resolution No. 3929, a resolution amending the hearing date for the vacation of
Pierce Street and the hearing on the improvements to Pierce Street from January 4, 1994 to
January 18, 1994.
BACKGROUND:
Due to inadequate time to provide the proper legal notice to the affected property owners for
vacating right-of-way as required by State law, staff is proposing to hold the hearing on
January 18, 1994.
ACTION REQUESTED:
Offer Resolution No. 3929, A Resolution Amending Resolution No.'s 3909 and 3910 and move
its adoption.
DMN/pmp
MEM 3929
i
RESOLUTION NO. 3929
A Resolution Amending Resolution No. 3909
And Resolution No. 3910
WHEREAS, the City Council of Shakopee has set a public hearing for January 4, 1994
to consider the vacation of Pierce Street between 3rd Avenue and 4th Avenue by Resolution No.
3910; and
WHEREAS, the City Council of Shakopee has set a public hearing for January 4, 1994
to consider the improvements to Pierce Street between 3rd Avenue and 4th Avenue by Resolution
No. 3909; and
WHEREAS, adequate public notice as required by State law cannot be given within the
proper time frame to hold the hearing on January 4, 1994.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE,MINNESOTA, that both of these hearings will be rescheduled to January 18,
1994 at 7:30 P.M. or thereafter, in the Council Chambers of City Hall at 129 South Holmes
Street, Shakopee, Minnesota and the City Clerk shall give mailed and published notice of such
hearings as required by law.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of , 1994.
Mayor of the City of Shakopee
ATTEST:
City Clerk
• Approved as to form:
•
City Attorney
IS q
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Barry A. Stock, Assistant City Administrator
RE: Labor Agreement Between the City and Local 320 (Public
Works 320 for 1994 - 1996)
DATE: December 21, 1993
Attached please find a copy of the labor agreement between the
Teamsters and the City of Shakopee for the Public Works bargaining
unit. The three year agreement is consistent with our earlier
discussions . This item was originally on the December 7, 1993
agenda. It was subsequently pulled from the agenda due to some
concerns expressed by the bargaining unit in regard to employee
performance evaluations . Staff has proposed language with respect
to this issue that has been accepted by the bargaining unit .
RECOMMENDATION:
It is recommended that the City Council approve the labor agreement
between the City and Minnesota Teamsters Local 320 Public Works
Unit for the period January 1, 1994 through December 31, 1996 .
ACTION REQUESTED:
Move to approve the labor agreement between the City and Local 320
(Public Works) for January 1, 1994 through December 31, 1996 .
LABOR AGREEMENT
BETWEEN
THE CITY OF SHAKOPEE
AND
MINNESOTA TEAMSTERS
PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION
LOCAL NO. 320
Public Works
Effective January 1, 1994 through December 31, 1996
INDEX
Page
ARTICLE I. PURPOSE OF AGREEMENT 1
ARTICLE II. RECOGNITION 1
ARTICLE III. DEFINITIONS • 1
ARTICLE IV. EMPLOYER SECURITY 2
ARTICLE V. EMPLOYER AUTHORITY 3
ARTICLE VI. EMPLOYEE RIGHTS - GRIEVANCE 3
ARTICLE VII. UNION SECURITY 5
ARTICLE VIII. SAVINGS CLAUSE 6
ARTICLE IX. WORK SCHEDULE 6
ARTICLE X. OVERTIME 7
ARTICLE XI. CALL BACK 7
ARTICLE XII. LEGAL DEFENSE 7
ARTICLE XIII. SUBCONTRACTING WORK 7
ARTICLE XIV. DISCIPLINE 7
ARTICLE XV. SENIORITY 7
ARTICLE XVI. PROBATIONARY PERIODS 7
ARTICLE XVII. SAFETY 8
ARTICLE XVIII. JOB POSTING 8
ARTICLE XIX. INSURANCE 8
ARTICLE XX. HOLIDAYS 8
ARTICLE XXI. VACATIONS 9
ARTICLE XXII. SICK LEAVE 9
ARTICLE XXIII. SEVERANCE PAY 9
ARTICLE XXIV. INJURY ON DUTY 9
ARTICLE XXV. COVERALLS/UNIFORMS 9
ARTICLE XXVI. REPLACEMENT 10
ARTICLE XXVII. WAGES 10
ARTICLE XXVIII. WAIVER 10
ARTICLE XXIX. DURATION 10
APPENDIX A. WAGES 11
LABOR AGREEMENT
BETWEEN
THE CITY OF SHAKOPEE
AND
MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT
