HomeMy WebLinkAbout06/06/1989 MEMO TO: Mayor and City Council
FROM: Dennis R. Kraft, Acting City Administrator
RE: Non-Agenda Informational Items
DATE: June 1, 1989
1. St. Marys Church has applied for a gambling license for
their annual festival on August 27, 1989. They do meet the
requirements of the City Code.
2. Negotiations on the purchase of land for the second Fire
esu
Station have been temporarily put on hold as a rlt of
action taken by the Bankruptcy Court. It is anticipated
that the process will resume in 6 to 8 weeks.
3. Attached is a report from the Minnesota Department of Health
covering an investigation of our municipal water supply.
4. Attached is the monthly calendar for June.
5. Attached is the Business Update from City Hall for June.
6. Attached are the agendas for the June 8, 1989 meetings of
the Board of Adjustment and Appeals and Planning Commission.
7. Attached is the agenda for the June 7, 1989 meeting of the
Community Development Commission.
8. Attached are the minutes of the May 4, 1989 meeting of the
Board of Adjustment and Appeals and Planning Commission.
9. Attached are the minutes of the May 10, 1989 meeting of the
Community Development Commission.
DRK/jms
minnesota department of health
717 se.delaware St. p.o.box 9441 minneapolis 55440
Q (612)623
�vfT 1 4 P�39
CFY o=
May 18, 1989
Shakopee City Council
c/o Ms. Judith Cox, City Clerk
City Hall
129 East First Avenue
Shakopee, Minnesota 55379
Dear Council Members:
We are enclosing a copy of the report of our district office covering an
investigation of your municipal water supply.
If you have any questions concerning the information contained in this
report, please contact Mr. Bassam Banat, Public Health Engineer, at
612/623-5327.
Sincerely yours,
Richard D. Clark, P.E., Supervisor
Public Water Supply Unit
Section of Water Supply
and Engineering
RDC:BB:bs
Enclosure
cc: Art Young, Water Superintendent
Scott County Community Health Service
5-a'y89 Cc . SPr/c
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an equal opportunity employer
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MINNESOTA DEPARTMENT OF HEALTH
REPORT ON INVESTIGATION OF PUBLIC WATER SUPPLY
PWS ID Numbe,
Nana of Wath 4 PWy
Shakopee Public Utilities Commission 1
700009
Telephone Numbers:
Street
1030 East Fourth Avenue City. 445-3650
City Suaa ZIP Cote
opgralpr: 445-1988
Shak Engineer: TfT-
jusu-
Coaav Distaie _ o r. o
omer:
Scott
Water Suparintendem CleMifirnlon Cp
f Plant Cbssifi. Owner Tyba
Art Classification Pbnt TYW Plumbing Pxmits am
Otheren Mon Z.
Ken Menden C
Community Inspecti°na Reouired M No
Date of Previous Sumy Data of Survey
9/20/87 1/31/89
City Engines
David Htttnn
SERVICE AREA CHARACTERISTICS:
[�xaunicipel ❑SdtwI or Collage ❑Redreavion Area
❑Mobile Home Park ❑Hotel/Motel ❑CampgrouM
❑Company Town ❑Resort ❑Houaing Develomnent
❑Institution ❑Restaurant ❑Other
Population Served Servim Connections Storage Cawci v:
(List SemmaNvl
10,783 3,081
Dsig�n9 Gv lgavdayl Avenge Daly Product..Igal/daO 250,000 - gallon eleva ed
2.4 MG 2,000,000 - gallon stand ipe
Emergency Cawi,v IgM/davl Highest Daily Produatio"Igaudarl 1,500,000 - gallon eleva ed
1,100,000 (Well No. 3) 6.0 MG To": 3,750,000 gallons
TREATMENT WELLDATA
a aAch
_o s F ; as 9 u_ 9Sour..Namew- o` VTWell #1 G P Dc Va 1911 8 216 715 8W g2 p p 1945 16 287 730 8 57 VTVT79 7'An
Well #4 6 P Dc Va 971 12 184 239 0 19 800
Sub
_ W 1 #5 P v 71 12 183 253 J rdan
Well #6 G P Dc Va 981 24 147 222 Jordan 32 32
Well #7 G P c Va 986 20 145 215 Jordan 34 25 130
Well #8 ND R ON T C I
Remake:
Suryeyedbw Michael Piechowski
Approved by:
HE-0 42.02
3
Shakopee Public Utilities Commission January 31, 1989
Recommendations:
1. Chlorine cylinders and all pressure lines should be stored in a
separate room or shed located outside of the pumphouse (Well No. I) .
2. Chlorine rooms should have:
a. A louvered air intake located near the ceiling and as far away
from the exhaust vent as possible.
b. The door labelled "DANGER - CHLORINE GAS" as specified by OSHA
regulations.
3. The fluoride feed point should be relocated to the lower half of the
main (Well No. 3) .
4. Undersized mains (less than 6 inches in diameter) should be replaced as "
the opportunities present themselves.
5. The opportunity for additional training in water supply work should be
made available to the operator(s). Attendance at the annual waterworks
operators seminar, held in the area, is a valuable experience for
anyone engaged in this field.
4 'Michael J. Piechowski
Public Health Engineer
Section of Environmental
Field Services
3
MINNESOTA DEPARTMENT OF HEALTIi
DIVISION OF ENVIRONMENTAL HEALTH
ANALYTICAL DATA
Samples
Collected By Michael Piechowski Report To Metro
Field Town, County, Etc. Sampling Point and Source of Sample
Number
a
MP65 Shakopee./Scott Well R2 D.P.
b
MP653 " Well y4 D.P.
MP654 Well #5 D.P.
14 6655 " Well d6 D.P.
MP65 f " Well f7 D.P.
This line for lab use only. a b c d e f
Sample Number 21576 21577 21578 21579 21580 21581
Date Collected 1/31/8q
Time Collected
Date Received b -Lb 1/11/29
Coliform M.P.N./100 mL <7.2
group COR.❑ Com .O
or anisms M.F.C./100 mL
Arsenic U /l
Barium Pg/1
Cadmium U /1
Chromium U /1
Fluoride m /1
Lead U /l
Mercur I
Nitrate Nitrogen m /1 cg
Residual Chlorine
Selenium Ug/1
Silver U /1
Sodium m /l
Gross Alpha
Radium Alpha
Uranium Alpha
Radium-228
HE-00843-02
3
MINNESOTA DEPARTMENT OF HEALTH
DIVISION OF ENVIRONMENTAL HEALTH
ANALYTICAL DATA
Samples
Collected Report To eo t.
Field Town, County, Etc. Sampling Point and Source of Sample
Number
a City Shop S.T.
% P t
b
MP65c Brooks 5. .r
.
1
MP659 -
Is
his line for lab use only. ab c d e f
Sample Number 21582 21583 21584
Date Collected
Time Collected
Date Received b Lab
Coliform M.P.N./100 mL < <2.2 <2.2
groupCORA Com .C]
organisms M.F.C./100 mL
Arsenic Pg/1
Barium pg 1
Cadmium p /1
Chromium /1
Fluoride MR/L
Lead u /L
Mercury 1
Nitrate Nitrogen mg/l <''.40
Residual Chlorine
Selenium u 1
Silver a /1
Sodium Mg/1
Gross Alpha
Radium Alpha
Uranium Alpha
Radium-228
HE-00843-02
June 1989
UPCOMING MEETINGS
SUN MON TUE WED THU FRI SRT
1 2 3
4 5 6 7 8 9 10
4:30pm 7:00pm City 5:00pm CDC 7:30pm
Public Council Planning
Utilities Commission
11 12 13 14 15 16 17
18 19 20 21 22 23 24
Father's Day 7:00pm City 7:00pm City 7:45am
Council Council Downtown
7:00pm Committee
Community 7:00pm
Recreation Energy &
Transp.
25 26 27 28 29 30
7:00pm
Housing
Advisory &
Appeals
Board
7:00pm
Cable
Committee
May duly
S M T W T F S S M T W T F S
1 2 3 4 5 6 1
7 6 9 10 1 1 12 13 2 3 4 5 6 7 8
14 15 16 17 18 19 20 9 10 11 12 13 14 15
21 22 23 24 25 26 27 16 17 18 19 20 21 22
28 29 30 31 23 24 25 26 27 28 29
30 31
BUSINESS UPDATE FROM CITY BALL
Vol. 3 No. 6
Dear Chamber Member: June 1, 1989
BUILDING
The Community Youth Center is now complete. The ribbon cutting
and key turning ceremony is scheduled for June 28th. At present
2009 users per month have scheduled time in this facility. What
nine short months ago was judged "not necessary and supposedly
has little support" has proved to be a very worthwhile project.
Two "atta boys" for the Shakopee Lions Club in identifying a
community need and finding a solution to the problem without
burdening our taxpayers.
CITY CLERK
On May 16th the City Council appointed Charles Brandmire to fill
the vacancy on the Community Development Commission; and
appointed Theresa Roehrich to the Downtown Committee. Council
also set July 10th for the annual appreciation picnic for members
of City boards and commissions.
City Council met as the Board of Review on May 9th and 16th. In
response to property owners' objections to the Assessor's
estimated market value on their property. Council concurred with
the Assessor's estimated market value on six parcels and reduced
the estimated market value on four parcels.
COMMUNITY DEVELOPMENT
On Saturday, May 20th the City of Shakopee conducted their annual
clean-up day. The program allowed Shakopee residents to dispose
of their refuse at significantly reduced prices. This year over
600 loads of refuse was disposed of. Materials disposed of
included over 500 yards of refuse, 16 tandem loads of brush, 125
appliances and over 500 tires. This year, for the first time,
the City collected a tipping fee from Shakopee residents. Over
$2, 000 in tipping fees were collected on the dump day. Staff
estimates that this year's program cost less than $8,000. This
compares to last year's program cost which was in excess of
$15,000. At this time, city staff is evaluating whether or not
the program should be continued next year.
COMMUNITY RECREATION (SCR)
SCR, which is jointly sponsored by the City of Shakopee and
Shakopee Public Schools, is a governmental agency in place to
assist Shakopee residents and full time workers in filling their
leisure hours with a variety of activities. Perhaps the most
visible programs are baseball and softball activity which can be
readily observed being played most anytime during the week on
school and city athletic fields. This summer there are 146
organized teams of all ages playing ball, all of whom are
scheduled through the SCR office.
ENGINEERING DEPARTMENT
Plans for the Third Avenue Reconstruction are nearing completion.
On June 6th staff will be requesting permission from City Council
to bid this project.
The City has received the DNR permit for the Upper Valley
Drainage Project and will be requesting permission from City
Council on June 6th to bid this project.
PERSONNEL
Seven finalists have been selected and will be interviewed on
Saturday, June 3rd for the City Administrator position.
C
TENTATIVE AGENDA
BOARD OF ADJUSTMENTS AND APPEALS
Regular Session Shakopee, MN June 8, 1989
Chairman Forbord Presiding
1. Roll Call at 7:30 P.M.
2 . Approval of Agenda
3. Approval of May 4, 1989 Meeting Minutes
4 . Other Business
a.
b.
5. Adjourn
Douglas K. Wise
City Planner
NOTE TO THE B.O.A.A. MEMBERS:
1. If you have any questions or need additional information on
any of the above items, please call Doug Wise on the Monday
or Tuesday prior to the meeting.
2 . If you are unable to attend the meeting, please call the
Planning Department prior to the meeting.
TENTATIVE AGENDA
PLANNING COMMISSION
Regular Session Shakopee, MN June 8, 1989
Chairman Forbord Presiding
1. Roll Call at 7:30 P.M.
2. Approval of Agenda
3. Approval of the May 4, 1989 Meeting Minutes
4. 7:30 P.M. PUBLIC HEARING: To consider the rezoning of
property located in the NW 1/4 of Section 11 and part of the
SW 1/4 of section 2, Township 115, Range 22 (J.L. Shiely
Mining Facility) from I-1 to I-2 .
Applicant: J.L. Shiely Company
Action: Recommendation to City Council
5. 7.40 P.M. CONTINUED PUBLIC HEARING: To consider approval
of a Conditional Use Permit for a hot mix asphalt plant and
structures in excess of 45' in height to be located upon the
J.L. Shiely property at 6898 East Highway 101.
Applicant: Hardrives, Inc.
Action: Conditional Use Permit Resolution #561
6. 7, 50 P.M. PUBLIC HEARING: To consider approval of a
Conditional Use Permit to allow for the keeping of horses on
Lot 2 , Block 1, Kubes 2nd Addition in an R-1 Zoning
District.
Applicant: James and Renee Hayes
Action: Conditional Use Permit Resolution No. 564
7. 8 ,00 P.M. PUBLIC HEARING: To consider an amendment to
Conditional Use Permit Resolution No. 241 to expand a
agricultural research facility at 1788 Marschall Road in an
Ag. Zoning District.
Applicant: Betaseed Inc.
Action: Amend Conditional Use Permit Resolution #241
8. 8:10 P.M PUBLIC HEARING• To consider amending the City
Zoning Code to allow animal hospitals and veterinary clinics
in the B-2 District and amend Section 11.03, Subd. 3 to add
the following: F. Lots may be excluded from the width and
area requirements if party walls are utilized or if the
adjacent buildings are planned to be constructed as an
integral structure.
9. Final Plat Approval - THE MEADOWS 2ND ADDITION
Action: Recommendation to City Council
10. Final Plat Approval - CANTERBURY 3RD ADDITION
Action: Recommendation to City Council
11. Capital Improvement Projects for 1990-95/1990 C.I. Budget
Action: Recommendation to City Council
12. Discussion:
a.
b.
13 . Other Business
a. Next Meeting - July 6, 1989
b.
14 . Adjourn
Douglas K. Wise
City Planner
NOTE TO THE PLANNING COMMISSION MEMBERS
1. If you have any questions or need additional information on
any of the above items, please call Doug Wise on the Monday
or Tuesday prior to the meeting.
2 . If you are unable to attend the meeting, please call the
Planning Department prior to the meeting.
Note Meeting Time: 5:00 P.M.
TENTATIVE AGENDA
Community Development commission
City Hall Council Chambers
June 7, 1989
1. Call to order at 5:00 P.M.
2. Approval of the minutes - May 10, 1989
3 . Economic Development Update: (Verbal)
a. Arnie's Bar
b. Mebco
C. Robert's Ent.
4. Subcommittee Reports (Verbal)
a. Downtown Committee
b. Transportation Coalition
C. Park Development
d. Business Appreciation
5. Discussion Items
a.
b.
6. Informational Items:
a. Business Update from City Hall
b. Comp Plan Update (Verbal)
C.
d.
7. Other Business
a. Next Meeting - Wed. , July 5, 1989 - 5:00 PM
City Council Chambers
b.
8. Adjourn
Barry A. Stock
Administrative Assistant
CITY OF SHAKOPEE
Please call Barry or Toni at 445-3650
if you cannot make the meeting.
BOARD OF APPEALS AND ADJUSTMENTS
SFIAROPEE, MINNESOTA
REGULAR SESSION MAY 4, 1989
Members Present: Chairman Forbord, vahleck, Foudray, and Roclme
Members Absent: Stafford, Czaja, and Allen
Others Present: Doug Wise--City Planner, Sharon Swenson--Recording Secretary
I. R011 CALL
Chairman Fo=bord called the meeting to order at 7:35 and roll was taken
as noted above.
H. APPP,OVPL OF AGENDA
MOTION: Foudray/Rahleck ^roved to approve the agenda as presented. Motion passed
-
III. Approval of April 20, 1989 Minutes unarolm. usly.
Chairman Forhord noted the minutes had not been included in the original pac'_;ets
sent out to the Board Members and they should review them at this time.
113TION: Foudray/Rahleck moved that the Board approve the minutes of the April
20th meeting. Motion passed with Rockne abstaining.
IV. OTHER BUSINESS
None
V. ADJOOR03T
MOTION: Forbord/%ahleck moved that the Board of A.npeals and Adiustments
adiourn. Motion passed unanimously.
PLANNING COMMISSION MEETING
SHAKOPEE, MINNESOTA
REGULAR SESSION MAY 4 , 1989
Members Present: Chairman Forbord, Kahleck, Foudray, and
Rockne
Members Absent: Stafford, Czaja and Allen
Others Present: Doug Wise-City Planner, Sharon Swenson-
Recording Secretary
I. ROLL CALL
Chairman Forbord called the meeting to order at 7:42 and
roll call was taken.
II. APPROVAL OF AGENDA
MOTION: Rockne/Foudray moved approval of the agenda as
presented.
Forbord requested that items a, b & c be added under Other
Business as follows:
a. The recommendation that conditional use permit
criteria be conveyed and recorded with the County
Recorder.
b. Discussion of horses being housed in an R-1
District.
C. Attendance
MOTION: Forbord/Kahleck moved approval of the agenda as
amended. Motion passed unanimously.
III. APPROVAL OF APRIL 20 1989 MEETING MINUTES
MOTION: Kahleck/Foudray moved approval of the minutes of
the April 20 meeting with one amendment as
follows: In paragraph 6 of page 1 the date of
April 20 be changed to April 6. Motion passed
with Rockne abstaining.
IV. PUBLIC HEARING: To consider an amendment to the PUD,
Preliminary and Final Plat for Stonebrooke. The amendment
includes changes to Londenderry Cove and the emergency
access connecting Lakeview Drive and County Road 79.
1
MOTION: Foudray/Rockne moved to open the Public Hearing.
Motion carried unanimously.
Wise explained the history on the previously approved PUD
and plat, and the proposed changes. The developer is
requesting an amendment to the PUD to allow for an easement
instead of a dedicated right-of-way for the emergency
roadway. A second request concerns the location of
Londonderry Cove - a change made necessary by restrictions
required by the State of Minnesota in connection with a
grant for the park. A third item concerns the conditional
regarding lease of the park land. It has been determined
that, at this time, the City does not have the legal right
to lease the park land to the developer. The staff also
suggested that the third sentence of condition #5e be
changed to read: "The trail shall be completed prior to the
issuance of a Fina certificate of occupancy for the golf
course club house. " This would allow a temporary
certificate until the trail is installed.
Concerns were voiced about a time limit for construction of
the trail and Wise answered that no specific time limit had
been set, but inspections are typically done and all
criteria must be met to be issued the final certificate of
occupancy. A suggestion was made of a possible "sunset
clause" attachment.
Wise responded to questions regarding the Fire Department's
concern about Lakeview Drive by stating that a compromise
had been arrived at for emergency access purposes. He
stated that the developer was responsible for constructing
and maintaining the emergency roadway.
Gary Laurent (representing the builder) came forward to
answer questions. He stated that this will be the last
adjustment to the plans for the development.
Don MCKush, 3691 Marschall Road, came forward to express his
concerns:
1. He had understood that Outlot B was not a part of
the change - has this been added?
2. Concerning the cul de sac, he feels mistakes have
been made on the public safety issue - a cul de
sac should be 1000 ' long or less and this one is
3000 ' long. The possibility of a through street
is eliminated.
2
i
Laurent stated Outlot B was an area for the public water
system and could be transferred to the association in the
future. Regarding the cul de sac, there is an emergency
access route for public safety which meets concerns that
have arisen. He added that the City is not precluded from
putting a street through the area - they still have the
right of eminent domain.
MOTION: Foudray/Rahleck moved that the Public Hearing be
closed. Motion passed unanimously.
Foudray asked why recommended conditions referred to a 30'
easement when the plan shows 200?
Wise responded that the plan was submitted showing a 20 '
easement and the City Engineer is recommeding 30' .
MOTION: Foudray/Rockne moved approval of the following two
actions:
ACTION 1: That the Planning Commission recommend to the City
Council approval of the amended final plan and
development agreement for the Stonebrooke PUD
subject to the following conditions:
1. The developer shall be required to file and record a
final plat for the planned unit development prior to
issuance of any residential building permits. Said
final plat must conform to the final PUD plan approved
by the city.
2. Approval by the Department of Natural Resources of the
following:
A. The planned unit development.
B. The use of fertilizer, grading and landscaping
within the development.
C. Docking and lake access.
D. Alteration of wetlands in accordance with the
Department of Natural Resources letter of June 17 ,
1987 Condition #5.
E. ongoing testing of the lake.
3. The developer must submit a revised sewer plan which
shows a primary on-site sewage treatment system
location within each lot. Alternative on-site sewage
treatment sites maybe located within sewer easement
areas outside of the lot.
4. septic system sites must be staked and roped off during
construction periods to prevent compaction of the soil
by construction equipment.
3
5. The homeowners association shall be responsible for the
annual inspection of all on-site sewage treatment
systems within the development. The association shall
provide a performance bond or a letter of credit to the
City which can be drawn upon to insure compliance with
this requirement. Annual inspection reports for each
on-site system within the development shall be provided
to the City by July lst each year.
6. The developers are hereby granted a variance from the
10 foot setback requirement for septic systems from the
rear lot lines adjacent to sewer easements.
7. Execution of a developers agreement for construction of
required improvements.
A. Installation of a water system in accordance with
the requirements of the City of Shakopee.
B. Installation of a street lighting system in
accordance with the SPUC Manager.
C. Installation of a storm sewer water system in
accordance with the requirements of the City of
Shakopee.
D. Construction of streets and street signs in
accordance with the design criteria and standard
specifications of the City of Shakopee.
E. In lieu of the park land dedication and/or fee the
developer shall provide a trail connecting Timber
Trails Addition and O'Dowd Park and payment in
lieu of park dedication. Said trail should meet
plans and specifications as approved by the City
Engineer. Said trail should be completed prior to
the issuance of a final certificate of occupancy
for the golf course club house.
F. The City shall have the right to hire a consultant
or expert to do an in depth lot by lot study of
the suitability for on-site septic systems of each
lot within the development. The City may add a
surcharge to the permit fee for on-site sewage
treatment systems to cover the cost of such
consulting services.
G. The Golf course shall carry sufficient insurance
to protect it from any liability resulting from
the play of golf over public land and water. Said
policy shall name the City as co-insured.
S. Approval of a title opinion by the City Attorney.
9. The owner shall submit a revised copy of the
Development Covenants to the City prior to final plat
approval. The revised covenants shall contain
requirements that a home owners association must be set
up and the home owners association will be responsible
4
t
for complying with conditions in #5 above setforth.
10. Lake View Drive South shall end at the established cul-
de-sac; A 16 foot emergency access road built to City
standards to hold emergency vehicles, shall be extended
from the cul-de-sac to County Road 79 ; the emergency
access shall be closed year round but there shall be
break-away barriers at one or both ends; the developer
shall maintain the 16 foot emergency access road year
round (including snow removal) . The developer shall
provide the City with a 30' wide permanent easement for
the emergency access road.
11. The City agrees to lease to the developer part of the
66' of park land between Lakeview Drive and Lake O'Dowd
in exchange the developer agrees to maintain the
property at such time when said action becomes legal.
ACTION 2: That the Planning Commission recommend to the City
Council approval of the amended preliminary and final
plat for Stonebrooke First Addition subject to the
following conditions:
1. Approval of title opinion by the City Attorney.
2 . Septic system sites must be staked and roped off during
construction periods to prevent compaction of the soil
by construction equipment.
3. The developers are hereby granted a variance from the
10 ' setback for septic systems from the rear lot lines
of lots adjacent to sewer easements. This variance
constitutes the extent of variances to be considered
and/or granted with respect to residential lots.
4. The golf course shall carry sufficient insurance to
protect it from any liability resulting from the play
of golf over public land and water. Said policy shall
name the City co-insured.
5. Execution of a developers agreement for construction of
required improvements.
a. Installation of water system in accordance with
the requirements of the SPUC Manager, if the City
decides to operate the system and if not,
installation must be in accordance with the
requirements of the State Health Department.
b. Installation of a street lighting system in
accordance with the requirements of the SPUC
Manager.
5
C. Installation of a storm water system in accordance
with the requirements of the City of Shakopee.
d. Construction of streets and location of street
signs in accordance with the design criteria and
standard specifications of the City of Shakopee.
e. Construction of a trail connecting Timber Trails
Addition to O'Dowd Park. Said trail shall meet
the specifications and have plans approved by the
City Engineer. The trail shall be completed prior
to the issuance of a final certificate of
occupancy for the golf course club house. The
trail shall be used as credit towards park
dedication requirements plus a cash payment. The
City will also be provided a permanent easement
for the land on which the trail is located.
f. The City shall reserve the right to hire a
consultant or expert to do an in depth lot by lot
study of the suitability of on-site septic systems
of each lot within the development. The City may
add a surcharge to the permit fee for on-site
sewage treatment system inspections to cover the
cost of such consulting services.
6. Separate appurtenant utility easement agreements for
each lot platted shall be recorded by the developer at
the time of filing the final plat. Said utility
easements shall conform to the approved PUD plan.
7. Lake View Drive South shall end at the established cul-
de-sac; a 16' roadway built to City standards to hold
emergency vehicles shall be extended from the cul-de-
sac to County Road 79. Emergency access shall be
closed year around, but there shall be break away
barriers at one or both ends; the developer shall
maintain the 16 ' emergency access road year around
including snow removal. The developer shall provide
the City with a 30 ' foot wide permanent easement for
the emergency access road.
8. Any access to County Highways will require an entrance
permit from the Scott County Highway Department.
9. All lots abutting a City street and a County Highway
shall have access from the City street.
10. If at such time as it becomes legal, or if the park is
vacated, the City agrees to lease to the developer part
of the 66 ' of park land between Lakeview Drive and
6
6
O'Dowd Lake in exchange the developer agrees to
maintain the property.
Motion passed unanimously.
V. PUBLIC HEARING: To consider approval of a preliminary and
final plat for Canterbury Park 3rd Addition. The plat
consists of two lots on 5.6 acres located on County Road 83
and 12th Avenue.
MOTION: Rockne/Kahleck moved to open the public hearing.
Motion passed unanimously.
Wise explained that an application for a preliminary and
final plat had been received to divide the parcel into two
separate lots to allow transfer of title of the vacant land.
The sewer service is not deep enough to serve the vacant
parcel and a lift station would be needed. A sewer plan
should be done prior to any building permits for the second
parcel. Staff is also recommending an additional 10 ' of
right of way for 12th Avenue on the south property line, a
permanent easement across Lot 2 shall be dedicated or
recorded, and no additional accesses to County Road 83 be
allowed. Grading, drainage, and erosion plans should be
submitted prior to issuance of a building permit.
Jon Albinson, 1244 Castleberry Road (representing the
developer) , came forward with his concerns on the land
running the length of 12th Avenue.
Forbord stated he was concerned that the City did not have a
more comprehensive sewer plan for the area. Perhaps the
City Engineer should be present.
Rockne expressed concerns about this division that had been
brought up when the shopping center went in. Wise responded
that when it was first approved this area had not been
included in the Municipal Urban Service Area (MUSA) . An
amendment to the MUSA had been made in 85 or 86 to allow the
shopping center. He stated that Lot 1 was of adequate size
to handle the requirements in a B-1 zoning district.
MOTION: Foudray/Rockne moved that the matter be tabled
until the outlay of the surrounding areas be
provided by staff and the developers provide a
sewer plan as requested. (No action taken by
Board)
Mr. Albinson came forward and asked if the conditions must
be met prior to the development of Lot 2.
Wise responded that the City Engineer had recommended the
7
matter be tabled or approved with the conditions.
Foudray noted that sewer and grading plans are preliminary
before final approval.
Forbord added that the Commission would like to receive and
review the sewer plans. He asked who would pay the
maintenance on the lift station, is there a comprehensive
sewer plan, and what is the City's plan for the area?
Wise noted that the applicant is requesting preliminary and
final approval at the same time. Both items can be tabled
or considered separately.
Albinson suggested a compromise could possibly be reached.
He felt it was better to do the design work in the future,
as there was uncertainty as to how the second lot would
develop. He added if the lift station were developed at
this time, the developer would need to pay for it.
MOTION: Foudray/Rockne moved that the preceding motion be
withdrawn. Motion passed.
MOTION: Foudray/Rockne moved that the Public Hearing be
closed. Motion passed unanimously.
MOTION: Foudray/Kahleck moved approval of the preliminary
plat subject to the following conditions, and that
the final plat, sewer and grading plans, and plans
for the immediate area be brought back before the
Commission:
1. Approval of title opinion by the City Attorney.
2. Execution of a developers agreement for construction of
required improvements:
a. Installation of water system in accordance with
the requirements of the SPUC Manager.
b. Installation of sewer system in accordance with
the design criteria and standard specifications of
the City of Shakopee.
C. Payment in lieu of land dedication for park
purposes shall be required.
d. Apportionment of special assessments according to
city policy.