EMPLOYEES UNION, LOCAL NO. 320
ARTICLE I. PURPOSE OF AGREEMENT
This Agreement is entered into between the City of Shakopee, hereinafter called
the Employer, and the Minnesota Teamsters Public and Law Enforcement Employees
Union, Local No. 320, hereinafter called the Union, the intent and purpose of this
Agreement is to:
1.1 Establish certain hours, wages and other conditions of employment;
1.2 Establish procedures for the resolution of disputes concerning this
Agreement's interpretation and/or application;
1.3 Specify the full and complete understanding of the parties, and;
1.4 Place in written form, the parties agreement, upon terms and conditions of
employment for the duration of this Agreement.
The Employer and the Union, through this Agreement, continue their dedication to
the highest quality of public service. Both parties recognize this Agreement as
a pledge of this dedication.
ARTICLE II. RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative, under
Minnesota Statutes, Section 179A.03, Subd. 14 in an appropriate bargaining
unit consisting of the following job classifications:
Mechanic
Maintenance Worker
ARTICLE III. DEFINITIONS
3.1 UNION: The Minnesota Teamsters Public and Law Enforcement Employees Union,
Local No. 320.
3.2 EMPLOYER: The City of Shakopee
3.3 UNION MEMBER: A member of the Minnesota Teamsters Public and Law
Enforcement Employees Union, Local No. 320.
1
3.4 EMPLOYEE: A member of the exclusively recognized bargaining unit.
3.5 BASE PAY RATE: The employee's hourly pay rate exclusive of longevity or
any other special allowance.
3.6 SEVERANCE PAY: Payment made to an employee upon honorable termination of
employment.
3.7 OVERTIME: Effective July 1, 1992 overtime shall be defined as follows:
Any employee working more than 40 hours in a seven day period is to be paid
at the overtime rate for the time worked which exceeds 40 hours. Time
worked shall include hours actually worked and hours compensated for,
including vacation, sick and comp time taken. Payment is not to be made
for time which is taken without pay.
3.8 CALL BACK: Return of an employee to a specified work site to perform
assigned duties at the express authorization of the Employer at a time
other than an assigned shift. An extension of or early report to an
assigned shift is not a call back.
3.9 STRIKE: Concerted action in failing to report for duty, the willful
absence from one's position, the stoppage of work, slow-down, or abstinence
in whole or in part from the full, faithful and proper performance of the
duties of employment for the purposes of inducing, influencing or coercing
a change in the conditions or compensations or the rights, privileges or
obligations of employment.
ARTICLE IV. EMPLOYER SECURITY
4.1 The Union agrees that during the life of this Agreement, it will not cause,
encourage, participate in or support any strike, slow-down or other
interruption of or interference with, the normal functions of the Employer.
4.2 Any employee who engages in a strike may have his/her appointment
terminated by the Employer effective the date the violation first occurs.
Such termination shall be effective upon written notice served upon the
employee.
4.3 An employee who is absent from any portion of his/her work assignment
without permission, or who abstains wholly or in part from the full
performance of his/her duties without permission from his/her Employer on
the date or dates when a strike occurs is prima facia presumed to have
engaged in a strike on such date or dates.
4.4 An employee who knowingly strikes and whose employment has been terminated
for such action may, subsequent to such violation, be appointed or
reappointed or employed or re-employed, but the employee shall be on
probation for two years with respect to such civil service status, tenure
of employment, or contract of employment, as he/she may have therefore been
entitled.
4.5 No employee shall be entitled to any daily pay, wages or per diem for the
days on which he/she engaged in a strike.
2
ARTICLE V. EMPLOYER AUTHORITY
5.1 The Employer retains the full and unrestricted right to operate and manage
all manpower, facilities and equipment; to establish functions and
programs; to set and amend budgets; to determine the utilization of
technology; to establish and modify the organizational structure; to
select, direct and determine the number of personnel; to establish work
schedules and perform any inherent managerial function not specifically
limited by this Agreement.
5.2 Any term and condition of employment not specifically established or
modified by this Agreement shall remain solely within the discretion of the
Employer to modify, establish or eliminate.
ARTICLE VI. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
6.1 Definition of a Grievance. A grievance is defined as a dispute or
disagreement as to the interpretation or application of the specific terms
and conditions of this Agreement.
6.2 Union Representatives. The employer will recognize Representatives
designated by the Union as the grievance representatives of the bargaining
unit having the duties and responsibilities established by this Article.
The Union shall notify the Employer, in writing, of the names of such Union
Representatives and of their successors when so designated, as provided by
Section 6.2 of this Agreement.
6.3 Processing of a Grievance. It is recognized and accepted by the Union and
the Employer that the processing of grievances as hereinafter provided, is
limited by the job duties and responsibilities of the employees and shall
therefore be accomplished during normal working hours only when consistent
with such employee duties and responsibilities. The aggrieved employee and
a Union Representative shall be allowed a reasonable amount of time without
loss in pay when a grievance is investigated and presented to the Employer
during normal working hours provided that the employee and the Union
Representative have notified and received the approval of the designated
supervisor, who has determined that such absence is reasonable and would
not be detrimental to the work programs of the Employer.
6.4 Procedure. Grievances, as defined by Section 6.1, shall be resolved in
conformance with the following procedure.
Step 1. An employee claiming a -violation concerning the
interpretation or application of this Agreement shall, within twenty-
one (21) calendar days after such alleged violation has occurred,
present such grievance to the employee's supervisor as designated by
the Employer. The Employer-designated representative will discuss and
give an answer to such Step 1 grievance within ten (10) calendar days
after receipt. A grievance not resolved in Step 1 and appealed to
Step 2 shall be placed in writing, sett''-ng forth the nature of the
grievance, the facts on which it is based, the provision or
provisions of the Agreement allegedly vic.ated, the remedy requested
and shall be appealed to Step 2 within ten (10) calendar days after
3
the Employer-designated representative's final answer in Step 1. Any
grievance not appealed in writing to Step 2 by the Union, within ten
(10) calendar days shall be considered waived.
Step 2. If appealed, the written grievance shall be presented by the
Union and discussed with the Employer-designated Step 2
representative. The Employer-designated representative shall give
the Union the Employer's Step 2 answer in writing within ten (10)
calendar days after receipt of such Step 2 grievance. A grievance
not resolved in Step 2 may be appealed to Step 3 within ten (10)
calendar days following the Employer-designated representative's
final Step 2 answer. Any grievance not appealed in writing to Step
3 by the Union within ten (10) calendar days following the Employer-
designated representative's final Step 2 answer shall be considered
waived.
Step 3. If appealed, the written grievance shall be presented by the
Union and discussed with the Employer-designated Step 3
representative. The Employer-designated representative shall give
the Union the Employer's answer in writing within ten (10) calendar
days after receipt of such Step 3 grievance. A grievance not
resolved in Step 3 may be appealed to Step 4 within ten (10) calendar
days following the Employer-designated representative's final answer
in Step.3. Any grievance not appealed in writing to Step 4 by the
Union within ten (10) calendar days shall be considered waived.
Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by
the Union shall be submitted to arbitration, subject to the
provisions of the Public Employment Labor Relations Act of 1971, as
amended. The selection of an arbitrator shall be made in accordance
with the "Rules Governing the Arbitration of Grievances", as
established by the Public Employment Relations Board.