3. The developer shall dedicate an additional 10' of
right-of-way for 12th Avenue along the South property
8
line as a part of the final plat.
4. A driveway easement across Lot 2 for the existing
driveway shall either be dedicated on the plat or
recorded by separate agreement.
5. Prior to approval of the final plat, the developer
shall submit a grading and drainage plan which must be
approved by the City Engineer. Said grading and
drainage plan must show the existing drainage patterns,
proposed grading plans, proposed drainage facilities,
storm water detention ponds, and erosion control plans.
6. Prior to approval of a final plat, a sewer plan for Lot
2 and the area to the South and East of the proposed
subdivision must be prepared and approved by the City
Engineer.
7. No additional accesses shall be allowed to C.R. 83 from
this plat.
VI. PUBLIC HEARING: Robert Swiggum request for a conditional
use permit to allow for the keeping of five horses on his
property.
MOTION: Foudray/Rockne moved that the public hearing be
opened.
Wise explained that a conditional use permit was previously
issued to this property and expired with the change of
ownership. Mr. Swiggum had been keeping a number of horses
on his land and was unaware that a new conditional use
permit needed to be applied for.
Robert Swiggum, 1976 County Road 18, came forward and stated
that he had 9 horses. He had an agreement to lease some
nearby pasture and with that extra leased land, he could
possibly meet requirements for 6 horses.
Wise noted that only the request before the Commission for a
maximum of five horses could be considered at this time and
an additional request would need to be considered at a
separate time.
Forbord asked for input from the audience. There was none.
MOTION: Kahleck/Rockne moved to close the public hearing.
Motion passed unanimously.
MOTION: Rockne/Kahleck moved approval of conditional use
permit #562 subject to the following conditions:
9
I. The applicant shall keep no more than 5 horses on
the site at any one time.
2. The horses shall be confined to a fenced-in area
with the minimum height of the fence at 3 .5 feet
and to be constructed of wood, wire, or other
durable material.
Motion passed unanimously. Chairman Forbord informed the
applicant of the 7 day appeal period.
MOTION: Foudray/Rockne moved that the Commission take a
short recess. Motion passed unanimously. Recess
taken at 9:05 P.M.
MEETING RECONVENED AT 9: 12 P.M.
VII. PUBLIC HEARING: Dorothy Loonan request for a conditional
use permit to operate a class I day care center for up to 30
children per session.
MOTION: Kahleck/Rockne moved to open the public hearing.
Motion passed unanimously.
Wise explained that the applicant proposes to lease an area
in the Canterbury Square shopping center for the day care.
An outdoor play area will be located in the parking lot.
Ten spaces can be removed and still meet the requirements
for parking. The ordinance amending the code for day care
facilities will go back to the Council on May 16th, and the
City Attorney has recommended that the Planning Commission
not approve the facility until the ordinance is in effect.
Staff recommends that testimony be taken and the public
hearing be continued until the next meeting.
Dorothy Loonan came forward and stated that she believed she
was in compliance with all requirements. She requested the
Commission meet again before June 8th to act on her request.
Wise stated the earliest the Commission could approve this
would be on May 25th at a special meeting, as the Council
will not adopt the ordinance until May 16th.
MOTION: Rockne/Kahleck moved that the public hearing be
continued to May 25th at 8 PM. Motion passed.
10
VIII.PUBLIC HEARING: Hardrives, Inc. request for a conditional
use permit to operate a hot mix asphalt plant with
structures in excess of 45 feet in height.
MOTION: Rockne/Foudray moved that the public hearing be
opened. Motion passed unanimously.
Wise explained the project and the location now being
requested.
Wise stated that the plant would be relocated to a different
site on the Shiely property if Shiely receives approval to
rezone the rest of their property to I-2. The plant
requires a permit from the pollution control agency. The
hearing for the rezoning will be June 8th.
Steve Hall, 7300 78th Ave. N. , Brooklyn Park, came forward.
He explained that Hardrives present lease is up July 31.
They are now bidding projects for the year and need to know
if the plant can be moved to the proposed site.
Forbord asked if he was correct in his understanding that
they would temporarily construct the plant and then move the
plant after rezoning has been approved.
Hall answered yes, that was correct.
Wise noted that rezoning could be approved by July 1,
depending on action taken by the City. He also stated that
if the rezoning is approved the applicants would have to
request an amendment to their conditional use permit for the
new location.
Steve Corte, 551 Valley Park Drive (representing Conklin
Co. ) , came forward and said he was supportive of his
colleagues-Hardrives and Shiely. He did have some concerns:
One was the odor problem and the other was the roadway runs
next to their building and it would be a congested area - he
had safety concerns. The intersection of Valley Park Drive
and the frontage road was narrow.
Bob Bieraugel, representing the Shiely Co. , came forward.
He offered his support to Hardrives' request.
Wise responded to questions on water hydrants by stating
that the cost would be born by the petitioners. He noted
the three conditions listed in the staff recommendations and
suggested two additions conditions be added:
4. The plant should not be operated during periods of air
inversion.
11
5. The plant shall utilize a bag house type of pollution
control device.
Kahleck noted that item 45 did not refer to odor.
Wise answered that there was a nuisance ordinance and also
the plant would be checked by the Pollution Control Agency.
Hall noted that when a plant is moved, it must be retested
within 14 days.
Forbord would like a stack sample once a year.
Hall answered a question regarding the length of the lease
by stating that they have a renewable lease with Shiely
every 3 years.
Virgil Driggins of Cyrus, MN came forward. He said he was
supportive of the Hardrives plant. He added the MN PCA
monitors the plant at least once a year with a three hour
test.
Forbord asked why theapplicant was against the stack
sample.
Driggins answered they were not against it, but it cost
$5,000.
Wise responded to questions on time restraints by stating
that if the item is continued, they would need to know the
reasons in order to get additional information.
Foudray said he had no objection to the relocation to the
rear of the property, but did not want it near the highway.
Hall said they are not opposed to the stack monitor and will
have it yearly if the City requires it. The test now set up
is a 10 hour test.
Wise responded to questions regarding landscaping
requirements by stating that the property does not abut a
residential area or public right of way.
Rockne noted it was 2 blocks from Highway 101, and 1/2 mile
.from valley Fair.
Hall felt the latest date the plant could be moved would be
July 31.
12
g
MOTION: Foudray/Kahleck moved that the hearing be continued
until June 8th, pending the results of rezoning. It would
be preferable that the applicant construct the facility on
the site where the rezoning is being requested. Motion
passed 3-1 with Rockne opposed.
Kahleck was concerned with the fact that if the conditional
use permit is denied, and the rezoning not granted, the
applicant is denied all.
IX. Lester Koehnen, request for a PUD for a mini storage.
Wise explained that the public hearing was closed at the
last meeting. The item had been tabled pending further
revisions. The applicant has revised the drawing and
included additional landscaping. The proposed building was
moved back to a 75' setback. Only four buildings would be
approved at this time and building five would need approval
later. Decorative block would be used on the front of the
building. The applicant feels the suggestions of a total
masonry building, changing of door from front to back, and
paving of parking and driveway accesses would pose
hardships. In response to a question, Wise said the impound
lot is not in compliance with Conditional Use Permit 471.
Some trees had been planted, but not every 151 . The fence
had not been made a solid fence.
Commission members expressed their concerns regarding the
existing landscaping and fencing around the impound lot and
what should be required of the applicant.
Koehnen questioned what the definition of opaque actually
was. He added that he had been bringing up the screening to
recommendations within the past two weeks.
Kevin O'Brien of Greystone Construction Co. came forward and
stated that he was confused on the matter. He said this is
a PUD, which indicated that negotiations would take place.
Discussion had taken place on what would be accepted and he
had understood that the fence would not need to be taken
down. He thought the applicant was doing what was required.
MOTION: Foudray/Rockne moved to approve the preliminary and
final PUD for four storage buildings subject to conditions #
1, 2 , 5, 6, 7, to & 11 as recommended by staff.
Discussion occurred regarding why conditions 3 , 4 , 8 & 9
recommended by staff were not included in the motion.
13
Koehnen had questions regarding condition 10 - would storage
be possible for boats and vehicles. He would like to see it
allowed.
MOTION: Foudray/Rockne agreed to amend their motion to
include Condition #8 to state a 17 ' setback instead of 271 .
Roll Call: Ayes: Foudray, Rockne
Noes: Forbord, Kahleck Motion failed.
Motion fails.
MOTION: Kahleck/Forbord moved that the Planning Commission
recommend to the City Council approval of the preliminary
and final PUD for four mini storage buildings subject to the
following conditions:
1. A fire hydrant, meeting the specifications of the Fire
Chief and SPUC shall be placed on the property prior to
issuance of a building permit for any of the buildings
located near the rear of the property.
2 . No additional accesses to C.R. 16 shall be permitted to
this site for this proposal.
3. Prior to the issuance of any building permits, the
landscaping and screening on this property must be in
compliance with the conditions contained in Conditional
Use Permit #471. Screening of the North property line
from the Northeast corner of the impound lot to the
Northeast corner of the property must be completed in
compliance with City Code requirements after
construction of the Upper Valley Drainageway is
completed.
4. Approval of this PUD is for four mini storage buildings
only. Mini storage building #5 as shown on the plan is
not approved and the applicant must receive approval
for an amendment to this plan prior to constructing
this building.
5. An 8 1/2 x 11 plan of the proposed buildings and an 8
1/2 x 11 copy of the site plan shall be provided to the
Fire Chief for the Fire Departments use.
6. There must be at least a 5' setback from the East
property line to the driveway and parking area
surrounding the proposed mini storage buildings. This
5 ' setback area must be landscaped and a barrier of
fencing, shrubbery or landscape timbers must be placed
between the driveway and the East property line where
it abuts the driveway of the neighboring property.
14
7. The timber and gravel landscape area in front of the
proposed mini storage buildings should be set back at
least 17 ' from the front property line.
S. The property owner shall provide the City with a
certified check, letter of credit, or performance bond
equal to 125% of the estimated cost of installing all
required landscaping and screening improvements except
along North property line. The City shall have the
right to utilize these funds to complete any
landscaping or screening improvements not in compliance
with the approved plan.
9. No exterior storage shall be located outside of the
fenced impound lot area.
10. No hazardous material shall be stored in any of the
buildings.
Foudray asked what the members wishes were regarding
condition 44.
Kahleck said the members were not in agreement whether or
not the applicant was in conformance.
Rockne felt the applicant had made a good effort.
Wise noted that as a condition of approval, the area must be
brought into compliance with the conditional use permit.
Whether the exact wording in the conditional use permit
should be adhered to or changed is a separate issue.
Forbord suggested tabling the application for a full body of
members.
Roll Call: Ayes: Foudray, Kahleck, Forbord
Noes: Rockne
Motion passed
MOTION: Foudray/Rockne moved that the Commission recommend
to the City Council that we accept the existing fence as in
compliance and that the additional planting that have been
added are in compliance. (no vote)
Kahleck had reservations on how the motion had been stated.
She did not feel we should be stating there was a solid
fence or trees every 15 ' now in place.
15
MOTION: Foudray/Rockne agreed to reword the motion to read:
The Planning Commission recommends to the City Council that
the conditional use permit be amended to allow the existing
screening as it is now, as the general intent of the
condition has been met.
Roll Call: Ayes: Rockne, Foudray, Kahleck
Noes: Forbord
Motion passed
X & XI.DISCUSSION ITEMS & OTHER BUSINESS
Chairman Forbord requested that staff place the discussion
items and other business on the May 25 agenda.
XII. ADJOURNMENT
Foudray/Rockne moved to adjourn until 8:00 P.M. on May 25,
1989. Motion passed unanimously.
Meeting adjourned at 11:30 P.M.
Sharon Swenson
Recording Secretary
Douglas K. Wise
City Planner
16
9
MINUTES OF THE COMMUNITY DEVELOPMENT COMMISSION
City Council Chambers
Shakopee, MN
May 10, 1989
Chairman Joos called the meeting to order at 5:30 p.m. with the
following members present: Commissioners Jane DuBois, Terry
Joos, Jon Albinson, and Mark Miller. Comm. Furrie was absent.
Also present were Barry A. Stock, Administrative Assistant,
Councilmember Zak, and Mr. Charles Brandmire, 640 Gorman Street
#307.
DuBois/Miller moved to approve the minutes of the April 12, 1989
meeting as kept. Motion carried unanimously.
Councilmember Zak reported that on Tuesday evening the City
Council approved Tax Increment financing for Mebco Industries,
Inc. Councilmember Zak stated that this was a real victory given
the current tax climate in Shakopee. He also stated that he has
received a list of questions from the Citizens Concerned for Fair
Taxation committee requesting answers to a variety of questions
on tax increment financing. He stated that Council was submitted
with the list of questions and they are evaluating how much staff
assistance they wish to provide to the Citizens Concerned for
Fair Taxation committee.
Councilmember Zak then went through some data which revealed the
economic impact that Mebco Industries could potentially have on
the City of Shakopee. Mr. Zak also shared with the Committee
some facts he had on job growth in other communities in the
metropolitan area as compared to Shakopee.
Comm. Albinson questioned whether or not the approval of the
Mebco project was due to the fact that we were using the
available bonds from the now defunct Shakopee Valley Motel
project. Councilmember Zak stated that he did not feel that this
was the real issue in the approval of this project. He felt that
the real issue was that this was truly a valid tax increment
project. Everyone knew that had it not been for the infusion of
tax increment dollars, Mebco Industries would have relocated to
Apple Valley or Chaska.
Comm. Albinson questioned what approach Scottland Developers and
the City of Shakopee staff should take in soliciting industrial
prospects to our community. He noted that the majority of the
industries looking for a site will not put up with the hassle
that Mebco Industries experienced in getting their project
approved. Councilmember Zak stated that, in his opinion, he
would entertain tax increment financing assistance for any
industry which met the sound criteria set forth in our Industrial
Development Assistance Policy. Councilmember Zak stated that by
1
the time the next industrial prospect comes into Shakopee he
hoped to have some of the TIF debt in Shakopee cleared out and
retired. He felt that this would make it more palatable for the
present City Council to approve new tax increment projects.
Comm. Miller questioned what time frame the Council was looking
at to retire the Kmart and Racetrack districts. Councilmember
Zak stated that the Concerned Citizens for Fair Taxation and City
staff are looking at this issue right now. At this time, he
stated that he could not comment on when and/or if these projects
could be retired early.
Comm. Albinson stated that he hoped City Council would
investigate all the pros and cons in a thorough manner before
retiring or defeasing any bond issues early. He stated that the
Kmart project is generating a healthy surplus that would enable
the City of Shakopee to pursue other improvement projects without
placing the cost of paying for these projects on the tax roles.
Councilmember Zak stated that the questions raised by the
Concerned Citizens for Fair Taxation to look at both the
advantages and disadvantages of all the issues relating to tax
increment financing including the retirement of several of the
districts.
Mr. Stock reported that the Warner Hardware site in Shakopee has
been sold. He noted that the site has been vacant for
approximately 4 years. Universal Lumber Line has acquired the
site and will be using it as a lumber warehouse and distribution
facility.
Chairman Joos questioned if Mr. Albinson had a report from the
Transportation Coalition. Mr. Albinson stated that no
significant action took place at the last meeting and that there
was another meeting scheduled on Thursday. Commissioner Miller
then gave the Committee an update on the Park Subcommittee. He
noted that he would like to add additional people to the Park
Subcommittee. He stated that several persons have contacted him
and expressed an interest in serving on the subcommittee. He
hoped that the subcommittee would have the opportunity to meet
later this month or in early June.
Mr. Miller stated that one of the first items that he would like
to have placed on the subcommittees agenda would be to have an
actual on-site inspection and inventory of the equipment in all
the City parks and the state of it's condition.
Mr. Stock reported that he has prepared a business appreciation
program for the Community Development Commission's review and
consideration. The purpose of the program would be to gather
input from Shakopee businesses regarding problems that they are
having and also to disseminate information to Shakopee businesses
regarding issues such as transportation and taxes.
2
Mr. Stock noted that he has broken down all the businesses into
groups of ten. The initial plan would be to contact ten
businesses each month and set up a luncheon or breakfast meeting.
The cost of the meeting to be picked up by the City of Shakopee.
Commissioner Miller questioned where we would go with the
information that was collected at the business meetings. Mr.
Stock stated that the Committee member scheduling the meeting
would be responsible for taking notes listing the concerns raised
by businesses at the meetings. if after several meetings general
patterns and reoccuring complaints are found, at that time we
could develop an action plan and perhaps a policy relating to
issues and concerns that come up. Mr. Stock noted that many of
the concerns that are raised could be included in our One Year
Work Plan and Five Year Work Plans. Mr. Stock also noted that if
it is just a simple problem that can be handled by staff on an
internal basis, staff would simply take the necessary action
immediately to resolve the problem.
Councilmember Zak suggested that if there are small items that
desire immediate attention, he could bring them to the attention
of City Council during his liaison report to Council.
Commissioner DuBois questioned whether or not we could have a
representative from the Chamber attend the business luncheons.
She felt that this would be a good opportunity for the Chamber to
keep tabs on what's happening in the business community. Mr.
Stock stated that he felt that the Chamber Director or a member
of the Chamber Executive Board would be more then happy to attend
the luncheons and serve on the subcommittee. Mr. Stock noted
that the Chamber of Commerce was creating a subcommittee on local
government of their Legislative Affairs Committee. This new
subcommittee could appoint a liaison person to serve on our
business breakfast appreciation program committee.
Mr. Stock then explained the process for setting up the breakfast
meetings. He noted that the Committee should attempt to contact
the 10 members on each list. Mr. Miller questioned if there is
not enough attendance from the one list if they should go to a
new page of businesses. Mr. Stock stated that they should try to
stay with one group of ten at a time. We will keep track of
those businesses that can not attend the breakfast meeting and
organize them into new groups of ten.
All the members expressed interest in serving on the subcommittee
as time permits. Commissioner Albinson volunteered to chair the
subcommittee.
DuBois/Miller moved to establish a business appreciation
subcommittee and adopt the business appreciation concept plan as
proposed by staff. Motion carried unanimously.
3
Discussion ensued on the Comp Plan meetings. Commissioner
Albinson stated that the Comp Plan is pro development. He
questioned whether or not several of the Councilmembers who are
not attending the meetings will be in favor of the Comp Plan as
drafted at this time. Commissioner Miller suggested that some
advance education be given to those Councilmembers who are not
attending the Comp Plan meetings prior to it's being placed on
the table for City Council consideration. Councilmember Zak
agreed with the Commissioners. He suggested that a status report
be sent to those Councilmembers who are not attending the
meetings.
Mr. Stock informed the Committee that Arnie's Bar in Downtown
Shakopee was recently listed for sale. A buyer has expressed
interest in the building. Mr. Stock stated that the interested
buyer may back out of the deal when he is told how much it will
cost to bring the building up to Code. If the interested buyer
backs out, Mr. Stock questioned whether or not the Community
Development Commission would be interested in recommending that
the City pursue acquisition and demolition. Mr. Stock stated
that the building as it presently exists is severely blighted.
Elimination of the structure would provide a nice walkway between
First Avenue, the First National Bank parking lot and the Second
Avenue lot. Mr. Stock noted that the Downtown Committee has not
completed their downtown property inventory and therefore can not
comment on the usefulness of the site. Mr. Stock stated that the
estimated cost to acquire the property and demolish the structure
was $70, 000. He questioned whether or not it was worth $70,000
for a walkway area.
Commissioner DuBois questioned what the proposed owner would have
to do to bring the property into conformance with City Code. Mr.
Stock stated that he was not sure of exactly what improvements
had to be made to the structure. Commissioner Miller questioned
what the intentions were of the new owner. Mr. Stock stated that
the owner would like to reopen the building as a bar.
Commissioner Miller questioned whether or not the property owner
was interested in preforming minimum improvements or actually
restoring the structure to it's fullest and best use. Mr. Stock
stated that he felt based on the comments received from the
Building Inspector that the proposed owner would simply like to
make minimum improvements to the building.
Mr. Stock updated the Committee on the issue of the liquor
license expiration and it's connection with the proposed
improvements. Commissioner Miller questioned whether or not the
Downtown Committee had made a recommendation on issue. Mr. Stock
stated that he felt the Downtown Committee would like to see the
building acquired and demolished but they officially did not take
action on this issue due to the fact that a buyer had been found
for the building prior to any City investigation into the issue.
4
It was the consensus of the Committee that they did not have
enough information to determine whether or not the City should
become involved in acquiring the property. The Committee
suggested that the City Building Inspector prepare a report on
how much it would cost to bring the building up to Code. The
Committee also questioned whether or not the interested buyer was
proposing minimum improvements or whether or not the proposed
buyer was interested in restoring the building to it's original
condition.
Mr. Stock passed out the questions that had been received from
the Citizen for Fair Taxation Committee. Mr. Stock noted that
many of the questions have been answered by staff in the past.
Mr. Stock stated that he would prepare a cost estimate on City
staff time to provide answers to all the questions proposed by
the Citizens for Fair Taxation Committee. He noted that City
Council would be acting on the issue on May 16, 1989.
Commissioner Dubois requested that the meeting time be moved back
to 5: 00 p.m. It was the consensus to commence future CDC
meetings at 5:00 p.m. Mr. Stock stated that he had a conflict on
June 14, 1989 and would like to schedule the meeting for June 7,
1989. The Commissioners did not have a problem with the proposed
change in the June meeting date.
DuBois/Albinson moved to adjourn the meeting at 7:10 P.M. Motion
carried unanimously.
Barry A. Stock
Recording Secretary
5
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VIA MESSENGER -
PIECEIVED
Honorable Delores Lebens
Mayor of Shakopee 'ja.
538 West 4th Avenue
Shakopee, MN 55379
CITY GF SHAKOPEE1
Mr. Dennis Craft
Shakopee City Administrator -
129 East First Avenue
Shakopee, MN 55379
Julius A. Coller II, Esq.
Shakopee City Attorney
211 West First Avenue
Shakopee, MN 55379
Re: Canterbury Inn Hotel and Restaurant
Dear Mayor Lebens and Messrs. Craft and Coller:
We represent First Minnesota Savings Bank, F.S.B. (First Minnesota) and
Centennial Investment Corporation (Centennial) , a subsidiary of First Minnesota.
The purpose of this letter is to address Julius Collar's concerns regarding
Centennial's operation of the Canterbury Inn Hotel and Restaurant (Hotel) under
the terms of a Liquor License Operating Agreement, dated May 1, 1989, with
Timothy D. Moratzka, the duly appointed Chapter 11 Trustee of Scottland Hotels,
Inc. In order to address Mr. Collar's concerns, it is important to discuss the
following facts.
The City of Shakopee issued a liquor license to Scottland Hotels, Inc.
which expires by its own terms on June 30, 1989.
On February 6, 1989 an involuntary Chapter 11 bankruptcy petition was filed
against Scottland Hotels, Inc. A copy of the notice of the petition is enclosed
as Exhibit A.
MOSS & BARNETT
A Pxoressonnt Assocunox June 2, 1989
Page —2—
The City of Shakopee, as a scheduled creditor of Scottland Hotels, Inc. ,
received notice of the Chapter 11 case and related proceedings.
All property of Scottland Hotels, Inc., including the liquor license,
constitutes property of Scottland Hotels, Inc. 's bankruptcy estate.
Action against Scottland Hotels, Inc. and property of Scottland Hotels,
Inc.'s estate is enjoined, effective February 6, 1989, under the automatic stay
provisions of Section 362(a) of the U.S. Bankruptcy Code.
On March 3, 1989, the U.S. Bankruptcy Court for the District of Minnesota
ordered the appointment of a Trustee of Scottland Hotels, Inc. The Court
approved the appointment of Timothy D. Moratzka as Trustee of Scottland Hotels,
Inc. Copies of the Orders appointing the Trustee are enclosed herewith as
Exhibit B.
On April 7, 1989, Timothy D. Moratzka (Trustee) entered into an agreement
with First Minnesota and Midwest Federal Savings and Loan Association of
Minneapolis (hereinafter collectively referred to as Lenders). A copy of the
April 7, 1989 Agreement (Agreement) is enclosed herewith as Exhibit C.
Under the terms of the Agreement, the Trustee agreed to transfer the Hotel
and all property necessary to the operation thereof to the Lenders. (See
paragraph 1, page 3 of the Agreement.) The Trustee further agreed that the
Lenders or their designee may, as the Trustee's agent, operate under the
existing liquor license pending issuance of a new liquor license to the Lenders.
(See paragraph 4, page 5 of the Agreement.)
On April 27, 1989, the U.S. Bankruptcy Court for the District of Minnesota
approved the Agreement and authorized the Trustee to execute such documents and
take such actions necessary to perform under the Agreement. A copy of the Order
is enclosed herewith as Exhibit D.
On May 1, 1989,. in accordance with the Agreement and the Order approving
same, the Trustee transferred the Hotel to Centennial. The Trustee did not
transfer Scottland Hotels, Inc. 's liquor license to Centennial.
On May 1, 1989, in accordance with the Agreement and the Order approving
same, the Trustee and the Lenders entered into a Liquor License Operating
Agreement (Operating Agreement). A copy of the Operating Agreement is enclosed
herewith as Exhibit E.
Under the terms of the Operating Agreement, the Trustee appointed
Centennial as his agent to operate under the existing liquor license from May 1,
1989 to July 1, 1989.
On May 30, 1989, Centennial filed with the City of Shakopee its application
for a new liquor license. Centennial has been advised by representatives of the
City of Shakopee that the application is complete.
MOSS & BARNETT
APwoeewau^ '"'^ON June 2, 1989
Page -3-
Mr. Collar has raised the following concerns regarding the liquor license:
1. Whether Scottland Hotels, Inc.'s liquor license has been transferred
to Centennial?
2. Whether the City of Shakopee may terminate Scottland Hotels, Inc. 's
liquor license?
3. Whether Centennial may continue operating the Hotel under the existing
liquor license?
Centennial responds to Mr. Coller's concerns as follows:
1. Scottland Hotels, Inc. 's liquor license has not been transferred to
Centennial. The liquor license remains property of Scottland Hotels,
Inc. 's bankruptcy estate. Centennial owns the Hotel and is operating
under the existing liquor license as the Trustee's agent.
2. The City of Shakopee may not terminate Scottland Hotels, Inc. 's liquor
license without first obtaining relief from the automatic stay from
the U.S. Bankruptcy Court for the District of Minnesota. The
automatic stay enjoins acts against property of Scottland Hotels,
Inc.'s estate, including the existing liquor license. Centennial
asserts that the City of Shakopee is not entitled to relief from the
stay because such relief is not necessary to the preservation of the
health, safety and welfare of the citizens of Shakopee. Centennial
has purchased reasonable insurance coverage for the operation of an
on-sale liquor establishment at the Hotel. Centennial has paid all
real estate taxes due on the Hotel. Centennial has operated the Hotel
in a responsible manner.
3. Centennial may continue operating under the existing liquor license as
agent of the Trustee of Scottland Hotels, Inc. until July 1, 1989.
This is in accordance with the court approved April 7, 1989 Agreement
and the May 1, 1989 Operating Agreement.
In the event the City of Shakopee terminates Scottland Hotels, Inc. 's
liquor license without first obtaining relief from the automatic stay from the
U.S. Bankruptcy Court for the District of Minnesota, Centennial may seek damages
arising from the interruption of business and the loss of profits.
Centennial wishes to fully cooperate with the City of Shakopee and is
prepared to address all concerns regarding the Hotel and liquor license.
MOSS & BARNETT
A Pnoeamoxu Assxunon June 2, 1989
Page -4-
We trust that this letter and the enclosed documents address the concerns
raised by Mr. Coller. If that is not the case, please call us immediately to
further discuss said concerns.
Very truly yours.
MOSS 6 BARNETT
A Professional Association
By
Barby a G. tuart
BGS/man
Enclosures
cc: Mr. Paul Lotzer
Mr. William Krueger
Mr. James Entgelmeier
Brian Leonard, Esq.
Charles Parsons, Esq.
Michael Flanagan, Esq.
LIQUOR LICENSE OPERATING AGREEMENT
II This Liquor License Operating Agreement is made and entered into this
l5(�day of May, 1989, by and among Timothy D. Moratzka ("Seller") , Chapter
11 Trustee, not on his own behalf but on behalf of the bankruptcy estate of
Scottland Hotels, Inc. ("Scottland") in the case of In re Scottland Hotels,
Inc. , Case No. BKY 4-89-509 (United States Bankruptcy Court, District of
Minnesota) ("Estate"), First Minnesota Savings Bank, F. S.B. ("First
Minnesota") , and Midwest Federal Savings and Loan Association of Minneapolis
("Midwest") , both United States of America corporations (collectively,
"Buyers") .
RECITALS
FIRST: In an Agreement by and among Timothy D. Moratzka, First Minnesota
Savings Bank, F.S.B. and Midwest Federal Savings and Loan Association of
Minnesota, dated April 7, 1989 ("Transfer Agreement") , Seller agreed to
transfer to the Buyers or their designee all of the Estate's interest in
certain real property, improvements and personal property thereon ("Property) ,
commonly known as the Canterbury Inn and Restaurant (Canterbury Inn) located
in the City of Shakopee, County of Scott, State of Minnesota, and a certain
liquor license issued to Scottland by the City of Shakopee ("Liquor License")
for the Canterbury Inn.
SECOND: On or about April 26, 1989, the United States Bankruptcy Court
for the District of Minnesota authorized the Seller to transfer the Property
to the Buyers or their designee, pursuant to the terms of the Transfer
Agreement.
THIRD: On page 5, paragraph 4 of the Transfer Agreement, the Seller
agreed, among other things, to designate the Buyers' designee as the Seller's
agent to operate that portion of the Canterbury Inn for which the existing
EXHIBIT E
Liquor License has been issued by the City of Shakopee, pending issuance of a
new license for the Property to the Buyers or their designee by the City of
Shakopee.
FOURTH: The existing Liquor License expires on July 1, 1989.
FIFTH: The earliest practical date by which the Buyers or their designee
can obtain a hearing from the City of Shakopee on an application for a new
liquor license for the Property is June 6, 1989.
SIXTH: The Buyers and the Seller desire to enter into this Liquor
License Operating Agreement in order that alcoholic beverages may be continued
to be lawfully sold on the Property under the existing Liquor License until
such time as the Buyers or their designee have had a reasonable opportunity to
apply for and obtain a new liquor license for the Property in their own name
or names.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals which are made
part of this Agreement; the terms, conditions and mutual covenants contained
herein; and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties agree as follows:
1. The Seller agrees to permit the continued lawful sale of alcoholic
beverages within the Canterbury Inn pursuant to the existing Liquor License
until it expires on July 1, 1989.
2. The Seller agrees to appoint Centennial Investment Corporation or
other designee of the Buyer as his agent to operate those portions of the
Canterbury Inn for which the existing Liquor License has been issued, and to
make such appointment effective from May 1, 1989 to July 1, 1989.
-2-
3. The Buyers agree to purchase reasonable insurance coverage for the
operation of an on-sale liquor establishment at the Canterbury Inn, and to
name the Estate as an insured under the policy or policies until the earlier
of July 1, 1989 or such time as the Buyers or their designee have obtained a
new liquor license for the Canterbury Inn.
4. Nothing herein requires the Seller or the Estate to renew the
existing Liquor License or to expend any of the Seller's or the Estate's funds
for the operation of an on-sale liquor establishment at the Canterbury Inn, or
to otherwise incur any liability as a result of said operation.
5. The Buyers agree to indemnify, hold harmless and release the Seller
and the Estate from any liability arising from or after May 1, 1989 from the
operation of an on-sale liquor establishment at the Canterbury Inn under the
existing Liquor License.
IN WITNESS WHEREOF, the parties hereto have set their hands as of the day
and year first above written.
TIMOTHY D. MORATZKA
CHAPTER 11 TRUSTEE, SCOTTLAND HOTELS, INC.
Timothy D. Mora zka
MIDWEST FEDERAL SAVINGS AND LOAN FIRST MINNESOTA SAVINGS
ASSLOCATION 0£ MINNEAPOLIS BANK, F.S.B.
4By
I!e Ite _i.
By
-3-
TENTATIVE AGENDA
REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 6, 1989
Mayor Dolores Lebens presiding
1] Roll call at 7:00 P.M.
21 Recess for H.R.A. Meeting
3] Re-convene
4] Liaison Reports from Councilmembers
5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS
61 Approval of Consent Business - (All items listed with an
asterisk are considered to be routine by the City Council
and will be enacted by one motion. There will be no
separate discussion of these items unless a Councilmember
so requests, in which event the item will be removed from
the consent agenda and considered in its normal sequence
on the agenda. )
*71 Approval of Minutes of May 9th and 16th, 1989
8] Communications:
*a] Gayden F. Carruth re: RFP for joint study of property
taxes
*b] Marjorie R. Henderson re: clean-up day at Murphy's
Landing
c] Senator Robert Schmitz re: property tax refund proposal
d] William Krueger re: pro-rating of liquor license fee
9] 7:30 P.M. PUBLIC HEARING - Roadway Improvements to Tyrone
Drive and Sharon Parkway in Killarney Hills Addition
10] Boards and Commissions: None
11] Reports From Staff:
a] Ronald Savino Septic System Variance
b] Tree Houses
c] Parking Problem at Valleyfair
d] MIS Coordinator Salary -
*e] Appointment of Acting City Administrator from June 9
through June 13, 1989
f] Approve Bills in Amount of $151, 155.52
g] Billing for Jackson Fire Calls
h] Payment of Consultant Invoice
i] Trunk Highway 169/101 Minibypass - Supplemental Agree-
ment to Consultant
j ] Stop Signs - Various Locations
TENTATIVE AGENDA
June 6, 1989
Page -2-
11] Reports From Staff continued:
k] Downtown Streetscape Benches
*1] Nomination and Appointment to the Downtown Committee
12] Resolutions and Ordinances:
*a] Res. No. 3060, Approving Plans and Specs for the Upper
Valley Drainage Project 1987-5
*b] Res. No. 3061, Approving Plans and Specs for 3rd Avenue
Between Spencer and Shumway, Scott St.
Between 2nd and 4th, and Atwood, Fuller,
Lewis, Sommerville and Spencer Sts Between
3rd and 4th Avenues - 1989-5
*c] Res. No. 3065, Amending Res. No. 3053 by Changing The
Date for the Assessment Hearing for the
Downtown Streetscape Project - 1987-2
d] Ord. No. 265, Prohibiting Barbecuing on Decks and
Balconies of Apartment Units
*e] Res. No. 3058, Receiving A Report and Calling A Hearing
on Improvements to the Alley in Block 102
of Original Shakopee City Plat - 1989-8
*f] Res. No. 3064, Accepting Work on the VIP Sanitary Sewer
Project - 1987-13
g] Res. No. 3062, Authorizing Condemnation Proceedings for
the Purpose of Constructing 5th Avenue
from Fillmore to Market - Project 1989-4
*h] Res. No. 3063, Amending Res. No. 2805 Vacating Easements
13] Other Business:
a]
b]
c]
14] Adjourn to Monday, June 19, 1989 at 7:00 P.M.
Dennis R. Kraft
Acting City Administrator
TENTATIVE AGENDA
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF SHAKOPEE, MINNESOTA
Regular Session June 6, 1989
Chairman Gary Scott presiding
1. Roll Call at 7:00 P.M.
2 . Approve the Minutes of May 2 , 1989 Meeting
3 . Other Business
a.
b.
4. Adjourn -
Dennis R. Kraft
Executive Director
OFFICIAL PROCEEDINGS OF HOUSING AND REDEVELOPMENT AUTHORITY
Regular Session Shakopee, MN May 2, 1989
Chairman Scott called the meeting to order at 7:01 P.M. with
Comm. Vierling, Clay, and Wampach present. Also present were
Mayor Lebens; Dennis Kraft, Executive Director; David Hutton,
City Engineer; Douglas Wise, City Planner; Julius A. Collar II,
City Attorney; and Judith S. Cox, City Clerk. Comm. Zak arrived
at 7:06 p.m.
Vierling/Wampach moved to approve the minutes of April 4, 1989.
Motion carried unanimously.
Wampach/Clay moved to adopt Resolution No. 89-2 Approving
Modification of the Redevelopment Plan for MN River Valley
Redevelopment Project No. 1, Establishing Tax Increment Financing
District No. 7 Located within Redevelopment Project No. 1 and
Approving and Adopting a Tax Increment Financing Plan related
thereto and moved for its adoption. Motion carried with Comm.
Scott opposed.
Clay/Vierling moved to adjourn. Motion carried unanimously.
Meeting adjourned at 7:05 p.m.
Dennis Kraft
Executive Director
Carol Schultz
Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ.REG.SESSION SHAKOPEE, MINNESOTA MAY 9, 1989
Mayor Lebens called the meeting to order at 7:00 P.M. with
Councilmembers Zak, Wampach, Clay, Vierling and Scott present.
Also present were Dennis R. Kraft, Acting City Administrator;
Julius A. Collar II, City Attorney; Judith S. Cox, City Clerk;
and Barry Stock, Administrative Assistant.
Wampach/Vierling moved to open the public hearing on the
modification of the City's Redevelopment Plan for its Minnesota
River Valley Redevelopment Project No. 1, establishment of Tax
Increment Financing District No. 7 to be located within
Redevelopment Project No. 1, and adoption of a tax increment
financing plan therefor. Motion carried unanimously.
The City's Financial Consultant, Dave Mac Gillivary, Springsted
Inc. , was present to explain the financing plan and answer
questions. The five areas within the financing plan which he
addressed included the type of district, the income calculations
for the new district #7, the impact of the joint powers agreement
between the city and the school district, the level of assistance
being provided from the plan, and the source of the financing.
Mr. Mac Gillivary explained that this is an economic development
district. The building will be approximately 60, 000 sq. ft. ,
will be built in 1989, and the building will be assessed its full
value as of January 1, 1990, for taxes payable in 1991. This
financing plan does not include the distribution of dollars to
the school district. The city will give the appropriate dollars
to the school district directly from the increment (pursuant to
the agreement between the school and the city) reducing the
amount going to MEBCO.
Mr. Mac Gillivary went on to explain that the school district has
some questions on how Springsted has interpreted the agreement
with the City. He proposed that when we get into the project
budget that the items listed in terms of assisting MEBCO be
maximized and that the attorney's who drafted the agreement work
out the differences with the school district as to their
interpretation as to how the agreement applies to the increment.
The difference is less than $2,000.
Mr. Mac Gillivary then addressed the level of assistance from the
City in the project. He stated that staff will need direction on
how to apply the three year policy as it relates to interest.
For this project he has calculated that the interest, which would
extend the project to about four and one-half years, would come
from the pooled resources of the other districts.
After Mr. Mac Gillivary answered questions from councilmembers,
Mayor Lebens asked if there was anyone in the audience who had
any questions. There was no response.
Proceedings of the City Council
May 9, 1989 Page -2-
Wampach/Clay moved to close the public hearing. Motion carried
unanimously.
Mr. Kraft reported that the Scott County Board had waived the 30
day review period and unanimously approved the project. He also
explained that Shakopee School District No. 720 had waived the 30
day review period.
Vierling/Clay offered Resolution No. 3051, A Resolution Approving
Modification of Redevelopment Plan for Minnesota River Valley
Redevelopment Project No. 1, Establishing Tax Increment Financing
District No. 7 Located within Redevelopment Project No. 1, and
Approving and Adopting A Tax Increment Financing Plan Relating
Thereto, and moved its adoption.
Roll Call: Ayes; Cncl. Wampach, Zak, Vierling and Clay
Noes; Cncl. Scott and Mayor Lebens
Vierling/Wampach moved to appoint Judith S. Cox acting City
Administrator from May 10th to May 15th, 1989. Motion carried
unanimously.
Vierling/Zak moved to recess until 7:00 P.M. Motion carried
unanimously. Meeting recessed at 6:28 P.M.
Clay/Vierling moved to re-convene at 7: 00 P.M. Motion carried
unanimously. Cncl. Zak and Scott were absent.
Clay/Vierling moved to convene as the Board of Review and adjourn
to the Scott County Courthouse in Room 319. Motion carried
unanimously.
Zak/Clay moved to re-convene as the Board of Review at 7: 13 P.M.
Motion carried unanimously. All councilmembers were present.
Also present were Dennis Kraft, Judith Cox, and Robert Schmitt,
Scott County Assessor.
Robert Schmitt reviewed the assessment of Elmer Otto, 1057
Eastview Circle. He said total estimated value is at $57,200.
Elmer Otto replied that there is still repairs that need to be
done and feels that it is estimated too high. He is asking to
reduce it $4, 000.
Vierling/Clay moved to change the total estimated market value of
Elmer Otto's property from $57,200 to $56,200 to accommodate
painting that needs to be done, parcel #27-092010-1. Motion
carried unanimously.
Proceedings of the City Council
May 9, 1989 Page -3-
Robert Schmitt reviewed Clete Link's property at 1440 W. 3rd
Avenue, the location of Link Building Supplies. He said he
compared Link's property to C. H. Carpenter Lumber Co. , in
Shakopee. The estimated value for 1989 is $169,200 which is an
added value of $6, 500. The oldest building on Mr. Link's
property is five years old. Mr. Link said the total amount of
money he has in the property is $157,500.
Scott/Zak moved to leave the 1988 total estimated market value of
Clete Link's property at 1440 West 3rd Avenue at $157,500 for
1989 which is the amount of money invested in the property,
parcel #27-015014-0.
Roll Call: Ayes: Cncl. Wampach, Zak, Scott, Mayor Lebens
Noes: Cncl. Vierling and Clay. Motion carried.
Discussion ensued on whether or not it is right to assess a piece
of property solely on what the cost of the building was and what
the owner has invested in it.
Mr. Schmitt reviewed Francis Vohnoutka's property located at 1431
E. 10th Avenue. He said it is a duplex built in 1968 . Total
estimated value is at $115, 300. Mr. Vohnoutka said he feels this
is a very high value up $12,000 from last year. He said duplexes
do not sell very good in the City and he would never be able to
sell it at the stated market value.
Vierling/Clay moved to reduce the estimated market value on the
Francis Vohnoutka property from $115, 300 to $60,000, parcel #27-
027003-0.
Roll Call: Ayes: None
Noes: Unanimous Motion fails.
Scott/Zak moved that Mr. Vohnoutka meet with Mr. Schmitt and
review the options for a possible reduction in the estimated
market value and come back to the board of review, if they can't
agree. Motion carried unanimously.
Zak/Wampach moved to reconsider the motion to set Mr. Clete
Link's estimated market value at $157,500. Motion carried with
Cncl. Scott opposed.
Cncl. Zak said he feels a total lack of understanding on how
values on commercial property are established. Discussion ensued
on the value of the old Warner Hardware property and what it sold
for. Mr. Schmitt said the Warner Hardware property and Mr.
Link's property should not be compared, they are completely
different.
Vierling/Clay moved to amend the motion by setting Clete Link's
estimated market value at $169,200, consistent with the
assessor's value, which would include the cost of the addition,
Proceedings of the City Council
May 9, 1989 Page -4-
parcel #27-015014-0.
Roll Call: Ayes: Cncl. Wampach, Clay, Vierling, and Zak
Noes: Cncl. Scott and Mayor Lebens
Motion carried.
Scott/Vierling moved to table Leroy Menke's appeal of the
estimated market value of parcel #27-133025-0 to May 16, 1989.
Motion carried unanimously.
Vierling/Scott moved to table Terrence Hennen's appeal of the
estimated market value of parcel #27-040010-0, to May 16, 1989.
Motion carried unanimously.
Vierling/Scott moved to table Terence Klinger's appeal of the
estimated market value of parcel #27-001620-0, to May 16, 1989.
Motion carried unanimously.
Scott/Clay moved to table Joseph Sand's appeal of the estimated
market value of parcel #27-907008-0, to May 16, 1989. Motion
carried unanimously.
Scott/Clay moved to table John and Melba Nelson's appeal of the
estimated value of parcel #27-006012-0, to May 16, 1989. Motion
carried unanimously.
Zak/Scott moved to receive and file the letter from Rahr Malting
Company indicating their intent to appeal the 1989 estimated
market value placed on their property, parcel #27-011115-0.
Motion carried unanimously.
Scott/Vierling moved to table James Rein's appeal of the
estimated market value of parcel #27-034008-0, to May 16, 1989.
Motion carried unanimously.
Vierling/Scott moved to receive and file the appeal of the
estimated market value of Ronald and Rosemary Schmitt of 620 W.
5th Avenue, parcel #27-001515-0. Motion carried unanimously.
Mr. Schmitt reviewed the estimated market value placed on Paul
Johnson's property at 934 Dakota Street. He said this property
has a severe water problem in the basement. Last year it was
valued at $68,500 and this year the value is $77,900. Mr.
Schmitt suggested that the Council recess and that he would then
get Mr. Johnson's records.
Scott/Clay moved for a 10 minute recess. Motion carried
unanimously.
Vierling/Wampach moved to reconvene at 8:57 P.M. Motion carried
unanimously.
Proceedings of the City Council
May 9, 1989 Page -5-
Discussion ensued on what has been done on the water problems in
Mr. Johnson's basement. Mr. Johnson said the problem has been
worked on and nothing can be done. He feels there may be a
spring underneath. Cncl. Scott said he felt with the water
problems that Mr. Johnson would never be able to sell the
property at the market value of $77,900.
Clay/Scott moved to reduce the estimated market value to $70,000
for Mr. Paul Johnson, parcel #27-125001-0.
Roll Call: Ayes: Unanimous
Noes: None Motion carried.
Scott/Vierling moved to table the appeal of the estimated market
value of Mr. Don Link's property, parcel #01-001664-0, to May 16,
1989. Motion carried unanimously.
Vierling/Clay moved to adjourn to Tuesday, May 16, 1989, at 7:00
P.M. Mo ion cried unanimously. Meeting adjourned at 9:05 p.m.
Jau�dith S.10.
CaClerk
rol Schultz
Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADS. REG. SESSION SHAKOPEE, MINNESOTA MAY 16, 1989
Mayor Lebens called the meeting to order at 8:00 p.m. with Cncl.
Wampach, Vierling, Zak, Scott and Clay present. Also present
were Dennis Kraft, Acting City Administrator; Douglas Wise, City
Planner; David Hutton, City Engineer; Julius A. Collar II, City
Attorney; and Judith S. Cox, City Clerk.
Liaison reports were given by councilmembers.
Mayor Lebens asked if there was anyone present who would like to
address anything not on the agenda. There was no response.
Vierling/Wampach moved to approve the consent business. Motion
approved unanimously.
Vierling/Wampach moved to approve the minutes of May 2, 1989.
(Motion approved under consent business) .
Dennis Kraft reviewed the letter received from Mr. Ronald Savino
relative to the sewer service on the property located at 519
Gorman Avenue. He said the property has a septic system that is
not functioning properly at this time. He is requesting that he
be allowed to repair or replace this system temporarily. The
City Code requires that property abutting a public street be
hooked up to city sewer within 3 years after sanitary sewer
construction. Mr. Savino said that the owners of the property
are planning to development in the future but they are not ready
at this time. They are planning to redevelop within 3 to 5
years. Cncl. Zak said he would like to have a 5 year cap put on
this request with a yearly inspection.
Vierling/Zak moved to allow Mr. Savino to put in repairs to the
septic system at 519 Gorman using the guidelines that are
currently in place, and there be a 5 year cap on usage of this
system. Motion carried unanimously.
Board of Review was continued from May 9, 1989.
Wampach/Vierling moved to remove Leroy Menke's property valuation
from the table. Motion carried unanimously.
Vierling/Clay moved to concur with Assessor's estimated market
value of $83,700 for parcel #27-133025-0. Motion carried
unanimously.
Clay/Vierling moved to remove Terrence Hennen's property
valuation from the table. Motion carried unanimously.
Vierling/Wampach moved to concur with Assessor's estimated market
value of $81,800 for parcel #27-040010-0. Motion carried
unanimously.
Proceedings of the City Council
May 16, 1989 Page -2-
Wampach/Vierling moved to remove Terence Klinger's property
valuation from the table. Motion carried unanimously.
Vierling/Zak moved to table the estimated market value for parcel
#27-001620-0. Motion carried unanimously.
Wampach/Vierling moved to remove James Rein's property valuation
from the table. Motion carried unanimously.
James Rein said he disagrees with his estimated market value of
$88,300. He said it was raised $6,000 in one year. The assessor
said it was increased because of the garage that was built. He
said he did not believe that his house would sell for what its
assessed value is. He intends to take this matter further. He
said the garage is strictly for storage and is not living space
and feels that it should not affect his property value. Cncl.
Wampach had a concern on whether or not the city was penalizing
someone who does there own work. The Assessor replied that the
assessing value is the same irregardless of what it cost to
build.
Vierling/Clay moved to concur with Assessor's estimated market
value of $88,300 for parcel #27-034008-0.
Roll Call: Ayes: Cncl. Vierling, Zak, Clay, Wampach and
Mayor Lebens
Noes: Cncl. Scott Motion carried.
Vierling/Clay moved to remove Joseph Sand's property valuation
from the table. Motion carried unanimously.
The Assessor said that Mr. Sand's would like him to reevaluate
his property on an income basis.
Vierling/Zak moved to concur with Assessor's opinion on the
estimated market value on an income basis, for Mr. Sand's
property at 1257 Marschall Road, parcel #27-907008-0.
Motion carried unanimously.
Vierling/Clay moved to remove John and Melba Nelson's property
valuation from the table. Motion carried unanimously.
Mr. Nelson said everything in his 10 unit apartment building is
23 years old and in need of repair. He pays taxes over $1100 per
year on each unit. The units have no dishwasher, showers, or
garages yet he is paying the same on taxes as some of the top of
the line apartment buildings in the City. He does not feel his
apartment building has increased in actual value. Cncl. Scott
said he feels the apartment values in Shakopee are decreasing
instead of increasing and would like that situation to be looked
into further. Mr. Nelson said he feels the value has decreased
at least 10$ of last years value which was $222, 000.
Proceedings of the City Council
May 16, 1989 Page -3-
Scott/Vierling moved to reduce the estimated market value of
$249, 200 by 10% for parcel #27-006012-0.
Roll Call: Ayes: Unanimous
Noes: None Motion carried.
Vierling/Wampach moved to concur with the assessor's estimated
market value reduction for Francis Vohnoutka to $100, 000, parcel
$27-027003-0. Motion carried unanimously.
Robert Schmitt said he has been trying to find another home
comparable in size to Mr. Don Link's home at 436 W. 6th. He said
his property is located in an area that does not have homes
valued at over $100,000. The total estimated market value is
$108,200. There was a 3 season porch built in 1986. The house
was constructed in 1947. Mr. Link said he feels that $2600 in
taxes is too much and the value is too high.
Vierling/Clay moved to change the estimated market value of Don
Link's home to $100,000 based on neighboring homes and traffic on
6th Avenue.
Roll Call: Ayes: Cncl. Wampach, Vierling and Clay
Noes: Cncl. Scott, Zak and Mayor Lebens
Motion fails
Zak/Scott moved to change the estimated market value of Don
Link's home to $95,000.
Roll Call: Ayes: Cncl. Scott, Zak and Mayor Lebens
Noes: Cncl. Clay, Vierling, Wampach
Motion fails.
Zak/Scott moved to change the estimated market value of Don
Link's home to $97,500, parcel #27-001664-0.
Roll Call: Ayes: Unanimous
Noes: None Motion carried.
Consensus of the Council was for staff to prepare a memo on the
establishment of an advisory committee for Board of Review for
next year.
Vierling/Zak moved to close the Board of Review. Motion carried
unanimously.
Vierling/Zak moved that the findings of the Board of Review be
approved and sent to the County Auditor for certification as of
May 30, 1989. Motion carried unanimously.
Scott/Vierling moved for a 10 minute recess. Motion carried
unanimously.
Vierling/Wampach moved to reconvene. Motion carried unanimously.
Meeting reconvened at 9:25 p.m.
Proceedings of the City Council
May 16, 1989 Page -4-
The City Planner reviewed the Amendment to the Final Planned Unit
Development (PUD) and Preliminary and Final Plat for Stonebrooke.
The developer is now requesting the City to amend the PUD plan
approval to allow the developer to provide an easement instead of
the dedicated right-of-way for the emergency roadway and also to
move the access road approximately 40 to 50 feet to the south
through the area between the club house and the parking lot to
fit with the design area. Concern was if the access road would be
big enough to service emergency vehicles going in and out. The
City Planner said the road will be 16 feet wide and be paved.
The Mayor asked if there was anyone from the audience who wished
to address this issue.
Don McKush, 3691 Marshall Road, gave a brief overview of the
development of this plat. He said he feels that they are finding
ways to step around the laws and regulations. He said he also
feels that Gary Laurent Builders have been getting unfair
advantage over other tax payers.
Gary Laurent, developer, stated that the Fire Marschall is
comfortable with the 16' easement for emergency access. He
explained that when Council originally decided to require
dedication of a 60' right-of-way, they didn't know whether it
would work or not; also, he is concerned for the safety of
pedestrians in this area.
Vierling/Zak offered Resolution No. 3056, A Resolution Approving
the Final Plan and Development Agreement for Stonebrooke Planned
Unit Development, as amended and moved for its adoption.
Roll Call: Ayes: Cncl. Vierling, Zak, Scott, Clay and Wampach
Noes: Mayor Lebens Motion carried.
Clay/Vierling offered Resolution No. 3057, A Resolution Approving
the Final Plat of Stonebrooke First Addition as Amended and moved
for its adoption.
Roll Call: Ayes: Cncl. Vierling, Zak, Scott, Clay and Wampach
Noes: Mayor Lebens Motion carried.
Mayor Lebens stated that she is opposed to homes on the lake and
concerned about future sewer problems.
The City Planner reviewed the Preliminary Plat for Canterbury 3rd
Addition. He said the proposed subdivision contains two lots, one
for the existing Canterbury Square Shopping Center and the second
lot will contain the surrounding property to the south and east.
The owners wish to transfer the vacant piece of land to a
separate corporation other than that which currently owns the
shopping center. The existing center is served by a sewer line
that comes to the northwest corner of the parcel and the sewer is
not deep enough to serve any area further south.
Proceedings of the City Council
May 16, 1989 Page -5-
John Albinson, Scotland Realty, addressed the issue of the
additional 10 feet of right-of-way dedication being required for
12th Avenue. He feels the additional 10 feet from this plat
should be sufficient for 12th Avenue. With this 10 foot taking a
new perimeter for right-of-way for 12th Avenue will be
established.
Scott/Wampach moved to approve the preliminary plat for
Canterbury 3rd Addition subject to conditions recommended by the
Planning Commission as contained in their minutes of May 4, 1989.
Motion carried unanimously.
The City Planner reviewed the preliminary and Final Planned Unit
Development (PUD) for four mini storage buildings proposed by Mr.
Lester Koehnen on his property located at Eagle Creek Blvd. He
said he has revised the plan to show five buildings but Planning
Commission is recommending only four buildings because that was
what was originally stated on the proposal. The plan does
include some landscaping along the Blvd. and screening for the
impound lot. He said the landscaping that is there meets the
intent of the conditions contained in the original Conditional
Use Permit for the impound lot. There was discussion as to
whether or not the screening that is in place now is sufficient
to meet the original conditions in Conditional Use Permit #471.
Vierling/Zak offered Resolution No. 3055, A Resolution Approving
The Final Plan and Development Agreement for Shakopee Storage
Planned Unit Development, and moved its adoption. Motion carried
unanimously.
Terry Forbord, 2103 Bridge Crossing. He said he supports the
proposal but he feels there is a problem with the planning
department monitoring conditions placed on the Conditional Use
Permits. He feels that the criteria attached to the conditional
use permit is not being followed. on the first anniversary of
the reviewal it was discovered that the applicant had not done
any of the criteria regarding landscaping or planting of trees.
He brought up the wording of the solid fencing that was supposed
to be in place. He feels the City should abide by the original
criteria set.
Mr. Koehnen replied saying the City approved the fencing that he
put in. He said the trees are getting planted and are 7-1/2 feet
high less than 10 feet apart.
Zak/Scott moved to amend Conditional Use Permit Resolution of the
City Council No. CC-471, "The storage area must be entirely
enclosed with a fence eight feet in height and 75% opaque. The
fence shall be set back ten feet from the rear and side lot
lines. Within the setbacks, a major coniferous tree must be
planted every fifteen feet at a minimum of six feet in height
Proceedings of the City Council
May 16, 1989 Page -6-
wherever existing live Poplar trees are not located" Motion
carried unanimously.
Clay/Vierling offered Ordinance No. 264, An ordinance of the City
of Shakopee, Minnesota, Amending Shakopee City Code Chapter 11
entitled "Land Use Regulation (Zoning) " by Enacting Provisions
Providing for Day Care Facilities and by Adopting by Reference
Shakopee City Code Chapter 1 and Section 11.99 which among other
Things Contain Penalty Provisions, and moved its adoption.