6.5 Arbitrator's Authority
A. The arbitrator shall have no right to amend, modify, nullify,
ignore, add to or subtract from, the terms of this Agreement. The
arbitrator shall consider and decide only the specific issue (s)
submitted in writing by the Employer and the Union and shall have no
authority to make a decision on any other issue not so submitted.
B. The arbitrator shall be without power to make decisions contrary
to, or inconsistent with, or modifying or varying in any way the
application of laws, rules or regulations having the force and effect
of law. The Arbitrator's decision shall be submitted in writing
within thirty (30) days following close of the hearing or the
submission of briefs by the parties, whichever be later, unless the
parties agree to an extension. The decision shall be binding on both
the Employer and the Union and shall be based solely on the
arbitrator's interpretation or application of the express terms of
this Agreement and to the facts of the grievance presented.
4
C. The fees and expenses for the arbitrator's services and
proceedings shall be borne equally by the Employer and the Union,
providing that each party shall be responsible for compensating its
own representatives and witnesses. If either party desires a
verbatim record of the proceedings, it may cause such a record to be
made, providing it pays for the record. If both parties desire a
verbatim record of the proceedings, the cost shall be shared equally.
6.6 Waiver. If a grievance is not presented within the time limits set forth
above, it shall be considered "waived" . If a grievance is not appealed to
the next step within the specified time limit or any agreed extension
thereof, it shall be considered settled on the basis of the Employer's last
answer. If the Employer does not answer a grievance or an appeal thereof,
within the specified time limits, the Union may elect to treat the
grievance as denied at that step and immediately appeal the grievance to
the next step. The time limit in each step may be extended by mutual
written agreement of the Employer and the Union, in each step.
6.7 Choice of Remedy. If, as a result of the written Employer response in Step
3, the grievance remains unresolved and if the grievance involves the
suspension, demotion, or discharge of an employee who has completed the
required probationary period, the grievance may be appealed to either Step
4 of Article VI or a procedure such as: Civil Service, Veteran's
Preference or Fair Employment. If appealed to any procedure other than
Step 4 of Article VI, the grievance is not subject to the arbitration
procedure as provided in Step 4 of Article VI. The aggrieved employee
shall indicate in writing which procedure is to be utilized, Step 4 of
Article VI or another appeal procedure, and sign a statement to the effect
that the choice of any other hearing precludes the aggrieved employee from
making a subsequent appeal through Step 4 of Article VI.
ARTICLE VII. UNION SECURITY
In recognition of the Union as the exclusive representative, the Employer shall:
7.1 Deduct each payroll period an amount sufficient to provide the payment of
dues established by the Union from the Wages of all employees authorizing
in writing such deduction or a "fair share" deduction, as provided in
Minnesota State Statute 179.65, Subd. 2, if the employee elects not to
become a member of the Union.
7.2 Remit such deduction to the appropriate designated officer of the Union.
7.3 The Union may designate certain employees from the bargaining unit to act
as stewards and shall inform the Employer in writing of such choice.
7.4 The Union agrees to indemnify and hold the Employer harmless against any
and all claims, suits, orders, judgments brought or issued against the
Employer as a result of any action taken or not taken by the Employer under
the provisions of this Article.
5
ARTICLE VIII. SAVINGS CLAUSE
This Agreement is subject to the laws of the United States, the State of Minnesota
and the City of Shakopee. In the event any provision of this Agreement shall be
held to be contrary to law by a court of competent jurisdiction from whose final
judgment or decree no appeal has been taken within the time provided, such
provisions shall be voided. All other provisions of this Agreement shall continue
in full force and effect. The voided provision may be re-negotiated at the
written request of either party.
ARTICLE IX. WORK SCHEDULES
9.1 The sole authority in work schedules is the Employer. The normal work day
for an employee shall be eight (8) hours. The normal work week shall be
forty (40) hours, Monday through Friday.
9.2 Service to the public may require the establishment of regular shifts for
some employees on a daily, weekly, seasonal, or annual basis other than the
normal 7:30-4:00 day. The Employer will give advance notice to the
employees affected by the establishment of work days different from the
employee's normal eight (8) hour work day.