Motion carried unanimously.
The City Planner reviewed the concerns raised by Mr. Mahowald
regarding the improvement of 11th Avenue adjacent to his property
located at 1077 Prairie Street. Staff said that lith Avenue will
go through according to the plat of Meadows Addition. In 1977 he
was told that 11th Avenue would not go through and he constructed
a driveway off of Prairie Street to his garage. He said the
driveway in the right-of-way will be removed with the
construction of 11th Avenue. The City Engineer said right now
the construction of 11th Avenue is 3 to 5 years away but the City
will provide Mr. Mahowald with an adequate driveway to his garage
when it is constructed.
Vierling/Zak moved that the platting for Meadows Addition proceed
in accordance with the plans approved by the City and that the
removal of the existing driveway within the lith Avenue right-of-
way and the construction of new driveway approaches be included
in the 11th Avenue improvement project and that the cost
incorporated in the overall project cost. Motion carried
unanimously.
Vierling/Wampach moved to approve the application and grant an
Off Sale Non-Intoxicating Liquor License to Gateway Foods of
Minneapolis, Inc. , dba Brooks Superette #42, 1147 Canterbury
Road. Motion carried unanimously.
Wampach/Zak moved to approve the application and grant an Off-
Sale Non-Intoxicating Liquor License to Gateway Foods of
Minneapolis, Inc. , dba Brooks Superette #28, 615 Marschall Road.
Motion carried unanimously.
Vierling/Scott moved to table the Request for Information and
Assistance from the Concerned Citizens for Fair Taxation
Committee. Motion carried unanimously.
Dennis Kraft reviewed the proposed vacation of a 66 foot wide
park in Timber Trails Addition.
Vierling/Clay moved to authorize the Assistant City Attorney to
file the deed to the 66 foot park in Timber Trails giving the
City fee title and further authorize a vacation action in
Proceedings of the City Coucnil
May 16, 1989 Page -7-
District Court subject to the obligation of the Stonebrooke
developers to pay all court costs and fees related thereto and
the dedication of an easement over the East 10 feet of the
property for lake access for property owners of Timber Trails and
Stonebrooke subdivisions.
Roll Call: Ayes: Cool. Vierling, Zak, Scott, Clay and Wampach
Noes: Mayor Lebens Motion carried.
Scott/Zak moved to direct that the Stonebrooke developers pay an
amount of $603 . 00 to the City representing payment for the amount
of previously dedicated park land in Timber Trails which will no
longer be dedicated park land as a part of the Timber Trails
subdivision.
Roll Call: Ayes: Cncl. Wampach, Zak, Scott, and Mayor Lebens
Noes: Cncl. Vierling and Clay Motion carried.
Clay/Vierling offered Resolution No. 3049, Amending resolution
No. 2989, Adopting the 1989 Budget and moved for its adoption.
Roll Call: Ayes: Unanimous
Noes: None Motion carried.
Clay/Wampach moved to authorize appropriate City officials to
contract with Preferred Surfaces, Inc. to paint the waterslide
for a cost $1,990. 00. Motion carried unanimously.
Clay/Vierling moved to award the project of Riverview Park Fence
to Minnesota Valley Fence Co. , in the amount of $10,870. 00.
Roll Call: Ayes: Cncl. Vierling, Zak, Scott, Clay, Wampach
Noes: Mayor Lebens Motion carried.
Clay/Vierling offered Resolution No. 3050, Amending Resolution
#2989, Adopting the 1989 Budget, and moved for its adoption.
Motion carried unanimously.
Dennis Kraft reviewed the full-time M. I.S. Coordinator Position.
He said it has only been filled half-time since 1986. Discussion
ensued as to whether or not the employee should be moved up to
the top step of the pay plan since he has only been half-time in
this position for the past 3 years.
Zak/Clay moved to increase the salary to $33 , 079 for the MIS
Coordinator, which is half way between the current salary and the
top MIS step.
Roll Call: Ayes: Cncl. Vierling, Zak, Clay
Noes: Cncl. Wampach, Scott and Mayor Lebens
Motion fails
Scott/Vierling moved to maintain the current salary for the MIS
Coordinator until his anniversary date and that it be reviewed at
that time. Motion carried with Cncl. Clay and Zak opposed.
Proceedings of the City Council
May 16, 1989 Page -8-
Vierling/Clay offered Resolution No. 3052, A Resolution
Reaffirming the Vacation of Minnesota and Market Streets North of
Bluff Avenue, and moved its adoption. Motion carried
unanimously.
Wampach/Scott moved to approve a three (3) month leave of absence
without pay effective June 1, 1989 through September 5, 1989 for
Barbara Potthier, Public Works Receptionist and direct staff to
fill the vacancy with a temporary replacement. Motion carried
with Cncl. Clay and Vierling opposed.
Cncl. Vierling said she has a concern as to this starting a
precedence for others.
Zak/Scott moved to place a 3 month cap on the leave of absence
and at one time only. Motion carried unanimously.
Vierling/Wampach moved to approve the bills in the amount of
$588,225.92 .
Roll Call: Ayes: Unanimous
Noes: None Motion carried.
Clay/Vierling moved to direct the appropriate City staff to
utilize Peter J. Patchin and Associates. , Inc. , to do the
appraisal work associated with the 5th avenue Project at a fee of
$3,500. 00 lump sum plus $300.00 for each parcel for a total fee
of $10,400.00.
Roll Call: Ayes: Unanimous
Noes: None Motion carried.
Vierling/Wampach moved to authorize proper City officials to
enter into an agreement for participation in Urban Corps Program
between the City of Minneapolis and the City of Shakopee for a
period July 1, 1989 to June 30, 1990. (Approved under consent
business) .
Clay/Vierling moved to hold the annual picnic for the Boards and
Commissions on July 10, 1989. Motion carried unanimously.
Vierling/Clay moved to hold the annual employee picnic on July
24, 1989. Motion carried unanimously.
Clay/Vierling moved to authorize the Community Recreation
Director, upon proper reservation of the swimming pool under the
Community Recreation Group Rental Policy, to include free use of
the pool, water slide and picnic shelter for the 1989 Boards and
COmmissions picnic and for the employee picnic. Motion carried
unanimously.
Vierling/Zak moved to reconsider resolution No. 3051. Motion
carried unanimously.
Proceedings of the City Council
May 16, 1989 Page -9-
Mr. Kraft explained the minor housekeeping changes to the
resolution.
Vierling/Zak moved to approve Resolution No. 3051 as amended, A
Resolution Approving Modification of Redevelopment Plan for
Minnesota River Valley Redevelopment Project No. 1, Establishing
Tax Increment Financing District No. 7 Located Within
Redevelopment Project No. 1 and Approving and Adopting a Tax
Increment financing relating thereto. Motion carried with Cncl.
Scott and Mayor Lebens opposed.
Vierling/Wampach moved to nominate Charles Brandmire to the
Community Development Commission. (Approved under consent
business) .
Vierling/Wampach moved to dispense with the rules, and appoint
Charles Brandmire to the Community Development Commission to fill
the unexpired term of Donald Koopman, expiring January 31, 1991.
(Approved under consent business) .
Vierling/Wampach moved to nominate Theresa Roehrich to the
Downtown Committee. (Approved under consent business) .
Vierling/Wampach moved to dispense with the rules and appoint
Theresa Roehrich to the Downtown Committee. (Approved under
consent business) .
Clay/Vierling moved to set the date for the assessment public
hearing for the downtown Streetscape Project, Phase I for June
13, 1989, at 8: 00 p.m. and offered Resolution No. 3053 , A
Resolution Declaring the cost to be Assessed and Ordering the
Preparation of Proposed Assessments for Downtown Streetscape
Improvements Project No. 1987-2, and moved its adoption. Motion
carried unanimously.
Clay/Vierling offered Resolution No. 3054, A Resolution Declaring
Adequacy of petition and Ordering the Preparation of a report for
Alley Improvements to Block 102 of the Shakopee City Plat, and
moved for its adoption. Motion carried unanimously.
Scott/Wampach moved to adjourn to 9:00 a.m. on Monday, May 22 ,
1989. Motion carried unanimously. Meeting adjourned at 11:53
p.m.
J d th S. Cox
t Clerk
Carol Schultz
Recording Secretary
MAT 510-1
Shakopee Public Schools
Independent School District No. 720
District Office
Joan Lynch,Chair 505 S. Holmes Street
Suzanne Van Hour.Vice Chair Shako ee, Minnesota 55379
James Sorensen.Clerk P
Janet Wendt.Treasurer (612)445-4884
Jane Carlson,Director
James O'Brien,Director Cayden F.Carruth,Ph.D.,Supenntendent of Schools
Steven Johnson.Director Virgil S.Mears.Assistant Superintendent of Schools
May 10, 1989
Mr. Joe Ries
Scott County Court House
428 South Holmes Street
Shakopee, Minnesota 55379
Dear Mr. Ries:
The purpose of this letter is to inform you officially that on May
8, 1989, the School Board of Independent School District No. 720
approved the circulation of the Request for Proposals for a joint
study of the property tax situation in the taxing jurisdictions of
Scott County, the School District, the City of Shakopee, Jackson
Township and Louisville Township.
The conditions for approval were the same as those previously approved
by the County and City on May 2, 1989.
Sincerely,
�a.atLLr�J �• �-n�X-�v
GaydenAA_F. Carruth
Superintendent of Schools
Ll--�cc: Mr. Dennis Kraft, Acting City Administrator
GFC/nb
Action Requested
Acknowledge letter dated May 10, 1989 from Gayden F. Carruth,
Superintendent of Schools, regarding their approval of the
circulation of the Request for Proposals for a joint study
of the property tax situation in the taxing jurisdictions of
Scott County, the School District, the City of Shakopee,
Jackson Township and Louisville Township.
A Tobacco-Free School District An Equal Opportunity Employer
�b
HISTORIC �l
MURPHY'S LANDING
�.
palWg x11890-189ae.
n�v«mnv.9,rae.eorano WY2
2187 East Highway 191 shakoP ,Minn to 55379
�� (612) has 6909
May 25, 1989
City Council
City of Shakopee
129 East let Avenue
Shakopee, Minnesota 55379
Dear Council Members:
On behalf of the Board of Trustees of Historic
Murphy 's Landing, we wish to extend our sincere
appreciation for your participation in "clean-up"
day at the Landing by Cub Scout Troop 218.
It was an extremely rewarding experience for us to
have this group helping us to spruce up the
grounds, and especially in our garden areas. They
did a commendable job!
Again, many thanks .
Regards,
JH',.Vd4,r ..Mar jpr7e .
Director
MRH:ab
Action Requested
Acknowledge letter dated May 25, 1989 from Marjorie R.
Henderson, Murphy's Landing, regarding their appreciation
for the City's participation in "clean-up" day at
Murphy's Landing by Cub Scout Troop 218.
Vc
ROBERT J. SCHBUTZ
Senator 26th District
6730 Old Hwy.169 Blvd.
Jordan,Minnesota 55352
Phone: 492-2182OffSenate enate
235 State
235 State Capitol
St.Paul,Minnesota 55156 S
Phone: 296-7168
State of
May 24, 1989 M1WY-1VFD
Judith Cox M,AY 2 " 1989
City Clerk CITY
City of Shakopee OFSHgKppFE
129 East 1st Street `
Shakopee, Minnesota 55379
Dear Judith:
Enclosed you will find a copy of the specific final language that
is included in the 1989 Omnibus Tax Bill regarding the property
tax refund proposal that Representative Kelso and I authored in
the Legislature this year.
This is important to homestead property owners and will benefit
those owners only if they follow through and file for the refund
on Form M-1PR.
It would be very helpful if you could assist in anyway to get
property owners to understand what they need to do to receive
their refund.
As the enclosed copy states, the property owner is eligible for a
refund if his or her 1989 tax increased by more than 10 percent
over 1988. The state will pay 75 percent of that increase if it
is more than $40. The $250 cap has been removed so the refund in
some cases could be substantial. If a property owner has already
filed they do not need to file an amended return. The Department
of Revenue can adjust the refund to include the amount over the
cap.
Thank you for your assistance in this matter.
Sincerely,
6
ROBERT J. SCHMITZ
State Senator -- District 36
Enclosure
COMMITTEES • Chairman, Local and Urban Government•Rules and Administration• Transportation
Veterans • Taxes and Tax Laws • SUBCOMMITTEES• Property Taxes and Local Government Aids
COMMISSION:Legislative Commission to Review Administrative Rules
32 Sec. 3 . Minnesota Statutes 1988, section 290A.04, f
33 subdivision 2h, is amended to read: U
34 Subd. 2h. If the net property taxes payable in-?989 on a
35 homestead increase more than ten percent over the net property
36 taxes payable in ?988 the prior year on the same property, and
1 the amount of that increase is $40 or more, a claimant who is a
2 homeowner shall be allowed an additional refund equal to 75
3 percent of the amount by which the increase exceeds ten
4 percent. This subdivision shall not apply to any increase in
5 the net property taxes payable attributable to improvements made
6 to the homestead.
7 A-refeed-ender-thio-sebdirisien-ehnii-not-exceed-558:
8 For purposes of this subdivision, "net property taxes
9 payable" means property taxes payable after reductions made
10 pursuant-to under sections 273.13, subdivisions 22 and 23;
11 273 .132; 273 .135; 273 .1391; and 273.42, subdivision 2, and any
12 other state paid property tax credits and after the deduction of
13 tax refund amounts for which the claimant qualifies pursuant to
14 subdivision 2.
15 In addition to the other proofs required by this chapter,
16 each claimant under this subdivision shall file with the
17 property tax refund return a copy of the property tax statement
18 for taxes payable in the preceding year or other documents
19 required by the commissioner.
20 The provisions of this subdivision apoly to the increase in
21 property taxes over the ')rinr yerr for prcne7ty taxes payable in
22 1989 and 1990 only.
First Minnesota
June 1, 1989
Mr. Dennis Craft
Shakopee City Administrator
129 East First Avenue
Shakopee, Minnesota 55379
He: Canterbury Inn Hotel and Restaurant
Dear Mr. Craft:
On behalf of Centennial Investment Corporation ("Centennial"), who has acquired fee
title to the Canterbury Inn Hotel and Restaurant ("Hotel") from the Bankruptcy Trustee
of Scottland Hotels, Inc. ("SHI"), I am writing to request a waiver of the minimum fee
of approximately $5,000 specified for an interim liquor license. While Centennial does
not believe it is required to either apply for an interim license or pay an interim fee,
as a concession to the City of Shakopee ("City") and as a step in good faith to work
with the City, Centennial offers to pay a prorated portion of the annual fee for the
year ending June 30, 1989.
A brief history of the Hotel is that SHI was forced into an involuntary Chapter 11
Bankruptcy on February 6, 1989. First Minnesota Savings Bank, F.S.B. ("First
Minnesota") and Midwest Savings Association ("Midwest"), successor to Midwest Federal
Savings and Loan Association of Minneapolis ("Lenders") attempted to keep the Hotel open
and operating through the bankruptcy proceedings. These efforts benefitted not only the
Lenders, but also the employeea of the Hotel and the City. Subsequently, Centennial, a
subsidiary of First Minnesota, purchased the Trustee's interest in the Hotel. In an
agreement dated May 1, 1989 ("Agreement"), copy attached, between Timothy D. Moratzka,
Trustee for Scottland Hotels, Inc. , First Minnesota and Midwest, the Trustee agreed to
grant the use of the liquor license to the Lenders' duly appointed agent, Centennial,
pending the issuance of a new liquor license to the Lenders effective July 1, 1989.
Mr. Julius A. Coller, II, Shakopee City Attorney, has indicated his desire that an
interim license be issued due to his concern over the transferability of the license
from the Trustee to Centennial. Centennial believes the Agreement with the Trustee is
not a transfer of the license, but does allow Centennial to operate under the current
license until June 30th. However, to cooperate with the City, we acted as quickly as
possible to obtain the information required by the liquor license application and
submitted the information to the City on May 30, 1989.
Therefore, due to the unusual circumstances surrounding the Hotel, the financial
hardships experienced by the Hotel and the number of individuals employed by the
beverage operation at the Hotel, we request that the City Council waive the minimum fee
for the 3 weeks ending June 30 and prorate the annual fee over this time period. We
believe this constitutes a fair and equitable solution for all parties involved.
Sincerely, M
Will• nt et, Vice President
Centennial Investment Corporation
WMK/wpc
1873S
LIQUOR LICENSE OPERATING AGREEMENT
II This Liquor License Operating Agreement is made and entered into this
l5 day of May, 1989, by and among Timothy D. Moratzka ("Seller"), Chapter
11 Trustee, not on his own behalf but on behalf of the bankruptcy estate of
Scottland Hotels, Inc. ("Scottland") in the case of In re Scottland Hotels,
Inc. , Case No. BEY 4-89-509 (United States Bankruptcy Court, District of
Minnesota) ("Estate"), First Minnesota Savings Bank, F.S.B. ("First
Minnesota") , and Midwest Federal Savings and Loan Association of Minneapolis
("Midwest"), both United States of America corporations (collectively,
"Buyers").
RECITALS
FIRST: In an Agreement by and among Timothy D. Moratzka, First Minnesota
Savings Bank, F.S.B. and Midwest Federal Savings and Loan Association of
Minnesota, dated April 7, 1989 ("Transfer Agreement") , Seller agreed to
transfer to the Buyers or their designee all of the Estate's interest in
certain real property, improvements and personal property thereon ("Property) ,
commonly known as the Canterbury Inn and Restaurant (Canterbury Inn) located
in the City of Shakopee, County of Scott, State of Minnesota, and a certain
liquor license issued to Scottland by the City of Shakopee ("Liquor License")
for the Canterbury Inn.
SECOND: On or about April 26, 1989, the United States Bankruptcy Court
for the District of Minnesota authorized the Seller to transfer the Property
to the Buyers or their designee, pursuant to the terms of the Transfer
Agreement.
THIRD: On page 5, paragraph 4 of the Transfer Agreement, the Seller
agreed, among other things, to designate the Buyers' designee as the Seller's
agent to operate that portion of the Canterbury Inn for which the existing
Liquor License has been issued by the City of Shakopee, pending issuance of a
new license for the Property to the Buyers or their designee by the City of
Shakopee.
FOURTH: The existing Liquor License expires on July 1, 1989.
FIFTH: The earliest practical date by which the Buyers or their designee
can obtain a hearing from the City of Shakopee on an application for a new
liquor license for the Property is June 6, 1989.
SIXTH: The Buyers and the Seller desire to enter into this Liquor
License Operating Agreement in order that alcoholic beverages may be continued
to be lawfully sold on the Property under the existing Liquor License until
such time as the Buyers or their designee have had a reasonable opportunity to
apply for and obtain a new liquor license for the Property in their own name
or names.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals which are made
part of this Agreement; the terms, conditions and mutual covenants contained
herein; and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties agree as follows:
1. The Seller agrees to permit the continued lawful sale of alcoholic
beverages within the Canterbury Inn pursuant to the existing Liquor License
until it expires on July 1, 1989.
2. The Seller agrees to appoint Centennial Investment Corporation or
other designee of the Buyer as his agent to operate those portions of the
Canterbury Inn for which the existing Liquor License has been issued, and to
make such appointment effective from May 1, 1989 to July 1, 1989.
-2-
3. The Buyers agree to purchase reasonable insurance coverage for the
operation of an on-sale liquor establishment at the Canterbury Inn, and to
name the Estate as an insured under the policy or policies until the earlier
of July 1, 1989 or such time as the Buyers or their designee have obtained a
new liquor license for the Canterbury Inn.
4. Nothing herein requires the Seller or the Estate to renew the
existing Liquor License or to expend any of the Seller's or the Estate's funds
for the operation of an on-sale liquor establishment at the Canterbury Inn, or
to otherwise incur any liability as a result of said operation..
5. The Buyers agree to indemnify, hold harmless and release the Seller
and the Estate from any liability arising from or after May 1, 1989 from the
operation of an on-sale liquor establishment at the Canterbury Inn under the
existing Liquor License.
IN WITNESS WHEREOF, the parties hereto have set their hands as of the day
and year first above written.
TIMOTHY D. MORATZKA
CHAPTER 11 TRUSTEE, SCOTTLAND HOTELS, INC.
✓/" '
Timothy D. Mora zka
MIDWEST FEDERAL SAVINGS AND LOAN FIRST MINNESOTA SAVINGS
ASSLOCATION OF MINNEAPOLIS BANK, F.S.B.
B y By
I s Its
By
-3-
8d
MEMO TO: Dennis R. Kraft, Acting City Administrator
FROM: Judith S. Cox, City Clerk n�
RE: Fees for On Sale Liquor Licenses
DATE: June 2 , 1989
Introduction
The City has received a letter from Mr. William M. Krueger, Vice
President of Centennial Investment Corporation, requesting that
the City waive the minimum fee requirements for a liquor license
for the balance of the year.
Background
Section 5.02 Subd. 4B of the Shakopee City Code states that for
licenses issued and which are to become effective other than on
the first day of the license year, July 1, the fee to be paid
with the application shall be a pro-rata share of the annual
license fee. Provided, however, that in the case of an on sale
liquor license, the pro-rata share shall be not less than one
half of the annual on sale liquor license fees. As you are
aware, the on sale liquor license fees are based on the square
feet of customer floor area. The customer used floor area for
Scottland Hotels, Inc. doing business as Canterbury Inn is over
10,000 square feet. The annual on sale liquor license fee for an
establishment over 10, 000 square feet is $10, 570. 00. In addition
to the on sale liquor license fee, Scottland Hotels, Inc. also
holds a Sunday liquor license. The fee for a Sunday liquor
license is established by State Statute at $200. 00 per year. As
drafted the City Code does not have any provisions for waiving
license fees as referenced herein.
The City Attorney will be present on the June 6th Council meeting
and will be available to respond to any questions Council may
have regarding this matter.
JSC/jms
5 5:02
2. Certificate of Occupancy and Compliance
Required for On-Sale Establishments.
(a) No license shall be issued if a
suitable location is not part of the application and there must be
a certificate of occupancy and of code compliance in effect before
a license is issued.
Source: Ordinance No. 160 , 4th Series
Effective Date: 3-14-85
(b) Prior to the issuance of any such
certification , the licensed premises shall be connected to public
sewer and water except within a Planned Unit Development and there
shall be posted therein an Occupant Load Certificate for a maximum
permitted occupancy computed by Table 33A of the State Uniform
Building Code.
Source: Ordinance No. 238, 4th Series
Effective Date: 12-24-87
3. Delayed Issuance of License. Notwithstand-
ing the foregoing provisions of this Subparagraph B, or Subdivision
4, Subparagraph B of this Section, the Council may, in its sole
discretion and in the case of a new facility, grant an application
for a license but direct that the license shall not issue until the
applicant has fully complied with all of the requirements of this
Subparagraph B and Subdivision 4, Subparagraph B of this Section.
The time lapse between Council action in granting the application
( and the issuance of the license shall be limited to a 12-month
period and if compliance is not completed within such time a re-
application shall be required.
Source: Ordinance No. 195, 4th Series
Effective Date: 6-12-86
Subd. 4. Action.
A. Granting. The Council may approve any applica-
tion for the period of the remainder of the then current license
year or for the entire ensuing license year. All applications
including proposed license periods must be consistent with this
Chapter. Prior to consideration of any application for a license,
the applicant shall furnish a bond and insurance policy, pay
license fee , and , if applicable, pay the investigation fee .
B. Issuing. If an application is approved, the
City Administrator shall forthwith issue a license pursuant thereto
in the form prescribed by the City or the proper agency of the
State of Minnesota as the case may be. All licenses shall be on a
;`fiscal year basis, July 1 to June 30. For licenses issued and
which are to become effective other than on the first day of the
licensed year, July 1, the fee to be paid with the application
shall be a pro rata share of the annual license fee. Provided ,
however, that in the case of on-sale liquor licenses, the pro rata
share shall be not less than one-half of the annual on-sale liquor
license fee. Licenses shall be valid only at one location and on
the premises therein licensed.
-116- (10-15-88)
MEMO TO: Dennis Kraft, Acting City Administrator
FROM: Dave Hutton, City Engineer
SUBJECT: Killarney Hills Subdivision
DATE: May 24, 1989
INTRODUCTION:
Attached is Resolution No. 3059 for Council consideration which
orders plans and specifications prepared for roadways within the
Killarney Hills Subdivision, namely Tyrone Drive and Sharon
Parkway.
BACKGROUND:
In 1987 , the City Council ordered a feasibility report prepared
for constructing the streets within the Killarney Hills
Subdivision to City standards . The feasibility report was
completed in April, 1987 and subsequently the public hearing was
held and at the conclusion of the public hearing , the City
Council elected not to order the project because it was apparent
that the residents in the area did not want to pay the estimated
costs for improving the streets.
The streets have continued to deteriorate since that time and the
City of Shakopee's maintenance costs for the streets continue to
increase every year.
On May 2 , 1989 staff submitted the 1987 feasibility report to
Council and subsequently a public hearing was scheduled for June
6 , 1989 by Resolution No. 3047 •
Staff will go through the feasibility report at the public
hearing. Basically, the feasibility report recommends that these
streets be improved by bituminous pavement, curb & gutter and
storm sewers.
At the conclusion of the public hearing, if Council wishes to
proceed with the project Resolution No. 3059 which orders the
preparation of plans and specifications for the project , is
attached for Council consideration.
ALTERNATIVES:
Depending on the testimony at the public hearing, Council has the
following alternatives:
1 . Determine that the project should proceed and order staff to
prepare plans and specifications for the project.
2 . Determine that the project is not in the best interest of
the City and do not proceed any further with it.
3 . Table any action on this project in order to revise the
project scope or to direct staff to provide additional
information to Council.
RECOMMENDATION:
Staff recommends Alternative No. 1 , to proceed with the project
and order staff to prepare plans and specifications for the
project that is recommended by the feasibility report.
ACTION REQUESTED:
Offer Resolution No. 3059, A Resolution Ordering an Improvement
and the Preparation of Plans and Specifications for Roadways
Within Killarney Hills Addition, namely Tyrone Drive and Sharon
Parkway, Project No. 1989-7 and move its adoption.
DH/pmp
MEM3059
RESOLUTION NO. 3059 y
A Resolution Ordering An Improvement And
The Preparation of Plans And Specifications For
Roadways within Killarney Hills Addition
Namely Sharon Parkway and Tyrone Drive
Project No. 1989—T
WHEREAS, Resolution No. 3047 , adopted on May 2 , 1989 , fixed
a date for Council hearing on the proposed improvement of all
roadways within Killarney Hills Addition ( Sharon Parkway and
Tyrone Drive) by pavement, curb & gutter and storm sewer ; and
WHEREAS, ten days published notice of the hearing through
two weekly publications of the required notice was given and the
hearing was held on the 6th day of June 1989 , at which all
persons desiring to be heard were given an opportunity to be
heard thereon.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA:
1 . That the improvement is ordered as hereinafter
described :
The construction of bituminous pavement, curb & gutter
and storm sewer on Tyrone Drive and Sharon Parkway
located in Killarney Hills Addition
2. David E. Hutton, City Engineer is hereby designated as
the engineer for this improvement. He shall prepare plans and
specifications for the making of such improvement.
Adopted in session of the City Council of
the City of Shakopee, Minnesota, held this day of
19_•
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this day of
, 19_•
City Attorney
MEMO TO: City Council
FROM: LeRoy Houser, Building Official
RE: Ronald Savino
Septic System Variance
DATE: May 18, 1989
Please be advised, the variance granted to Mr. Savino is illegal
and contrary to the appeals process established by the Shakopee
City Council.
All variance requests from the Housing/Building and Plumbing
Codes must be channeled through the duly designated Board of
Review. Should this variance stand, the Mayor will have to sign
the permit, as I will not.
The variance as relayed to me by Mr. Savino indicates he can
repair, install or put in a holding tank. In essence, a carte
blanche variance. This is in itself is not in keeping with your
own policy.
I request the Council to reconsider this application and channel
the request to the Board of Appeals so they may forward their
recommendation to you.
In addition, this is a nonhomestead property. This repair will
trigger a housing code compliance inspection of the unit.
116
MEMO TO: City Council
FROM: LeRoy Houser, Building Official
RE: Tree Houses
DATE: May 23, 1989
We have researched the tree house issue and have concluded that:
1. No other City we contacted regulates tree houses under 120
sq. ft. unless a complaint is called in and then only if the
structure appears to be structurally defective and is in
danger of collapsing.
2. The State Code exempts one story structures under 120 sq.
ft. from building code and permit requirements.
I would recommend we follow state code and other communities
regarding this issue.
I believe involving us in a permit process for tree houses would
greatly increase our liability. There is no way an inspector
could tell the structural integrity of a tree branch by
permitting them through our building permit process. It would
give the applicant a false sense of security and would imply we
are saying "yes, the tree branches are of sufficient size with
adequate fibre bending strength and modular of elasticity to
support the intended load," when in fact the inspectors do not
know that.
If appears you have two alternatives. one, adopt a generic
ordinance conveying tree house contraction, or two, leave things
as they are.
I recommend we do not increase our liability exposure and leave
things as they are.
LH:cah
IL
MEMO TO: Honorable Mayor and City Council
FROM: Dennis R. Kraft, Acting City Administrator
RE: Parking Problem at Valleyfair
DATE: June 1, 1989
Introduction
The attached letter was received from Mr. Walter R. Wittmer the
General Manager of Valleyfair relative to parking on the service
road east of Valleyfair.
Background
The City installed a service road on the north side of Highway
101 in the vicinity of the Valleyfair Amusement Park. The letter
from Mr. Wittmer indicates that guests at Valleyfair are parking
on this frontage road. This results in loss of revenue for
Valleyfair on also the creation of an unnecessary traffic safety
problem as this traffic exits the frontage road. Mr. Wittmer is
requesting that the City block off the frontage road until the
property is developed or that one-hour parking limits be posted
to discourage this type of parking.
I have discussed this matter with the City Engineer and he is of
the opinion that we cannot legally block off a public street.
The other property owners adjacent to the frontage road have also
paid an assessment and this is a publicly dedicated street which
should be open to the public. However, the City Council can
implement and enforce reasonable parking restrictions on this
frontage road. A two-hour parking limit would probably provide a
remedy to Mr. Wittmer's problem and would not violate the law.
Alternatives
1. Do nothing.
2 . Enact an ordinance restricting parking on the frontage road
to a two-hour limit.
Recommendation
It is recommended that the City Council direct the City Attorney
to prepare an ordinance for consideration at next Council meeting
restricting parking on the frontage road north of Highway 101 to
two hours.
Action Requested
Move to direct the City Attorney to prepare an ordinance
restricting parking on the frontage road north of Highway 101 in
the vicinity of Valleyfair Amusement Park for a maximum term of
two hours.
r P
a«ey airy
Family Amusement PaRk
One Valleyfair Drive,Shakopee,MN 55379
(612)445-7600
May 22, 1989
Mr. Dennis Kraft
Acting City Administrator
City of Shakopee
129 E. let Avenue
Shakopee, MN 55379
Dear Mr. Kraft:
A problem has recently come to our attention that, in time,
will only get worse.
Quite a few of our guests have discovered the convenient,
free parking lot to our East on the unused service road. This not
only deprives us of considerable loss of revenue but creates an
unneccessary traffic safety problem when they cut across the
entrance lanes to exit onto Highway 101 .
Since the City of Shakopee assured Valleyfair that we would
not be in any worse condition after the condemnation than before,
we wonder why the City could not block off this service road until
the property gets developed or at least post a one hour parking
limit at the curb to discourage this practice.
I would be happy to discuss this with you further at your
convenience. Thank you for any help you can provide to solve this
problem.
Respectfully,
Walter R. Wittmer
Vice President/General Manager
WRW:dw
cc: R. Kinzel
L. Griffith
ACTION TAB
To:
Date
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OR YOUR COMMENTS [I FOR YOUR INFORMATION
❑ OR YOUR APPROVAL ❑ NOTE & RETURN
❑ TAKE APPROPRIATE ACTION ❑ NOTE & FILE
❑ CALL ME ❑ FOR YOUR SIGNATURE
❑ SEE ME ❑
❑ REPLY & SEND ME COPY El-
COMMENTS:
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MEMO TO: Dennis Kraft, Acting City Administrator
Gregg Voxland, Finance Director
FROM: Steve Hurley, MIS Coordinator
SUBJECT: MIS Coordinator Salary
DATE: June 1 , 1989
INTRODUCTION:
A memo from Gregg Voxland, Finance Director , recommending a
salary increase for the full-time MIS coordinator position was
voted down at the City Council meeting on May 16, 1989 • This memo
is intended to offer additional information which may not have
been considered.
BACKGROUND:
June 5th has been designated as the date when the current split
position Tech. III/MIS Coordinator becomes full-time MIS
Coordinator.
Discussion was held at the Council meeting regarding length of
time in the position. The Tech. III/MIS position has been in
existence for 3 years and my time was intended to be split 50/50 ,
however, the split exceeds 50% for computer matters since much of
my engineering duties are computer related with assessment
spreadsheets, traffic count data, Autocad applications and
graphics.
In 1986 Council action created the MIS/Tech III position to
become active on January 1 , 1987. In addition I have been in an
unofficial MIS capacity since the City installed computers in
1983 and have been involved in recommending hardware and
software, purchasing, installing, maintenance and training since
that time.
It should be noted that other part-time positions in the City
need to be occupied only for 12 months at each step before
progressing to the next step on the pay scale.
Following are the steps from the 1989 Pay Plan.
Step I Step 2 Step 3 Step 4
(Start) (1 Year) (2 Years) 0 Years)
MIS
Coord. $25 ,678 $27 ,390 $30 ,814 $34 ,238
Tech/III
MIS $23 ,940 $25 ,536 $28,727 $31 ,919
Tech III $21 ,698 $23 ,144 $26 ,037 $28,930
As can been seen from the difference in wage between the top step
of the Tech III/MIS position and the Tech. III position ($31 ,919
minus $28 ,930) the MIS half of the split position is worth
$2 ,989. It makes sense that the additional MIS duties to make
the position full-time should also be worth something. In this
case, $2 ,319 .00.
To not increase the salary along with the increased MIS duties
and change in title is essentially saying that those other duties
are worth nothing.
In addition, the full-time status carries with it an exempt
status. This means the position will not be allowed comp-time or
overtime, unlike the split position.
To leave the salary at its current level , $31 ,919, would place
the position somewhere between the 3rd and 4th step, in essence,
not a part of the adopted pay plan.
RECOMMENDATION:
Recommend reconsideration of the request for salary increase.
The position has been created and budgeted for and the criteria
have been met particularly with regard to length of time
performing MIS duties.
REQUESTED ACTION:
Move to reconsider the motion regarding the salary for the MIS
coordinator.
SH/pmp
SALARY
if
Memo To: Dennis R. Kraft, Acting City Administrator //
From: Gregg Voxland, Finance Director P
Re: Full-time M.I.S Coordinator Position
Date: May 10, 1989
Introduction
The current MIS/Eng Tech III will be a full-time M.I.S. Coordinator soon.
The compensation for this position needs to be addressed.
Background
Council created a full-time M.I.S. position in 1986 but it has only been
filed half-time since then. Council has now hired an Engineering Tech to
replace the Technician that has evolved into the MIS Coordinator. The
1989 Pay Plan has a listing for MIS Coordinator as opposed to the split
position of MIS/Tech III. The points (82) for the MIS Coordinator are
the same as for the MIS/Tech III. To establish the appropriate points, a
new TSP may be taken after a period of time. See attached.
Steve Hurley has been the MIS/Tech III for 3 years. Accordingly staff
recommends he be placed at the top step of the MIS Coordinator position
on the 1989 Pay Plan.
Alternatives
1.) Maintain current pay ($31,919/yr.)
2.) Top Step of MIS of MIS position ($34,238)
3.) Other
Recommendation
Alternative #2.
Action Requested
Move to classify Stephen Hurley as full-time MIS Coordinator at the top
step (3 years) of the 1989 Pay Plan effective June 5, 1989, and that this
is an exempt position as indicated on the Pay Plan.
GV:mmr
ocen ngs oS the City Coucnil
May 16, 1989 Page -7-
District Court subject to the obligation of the Stonebrooke
developers to pay all court costs and fees related thereto and
the dedication of an easement over the East 10 feet of the
property for lake access for property owners of Timber Trails and
Stonebrooke subdivisions.
Roll Call : Ayes: Cncl . Vierling, Zak, Scott, Clay and Wampach
Noes: Mayor Lebens Motion carried.
Scott/Zak moved to direct that the Stonebrooke developers pay an
amount of $603. 00 to the City representing payment for the amount
of previously dedicated park land in Timber Trails which will no
longer be dedicated park land as a part of the Timber Trails
subdivision.
Roll Call : Ayes: Cncl . Wampach, Zak, Scott, and Mayor Lebens
Noes: Cncl . Vierling and Clay Motion carried.
Clay/Vierling offered Resolution No. 3049, Amending resolution
No. 2989 , Adopting the 1989 Budget and moved for its adoption.
Roll Call : Ayes: Unanimous
Noes: None Motion carried.
Clay/Wampach moved to authorize appropriate City officials to
contract with Preferred Surfaces, Inc. to paint the waterslide
for a cost $1,990. 00 . Motion carried unanimously.
Clay/Vierling moved to award the project of Riverview Park Fence
to Minnesota Valley Fence Co. , in the amount of $10,870.00.
Roll Call: Ayes: Cncl. Vierling, Zak, Scott, Clay, Wampach
Noes: Mayor Lebens Motion carried.
Clay/Vierling offered Resolution No. 3050, Amending Resolution
#2989 , Adopting the 1989 Budget, and moved for its adoption.
Motion carried unanimously.
Dennis Kraft reviewed the full-time M. I .S . Coordinator Position.
He said it has only been filled half-time since 1986 . Discussion
ensued as to whether or not the employee should be moved up to
the top step of the pay plan since he has only been half-time in
this position for the past 3 years.
Zak/Clay moved to increase the salary to $33 ,079 for the MIS
Coordinator, which is half way between the current salary and the
top MIS step.
Roll Call: Ayes: Cncl. Vierling, Zak, Clay
Noes: Cncl . Wampach, Scott and Mayor Lebens
Motion fails
Scott/Vierling moved to maintain the current salary for the MIS
Coordinator until his anniversary date and that it be reviewed at
that time. Motion carried with Cncl . Clay and Zak opposed.
CONSENT
MEMO TO: Honorable Mayor and City Council
FROM: Dennis R. Kraft, Acting City Administrator
RE: Appointment of Acting City Administrator
DATE: June 2, 1989
Introduction and Background
I will be out of the office from Friday, June 9th through
Tuesday, June 13th. Therefore, an Acting City Administator
needs to be appointed.
Action Requested
Move to appoint Judith S. Cox Acting City Administrator from June
9 through June 13, 1989.
DRK/jms
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M
TO: Dennis R. Kraft, Acting City Administrator
FROM: Gregg Voxland, Finance Director
RE: Billing for Jackson Fire Calls
DATE: May 25 , 1989
Introduction
Jackson Township and the City have a contract for the
provision of fire suppression services. Jackson is asking for a
modification of the contract.
Background
Jackson Township is requesting the the City send out bills
for fires that occur in the township but on DNR, MDOT or railroad
property. The township would still be responsible for the fire
call, but the city would be providing the administrative service
of preparing and mailing the bill. The current contract with
Jackson does not provide for this service.
The contract with Louisville Township does provide that the
City will provide the billing service. The previous contract
with Jackson was identical to Louisville' s contract.
The billing process is a "hassle" and does put another task
on the staff of the Finance Dept which is already struggling
under its work load. However , the billing for Jackson would
probably entail two hours per month and from Council ' s
perspective it may be desirable to accommodate the request.
Alternatives
1 . Deny request (status Quo) .
2. Agree to provide the service.
Recommendation
Alternative 2 .
Action
Move to direct staff to provide billing services to Jackson
Township for fire calls to property owned by MDOT, DNR or the
railroads. Such service to consist of preparing and mailing one
copy of an invoice, payable to Jackson Township, and any followup
to be the responsibility of Jackson. The payment due the City for
the fire call itself remains the responsibility of the Township
in accordance with the current contract.
11k,
MEMO TO: Honorable Mayor and City Council
FROM: Dennis R. Kraft, Acting City Administrator
RE: Payment of Consultant Invoice
DATE: June 1, 1989
Introduction
Ronald E. Nelson was hired by the City to do some consulting work
on Murphy's landing. The City Council declined to pay the
earlier statement from Mr. Nelson. It is time to resolve the
issue.
Background
During the fall of 1988 Mr. Nelson performed some analysis for
the City Council on Murphy's landing. The total amount of
expenses incurred was $806.38. The City Council was not pleased
with the quality of the report and declined to pay Mr. Nelson's
statement. I have reviewed the statement and also discussed the
subject with Mr. Nelson. The amount includes one and one-half
days of consulting. In as much as the Council was not pleased
with the quality of the work I am recommending that the bill be
reduced by 33% of the labor on the study, or reducing the
consulting amount from one and one-half days to one day. This
would result in an amount suggested to be paid of $681.38.
It is my opinion that Mr. Nelson would also like to get this
issue resolved and that he would be amiable to this amount.
Alternatives
1. Pay Mr. Nelson the $681.38.
2. Pay Mr. Nelson the original amount of $806.38.
3. Do not pay Mr. Nelson anything.
4. Pay Mr. Nelson some other amount.
Recommendation
It is recommended that the City Council authorize a payment in
the amount of $681.38 to Mr. Ronald E. Nelson for consulting
services performed in conjunction with Murphy's Landing.
Action Requested
Move to authorize payment of $681.38 to Mr. Ronald E. Nelson for
consulting services performed in conjunction with Murphy's
Landing.
INVOICE
Ronald E. Nelson
Historical Consultant
P.O. Box 51
Bishop Hill, IL 61419
October 25, 1988
Charges for meeting with City Councel Committee in Shakopee and
subsequent report.
11., says consulting $375.00
airfare 278.00
milage to airport-90. @' 20p 18.00
parking 6.00
motel 39.13
meals 81.01
phone calls (M. Store's) 9.24
$806.38
/soh
315 ga(�.38
t25 rr�
Y4
i
�I
11,E
MEMO TO: Dennis Kraft, Acting City Administrator
FROM: Dave Hutton, City Engineer ��
SUBJECT: Trunk Highway 169/101 Minibypass
Supplemental Agreement to Consultant
DATE: May 24 , 1989
INTRODUCTION:
Attached is Supplemental Agreement No . 2 from Howard Needles
Tammen and Bergendoff, the design consultant for the T.H. 169/101
Minibypass Project.
BACKGROUND:
On December 1 , 1987 the City of Shakopee signed an agreement with
Howard Needles Tammen and Bergendoff (HNTB) for final engineering
design services associated with the T.H. 169/101 Minibypass. The
original agreement was based on an hourly rate schedule with a
" fixed not-to-exceed" figure based on a scope of services
developed by the City and Mn/DOT. The original agreement had a
"not-to-exceed" figure of $125 ,417 .00 .
In November, 1988 the City Council of Shakopee approved of
Supplemental Agreement No. 1 for HNTB. The total amount approved
under Supplemental Agreement No . 1 was $41 , 739 . 00 . This
supplemental agreement covered additional design services that
were not included in the original agreement.
HNTB is now requesting that the City Council approve of
Supplemental Agreement No. 2 which includes additional work that
was not covered by the original agreement or Supplemental
Agreement No. 1 . The total amount requested by this supplement
is $37 ,545 .00 . This amount includes the following costs:
Direct Salary $11 ,271 .00
Overhead and Profit $18,372 .00
Expenses $ 7 .902.00
Total Project Cost $37 ,545 .00
The multiplier for overhead and profit ( 1 .63) was established by
the original agreement. The additional services that are covered
by Supplemental Agreement No . 2 and requested by HNTB are as
follows :
1 . The final design of the pedestrian park located between the
pedestrian underpass and First Avenue , including any
additional retaining walls as a result of this park.
2 . Because Mn/DOT is forecasting that the north approach
embankment be bid in the fall of 1989, a separate set of
plans and special provisions will be necessary for this
work. When the main bridge and minibypass are bid in the
fall of 1990 , a second set of plans for the north approach
embankment will need to be prepared for the final grading.
The original contract agreement only called for preparing
one set of construction plans and specifications and now the
consultant will need to prepare two sets of plans for the
north approach.
3. The design of a temporary stairway from the existing bridge
to Levee Drive as a result of the request by the Minnesota
Historical Society to preserve the existing bridge.
4. The design of a parking lot between Fuller and Holmes Street
on the north side of the bypass to comply with the
conditions of the FONSI issued by the Federal Highway
Administration.
5. The design of a sedimentation pond on the north side of the
Minnesota River, including obtaining any necessary right-of-
way and easements for this pond. The original agreement
specifically stated that no sedimentation pond would be
needed on the north side of the river . Mn/DOT has now
informed the consultant that this sedimentation pond will be
required.
6 . Mn/DOT has requested that the consultant revise the existing
approved layout to include various items. Normally Mn/DOT
would revise this layout themselves but due to existing
staff workloads, they have requested that our consultant
revise the approved layout.
Again the total estimated cost for completing the above listed
items is estimated at $37 ,545 .00 as shown in the Supplemental
Agreement. The items and estimated costs that are listed in this
supplemental agreement have been determined to be justified by
staff. These design services will be paid for at the hourly rate
listed in the original agreement, with a "not-to-exceed" figure.
By approval of Supplemental Agreement No. 2 , the total contract
with HNTB for their design services would be $204 ,701 .00. This
additional work and cost would not affect the City' s total
contribution to Mn/DOT for this project of $1 .9 million dollars.
ALTERNATIVES:
1 . Approve of Supplemental Agreement No. 2 and authorize the
appropriate City officials to execute the agreement.
2. Deny the request.
RECOMMENDATION:
Staff recommends Alternative No . 1 to approve of this
supplemental agreement and to authorize the appropriate City
officials to execute the agreement. Staff has reviewed all of
the items involved and finds that they are justified.
ACTION REQUESTED:
Move to direct the appropriate City officials to execute
Supplemental Agreement No . 2 with Howard Needles Tammen and
Bergendoff, Inc. for the T. H. 169/ 101 Downtown Minibypass Project
in the total amount of $37 ,545 .00 .
DH/pmp
SUPP2
® HOWARD NEEDLES TAMMEN & 6ERGENOOFF ( !N/Nun[e
ARCHITECTS ENGINEERS PLANNERS Axwue sua
Suits NM
.winnelpolic Minnw�la
55435
May 25, 1989 (612)92 666
Mr. David E. Hutton
City of Shakopee
129 East First Avenue
Shakopee, Minnesota 55379-1376
RE: T.H. 169/T.H. 101 Downtown Shakopee Bypass
Dear Mr. Hutton:
This letter presents a supplemental agreement to an existing agreement
between Howard Needles Tammen & Bergendoff (HNTB) and the City of Shakopee
dated November 13, 1987 and accepted December 1, 1987, and the Supplement
No. 1 dated November 4, 1988 and accepted November 15, 1988. This
supplement covers work not in the above scope of services for final
engineering design of the T.H. 169/T.H. 101 Downtown Shakopee Bypass.
The following changes shall be incorporated in the above agreements.
Scope of Services
The scope of services will be modified to include those services described
in Supplement No. 2, which is attached and made part of this supplemental
agreement.
Compensation
The total estimated cost of the services based on this revised work scope
is as follows:
Original Agreement $125,417.00
Supplement No. 1 41,739.00
Supplement No. 2 37,545.00
Total Project Cost $204,701.00
The total amount to be paid by the City shall not exceed the sum without
another amendment to the agreement.
Compensation for HNTB's services will be direct salary costs multiplied by
a factor of 2.63 to cover all overhead costs and profit, plus direct
non-payroll costs at actual cost. Work will be done on a cost-plus basis
to a maximum fee.
City of Shakopee
may 25, 1989
Page 2 �I
Time of Completion
HNTB understands that construction limits for the right-of-way will be a
priority item for the proposed bid letting of the north approach surcharge
embankment in November, 1989. HNTB's design work shall be completed to
accomodate that letting. The remainder of the project will be completed to
meet a proposed bid letting in November, 1990.
Authorization
If the City agrees with the terms and conditions of this letter agreement,
please so indicate its acceptance by signing the original and two copies of
this letter and return the two signed copies to us. The original is for
City files.
ACCEPTED: ACCEPTED:
Howard Needles Tammen�& BBerge"ndoff City of Shakopee
By lg2 / J Ay�—� By.
Richard D. Beckman, P.E. Dolores Lebens, mayor
Date: S'ZS-89 Date:
By:
Dennis Kraft, Acting City
Administrator
Data'
By:
Judith S. Cox, City Clerk
Date:
Approved as to form this
day of 1988.
City Attorney
12293:13
SUPPLEMENT NO. 2
FOR
T.H. 169/101 BYPASS ROADUAY
This proposed Supplement No. 2 is to provide additional engineering
services not covered under the original agreement and Supplement No. 1
between the City of Shakopee and HNTB. Additional work is required to make
plan changes due to: providing final design of pedestrian park; addition
of 145 linear feet of retaining walls for pedestrian park; addition of a
phased design of surcharge embankment on north side of the Minnesota River;
addition of a temporary stairway from the existing bridge to Levee Drive;
and addition of a parking lot between Fuller and Holmes Street on north
side of bypass roadway; design of sedimentation pond; revise staff approved
layout and additional coordination due to right-of-way requirements.
A brief description of additional work follows.
o As a result of a request by the City of Shakopee to provide a
pedestrian park between the pedestrian underpass and First Avenue, a
final design of the park is required. This will include the
revision of construction plans and lighting plan of bypass roadway,
and providing the park layout plan. This extra work will require
preparing a 20 scale layout and construction detail plans showing
pedestrian trail, concrete stairways, landscape retaining walls,
benches, plants and shrubs, and special provisions for such items.
o As a result of the addition of the pedestrian park two additional
concrete retaining walls will need to be constructed. This extra
work was not covered under the Original Agreement and Supplement No.
1, and will require that approximately 145 lineal feet of retaining
wall be designed and detailed in the plans.
o As a result of a request from the State to surcharge the north
approach embankment due to poor soils and separate it into another
contract to be bid in the fall of 1989, a separate set of plans and
special provisions will be necessary. This extra work will include
preparation of construction plans and specifications, which are in
addition to those covered by the Original Agreement and Supplement
No. 1.
o As the result of a request by the Minnesota Historical Society to
preserve the existing bridge, a temporary stairway will be required
to provide access from Levee Drive to the bridge. This extra work
will require the design of a stairway, the detailing of stairway and
the modifications of existing bridge railing. No other trail design
along the river is in the scope.
o As a result of a condition in the project's FONSI and a request by
the City of Shakopee to design a parking lot between Fuller and
Holmes Streets on north side of the bypass roadway (to compensate
the loss of parking area in the city) a final design of a parking
lot and parking layout is required. This extra work was not covered
1
�1 Y
in the Original Agreement and Supplement No. 1 and will include
revision of construction plans, design of drainage, and providing a
20 scale parking lot layout plan and typical sections.
o As a result of a request by Mn/DOT to revise the current staff
approved layout, a new layout must be prepared. Additions to the
layout include adding the pedestrian underpass, location revisions
to retaining walls, addition of the pedestrian park with retaining
walls and access to the boat ramp from Levee Drive. This extra work
requires that a new layout be produced and information provided to
Mn/DOT for updating their CADD file of the layout.
o As a result of a requirement to secure a permit for storm drainage,
the State has requested that a sedimentation pond be constructed on
the north side of the Minnesota River. The extra work will include
design of the sedimentation pond size, design of pond inlet and
outlet and determination of pond location. The scope assumes that
there will need to be coordination between the Lower Minnesota River
Watershed District, Mn/DOT, DNR and USFW. The final location of the
sedimentation pond has not been agreed upon due to anticipated
right-of-way limitations.
o As a result of recent findings concerning right-of-way on the north
side of the Minnesota River, additional coordination will be
necessary to finalize right-of-way and easement requirements. This
extra work will include determining proposed locations for pedes-
trian trails as they affect access to the existing bridge and
proposed sedimentation pond.
12293:14
2
SUMMARY OF MANHOURS AND FEE ESTIMATE
SUPPLEMENT NO. 2
T.H. 169/101 BYPASS ROADWAY
MAY 24, 1988
I. FINAL DESIGN OF PEDESTRIAN PARK AND RETAINING WALLS
AVG. DIRECT
TASK HOURS RATE SALARY
1) Plan Incorporation and Coordination 30 15.00 $450
2) Lighting Design and Detail 24 20.00 480
3) Landscape Design By Subconsultant
4) Retaining Wall Plan Preparation 40 13.00 520
1 Additional Sheet
5) Retaining Wall Design - 145 Linear Feet 32 16.00 512
6) Quantity Computation 10 13.00 130
SUBTOTAL DIRECT SALARY 136 $2,092
* See Attached Subconsultant Agreement
II. PHASED DESIGN OF SURCHARGE F1BANI(MFNT
A. ROADWAY PLAN PREPARATION
AVG. DIRECT
SHEET DESCRIPTION HOURS RATE SALARY
1 Cover Sheet 20 12.00 $240
2 Quantities and Standard Plates 12 14.00 168
3 Traffic Control 20 13.00 260
4 Typical Sections and Miscellaneous Details 12 11.00 132
5 Existing Topography and Removal Plan 20 10.50 210
6 Planned Construction 20 11.50 230
7-11 Cross Sections 100 10.00 1,000
SUBTOTAL DIRECT SALARY 204 $2,240
3
B. ENGINEERING, DESIGN AND SPECIFICATIONS
AVG. DIRECT
TASK HOURS RATE SALARY
1) Typical Sections 8 15.50 $124
2) Traffic Control Design 16 19.00 304
3) Wick Drain Layout and Design 16 16.00 256
4) Grading and Construction Limits 10 13.50 135
5) Erosion Control Plan 20 15.00 300
6) Quantity Calculations and Cost Estimate 8 14.00 112
7) Special Provisions 16 20.00 320
8) Reproduction, Printing and Clerical 4 10.00 40
9) Supervision and Project Administration 16 20.00 320
SUBTOTAL DIRECT SALARY 114 $1,911
III. DESIGN TEMPORARY STAIRWAY FROM BRIDGE TO LEVEE DR.
AVG. DIRECT
TASK HOURS RATE SALARY
1) Design Stairway 36 16.00 $576
2) Design Modifications to Existing Bridge Rail 16 16.00 256
3) Detail Stairway and Railing 40 12.00 480
SUBTOTAL DIRECT SALARY 92 $1,312
IV. DESIGN OF PARKING LOT BETWEEN FULLER 5 HOLMES STREET
AVG. DIRECT
TASK HOURS RATE SALARY
1) Design of Parking Lot Layout 24 16.00 $384
2) Pavement and Typical Section Design 4 14.00 56
3) Drainage Design 8 15.00 120
4) Revisions to Construction Plans 16 13.50 216
5) Quantity Computations 4 13.00 52
6) Parking Layout Plan Preparation 24 10.50 252
1. Additional Sheet
SUBTOTAL DIRECT SALARY 80 $1,080
4
V. REVISION TO STAFF APPROVED LAYOUT
AVG. DIRECT
TASK HOURS RATE SALARY
1) Coordination 2 20.00 $40
2) Revise Layout 8 14.00 112
3) Assemble Information for Mn/DOT 6 12.00 72
SUBTOTAL DIRECT SALARY 16 $224
VI. DESIGN OF SEDIMENTATION POND
AVG. DIRECT
TASK HOURS RATE SALARY
1) Coordination with Mn/DOT 10 20.00 $200
2) Design of Pond Size 6 15.00 90
3) Determine Pond Location/Coordination 12 18.00 216
4) Design of Pond Inlet/Outlet 14 18.00 252
5) Revisions to Construction Plans & Details 36 12.00 432
6) Cross Section and Quantities 18 11.00 198
7) Coordination with Agencies due to R-O-W 40 20.00 800
8) Preparation of Exhibits for R-O-W 16 14.00 224
SUBTOTAL DIRECT SALARY 152 $2,412
TOTAL DIRECT SALARY 794 $11,271
5
VII. EXPENSES - SUPPLEMENT NO. 2
1) Computer, $0
2) Travel- 100
3) Materials 75
4) Reproduction/Printing 25
5) CARD (40 MRS @ $30) 1,200
6) Subconsultant - Westwood 6,502
SUBTOTAL EXPENSES $7,902
VIII. SUMMARY OF ESTIMATED COST - SUPPLEMENT NO. 2
Direct Salary (1.00) $11,271
Overhead and Profit (1.63) 18,372
Expenses (1.00) 7,902
TOTAL PROJECT COST $37,545
6
Westwood Poo essmnal Semces. Inc. W
May 10, 1989 F71 von Avenue South
Edina. Minnesom 55435
612-921-3373
Brooklyn Pan,612424-BN2
62
Mr. Jeff Stewart
Howard, Needles, Tammen, Bergendoff
6700 France Ave. South
Edina, MN 55435
RE: Shakopee Bypass
1 Amenity Package South of Betio
Services Proposal
Dear Hr. Stewart:
Westwood Professional Services is pleased to provide this revised proposal for
landscape architectural design services for the amenities package for the
sidewalk/stair link from the By-pass bebo to the intersection of 1st Avenue
and Holmes Street in downtown Shakopee. This proposal could become our
services agreement if accepted by Howard, Needles, Tamm an, Bergendo££, Inc.