9.3 In the event that work is required because of unusual circumstances such as
(but not limited to) fire, flood, snow, sleet or breakdown of municipal
equipment or facilities, no advance notice need be given. It is not
required that an employee working other than the normal work day be
scheduled to work more than eight (8) hours; however, each employee has an
obligation to work overtime or call backs if requested unless circumstances
prevent him from so working.
9.4 Service to the public may require the establishment of regular work weeks
that schedule work on Saturdays and/or Sundays.
ARTICLE X. OVERTIME
10.1 Overtime, as defined in 3.7 will be compensated at the rate of time and
one-half (1 1/2) and will be paid in cash or in compensatory time cff, as
determined by the City Administrator.
10.2 Overtime shall be distributed as equally as practicable by an established
seniority list for the department used as a rotating overtime call list.
Overtime refused by an employee will, for record purposes, be considered as
unpaid overtime work. No prior notice is required for overtime because
much of it is of a "call out" nature requiring immediate response.
Employees contacted under the above policy to work overtime, but refusing
it because of illness, will not be recorded as worked. Also, employees who
would be contacted but are on vacation will not be recorded as having
worked when called for overtime work.
10.3 Overtime refused by employees will, for record purposes under Article 10.2,
be considered as unpaid overtime worked.
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10.4 For the purpose of computing overtime compensation, overtime hours worked
shall not be pyramided, compounded or paid twice for the same hours worked.
10.5 The employees will be compensated at the rate of time and one-half (1 1/2)
for so working.
ARTICLE XI. CALL BACK TIME
An employee who is called in for work at a time other than his normal scheduled
shift will be compensated for a minimum of two (2) hours at the rate of time and
one-half and will be paid in cash or in compensatory time-off, as determined by
the City Administrator.
ARTICLE XII. LEGAL DEFENSE
12.1 Employees involved in litigation because of negligence, ignorance of laws,
non-observance of laws, or as a result of employee judgmental decision may
not receive legal defense by the municipality.
12.2 Any employee who is charged with a traffic violation, ordinance violation
or criminal offense arising from acts performed within the scope of his
employment, when such act is performed in good faith and under direct order
of his supervisors, shall be reimbursed for reasonable attorney's fees and
court costs actually incurred by such employee in defending against such
charge.
ARTICLE XIII. SUBCONTRACTING WORK
Nothing in this Agreement shall prohibit or restrict the right of the Employer
from subcontracting work performed by employees covered by this Agreement.
ARTICLE XIV. DISCIPLINE
The Employer will discipline employees only for just cause.
ARTICLE XV. SENIORITY
Seniority will be the determining criterion for transfers, promotions and lay-offs
only when all other qualification factors are equal.
ARTICLE XVI. PROBATIONARY PERIODS
16.1 All newly hired or rehired employees will serve a six (6) month probationary
period.
16.2 All employees will serve a six (6) months' probationary period in any
classification in which the employee has not served a probationary period.
16.3 At any time during the probationary period a newly hired or rehired
employee may be terminated at the sole discretion of the Employer.
16.4 At any time during the probationary period a promoted or reassigned
employee may be demoted or reassigned to the employee's previous position
at the sole discretion of the Employer.
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ARTICLE XVII. SAFETY
The Employer and the Union agree to jointly promote safe and healthful working
conditions, to cooperate in safety matters and to encourage employees to work in
a safe manner.
ARTICLE XVIII. JOB POSTING
18.1 The Employer and the Union agree that permanent job vacancies within the
designated bargaining unit shall be filled based on the concept of
promotion from within provided the applicants:
a. Have the necessary qualifications to meet the standards of the
job vacancy; and •
b. Have the ability to perform the duties and responsibilities of
the job vacancy.
18.2 Employees filling a higher job class based on the provisions of this
Article shall be subject to the conditions of Article XVI. Probationary
Periods.
18.3 The Employer has the right to final decision in the selection of employees
to fill posted jobs based on qualifications, abilities, and experience.