It has been rewritten to contain the direct cost and multiplier method of
compensation similar to our present work arrangement. We hope this proposal
is acceptable. Thank you for contacting Westwood.
WESTWOOD PROFESSIONAL 'SEERVICES, INC.
Tim Erkkila, ASIA
Vice President, Planning
Attachment
P& 1 1 q
AGREEMENT p /L-
BETWEEN
HOWARD NEEDLES TAMMEN & BERGENDOFF
AND
WESTWOOD PROFESSIONAL SERVICES, INC.
RE: Shakopee Downtown Bypass
Amenity Package South of Bebo
THIS AGREEMENT is made and entered into by and between Howard Needles Tammen &
Bergendoff, hereinafter refereed to as the "CONSULTANT", and Westwood
Professional Services Inc. located at 8525 Edinbrook Crossing, Brooklyn Park,
Minnesota, hereinafter referred to as the "SUBCONSULTANT".
It is mutually agreed as follows:
I. Description of the Project
The nature of the project is design services for sidewalk and stair
paving, plantings and sodding, plus minor appurtenances such as benches,
trash receptacles and possibly bollards or non-structural retaining
walls. Not included are design services on mechanical or electrical
-
work, structural concrete, street or road paving or utilities. As
presently envisioned, the construction budget is approximately $70,000.
II. Description of Services
1 . Advance existing concepts and present to HNTB for client approval.
2. Prepare Design Development level plan for client approval. This
includes the accurate layout of all facilities, identification of
all materials and finishes, quantity take off for all materials.
3. Prepare Final plans and technical specification including:
a. Site Plan sheet (layout and dimensions, and identification
of all elements) .
b. Grading plan with spot elevations for key elements (stairs,
walls, etc. )
C. Planting Plan with plant type, size quantities, areas of
sodding or mulching.
d. Construction Details
1 ) Concrete stairs and metal handrails
'- 2) Sidewalk/trail paving
3) Special paving (exposed aggregate or present concrete
paving stone) sidewalks.
4) Landscape retaining wall (wood or precast concrete
blocks)
5) wood or concrete bollards, benches and bench
installation.
Shakopee Downtown Bypass
Page 2
e. Technical Specifications (Special provisions) foritems a-d
(above) plus a bid items list for inclusion in the proposal
form.
III. Materials to be Supplied By Howard, Needles, Tammen, Bergendoff
This proposal assumes that the following items shall be furnished by
the "CONSULTANT":
1 . Contextual Plan Base map accurately showing the limits of the
existing or proposed elements which form the area of this project.
2. Topographic map, grading, plan or paving details/cross-sections
which identify how the site shall be left by the construction work
in the HNTB contract. This data must include paving elevations
which Westwood must meet and how soils will be left by the grading
contractor prior to the amenities work of this project.
3. Soils tests or assurances that soils left in the amenity area are
suitable for on grade sidewalk/stair construction without soil
correction.
4. Mechanical, electrical or structural work relative to any
fountains, pools, lighting or structural retaining walls are a
part of the HNTB design responsibility.
S. Final specification organization, information to bidders, bid
forms, and general conditions, plus printing of plans and
specifications shall be by BNTB.
6. Construction layout shall be by HNTB, the contractor or by
Westwood (only if done as an additional service) .
IV. Time for Completion
The SUBCONSULTANT will submit completed plans for review by HNTB, Mn/DOT
and the City of Shakopee within twenty-eight (28) calendar days after
receipt of the notice to proceed or twenty-one (21 ) calendar days after
receipt of a contextual and topographic plan (see III above) for the
project area, whichever is longer.
V. Compensation and Method of Payment
The total compensation to the SUBCONSULTANT for site planning and
landscape architectural services in Exhibit A shall not exceed
$6,501 .90.
Payment to the SUSCONSULTANT for the services described in Exhibit A
shall be as follows:
Shakopee Downtown Bypass
Page 3
1 ) the direct salary costs incurred by employees of the SUBCONSULTANT
for time directly chargeable to the project;
2) office overhead and profit will be computed at 1 .75 times the
direct salary costs incurred by employees of the SUBCONSULTANT
3) other direct costs incurred that are properly allocable to the
project (including travel, materials, reproduction, etc. ) , except
that travel expenses shall be in conformance with Minnesota
Travel Regulations;
4) the actual acceptable costs for such additional items and
services as may be required by the CONSULTANT to fulfill the terms
of the agreement;
5) the SUBCONSULTANT may submit invoices monthly to the CONSULTANT --
and shall include the following information:
-payroll cost breakdown including employee name, classification,
pay rate, and hours worked during the billing period.
-other direct costs with supporting documentation.
6) the CONSULTANT shall submit the monthly invoices promptly to the
City of Shakopee and payment to the SUBCONSULTANT shall be made
within seven days of payment by the City.
VI. Disposition of Plans, Reports and Data
At the time Of completion of the services, the SUBCONSULTANT shall make
available to the CONSULTANT all maps, data, reports and other materials
pertaining to the project.
VII. Damages and Delays
The SUBCONSULTANT agrees that no charges or claim for damage shall be
made for any damages or hindrances from any cause whatsoever during the
progress of any portion of the work to be performed pursuant to this
Agreement. Such delays Or hindrances, if any, shall be compensated for
by an extension of time for such reasonable period as the CONSULTANT may
determine to be equitable under the circumstances, and the opportunity
for renegotiation of costs to the SUBCONSULTANT.
VIII. Assignment
This Agreement, being intended to secure the personal services of the
individuals employed by and through the SUBCONSULTANT performing work
hereunder, shall not be assigned, sublet or transferred without the
written consent of the CONSULTANT.
Shakopee Downtown Bypass
Page 4
IX. Abandonment, Change of Plan and Termination
The CONSULTANT has the right to terminate or reduced the scope of this
Agreement. In the event of termination there shall be no further
obligation of the CONSULTANT to the SUBCONSULTANT under this Agreement,
except for payment of amounts due and owing for services performed and
expenses incurred to the date and time of termination and the cost of
settling or discharging outstanding obligation of the SUBCONSULTANT with
respect to the termination for work and services, computed in accordance
with Section V of this Agreement. In the event of a reduction in scope
of the project work, the SUBCONSULTANT shall be paid only for the
services performed and the expenses incurred on the project work thus
reduced, computed in accordance with Section V of this Agreement.
Reduction in the scope of work shall be set forth in a written notice
from the CONSULTANT to the SUBCONSULTANT.
X. Insurance
The SUBCONSULTANT shall maintain insurance in the amount of $500,000 to
protect itself from claims arising out of the performance of
professional services under this Agreement and caused by any error,
omission, or negligent act for which it is legally liable. The
SUBCONSULTANT shall maintain his insurance in force, if available, after
the completion of professional services under this Agreement until the
expiration of any applicable statutes of limitations. In the event
there is no such statute specifically applicable, this insurance, if
available, shall be maintained in force for a reasonable period after
the date of completion of the project contemplated hereby. The
SUBCONSULTANT shall maintain insurance to protect itself from the claims
under worker's compensation acts, from claims for damages because of
bodily injury, including personal injury, sickness, disease, or death of
any employees or of any other person, from claims for damages because of
injury to or destruction of property, including loss of use resulting
therefrom, and from damage to or destruction of property, including
valuable papers and records coverage, and including loss of use
resulting therefrom. _.
The SUBCONSULTANT shall, upon request, furnish to the City of Shakopee
Certificates of Insurance evidencing all insurance required hereby,
including appropriate evidence that each type of insurance has been
properly amended to include coverage for this specific project. These
Certificates shall contain a provision that at least 30 days prior to
written notice will be given to each other in the event of cancellation,
reduction in or nonrenewable of the insurance.
Shakopee Downtown Bypass
Page 5
IN WITNESS WHEREOF. the CONSULTANT and the SUBCONSULTANT have executed this
AGREEMENT as of .this day of 1989.
CONSULTANT
By
SUBCONSULTANT
By
EXHIBIT A
STATEMENT OF WORK
FOR
LANDSCAPE AMENITY PACKAGE
A. PLAN PREPARATION
# OF AVG. DIRECT
SHEETS DESCRIPTON HOURS RATE SALARY
1 Site Plan 36 9.40 $ 357.20
1 Grading Plan 25 10.25 256.25
1 Planting Plan 32 9.40 300.80
7 Construction
Details 38 10.25 389.50
SUBTOTAL $1 ,303.75
B. DESIGN 3 SPECIFICATIONS
1 ) Plan Preparation Supervision 16 31 .25 $300.00
2) Specification Writing 10 31 .25 312.50
3) Quantity Calculations 12 9.40 112.80
4) Reproduction, Printing 8
Clerical 6 8.00 48_00
SUBTOTAL $ 973.30
C. EXPENSES
1 ) Travel - 50.00
2) Materials 90.00 _
3) Reproductions/Printing 100.00
SUBTOTAL 240.00
D. SUMMARY OF ESTIMATED COSTS
Direct Costs (1 .00) 2277.05
Overhead Profit (1 .75) 3984.85
Expenses (1 .00) 240.00
TOTAL $6501 .90
MEMO TO: Dennis Kraft, Acting City Administrator
FROM: David Hutton, City Engine .car \; Q
SUBJECT: Stop Signs - Various Locations
DATE: May 30, 1989
INTRODUCTION:
City Council has directed staff to study the possibility of
installing stop signs at various locations in the City of
Shakopee.
BACKGROUND:
Staff has researched the possibility of installing stop signs at
several locations. The following reports summarize each
location.
Tyler and 12th Avenue
Council directed staff to explore installing a 4-way stop sign at
this intersection.
Multiway stop signs are warranted if a) the total traffic volume
entering the intersection from all approaches is at least 500
vehicles per hour , b ) there are at least 5 accidents at the
intersection per a 12-month period and c) the volume of traffic
on both intersecting roads is approximately equal.
According to the traffic counts taken by the Engineering
Department , the average hourly traffic volume on both these
streets is under 100 vehicles per hour. Attachment 1 summarizes
the total and peak traffic volumes of each leg of the
intersection. The Engineering Department also has the hourly
traffic counts for each leg of the intersection.
In discussions with the Shakopee Police Department, there has
only been 1 traffic accident at this intersection for the last
12-month period.
Based on the above data, a multi-way stop sign is not warranted
at this intersection. But by personal observation and the number
of "near-misses" at this intersection, staff feels that some form
of traffic control should be implemented since the normal right-
of-way rule for uncontrolled intersections is unduly hazardous.
Because 12th Avenue is used by many motorists going to the mall,
staff considers this street the major street with Tyler being the
minor street. The traffic counts also confirms this. Since
there is an existing 4-way stop sign 1 block east of this
intersection (Harrison Street ) staff does not feel another stop
sign on 12th Avenue is justified.
The remaining alternatives consist of installing stop signs on
Tyler Street or yield signs on Tyler Street. Staff recommends
that stop signs be placed on Tyler Street, allowing 12th Avenue
traffic to have the right-of-way.
Remaining North-South Streets off 12th Avenue
Staff has received other citizen requests regarding various
north-south streets that intersect with 12th Avenue. These
requests indicate that there are numerous "near-misses" and
several accidents caused by vehicles on the north-south streets
failing to yield or even slow down for traffic on 12th Avenue.
Again, based on the "semi-collector" status of 12th Avenue and
the fact that it is used for access to the mall, staff feels that
some form of traffic control is warranted.
As a minimum, those streets that are or will be through streets
(Jackson, Monroe, Madison and Jefferson) should have stop signs.
In addition, those streets that make a T-intersection (Quincy and
VanBuren) should possibly have a stop sign or a yield sign.
Staff recommends installing stop signs on all of the north-south
streets that intersect with 12th Avenue between C.R . 15 and the
mall entrance . Once Vierling Drive is completed all the way
across Shakopee, this situation should be re-evaluated depending
on the traffic volumes on 12th Avenue.
4th Avenue and Holmes Street
Council directed staff to research whether or not stop signs are
warranted on Holmes Street, thereby making this intersection a 4-
way stop. (There are existing stop signs on 4th Avenue)
Again, the warrants that were discussed previously were used to
evaluate this intersection.
Traffic counts were obtained for all legs of the intersection and
are summarized in Attachment 2. While the hourly traffic volumes
did not average 500 vehicles per hour, they did average at least
200 vehicles per hour for an 8 hour period on 3 of the 4 legs of
the intersection. The traffic counts also reveal that the north
leg of the intersection (Holmes St. ) has the most traffic but the
east leg (4th Avenue) has the second highest traffic volumes.
The accident history for this intersection indicates that there
has been 11 accidents during the last 12 months. To further
compound the problem, parked cars on Holmes Street create a sight
distance for vehicles trying to enter Holmes Street off 4th
Avenue.
// t
Based on the traffic volumes, accident history and sight distance
problems, staff recommends installing stop signs on Holmes
Street, thereby making this intersection a 4-way stop.
The only negative impact of this action is that with an existing
stop sign on Holmes at 6th Avenue, the traffic on Holmes will
have to stop twice within two blocks of each other. Since these
will be the only 2 stop signs on Holmes Street between 1st Avenue
and 10th Avenue, staff does not feel that this will cause much of
an inconvenience to motorists traveling on Holmes Street.
Once the minibypass is constructed, the traffic volumes on Holmes
Street will probably change drastically and the situation should
be re-evaluated at that time.
ALTERNATIVES:
1 . Direct staff to install stop signs on the following streets.
a. On Tyler Street at 12th Avenue
b. On all north-south streets intersecting 12th
Avenue between C.R. 15 and the mall.
C. On Holmes Street at 4th Avenue making this
intersection a 4-way stop.
2. Direct staff to install stop signs on the streets listed
above except "b".
3 . Direct staff to take some other action regarding signs at
these intersections.
4 . Do Nothing.
RECOMMENDATIONS:
Staff recommends Alternative No. 1 , based on the discussion in
this memo.
REQUESTED ACTION:
Move to direct staff to install stop signs at the following
locations:
a. On Tyler Street, at 12th Avenue.
b. On Quincy , Jefferson, Madison, Monroe , Jackson and
VanBuren Streets all at 12th Avenue.
c. On Holmes Street at 4th Avenue making this a 4-way stop
intersection.
DH/pmp
STOP
a,
S
Traffic Counts - cru Attachment 1
Tyler St , &
12th Ave ,
24 Hr, Total= 894
1 Hr. Peak= 114
Al
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Ty ler St , a
L 2 O 2
S =
N ~ N
24 Hr. Total= 623
I Hr. Peak= 73
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Traffic Counts - Attachment 2
Holmes St . &
4th Ave ,
24 Hr. Total= 3753
1 Hr. Peak= 368
N n
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Ho t me s St . y G Y 0
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24 Hr. Total= 2606
1 Hr. Peak= 223
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Short Subjects in Traffic Control / 3
Four-Way Stop Controls.Four-way stop controls often
are perceivedby residents as means to reduce non-local
traffic and control speed in residential areas. Studies
generally conclude that they are ineffective for either
purpose. However, pressures from citizens continue to 800 feet or more away from the intersection on at
be made for their installation. least three sides.
Many traffic engineers take the position that four- 6. Installation of a four-way stop is compatible with
way stop controls,like any traffic control device,should overall traffic circulation needs for the residential
only be installed when "warranted," according to the area.
guidelines established in the Manual on Uniform Traffic
Control Devices.' In many jurisdictions, this approach Montgomery County, Maryland, has adopted similar
has been and continues to be very effective. However, reduced warrants for four-way stop controls in residen-
there is an increasing level of citizen involvement in traf- tial areas.10 The county will consider the installation of
fic engineering decisions,particularly in local command- four-way or multi-way stops when the request involves
ties, and several municipal agencies are attempting to an intersection of two collector streets that are primary
retain control over the decision-making process by to the area. The county requires at least a 60-40 percent
adopting guidelines for stop controls that are less volume split for four-way intersections and a 75-25 per-
restrictive than the Manual warrants. cent volume split for three-way intersections. It will
The city of Concord, California, is a good example. consider installation if there have been three or more
H. Richard Mitchell,traffic engineer in Concord,notes, correctable accidents in one year. Unique intersection
"In view of the special nature of neighborhood streets, characteristics also are considered as appropriate.
. . it is not appropriate to employ control device war- The installation of traffic controls internal to a
rants which are meant for high-volume arterial streets residential subdivision is a matter of continuing concern
carrying through traffic.Instead another set of warrants to local traffic engineers.Today,neither the Manual on
is needed, which adequately takes into account the Uniform Traffic Control Devices nor "political deci-
special needs and conditions found in conjunction with Bions" offers a satisfactory solution. A revision of the
residential neighborhoods."- Such warrants are consis- Manual would be appropriate to provide engineering
tent in principle with established Manual warrants in guidelines for the installation of traffic control devices
that they require objective evaluation and quantltative in residential areas.
substantiation of conditions such as volume levels,sight
distance, and accident experience. .Speed Rumpti. Speed bumps are not recognized as an
The warrants that have been followed successfully in offfcial [raft c control device although they have been
Concord, California, for the past 10 years are as used with some degree of success in certain jurisdic-
follows. tions."" The general consensus of practicing traffic
Volume: (a) Total vehicular volume entering the engineers is that speed bumps are not effective in reduc-
intersection from all approaches must average 300 per ing vehicle speeds. Extensive testing done by the city of
hour for any 8 hours of an average day(24-hour equiva- San Jose, California, confirmed that speed bumps of
lent approximately 4000 vehicles; and(b) the vehicular varying designs did not reduce vehicle speeds."If found
volume entering the intersection from the minor street that the bumps encouraged higher speeds, because the
or streets for the same 8 hours must average at least 'Vi faster the driver went over the bumps the more comfort-
of the total volume entering the intersection (100 per able the ride and the less noticeable the bump.
hour minimum). An additional and much more significant factor is the
Accidents:There must be five or more accidents that legal liability of local jurisdictions for installing an
could be corrected by stop signs occurring within a "unexpected hazard" in the roadway. Speed bumps
12-month period, with satisfactory observance and en- present an immediate and specific hazard to some
forcement of less restrictive control. vehicles (bicycles and motorcycles) and a potential
Visibility: The straight-line sight distance on one or hazard to all vehicles. It is not possible to design an ef-
more approaches of the major street for vehicles or fective, narrow speed bump for all types of vehicles.
pedestrians crossing the intersection must be less than One that is "comfortable" for small cars, for example,
160 feet. produces extreme discomfort for drivers of larger
Residential Area: Volume warrants must be reduced automobiles.
to 60 percent of the values above if all of the following The issue of the liability of jurisdictions for installing
conditions are met: speed bumps came up in a State Supreme Court case in
Mississippi. The case involved litigation against a local
1. Both streets have residential frontage with existing 25 jurisdiction for damages resulting from an accident in
mph speed limits. which the driver lost control of the vehicle after crossing
2. Neither street is an adopted through-street. a speed bump in the public right-of-way.The court held
3. Neither street exceeds 40 feet of roadway width. that the local jurisdiction was liable for placing an unex-
4. No existing stop sign or signal is located on the more pected hazard in the roadway.
heavily traveled street within 800 feet. It is the legal opinion of most local jurisdictions that
5. The intersection has four legs, with streets extending they could be held liable for installing speed bumps.
11K
MEMO TO: Dennis Kraft, Acting City Administrator
FROM: Dave Hutton, City Engineer
SUBJECT: Downtown Streetscape Benches
DATE: May 31 , 1989
INTRODUCTION:
Staff is requesting Council action regarding the placement of
benches for the Downtown Streetscape Project.
BACKGROUND:
In 1987 during Phase I of the Downtown Streetscape Project,
sixteen (16) benches were placed on Sommerville, Lewis, and 2nd
Avenue as part of the project. In 1988 when Phase II was under
construction, City Council deleted all benches from the project.
The Council also indicated that once the Phase II construction
was completed, the benches that had been installed on Phase I
would be relocated and spread over both phases of the project.
Attachment I is a map showing the location of all existing
benches in the downtown area . As previously indicated, all
benches are located in the Phase I portion of the project.
Staff has reviewed the downtown area to determine which nodes
would be able to contain a bench and are proposing to install the
benches as shown on Attachment 2 . Staff feels that the main area
of downtown that would utilize benches is Holmes, Lewis, and
Sommerville Streets based on the commercial establishments in
these areas and the atmosphere for shoppers. Staff is not
proposing to install any benches along the south side of First
Avenue at this time but rather will review the situationwhen
First Avenue is reconstructed using the streetscape design.
In addition to the proposed benches as shown on Attachment 2 ,
there are several existing benches along 2nd Avenue and Fuller
Street near Stans Park which are utilized by pedestrians. These
benches are not shown on the drawings because they are located on
private property rather than street right-of-way.
In an attempt to determine where benches should be placed, the
Community Development Department took a survey of the downtown
property owners to determine which ones would like a bench by
their property. Attached is a summary of this survey. The
property owners who completed this survey did not show any clear
cut preference for whether or not the bench should be located by
their property.
ALTERNATIVES:
1 . Move to direct staff to relocate the downtown benches as
proposed in Attachment 2.
2. Modify the proposed benches per Council discussion.
3 . Do Nothing, thereby leaving all benches where they are now
located.
RECOMMENDATION:
Staff recommends Alternative No. 1 .
ACTION REQUESTED:
Move to direct the appropriate City staff to install or relocate
the downtown benches as shown in Attachment 2 of this memo.
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DOWNTOWN REDEVELOPMENT PROJECT SURVEY I K
1. Do you rent or own property in Downtown Shakopee?
6 Rent/Lease 7 Own
2. Were you aware of the small group meetings that were held
with property owner/renters prior to construction to discuss
final project design as it related to your property?
(Meetings were held in the meeting room of the First
National Bank) If no, go to question #4.
10 Yes 3 No
3. How useful do you think the small group meetings that were
held prior to final design of the project?
6 very useful 3 somewhat useful 1 not useful
4. Please rate the quality of communication between you and the
contractor/city during the projects construction?
2 excellent 6 very good 3-good 1 fair —1 -poor
5. During project construction what effect did the construction
have on you retail sales?
4 No effect on sales
Increased sales
2 Decreased sales 5% or less
3 Decreased sales between 5% - 10%
4 Decreased sales more than 10%
Not applicable
6. Please circle the response that best describes your feelings
in relation to the following streetscape elements.
Somewhat Very
Very Dissatis- Dissatis-
Satisfied Satisfied Neutral fied fied
A. Nodes X (2 ) X ( 3) X (4) X (1) X ( 3)
(corner/alley curbing)
B. Paving Stone X (1) X (8) X (2) X (1) X (1)
C. Street Furniture X (2) X (8) X (1) X ( 1) X (1)
(Planters,
trash receptacles)
D. Decorative Lights X (3) X (7) X (2) X X
E. Sidewalks X (2 ) X (9) X (2) X X
F. Trees X (5) X ( 6) X (1) X X (1)
G. Final Product X (3 ) X ( 5) X ( 5) X X
7. Do you have any specific suggestions regarding A-G above?
(Please specify) See attached.
8.a. City Council has decided to delay placing benches in the
Downtown Redevelopment Area that was constructed this summer.
Do you think adding benches to this area would be a benefit
to your property and/or business.
2 Yes 7 No 4 Maybe
b. If you believe the benches would be beneficial, when do you
think they should be ordered and placed?
21989 _1990 _1991 4 After the mini by-pass is
complete.
9. What can we do to reduce the impact on property owners,
renters and patrons in future street improvement projects?
(Please specify)
See attached.
10. On a scale from 1 - 10 how would you rate the impact of the
improvement on Downtown Shakopee.
Negative Impact 1 2 3 4 5 6 7 8 9 10 Positive Impact
(3) ( 1) ( 1) (2) (2) (5) (1)
11. General comments:
See attached.
7 . Do you have any specific suggestions regarding A-G above?
Take out nodes.
The trucks making right turns off of Holmes to 2nd Ave.
consistently are driving over nodes so this might have to be
cut back.
Trees on north side of Fuller, trash receptacles on north
side of Fuller.
Keep bobcats off sidewalk until I have a chance to shovel my
sidewalk.
- - 9. What can we do to reduce the impact on property owners,
renters and patrons in future street imirovement projects?
Have further planning 5 years and start a small amount of
tax across the entire town now.
Forget the frills and do basic improvements.
I don't think you can do any better than you did. The long
period of time of construction was the only problem.
We would hope the Council will listen to the people more.
Let property owners know cost to them, how cost are
determined, and tax impact prior to project approval and
start.
Start and finish one road before moving onto another. This
way there won't be detours all over.
Make sure alternate routes to businesses are clearly marked.
You did a good job!
11. General Comments:
Better parking easier to park.
Good job - City staff did an excellent job/good response to
problems.
It looks great but of little value until the bypass (both)
are complete.
CONSENT J/
MEMO TO: Dennis R. Kraft, Acting City Administrator
FROM: Judith S. Cox, City Clerk'-
RE: Nomination and Appointment to the Downtown Committee
DATE: June 1, 1989
Introduction
I have received an application from Charlie Fonder who is
interested in an appointment to the Downtown Committee.
Background
The Downtown Committee may be comprised of 11 to 20 members, as
currently established. There are only 9 members currently
serving on this committee.
The routine procedure for appointments to Boards and Commissions
provides that individuals are nominated at one meeting and
appointed at the next meeting. Because there is a shortage in
the membership on the Downtown Committee, Council may wish to
dispense with the rules and make the nomination and appointment
at the same meeting.
Alternatives
1. Do not nominate Charlie Fonder to the Downtown Committee.
2 . Nominate Charlie Fonder to the Downtown Committee.
3 . Nominate Charlie Fonder to the Downtown Committee, dispense
with the rules, and appoint Charlie Fonder to the Downtown
Committee.
Recommendation
Alternative No. 3 .
Recommended Action
1. Nominate Charlie Fonder to the Downtown Committee.
2. Dispense with the rules and appoint Charlie Fonder to the
Downtown Committee.
JSC/jms
A??LICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS
City of Shakopee
129 East First Avenue
Shakopee, Minnesota 55379
We welcome you as a possible applicant for one of our City Boards
and/or Commissions.
What are the qualifications for serving on these advisory Boards
and Commissions? You must be a resident of Shakopee, except where non
residency is permitted by Council resolution, and more importantly, you
must have an interest in serving your community.
The Boards and Commissions meet during the evening and typically
have from one to two meetings per month, as follows:
Planning Commission/Board of 1st Thursday after 1st Tuesday
Adjustments and Appeals at 7: 30 p.m.
Community Development Commission 2nd Wednesday at 5:00 p.m.
Energy & Transportation Committee 3rd Thursday at 7:00 p.m.
Ad HOC Downtown Committee - As Needed Wednesday at 7:30a.m.
Cable Communication Commissions As Needed Monday at 7:30 p.m.
Housing Advisory and Appeals Board As Needed
Buildina Code Board of Adjustment As Needed
& Appeals
Shakopee Public Utilities Commission 1st Monday at 4:30 p.m.
Shakopee Community Recreation 3rd Monday at 7:00 p.m.
Police Civil Service Commission �1AsNeeded n
Name:Olay-/&C Q-0Gryl AddresslO /.t6 EF Cb Y. HU,' 7 /Y's(&o"
?hone: (H) !L4J— 301 (B)
How Long Have you Been A Resident of Shakopee? ,7(,,,
n r
occupation: ✓�rTt/i, loliPL�
Does Your Work Require You To Travel? (check one)
A Great Deal periodically Very Little Not At All
Do You Have Any Special Interests or Training Which You Feel A
?articular Board or Commission Could Use? (Use separate sheet i
necessary)
Board or Commission In Which You Are Intereessted?
f'f(-! HOG- Ll/jr •ti Td c•J,u LL` . a+ iT�c�t
Please State Briefly Why You Are Interested In Serving On this
Board/Commission For Which You Are Submitting An Application:
AR joeW A IF&,J.i /Ir..0/.c'b',.S.HAru 1. Aa9 �TCn' L•3 -�C+
1� !TS t'PA6'5Y`' G il�tzofa N'G tom_
Conflict of interest is defined as the participation in any activity,
recommended action, or decision from which the individual has or could
have the potential to receive personal gain, whether it be direct or
indirect.
In accordance with this definition, do you have any legal or equitable
interest in any business, however organized, which could be construed
as a conflict of interest? Yes No _ If yes , please provide
details on a separate sheet of paper.
In accordance with this definition, do you own any real property
located in Scott County in which you have a legal or equitable interest
which could be construed as a conflict of interest? Yes No
If yes, please provide details on a separate sheetof napes.
Please List Three References (Name, Address and Phone) :
1. 9Gc G�rt2.i'�n�ii/P.-G+fi�-� /"3$� 41z.,r'f 7��ir 3�3J
2. j0ae r d (20 .-,'/Gum to Y (jr- `if;."
3.1�1NW Dk" f
I herebyy certify that the facts within the foregoing application are
true a q c rrect to the best of my knowledge.
a� s. ,
Signature RETURN APPLICATION AND
PLEDGE TO:
S� 77 City Clerk
City of Shakopee
Date 129 East First Avenue
Shakopee, MN 55379
445-3b50
DATE RECEIVED: S//E s
/J
CITY OF SHAKOPEE
BOARDS AND COMMISSIONS
VOLUNTEER PARTICIPATION PLEDGE
1) I agree to attend an annual Board/Commission evening
orientation held in January once during my first two years
on the Board/Commission.
YES V_ NO
2) I agree to read the agenda material provided prior to the
Board/Commission meetings so that I am prepared to
participate in discussion.
YES NO
3) I agree to read and use the attached "How To Aid Discussion
By Asking The Right Questions" to enhance my performance as
an active Board/Commission member.
YES k NO
4) I agree to offer discussion on the pros and cons of the
policy/issue being discussed and agree to refrain from
personal criticism directed toward citizens, applicants,
fellow Board/Commission members and staff_.
YES W NO
5) I acknowledge the City' s requirements regarding attendance
(Outlined in Section B, Subparagraph I) and understand that
I can be removed from a Board/Commission because of poor
attendance.
YES NO
6) I agree to call City Hall to notify the appropriate staff
person when I cannot attend a regularly scheduled meeting.
YES ` NO
7) I agree to refrain from voting on issues where I have a
conflict of interest.
YES NO ffLL
Applicant
Date
CONSENT
MEMO TO: Dennis Kraft, Acting City Administrator
FROM: Dave Hutton, City Engineer
SUBJECT: Upper Valley Drainage Proj
No. 1987-5
DATE: May 24, 1989
INTRODUCTION:
Attached is Resolution No . 3060 , Approving Plans and
Specifications and Ordering the Advertisement for Bids for the
Upper Valley Drainage Project No. 1987-5 .
BACKGROUND:
On February 24 , 1987 Council ordered plans and specifications
prepared for the Upper Valley Drainage Project. This project
consisted of constructing a drainage channel and storm sewers for
the Upper Valley region (between C.R. 17 and C. R. 15 south of
10th Avenue) to the Millpond area near the Minnesota River.
This project has been delayed for over a year due to the need for
the City of Shakopee to acquire the necessary permits to
discharge this system into the so—called trout stream at the
Millpond area . Staff has recently informed Council that the
Department of Natural Resources has issued the City of Shakopee a
permit to do this project. Even though the DNR permit has been
obtained, staff is still working with the DNR on finalizing the
design of the mitigation of the trout stream. Because the final
design of the Millpond has not been established , staff is
proposing that the project be bid and constructed in two phases.
Phase I would be from the Upper Valley to 4th Avenue and Phase II
would be from 4th Avenue to the Millpond.
In addition , Mn/DOT is in the process of finalizing the
cooperative agreement with the City and Mn/DOT for the Phase I
construction to cover their 15% of the project. This agreement
is currently in their Central Office and should be executed
shortly, with a copy of it being sent to the City. Since the
final design at the Millpond is still being determined , the City
has not formally applied to Mn/DOT for a cooperative agreement
for this portion of the project. Since it takes approximately 8
to 12 weeks to complete the agreement with Mn/DOT, staff does not
want to hold up bidding this entire project until the Phase II
agreement is signed. Therefore, our consultant has advised the
City of Shakopee that it would be beneficial to bid the project
in two phases and staff concurs with that recommendation.
Attached is Resolution No. 3060 , which authorizes staff to
advertise for bids on this project. As stated in the resolution,
the proposed bid opening would be June 30 , 1989• Staff will take
the bids to Council on July 5 , 1989 for consideration and award.
The final plans and specifications are available in the
Engineering Department for Council review.
ALTERNATIVES:
1 . Approve Resolution No. 3060.
2 . Deny Resolution No. 3060.
RECOMMENDATION:
Staff recommends Alternative No. 1 .
ACTION REQUESTED:
Offer Resolution No . 3060 , A Resolution Approving Plans and
Specifications and Ordering Advertisement for Bids for the Upper
Valley Project, Phase I (from 4th Avenue to + 1000 Feet East of
C. R. 17) , Project No. 1987-5 and move its adoption .
DH/pmp
MEM3060
RESOLUTION NO. 3060
A Resolution Approving Plans And Specifications
And Ordering Advertisement For Bids
For The Upper Valley Drainage Project
From 4th Avenue to + 1000 Feet East of C.R. 17
Project No. 1987-5
WHEREAS, City Council ordered plans and specifications on
February 29 , 1987 , Bob Frigaard , Orr-Schelen-Mayeron & Assoc .
Inc . has prepared plans and specifications for the improvement of
the Upper Valley Project and has presented such plans and
specifications to the Council for approval
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA:
1 . Such plans and specifications, a copy of which is on
file and of record in the Office of the City Engineer, are hereby
approved.
2. The City Clerk shall prepare and cause to be inserted in
the official paper and in the Construction Bulletin an advertise-
ment for bids upon the making of such improvements under such
approved plans and specifications. The Advertisement for Bids
shall be published for three weeks, shall specify the work to be
done, shall state that bids will be received by the City Clerk
until 10:00 A.M. , on June 30 , 1989 , at which time they will be
publicly opened in the Council Chambers of the City Hall by the
City Clerk and Engineer, or their designated party, will then be
tabulated , and will be considered by the Council at 7:00 P.M. , or
thereafter on July 5 , 1989 , in the Council Chambers, and that no
bids will be considered unless sealed and filed with the City
Clerk and accompanied by a cash deposit, cashier' s check, bid
bond or certified check payable to the order of the City of
Shakopee for not less than five (5b ) percent of the amount of the
Bid .
Adopted in session of the City Council of the
City of Shakopee, Minnesota, held this day of ,
19—.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of 19_•
City Attorney
RESOLUTION NO. 3060
A Resolution Approving Plans And Specifications
And Ordering Advertisement For Bids
For The Upper Valley Drainage Project
From 4th Avenue to + 1000 Feet West of C.H. 17
Project No. 1987-5
WHEREAS, City Council ordered plans and specifications on
February 29 , 1987 , Bob Frigaard , Orr-Schelen-Mayeron & Assoc.
Inc . has prepared plans and specifications for the improvement of
the Upper Valley Project and has presented such plans and
specifications to the Council for approval
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA:
1 . Such plans and specifications, a copy of which is on
file and of record in the Office of the City Engineer, are hereby
approved.
2. The City Clerk shall prepare and cause to be inserted in
the official paper and in the Construction Bulletin an advertise-
ment for bids upon the making of such improvements under such
approved plans and specifications. The Advertisement for Bids
shall be published for three weeks , shall specify the work to be
done, shall state that bids will be received by the City Clerk
until 10: 00 A.M. , on June 30 , 1989 , at which time they will be
publicly opened in the Council Chambers of the City Hall by the
City Clerk and Engineer, or their designated party, will then be
tabulated , and will be considered by the Council at 7:00 P.M. , or
thereafter on July 5 , 1989 , in the Council Chambers , and that no
bids will be considered unless sealed and filed with the City
Clerk and accompanied by a cash deposit, cashier' s check, bid
bond or certified check payable to the order of the City of
Shakopee for not less than five (5S ) percent of the amount of the
Bid.
Adopted in session of the City Council of the
City of Shakopee, Minnesota, held this day of ,
19_•
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of 19_•
City Attorney
CONSENT i z
MEMO TO: Dennis Kraft, Acting City Administrator
FROM: Dave Hutton, City EngineeY ` )�az
SUBJECT: 3rd Avenue Reconstruction /1icject
Between Spencer Street and Shumway Street
Project No. 1989-5
DATE: May 24 , 1989
INTRODUCTION:
Attached is Resolution No . 3061 , Approving Plans and
Specifications and Ordering the Advertisement for Bids for the
3rd Avenue Reconstruction Project No. 1989-5 •
BACKGROUND:
On February 21 , 1989 City Council ordered plans and
specifications for the reconstruction of 3rd Avenue between
Spencer Street and Shumway Street and all north-south streets
within these project limits between 3rd Avenue and 4th Avenue
including Scott Street between 2nd Avenue and 4th Avenue by
Resolution No. 3021 . This project consists of complete street
reconstruction including storm sewers, watermain, sanitary , curb
& gutter, sidewalk and pavement. The plans and specifications
have now been completed for this project. Staff is requesting
authorization to advertise for bids. Attached is Resolution
No. 3061 , which orders the advertisement for bids. The scheduled
bid opening is June 30 , 1989 .
Plans and specifications are available in the Engineering
Department and also will be available at the Council meeting.
ALTERNATIVES:
1 . Approve Resolution No. 3061 .
2 . Deny Resolution No. 3061 .
RECOMMENDATION:
Staff recommends Alternative No. 1 .
ACTION REQUESTED:
Offer Resolution No . 3061 , A Resolution Approving Plans and
Specifications and Ordering the Advertisement for Bids on 3rd
Avenue Between Spencer Street and Shumway Street, Scott Street
Between 2nd Avenue and 4th Avenue and Atwood , Fuller, Lewis ,
Sommerville and Spencer Streets Between 3rd Avenue and Avenues,
Project No . 1989-5 and move its adoption.
DH/pmp
RESOLUTION NO. 3061
A Resolution Approving Plans And Specifications
And Ordering Advertisement For Bids
For 3rd Avenue Between Spencer Street and Shumway Street
Scott Street Between 2nd Avenue and 4th Avenue
And Atwood, Fuller, Lewis, Sommerville and Spencer Streets
Between 3rd and 4th Avenues
Project No. 1989-5
WHEREAS, pursuant to Resolution No. 3021 adopted by City
Council on February 21 , 1989 , David E. Hutton, City Engineer has
prepared plans and specifications for the improvement of 3rd
Avenue Reconstruction Project and has presented such plans and
specifications to the Council for approval
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA:
1 . Such plans and specifications, a copy of which is on
file and of record in the Office of the City Engineer, are hereby
approved .
2. The City Clerk shall prepare and cause to be inserted in
the official paper and in the Construction Bulletin an advertise-
ment for bids upon the making of such improvements under such
approved plans and specifications. The Advertisement for Bids
shall be published for three weeks, shall specify the work to be
done, shall state that bids will be received by the City Clerk
until 10:30 A.M. , on June 30, 1989 , at which time they will be
publicly opened in the Council Chambers of the City Hall by the
City Clerk and Engineer, or their designated party, will then be
tabulated, and will be considered by the Council at 7:00 P.M. , or
thereafter on July 5 , 1989 , in the Council Chambers, and that no
bids will be considered unless sealed and filed with the City
Clerk and accompanied by a cash deposit, cashier' s check, bid
bond or certified check payable to the order of the City of
Shakopee for not less than five (5% ) percent of the amount of the
Bid.
Adopted in session of the City Council of the
City of Shakopee, Minnesota, held this day of ,
19_•
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of 19_•
City Attorney
CONSENT
RESOLUTION NO. 3C65
A Resolution Amending Resolution No. 3053
Rescheduling the Date for the Public Hearing
for Downtown Streetscape Improvements
Project No. 1987-2
WHEREAS, Resolution No. 3053 , Declaring the Cost to be
Assessed and Ordering the Preparation of Proposed Assessments for
the Downtown Streetscape Improvements, Project No. 1987-2 was
adopted by the City Council on May 16 , 1989 , and
WHEREAS, Resolution No. 3053 fixed the date of the public
hearing for the proposed assessments for June 13 , 1989 , and
WHEREAS, the City Council of Shakopee desires to reschedule
the date of the public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA:
1 . That a hearing shall be held on the 19th day of
June, 1989 , in the Council Chambers of City Hall at 7:00 P.M. to
pass upon such proposed assessments and at such time and place
all persons owning property affected by such improvements and
proposed assessments will be given an opportunity to be heard
with reference to such assessment.
2. That the City Clerk is hereby directed to cause a notice
of the hearing on the proposed assessment to be published once in
the official newspaper of the City of Shakopee at least two weeks
prior to the hearing and he shall state in the notice the total
cost of the improvements. He shall also cause mailed notice of
such hearing to be given the owner of each parcel described in
the assessment roll not less than two weeks prior to the hearing.
Adopted in session of the City Council of
the City of Shakopee, Minnesota, held this day ox
19
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of 19
City Attorney
ad
MEMO TO: City Council
FROM: LeRoy Houser, Building Official
RE: Balcony Barbecues
DATE: May 25, 1989
Council requested we draft a barbecue ordinance for apartment
units prohibiting barbecuing on decks and balconies .
At that time, I suggested we wait as the State may have something
coming soon which would regulate this. It appears they are not
going to have it in place for some time.
With another summer season upon us, I think the time is right for
the adoption of this ordinance.
Request Action
Offer Ordinance No. 265, An Ordinance of the City of Shakopee,
Minnesota, Amending the Shakopee City Code Chapter 10 entitled
"Pubiic Protection, Crime and Offenses" By enacting a new
Section 10.37 entitled "Fires or Barbecues on Balconies or
Patios" and by adopting by Reference Shakopee City Code Chapter
1 and Section 10.99, which among other things contain penalty
providions, and move its adoption.
ORDINANCE NO. 265
Fourth Series
An Ordinance of the City of Shakopee, Minnesota, Amending the Shakopee
City Code Chapter 10 entitled "Public Protection, Crime and Offenses"
By enacting a new Section 10.37 entitled "Fires or Barbecues on
Balconies or Patios" and by adopting by Reference Shakopee City Code
Chapter 1 and Section 10. 99, which among other things contain penalty
Provisions
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
SECTION I: New Section 10.37 entitled "Fires or Barbecues on Balconies or
Patios adopted.
Subd 10.37 - 1 In or on any structure containing three or more dwelling
units, no person shall kindle, maintain or cause to be kindled and maintained any
fire or open flame on any balcony above ground level, or on any ground floor patio
within 15 feet of said structure.
Subd 10.37 - 2 No person shall store or use any fuel, barbecue, torch
or other similar heating or lighting chemicals or devices in the locations
designated in Subd 10.37 - 1.
Subd 10.37 - 3 Exceptions: Excepted from the above prohibitions
are electric or gas fired barbecue grills which are permanently mounted, wired
or plumbed to the building's gas or electrical system and maintain a minimum
clearance of 18" on all sides (unless listed for lesser clearance by the manufacturer)
may be installed on balconies and patios when approved by the Fire Chief or his
designee.
SECTION II: Violation of any provision hereof is a petty misdemeanor and penalties
provided in Section 10.99 of the Shakopee City Code shall prevail.
SECTION III: When in force and effect
This Ordinance shall be in full force and effect from and after the passage
and publication.
Adopted by Shakopee City Council in session assembled
this day of 1989.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Prepared and approved as to form this
18th day of May, 1989.
City Attorney
CONSENT a Q)
MEMO TO: Dennis Kraft, Acting City Administrator
FROM: Dave Hutton, City Engineer ,1C✓`
SUBJECT: Alley in Block 102 of the Original Plat
Of Shakopee
DATE: May 24, 1989
INTRODUCTION:
Attached is Resolution No. 3058, Receiving a Report and Calling
for a Public Hearing on Improvements to the Alley in Block 102 of
the Original Plat of Shakopee.
BACKGROUND:
On May 16 , 1989 City Council accepted a petition and ordered the
preparation of a feasibility report for improvements to the alley
in Block 102 of the Original Plat of Shakopee by Resolution No.
3054.
The feasibility report has been completed and the report is
attached for Council review. Attached is Resolution No . 3058 ,
receiving the feasibility report and calling for a hearing on the
proposed improvements . The resolution sets the date of the
public hearing for June 20 , 1989 at 8 :00 P.M.
ALTERNATIVES:
1 . Adopt Resolution No. 3058 and hold a public hearing on the
proposed improvements on June 6 , 1989 •
2 . Do not adopt Resolution No. 3058.
RECOMMENDATIONS:
Staff recommends Alternative No. 1 .
ACTION REQUESTED:
Offer Resolution No. 3058 , A Resolution Receiving A Report and
Calling a Hearing on Improvements to the Alley in Block 102 of
the Original Shakopee City Plat Project No. 1989-8 and move its
adoption.
DH/pmp
MEM3058
RESOLUTION NO. 3058
A Resolution Receiving A Report
And Calling A Hearing On Improvement
To The Alley In Block 102
Of The Original Shakopee City Plat
WHEREAS, pursuant to Resolution No. 3054 of the City Council
adopted May 16 , 1989 , a report has been prepared by David E.
Hutton, City Engineer, with reference to the improvements of the
Alley in Block 102 of Shakopee City Plat by bituminous pavement,
and this report was received by the Council on June 6 , 1989 .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA:
1 . The Council will consider the improvement of the Alley
in Block 102 of the Shakopee City Plat in accordance with the
report and the assessment of abutting and benefitted property for
all or a portion of the cost of the improvements pursuant to
Minnesota Statutes Chapter 429 at an estimated total cost of the
improvement of $5 ,670 .00 .
2 . A public hearing shall be held on such proposed
improvements on the 20th day of June , 1989 , at 7:30 P . M. , or
thereafter, in the Council Chambers of City Hall, at 129 East 1st
Avenue and the Clerk shall give mailed and published notice of
such hearing and improvement as required by law.
3• The work of this project is hereby designated as part of
the 1989-8 Public Improvement Program.
Adopted in session of the City Council of
the City of Shakopee, Minnesota, held this day of
19—.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this day of
19
City Attorney
_ FEASIBILITY REPORT
FOR
IMPROVEMENT OF ALLEY IN BLOCK 102
LOCATED BETWEEN
7TH AND 8TH AVENUES
AND SOMMERVILLE AND SPENCER STREETS
CITY OF SHAKOPEE
MINNESOTA
I hereby certify that this plan, specification, or report was
prepared by me or under my direct supervision and that I am a
duly Registered Professional Engineer under the laws of the State
of Minnesota.
Date 17- Registration No. 19133 •
MAY 1989
TABLE OF CONTENTS
DESCRIPTION PAGE NO,
Feasibility Report
_ Introduction . . . . . . . . . . . . . 1
Background . . . . . . . . . . . . . . 1
Proposed Improvements . . . . . . . . . 1
Estimated Costs . . . . . . . . . . . . 2
Assessment Procedure and Funding . . . . 2-3
Summary and Conclusions . . . . . . . . . 3
Appendix
INTRODUCTION
The City Council of Shakopee has received a petition for
improvements to the alley in Block 102 of the Shakopee City Plat
and ordered the preparation of a feasibility report by Resolution
No. 3054 on May 16 , 1989 •
BACKGROUND
The alley under question is in Block 102 of the Original Plat of
Shakopee, which is bounded by 7th Avenue, 8th Avenue, Sommerville
Street and Spencer Street. A petition for improvements was
received by the City Clerk and approved by the City Attorney.
The City Council of Shakopee ordered a feasibility report
prepared by Resolution No. 3054 on May 16 , 1989 . The petition
was signed by all abutting property owners.
The existing alley is gravel . The alley right-of-way is 16 feet
wide. There are no underground municipal utilities in this
alley. There is an overhead power line running along the north
edge of the alley. There are no sidewalks or concrete approaches
at the ends of the alley.
There are several structures and fences constructed fairly close
to the alley right-of-way, but it does not appear that there are
any encroachments. There are several driveways having access off
this alley.
The alley drains sharply from Sommerville east for approximately
75 feet to a low point. The alley drains west from Spencer at a
gradual slope to this same low point. An existing catch basin is
located at the low point to take the drainage to the City' s storm
sewer system.
The area on both sides of the alley is zoned R-2 , Urban
Residential. None of the abutting properties are in the flood
plain.
PROPOSED IMPROVEMENTS
The requested improvements consist of paving the alley. This
report recommends that the improvements consist of 2 inches of
bituminous concrete placed on a 6 inch gravel base. Some of the
existing gravel base may be salvageable. It is proposed that
concrete approaches be constructed at both ends of the alley.
Some grading may be necessary to provide proper drainage from the
abutting properties. The existing catch basin at the low point
will be maintained . An inverted crown is proposed to direct the
water down the alley to this low point from both directions.
1
L
ESTIMATED COSTS
The cost estimate for the proposed improvements are detailed in
the appendix and are summarized below:
Total construction Costs $4 ,200 .00
Plus 10% Contingency 420 .00
Plus 25% Engr. and Admin. Fees 1 .050 .00
TOTAL ESTIMATED PROJECT COSTS $5,670.00
ASSESSMENT PROCEDURES AND FUNDING
All costs associated with this project will be 100% assessable,
which is consistent with past practices and existing City
policies.
Normally , all properties abutting an alley are assessed equally
on a per foot basis. Most blocks have 10 lots, all abutting an
alley with equal frontage.
In this case, a review of the location map for this alley (See
Appendix) reveals that only 6 properties abut the alley and 4 of
them have double frontage on the alleys because of the way the
lots were split. In addition , the four corner properties in this
block do not even abut the alley .
For this particular alley, the front foot method may not be the
'fairest method to calculate the assessment. Instead , a "per lot"
method may be better.
An assessment table has been prepared for each method and can be
found in the appendix . For the front foot method, the assessment
is estimated at $9 .45 per foot assessed to all lots that abut the
alley using actual footage . For the "per lot" method , the
assessment is estimated at $960 .00 equally to all six lots that
abut the alley.
Since four lots do not abut the alley it would be extremely
difficult to show benefit to these lots. Those four lots were not
included in either assessment roll.
Because an alley improvement does not benefit a property in the
same manner as a street improvement whereby the more frontage one
has the more benefit but rather generally benefits all properties
on the alley equally by eliminating dust, controlling drainage
and providing better access, this report recommends assessing all
properties that abut the alley equally on a per lot basis. In a
normal City block with 10 equal lots, the alley assessments end
up being equal to all properties using the front foot method.
2
According to the Finance Director, the funding for this project
would come out of the General Fund, Capital Improvement Fund or
the next bond issue since all project costs are 100% assessable.
SUMMARY AND CONCLUSIONS
The alley in Block 102 of the Original Plat of Shakopee is not
unlike many other alleys in the City of Shakopee that are gravel,
but are adequate to serve their intended purpose. The lack of a
hard surface pavement creates dusty or muddy conditions for the
adjacent properties and is more of an inconvenience to the
residents than anything.
The City of Shakopee has a policy of not improving existing
alleys unless the abutting property owners request improvements
and agree to pay for them. In this case, the required number of
property owners (at least 50%) have requested the improvements.
All abutting property owners will be assessed for 100% of the
alley construction costs on an equal basis using the "per lot"
method.
_ This report concludes that the requested improvements are
feasible and recommends the construction of the proposed
improvements.
3
APPENDIX
PAGE
Subject Location 1
Estimated Project Costs 2
Assessment Table (Front Foot Method) 3
Assessment Table (Per Lot Method) 4
Petition 5
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ESTIMATED COSTS
ITEM QUANTITY UNIT PRICE TOTAL
Common Excavation 300 C.Y. $ 3.00 $ 900.00
Fine Grading, Clearing L.S. $ 500.00 $ 500 .00
.. Class 5 Gravel Base 175 TONS $ 6.50 $1 ,140 .00
2" Bit. Concrete 60 TONS $ 23 .00 $1 ,380 .00
8" Cone. Approach 11 S.Y. $ 25.00 $ 280 .00
Total Construction Costs $4 ,200 .00
Plus 10% Contingency $ 420 .00
Plus 25% Engr. , Admin. Fees $1 ,050 .00
Total Estimated Project Costs $5 ,670.00
2
Alley, Block 102, Assessment (Front Foot Method)
Ma 26 1989
PID NAME/ADDRESS DESCRIPTION FRONT FEET ASSESSMENT
27-001759-0 Marvin T.Athmann N7/2 lots 1 &2
719 Sommerville St block 102,
Shakopee,MN 55379 Shakopee City Plat 120 $1152.00
27-001760-0 Charles W.Luebke Lot 3, block 102
317 E.8th St.
Shakopee,MN 55379
60 $576.00
27-001762-0 Fallen D.Johnson NI/2 lots 4&5
726 Spencer SL block 102
Shakopee,MN 55379 120 $1152.00
27-001764-0 Walter F.Ruhlano St/2 lots 6&7
716 Spencer St. block 102
Shakopee, MN 55379
— 120 $1152.00
27-001765-0 Herbert W. Dallmann Lot 8, block 102
320 E.7th Ave.
Shakopee, MN 55379
60 $576.00
27-001767-0 Beatrice S1/2 lots 9&10
_ Werrnerskirchen block 102
713 Sommerville St 120 $1152.00
Shakopee, MN 55379
TOTAL FRONT FEET: 600
TOTALASSESSMENT: 55760.00
3
Alley, Block 102, Assessment (Per Lot Method)
Ma 26 1989
PID NAME/ADDRESS DESCRIPTION LOT ASSESSMENT
27-001759-0 Marvin T.Athmann N1/2 lots 1 &2
719 Sommerville St. block 102,
Shakopee,MN 55379 Shakopee City Plat 1 $960.00
27-001760-0 Charles W.Luebke Lot 3, block 102
317 E.Sth St.
Shakopee,MN 55379
1 $960.00
27-001762-0 Rallen D.Johnson N1/2 lots 4&5
— 726 Spencer St. block 102
Shakopee,MN 55379 1 $960.00
271001764-0 Water F.Ruhland S1/2 lots 6&7
716 Spencer SL block 102
Shakopee,MN 55379
— 1 $960.00
27-001765-0 Herbert W.Dallmann Lot S, block 102
320 E.7th Ave.
Shakopee,MN 55379
1 $960.00
27-001767-0 Beatrice S1/2 lots 9&10
_ Wennerskirchen block 102
713 Sommerville St. 1 $960.00
Shakopee,MN 55379
TOTALLOTS: 6
4 TOTAL ASSESSMENT: $5760.00
Date
We, the undersigned, owners of the following described real
property, abutting on the proposed improvement and benefitted
thereby, hereby petition the City Council of the City of Shakopee,
for the following public improvements : �-
�b'•�.n XI b S 5:� �Fy7�zL'E.Ei(/ e� N'MF?i'�/ E � 1JJ�'.e�^Fz� e`T
on Street/Avenue, between Screet/Avenue
and Steet/Avenue, and request that the same
be made during the year /9jf9
In making this petition the undersigned understands that the
City of Shakopee, its agents or employee cannot guarantee the
amount of an assessment until a feasibility study of the improve-
ments has been prepared and accepted by City Council in accordance
with MSA Chapter 429 .
PETITIONER LOT BLOCK
Ole'z
I , hereby, verify that I circulated the above petition and that
the above signatures of the property owners and petitioners were
affixed in my presence.
Zcu
ircu ator
Approved this day of 198
17
=77V ornev
This instrument prepared & drafted by:
H. R. Spurrier
City Engineer
129 East 1st Avenue
Shakopee, MN 55379
5
CONSENT
MEMO TO: Dennis Kraft, Acting City Administrator
FROM: Ray Ruuska , Engineering Coordinator
SUBJECT: V.I.P. Sanitary Sewer Extension Project
DATE: June 2 , 1989
INTRODUCTION:
Council action is required for a resolution accepting work and
making final payment on the V.I. P. Sanitary Sewer Extension.
BACKGROUND:
All of the work for this project has been completed in accordance
with the contract documents.
A signed copy of the Certificate of Completion is attached .
ACTION REQUESTED:
Offer Resolution No . 3064, A Resolution Accepting Work on the
V.I.P. Sanitary Sewer Extension Project No. 1987-13 and move its
adoption.