18.4 Job vacancies within the designated bargaining unit will be posted for five
(5) working days so that members of the bargaining unit can be considered
for such vacancies.
ARTICLE XIX. INSURANCE
Effective January 1, 1994 the Employer shall contribute up to three hundred
twenty-eight and 32/100 dollars ($328.32) per month per employee toward health,
life and long-term disability insurance. This amount includes up to $306.66 per
month contribution for the aforementioned insurance which represents the amount
paid by the employer as the regular insurance contribution plus an amount of
$21.66 per month contributed by the employer which represents the difference paid
to non-union City employees in 1993 as compared to the amount paid to members of
this bargaining unit. This $21.66 contribution shall terminate as of December 31,
1994.
Effective January 1, 1995 the Employer shall contribute an amount equal to that
received by non-union City employees for calendar year 1995.
Effective January 1, 1996 the Employer shall contribute an amount equal to that
received by non-union City employees for calendar year 1996.
ARTICLE XX. HOLIDAYS
The Employer will provide the following ten (10) paid holidays:
January 1 1st Monday in September
3rd Monday in February 2nd Monday in October
Friday before Easter Veteran's Day, November 11th
Last Monday in May 4th Thursday in November
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July 4th December 25th
In addition to the above 10 paid holidays, each employee may take one floating
holiday to be taken at the request of the employee and approved by the Employer.
Said floating holiday is to taken as a holiday during the current year and cannot
be carried over to the next year.
ARTICLE XXI. VACATIONS
Vacation leave shall be earned by the employee at the following rate:
0 - 5 years of employment 10 days
6 - 15 years of employment 15 days
16-20 years of employment 20 days
21 & over years of employment 1 additional day per year up to 25
days at 25 years
No more than the amount of vacation leave earned in a calendar year can be carried
beyond December 31st into a new calendar year, except in emergencies and
exceptional cases to be determined by the City Administrator. An employee who is
separated for any reason shall be paid for any accumulated vacation leave,
provided however, that should an employee resign without giving two (2) weeks
written notice, and except for reasons of ill health, he shall forfeit his right
to all accumulated vacation leave.
ARTICLE XXII. SICK LEAVE
An employee shall accumulate sick leave at the rate of eight (8) hours per month.
Sick leave may accrue at the rate of twelve (12) days per year to a maximum of
nine hundred and sixty (960) hours.
ARTICLE XXIII. SEVERANCE PAY
An employee who was a full time employee of the City before January 1, 1980 or who
has completed five (5) full years of full time employment with the City of
Shakopee and who is separated from his position by retirement, discharge, or
resignation shall receive a lump sum payment, an amount to equal one-third the
value of all accumulated sick leave calculated on the basis of his/her current
salary or wage scale, provided that should any employee resign without giving two
weeks written notice, except for reasons of ill health, he/she shall forfeit
his/her right to all accumulated sick leave.
ARTICLE XXIV. INJURY ON DUTY
Employees injured while on duty, through no fault of the employee, shall be paid
the difference between the employee's regular rate of pay and workers compensation
benefits for a period not to exceed twenty-five (25) working days, in accordance
with guidelines set forth in M.S. 176.021, Subd. 5.
ARTICLE XXV. COVERALLS/UNIFORMS
The City of Shakopee shall provide one (1) set of coveralls as needed for each
Street and Park employee as determined by the City Administrator.
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For the duration of this agreement the City of Shakopee will pay 100% of the cost
of weekly uniform rental for five (5) uniforms in, five (5) out, one (1) on the
shelf and two (2) jackets for the City Mechanic(s) . The City of Shakopee will
also pay 100% of the cost of weekly uniform rental for maintenance workers to
include three (3) uniforms in, three (3) uniforms out, one (1) on the shelf and
two (2) jackets.
ARTICLE XXVI. REPLACEMENT
The Employer shall provide reimbursement/replacement of personal property such as
glasses when accidentally damaged while on duty. The Employee must submit a
written claim within a reasonably prompt time after the incident. Such claim must
be verified by the Supervisor.