Approve final payment to Austin P. Keller Co. , Inc. , 481 Front
Ave. , St. Paul, MN 55117 in the amount of $2 ,000 .00 .
RR/pmp
CERTIFICATE OF COMPLETION
CONTRACT NO. : 1987-13 DATE: May 25 , 1989
PROJECT DESCRIPTION : v. I .P. Sanitary Sewer Extension Project
CONTRACTOR: Austin P. Keller Co. , Inc .
481 Front Avenue
St. Paul , MN 55117
ORIGINAL CONTRACT AMOUNT . , . . , , , , , , , . $ 128,940.00
QUANTITY CHANGE AMOUNT . . . . . . . . . . . . . $ 2 , 918. 60
CHANGE ORDER NO. _ THRU NO. _ AMOUNT , , . $
FINAL CONTRACT AMOUNT . . . . . . . . . . . . . . S 131 ,858.60
LESS PREVIOUS PAYMENTS . . . . . . . . . . . . . 8 129.858.60
FINAL PAYMENT . . . . . . . . . . . . . . . . . . $ 2 ,000.00
I, hereby certify that the above described work was inspected
under my direct supervision and that, to the best of my belief and
knowledge, I find that the same has been fully completed in all
respects according to the contract, together with any modifications
approved by City Council . I, therefore, recommend above specified
final payment be made to the above named Contractor.
ti
u
Professional Engineer
k-lu Minnesota Department of Nevenue /� �UsrhesST
a«.71851 Affidavit for Obtaining Final Settlement of Contract with the State of $Ego 2,y Tay
Minnesota and any of its Political or Governmental Subdivisions 0/ 19 49,0
Nina OI Wntracla Minnesoa idenlincatpn rarnalar
Austin P. Keller Construction CorlQany, Inc. td sane,,reinsospliorul
nosiness address 9072709
481 Front Avenue fliw de and telephone cure i
Cay,town or post office state Zip coda
St. Paul MN 55117 (612 ) 488 0538
Check the box which describes your involvement in this project(read definitions on other side)
Prime contractor Contractor ❑ Subcontractor
Protect boadon Pooled pr eprlbaftlNlnaer Period ofCMlri.[tmonm/yean
Shakopee. PIN Ci No. 198 — Rom 5/88 To 8/88
Nine of Minnesota govems"mal-a br which wod,was perlonned Tial smooth of crontraq Mroua eta due
City of giaktopee 131 858.60
Atldless of Minnesota governmental UnaCM•towncr post Zip code
office
129 East First Avenue Shak 55379
Did you pay or supervise the payment of persons employed on this contract? ® Yes ❑ No
If yes,did you withhold Minnesota income tax from the wages
of each employee as required by Minnesota Statute 290.927 ® Yes ❑ No
Have you filed all required withholding returns and deposited Minnesota tax withheld with
the Department of Revenue as required by Minnesota Statutes 290.92 and 290.977 ® Yes ❑ No
Do you authorize the Department to inform the prime contractor
upon it's request whether your form IC-134 has been certified? El Yes ❑ No
If you are a subcontractor, list your prime contractor's business name and address.
Name:
H you are a contractor or subcontractor,skip the next section of this form and sign below.
If you are a prime contractor, fill in the names and addresses of all your subcontractors. If you need more space to list your
subcontractors,attach a separate sheet. Also you must attach certified affidavits of your subcontractors and sign below.
Name and address Name and address
00
Name and address Name and address
Name and address Name and address
I declare under the penalties of criminal liability for willfully making a false statement, that the above statements are hue and correct to the best of my
knowledgbfw
Sign \A\A1` Controller 9/1/88
Hem Your signature Michael DeVine nue Dia
Certificate of Compliance with Minnesota Statutes 290.92 and 290.97
Based on the facts stated in the above affidavit and the facts in the files and records of the Department of Revenue, the above
contractor/subcontractor has properly complied with all of the provisions of Minnesota Statute 290.92 relating to the withholding
of income tax on wages paid to employees and Minnesota Statute 290.97 relating to contract services with the State of
Minnesota or any of its 4overnmental or political subdivisions.
signator¢or lumonew Department of Revenue representative loals,
Instructions
Who should file? Wham to fila
If you are a prime contractor, a contractor or a subcontractor who Send the original and one copy of Forth IC-134 to:
performed work on a project for the State of Minnesota or any of
Minnesota's political or governmental subdivisions(counties,cities,
school districts,etc.),you must file a completed Form IC-134 if you Minnesota Department of Revenue
wish to receive final payment for the work you performed. Mail Station 6525
St.Paul,Minnesota 55146-6525
Prime contractor. you are considered a prime contractor if you were
awarded a contract to perform work but you subcontracted all or
part of the work to other convectors. Minnesota Identification number
Contrecror. You are considered a contractor if you were awarded a you need a Minnesota tax identification number if you have employ-
contract to perform work and you and/or your employees were the sea who do work in Minnesota.If you need a number but do not have
only persons who performed the work. one, you should file Form MBA, Application for Tax Identification
Number. If you need Form MBA or any other tax forms or instruc
Subcontractor. You are considered a subcontractor if a prime con- tions, write to: Minnesota Income Tax Forms, Room 8-20, Centen-
tractor hired you to perform all or part of the work on a contract. nial Office Building,St. Paul,Minnesota 55145 or call 297-3781 in
the Twin City metropolitan area. Elsewhere in Minnesota, call toll-
free:(800)652-9094.
When to file N you do not need a Minnesota identification number because you
If you are a subcontractor, file Form IC-134 when you have cont- have no employees(for example,you are a sole proprieter,a partner
plated your part of the project. in a partnership or a shareholder in an S corporation).fill in your social
security number in the space marked "Minnesota identification
If you area prime contractor or contractor,file Form IC-134whenthe number"in thetop rightcornerof Forth IC-134.Explain whyyou do
entire project is completed. not need an identification number on a separate sheet and attach it to
Form IC-1 34.
Haw to file
Are you both a prime contractor and a subcontractor on the same
project?It is possible for you to be considered both a subcontractor
Complete Form IC-134 and send two copies to the Minnesota De- and a prime contractor on the same project. A subcontractor be-
Ferment of Revenue.A prime contractor must also attach a copy of comes a prime contractor if he/she subcontracts all or part of his/her
each subcontractor's certified Form C.134 to his/her Form IC.134. portion of the project to yet another contractor. In this case, com-
plete and file one Form IC-134 as a subcontractor and one Form IC-
Form IC-134 is certified when it is completed and signed at the bot- 134 as a prime contracto,
tom by an authorized representative of the Department of Revenue.
Use of information
Prime contractor. If you and your subcontractors have complied All information on this affidavit is private by state law. It cannot be
with the withholding tax laws of Minnesota,the Department of Rev-
given others without your consent except the Internal Revenue
enue will certify your affidavit and return one copy to you.It is hetes- Service,e, to other states which guarantee the
same privacy and to
sary in submitting your Form IC-134 for certification that you attach
certain state or county agencies as provided by law.The information
certified copies of all your subcontractors Form IC-134's.Failure to on this affidavit may also be compared with other information you
do so will delay processing,certification and receipt of your final pay- may have furnished the Department of Revenue.
ment.Take the certified copy to the governmental unit for which the
work was performed in order to obtain final payment for the project.
All information on this affidavit,except
ygurtelephone number,is re-
Contractor. If you have complied with the withholding tax laws of quired for identification and to verity that all income tax withholding
requirements have been met. If you do not provide all requested in-
Minnesota,the Department of Revenue will certify your affidavit and formation,the Department of Revenue may refuse to certify this affi-
returnonecopytoyou.Take the certified copy to the governmental davit and you will not be able to obtain final payment of your contract
unit for which the work was performed in order to obtain final pay- with the Minnesota governmental unit. We ask that you provide a
ment for the project. telephone number where you can be reached during the work day so we
Suboorttractor. If you have complied with the withholding tax laws can contact you quickly if we have a question about your affidavit.
of Minnesota,the Department of Revenue will certify your affidavit Information and assistance
and retum one copy to you.Take the certified copy to the prime con-
tractor for the project.He/she will have to attach a copy of your form If you need help or additional information to complete this affidavi t,
IC-134 to his/her own Form IC-134 to obtain final payment for the call 296-3781 in the Twin City metropolitan area.Elsewhere in Min-
entire project. nesota,call toll-free:(8001652-9094.
M-0a259-05
CONSENT OF OWNER ❑ 14
ARTECT SURETY COMPANY CONTRACTOR p
TO FINAL PAYMENT OTHER SURETY ❑
AIA DOCUMENT 0707
PROJECT: sanitary Sewer Extensions and Appurtenant Work
(name,address)Project 1987-13
Shakopee, MN
TO (Owner)
FCity of Shakopee --I ARCHITECT'S PROJECT NO:
CONTRACT FOR:
L CONTRACT DATE: May 6, 1988
CONTRACTOR:
Austin P. Keller Construction Company, Inc.
481 Front Avenue
St. Paul, MN 55117
In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the
mere mart name and address of wren Com,ml
Safeco Insurance Company of America , SURETY COMPANY,
on bond of roes insert name and addms of Contractor)
Austin P. Keller Construction Company, Inc. , CONTRACTOR,
hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not
relieve the Surety Company of any of its obligations Loden, man name aria address of O.mad
City of Shakopee OWNER,
as set forth in the said Surety Company's bond.
IN WITNESS WHEREOF,
the Surety Company has hereunto set its hand this 1 day of September 19 88
Safeco Insurance Company of America
Surety Company
. -, D
�/� Signature of Aut rized native
Anes":�111fifi(---���yYY���77 E_�- 1 y h _ �YL
(Seal): ! 1 -�-� 1. Gary D. Todora, Attorney in fact
Title
NOTE: This form is to be used as a companion document 10 AIA DOCUMENT 6708,CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND
CLAIMS, Current Ethu n
AIA DOCUMENT 0707•CONSENT Of SURETY COMPANY TO FINAL PAYMENT•APRIL 1970 EDITION•AIA® ONE PACE
01970•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., NW,WASHINGTON, D.C. 20006
POWER SAFECO INSURANCE COMPANY OF AMER ICA
^mss OF ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA.
HOME OFFICE:SAFECO PLAZA
SAFECO SEATTLE.WASHINGTON 98185
No. 6166
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA.each
a Washington corporation, does each hereby appoint
--------THOMAS G. KEMP; SCOTT D. DREW; GARY D. TODORA, St. Paul, Minnesota--------
its true and lawful attorneys)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings
and other documents of a similar character issued in the course of its business,and to bind the respective company thereby.
IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY
OF AMERICA have each executed and attested these presents
30th
Nis day of Match 19 gg
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. — FIDELITY AND SURETY BONDS . . the President. any Vice President. the Secretary, and any
Assistant Vice President appointed for that purpose by the officer in charge of surety operations.Shall each have authority
to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the
company fidelity and Surety bonds and other documents of similar character issued by the company in the course of its
business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile.On any
instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof.may be
impressed or affixed or in any other manner reproduced; provided. however, that the seal shall not be necessary to the
validity of any such instrument or undertaking.""
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V.Section 13 of the By-Laws,and
(ii) A copy of the power-of-attorney appointment.executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.
1, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE
COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of
Directors of these corporations,and of a Power of Attorney issued pursuant thereto.are true and correct,and that both the
By-Laws, the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 1 day of September 7988
-vi:ED IN u 5 J
/ �L- �-
RESOLUTION NO. 3064
A Resolution Accepting Work On The
V.I.P. Sanitary Sewer
Project No. 1987-13
WHEREAS, pursuant to a written contract signed with the City
of Shakopee on May 6 , 1988 , Austin P. Keller Construction Co. ,
Inc . , 481 Front Avenue, St. Paul, MN 55117 has satisfactorily
completed the Valley Industrial Park Interceptor Sewer Extension
from C.R. 79 to C.R. 17 , in accordance with such contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA that the work completed under said
contract is hereby accepted and approved; and
BE IT FURTHER RESOLVED, that the City Clerk and Mayor are
hereby directed to issue a proper order for the final payment on
such contract in the amount of $ 2 , 000 . 00 , taking the
contractor' s receipt in full.
Adopted in session of the City Council of
the City of Shakopee, Minnesota, held this day of
19 _
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of 19
City Attorney
MEMO TO: Dennis Kraft, Acting City Administrator
FROM: Dave Hutton, City Engineer ��
SUBJECT: 5th Avenue Extension
Project No. 1989-4
DATE: May 31 , 1989
INTRODUCTION:
Staff is requesting permission to begin condemnation proceedings
for the right-of-way associated with the above referenced
project.
BACKGROUND:
On February 27 , 1989 the City Council of Shakopee ordered plans
and specifications prepared for the 5th Avenue Extension Project.
This project consists of constructing 5th Avenue from Spencer
Street to Market Street, Main Street from 5th Avenue to 6th
Avenue and installing sewer and water on Market Street, from 4th
Avenue to 7th Avenue. The City' s consultant is currently
proceeding on the design.
Additional right-of-way is required for completing 5th Avenue
between Fillmore Street and Market Street. On May 16 , 1989 ,
Council directed staff to begin the acquisition process by hiring
an appraisal firm.
Staff is somewhat concerned about the timing of this project and
whether or not construction can still be done in 1989 . The
normal acquisition process would involve obtaining the
appraisals , making offers and negotiating and finally
condemnation proceedings if negotiations are unsuccessful .
Condemnation proceedings take a minimum of 90 days once the
petition has been filed in district court. If the City waits
until the offers are rejected to begin condemnation proceedings
construction will not be possible during 1989 •
The Assistant City Attorney has indicated that the condemnation
process can proceed simultaneously with the appraisal/negotiation
process. By proceeding simultaneously, if the negotiations are
unsuccessful , the City can expedite the condemnation process
since most of the 90 day waiting period will be used up during
the appraisal and negotiation period. It is not uncommon to
proceed with both courses of action at the same time and as a
matter of fact, the City used this method during the YIP Sewer
Project.
Staff feels that the property owners involved in the right-of-way
process for this project will probably reject any offer from the
City and take it to the condemnation panel anyway . The City will
need to acquire right-of-way from the following property owners:
Parcel Easement
No. No. Property Owner
27-906036-0 89-1R Dorothy Jane TenEyck
27-906133-0 89-2R Gordon Gelhaye
27-906144-0 89-3R RJ Gregory Property
Management
Attached is Resolution No . 3062 , A Resolution Determing the
Necessity for and Authorizing the Acquisition of Certain Property
by Proceeding in Eminent Domain for Purposes of Constructing 5th
Avenue from Fillmore Street to Market Street, Project No. 1989-4
for Council consideration.
Staff has also attached a description of the Eminent Domain
Process , copied from the Handbook for Minnesota Cities for
Council ' s review.
ALTERNATIVES:
1 . Adopt Resolution No . 3062 , thereby initiating the
condemnation proceedings.
2. Postpone the condemnation proceedings until after staff has
completed the appraisals and negotiated with the property
owners.
3 . Do Nothing.
RECOMMENDATION:
Staff recommends Alternative No. 1 .
ACTION REQUESTED:
Offer Resolution No. 3062, A Resolution Determining the Necessity
for and Authorizing the Acquisition of Certain Property by
Proceeding in Eminent Domain for Purposes of Constructing 5th
Avenue From Fillmore Street to Market Street, Project No. 1989-4
and move its adoption.
DH/pmp
RESOLUTION 3062
A Resolution Determining the Necessity for and
Authorizing the Acquisition of Certain Property
by Proceeding in Eminent Domain for
Purposes of Constructing 5th Avenue
from Fillmore Street to Market Street
Project No. 1989-4
WHEREAS, the City Council of the City of Shakopee has
determined that it would be to the best interests of the general
public as well as the area involved to construct 5th Avenue from
Fillmore Street to Market Street, and for the purpose to secure
the necessary right-of-way.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE AS FOLLOWS:
1 . Property described on Exhibit "A" which are attached
hereto and incorporated herein by reference are necessary for the
purpose of constructing 5th Avenue from Fillmore Street to Market
Street.
2 . The City Attorney is authorized and directed on behalf
of the City to acquire the real estate interests as set forth in
Exhibit "A"- by the exercise of the power of eminent domain
pursuant to Minnesota Statutes, Chapter 117 , and is specifically
authorized to notify the owners of intent to take possession
pursuant to Minnesota Statutes , Section 117 .042 . The City
Attorney is further authorized to take all actions necessary and
desirable to carry out the purposes of this Resolution.
Adopted in session of the City Council of the
City of Shakopee, Minnesota , held this day of
1989 .
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of 1989 •
City Attorney
Land Use Control
sale or to further municipal planning objectives, it property if federal relocation assistance and
may, before sale, plat into lots and blocks land it benefits arc not available. 81 This is a cost of al-
holds in fee simple. 72 most every acquisition and the council should con-
sider it in making a decision to acquire land. In
A city may acquire a conservation easement some limited circumstances, owner-occupants may
from landowners.73 waive relocation benefits. 82 The purchase of
property with the proceeds of industrial revenue
Eminent Domain bonds does not constitute an acquisition which
would require payment of relocation benefits. 83
Eminent domain is the right of the state to ap- Also, utilities forced to move from a richt-of-way
prepriate private property to public use upon the do not qualify for relocation benefits. 4
payment of just compensation. The statutes give
every city this right in order to acquire private In both acquisitions by purchase and by eminent
property either within or without the corporate domain,the owner is entitled to reimbursement for
limits for any lawful purpose. 74 Under the right appraisal fees, not to exceed S500, if the owner is
of eminent domain cities may only take property otherwise entitled to reimbursement under federal
for a public purpose. law.The city, as purchaser, must inform the owner
of the right,if any, to reimbursement for appraisal
Eminent domain, or 'condemnation; allows a fees, together with relocation costs, moving costs,
city to acquire property against the will of the and any other related expenses to which an owner
owner by paying the value of property, fixed in is entitled under federal law. 85
Minnesota by court-appointed commissioners.
The refusal of a property owner to sell, however, Advertising Devices
does not mean the council has the right to institute
eminent domain proceedings. 75 Cities cannot remove lawfully erected advertis-
ing devices until the city has acquired all rights in
The council must decide whether it should exer- the property. 86 A city cannot use amortization.
cise the right of eminent domain and begin con- However, this law affects only signs adjacent to
demnation proceedings. 76 highways. 87
To acquire property by eminent domain, cities Vacating Publicly Owned Utility
must follow the procedure in the comprehensive Easements and Land Dedicated to
eminent domain law.77 Under that law, the won- Streets and Alleys
cil begins proceedings,normally by resolution.The y
city must then file a petition with the district $[amrory cities and home rule cities of the third
an authorized
f the court determines that the purpose is and fourth class may abandon ownership or con-
si authorized public purpose, i[ appoints mamas- y P
siovers to appraise damages. The parties may ap• [rot over all or any part of land they have se[aside,
peal the commissioners' award. dedicated, or used as streets or alleys. 88 A
statutory city may also vacate any publicly owned
When one city needs part of a tract of land for utility casement or boulevard reserve.89 The steps
some public purpose and some other city needs arc as follows.
other parts for a public purpose, they may enter
into an agreement for 'oint acquisition of the land 1. The council may initiate the action by
by eminent domain. 7✓� resolution, or a majority of owners of
property abutting upon the land to be
A city may condemn land that another public vacated, may petition for this action. Such
body holds,but only if it can show a strong nems- petitions probably need signatures from
sity for the condemnation. 79 both a majority of landowners and the
owners of at least 50 percent of the land
Relocation and Appraisal Fees area. 90
The city must pay relocation assistance and 2, The council most hold a public hearing on
benefits 80 to residents or businesses the city dis- the proposal following two weeks'
laces through eminent domain or P B y purchase of published and posted notice.
Page 234 Handbook for Minnesota Cities
EXHIBIT •A•
_, . .. No.
�� � .1S5OoafCS,IRG .nX DIJBDe flanncrs
PARCEL NO.: 27-906036-0
OWNER: Dorothy Jane Ten Eyck
502 East 4th Avenue
Shakopee, MN 55379 -
DESCRIPTION OF PARCEL:
That part of the North Half of the Southwest Quarter of Section 6, Township 115.
Range 22, Scott County, Minnesota, described as commencing at the southWest c:n uer
of said North Half of the Southwest Quarter; thence northerly along tri, w,: .:. 1 11,•
thereof 455.75 feet to the point of beginning of the parcel to be described; LiIUIICe
easterly 429.6 feet along the north line of Wermerskirchen's 2nd Addition, '
according to the plat on file in the office of the County Recorder in and for said
Scott County; thence northerly, parallel with the west line of said southwest
Quarter of Section 6 a distance of 342.38 feet; thence westerly to a point on said
west line distant 268.13 feet north of the point of beginning; thence south along
said west line 268.13 feet to the point of beginning.
DESCRIPTION OF EASEMENT:
A permanent easement for public utility and street purposes over, under and across
that part of the above described parcel , which lies southerly of the following
described line:
Sheet 1 of 3
NOTE: N.boundary survey work was pe6.rm dos I.dte precise IKERSEY CERTIFY THAT THISSURVEY PLAN,OR REPORTWAS PREPARED
Ioban Ot Nis UOCL BY ME OR UNDER MY DIRECTSUPERVISIghl-Z40 THAT I AM A DULY REGIS
LANG SURVEYORUNDERT SOFTHE STAT[OFM1tINNE50TA.
f/
0.EDWARD AMES REC.NO. 11194 DATE
DANIEL R.MCCIBBON REG.NO.18883 DATE
Commencing at the southwest corner of the herein described parcel ; thence qct
North, assumed bearing, along the west line of said Southwest Quarter 83.06 1'40
feet to the point of beginning of the line to be described; thence easterly
75.83 feet along a non-tangential curve, concave to the south, having a
radius of 330 feet, a central angle of 13 degrees 09 minutes 57 seconds, and
the chord of said curve bear South 86 degrees 13 minutes 08 seconds East;
thence South 79 degrees 38 minutes 10 seconds East 95.86 feet; thence easterly
44.36 feet along a tangential curve, concave to the north, having a radius of
270.00 feet and a central angle of 09 degrees 24 minutes 50 seconds; thepce
South 89 degrees 03 minutes 00 seconds East 215.70 feet to a point on a line
429.6 feet east of and parallel with the west line of said Southwest Quarter
and said line there terminating.
Said permanent easement contain 28,621 square feet more or less.
Sheet 2 of 3
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rq*�MZJ R Ma =n& [-331-8660 Surveyors �T 89-2R
AssoaaRS.IM. FA%331-3806 Planners No.
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PARCEL NO.: 27-906133-0
OWNER: Gordon Gelhaye
2933 Spring Lake Road
Prior Lake, MN 55372
DESCRIPTION OF EASEMENT:
A permanent easement for public utility and street purposes over, under and across
the south 4.50 feet of the east 300.00 feet of the west 729.00 of the north
300.00 feet of the south 811.50 feet of the Northwest Quarter of the Southwest
Quarter of Section 6, Township 115, Range 22, Scott County, Minnesota, which
lies southwesterly of the vacated and abandoned Chicago, Milwaukee, St. Paul
and Pacific Railroad.
Said permanent easement contains 1,015 square feet more or less.
Sheet 1 of 2
NOTE: No boundary survey work was performed as to Ne precise I HEREBY CERTIFY THATTHISSURVEY..PLAN,OR REPORTWAS PREPAREC
bcation of this tact `B MEOLANDS�VEYOR N SUTE WSOFTHESATEOFMINNESOTA
`12
D.EDWARD AMES REc.'NO. 11394 OATS
DANIEL R.WCIBBON Mi•..
AWI+ Sp, 96
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%rAi3Maycronr. .2-33 LaccO s;,�,�,ors NO. 89-3R
_` ASSOOdfes,It1G FAX 331-3806 Planners
PARCEL NO.: 27-906144-0
OWNER: R.J. Gregory - Property Management
547 West Jackson Boulevard
PO Boz 6205
Chicago, IL 60680
DESCRIPTION OF EASEMENT:
That part of the vacated and abandoned Chicago, Milwaukee, St. Paul and Pacific
Railroad right of way in the Southwest Quarter of Section 6, Township 115, Range
22, Scott County, Minnesota, which lies westerly of Market Street and southerly of
a line 516.00 feet northerly of and parallel with the south line of the Northwest
Quarter of the Southwest Quarter of said Section 6.
Said permanent easement contains 1,722 square feet more or less.
Sheet 1 of 2
NOTE: No boundary survey work was performed as to the precise I HEREBY CERTIFY THATTHIS SURVEY. ,AN,OR REPORTWAS PREPARE:
lo< non of this U21L BY ME OR UNDER MY DIRECTSUPERV 510N AND THAT I AM A DULY REG]'
LANNR5� RVEYOR UND 1, WSOFTHESTATEOF IINNESOTn
A/� �L!L!/j� �L7�1�
D.EDWARD AMES REG.NO. 11390 DATE
DANIEL R.MCGIBSON REG NO I3ee3 DATE
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CONSENT
MEMO TO: Dennis R. Kraft, Acting City administrator
FROM: Judith S. Cox, City Clerk l� J.
RE: Amending Resolution No. 2805 Which Vacated A Drainage
and Utility Easement Within Lots 1 & 2, Block 1, Valley
Park 6th Addition
DATE: May 31, 1989
INTRODUCTION:
The attached Resolution No. 3063 amends the legal
description of the drainage and utility easements which were
vacated by Resolution No. 2805 on October 6, 1987.
BACKGROUND:
On October 6, 1987, the City Council conducted a public
hearing on the vacation of utility and drainage easements lying
along the common lot line between Lots 1 & 2, Block 1, Valley
Park 6th Addition. The resolution which was adopted, Resolution
No. 2805, inaccurately described the easements to be vacated.
Instead of vacating the easements along the common lot line, the
resolution vacated the easements along the outer lot lines of
each of the two lots. (See attached drawings) The attached
Resolution No. 3063 simply amends Resolution No. 2805 to
accurately describe the easements which should be vacated.
ACTION REQUESTED:
Offer Resolution No. 3063, A Resolution Amending Resolution
No. 2805, Vacating Drainage and Utility Easements Within Lots 1 &
2, Block 1, Valley Park 6th Addition, and move its adoption.
JSC/tiv
RESOLUTION NO. 3063
A RESOLUTION AMENDING RESOLUTION NO. 2805, VACATING
DRAINAGE AND UTILITY BASEMENTS WITHIN LOTS 1 AND 2,
BLOCK 1, VALLEY PARK SIXTH ADDITION
WHEREAS, Resolution No. 2805 was adopted on October 6, 1987,
and recorded on october 13 , 1987, vacating certain easements
within lots 1 and 2, Block 1 of Valley Park Sixth Addition; and
` WHEREAS, the easements being vacated were incorrectly
described; and
WHEREAS, it is the desire of the Shakopee City Council to
correct Resolution No. 2905 to accurately describe the easements
being vacated.
NOW, THEREFORE, BE IT RESOLVED by the City Council in the
City of Shakopee, Minnesota, that Resolution No. 2805 is hereby
amended by correcting the description of the property easements
being vacated to read as follows:
The utility and drainage easement over and across the West
20 feet of Lot 1, Block 1, Valley Park Sixth Addition, Scott
County, Minnesota, except the Southerly 399.79 feet and
Northerly 20 feet thereof; and
The utility and drainage easement over and across the East
20 feet of Lot 2, Block 1, Valley Park Sixth Addition, Scott
County, Minnesota, except the Southerly 399.79 feet and
Northerly 20 feet thereof.
Adopted in session of the City Council of the
City of Shakopee, Minnesota, held this day of ,
1989.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of 1989.
City Attorney
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2.88
ESM' - No '7
DOC. Ns 7519 P/0 OUTLOT A
Memo to: Mayor 5 City Council Members
From: Marilyn Ramer, Personnel Coordinator
Re: Honorarium for Interview Panel
Date: June 5, 1989
Introduction
The interview panel consisting of Jim Hill, Jim Miller and Mark
Bernhardson interviewed finalists for the City Administrator position on
Saturday, June 3, 1989.
Background
Council authorized retaining Karen Olson, Labor Relations Associates,
Inc. to assist with the screening, interviewing and testing of City
Administrator applicants. She selected the above listed individuals to
conduct the interviews. She states that they are usually given an
honorarium and is suggesting $200.00 each. This is not something she
bills the city for, but which the city pays directly to each panel
member.
Recommendation
Staff recommends approval of the $200.00 honorarium for each panel
member.
Action Recuested
Move to authorize the appropriate personnel to issue $200.00 each to Jim
Hill, Jim Miller 6 Mark Bernhardson as an honorarium for the services
they provided as panel interview members.