ARTICLE XXVII. WAGES
See Appendix A & B.
ARTICLE XXVIII. WAIVER
28.1 Any and all prior agreements, resolutions, practices, rules and regulations
regarding terms and conditions of employment, to the extent inconsistent
with the provisions of this Agreement, are hereby superseded.
28.2 The parties mutually acknowledge that during the negotiations which
resulted in this Agreement, each had the unlimited right and opportunity to
make demands and proposals with respect to any term or condition of
employment not removed by law from bargaining. All agreements and
understandings arrived at by the parties are set forth in writing in this
Agreement for the stipulated duration of this Agreement. The Employer and
the Union each voluntarily and unqualifiedly waives the right to meet and
negotiate, regarding any and all terms and conditions of employment
referred to or covered in this Agreement or with respect to any term or
condition of employment not specifically referred to or covered by this
Agreement, even though such terms or conditions may not have been within
the knowledge or contemplation of either or both of the parties at the time
this Agreement was negotiated or executed.
ARTICLE XXIX. DURATION
This Agreement shall be effective as of January 1, 1994 and shall remain in full
force and effect until December 31, 1996
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
day of , 19_.
FOR THE CITY OF SHAKOPEE FOR MINNESOTA TEAMSTERS PUBLIC AND LAW
ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320
Mayor Union Steward
City Administrator Local 320 Representative
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City Clerk
APPENDIX A
Salary and Benefit Schedule for Local No. 320 for 1994.
#1 #2 #3 #4
Start After After After Performance
1 yr. 3 yrs 5 yrs Bonus
Maintenance Worker $11.927 $12.648 $13.410 $14.224 $ .50/hr
Mechanic $12.041 $12.751 $13.524 $14.337 $ .60/hr
Acting Foreperson Assignment $ .60/hr
Salary and Benefit Schedule for Local No. 320 for 1995
#1 #2 #3 #4
Start After After After Performance
1 yr. 3 yrs 5 yrs Bonus
Maintenance Worker $12.285 $13.027 $13.812 $14.650 $ .50/hr
Mechanic $12.402 $13.134 $13.930 $14.767 $ .60/hr
Acting Foreperson Assignment $ .60/hr
Salary and Benefit Schedule for Local No. 320 for 1996
#1 #2 #3 #4
Start After After After Performance
1 yr. 3 yrs 5 yrs Bonus
Maintenance Worker $12.654 $13.418 $14.226 $15.161 $ .50/hr
Mechanic $12.774 $13.528 $14.348 $15.210 $ .60/hr
Acting Foreperson Assignment $ .60/hr
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The starting salary through the fifth year (Steps One through Four) are based on
years of service, demonstrated skill levels and satisfactory performance.
Employees classified as Maintenance Workers or Mechanics at Step #4 of the Wage
Schedule are eligible to receive a bonus if their performance is determined to be
above average upon completion' of the annual performance evaluation. Employees
receiving this bonus may be returned to the base salary level for their position
if their performance does not continue at an above average level.
Performance evaluations for 1994 shall be completed within 30 days from the
signing of the contract, or March 15, 1994 whichever is later. Performance
evaluations for 1995 and 1996 shall be completed by January 31, 1995 and January
31, 1996 respectively. Employees eligible for performance bonuses shall receive
them retroactive to the first payroll period in 1994, 1995 and 1996, as
applicable. The same performance evaluation criteria will be used for each year
of the contract.
Employees classified as Maintenance Workers shall be paid an additional $.125/hour
to compensate for the operation of all heavy equipment.
•
Employees classified as Mechanic shall be paid an additional $.15/hour to
compensate for the performance of periodic administrative duties and the operation
of heavy equipment.
Employees assigned by the Employer as acting Foreperson shall be compensated
$.60/hour above the Maintenance Worker Step Four position for the time they are
assigned to that position. Assignments shall be for a minimum period of two
hours. The position shall be assigned at the sole disgression of the Employer.
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