HomeMy WebLinkAbout11/06/1990 MEMO TO: Honorable Mayor and City Council
FROM: Dennis R. Kraft, City Administrator
RE: Non-Agenda Informational Items
DATE: November 1, 1990
1. Attached is the November calendar of Upcoming Meetings.
2 . Attached is the November Business Update from City Hall.
3 . Attached is the bill summary through August 31, 1990 from
Krass and Monroe.
4 . Attached are the October 4 , 1990 minutes of the Board of
Adjustment and Appeals.
5. Attached are the October 4, 1990 minutes of the Planning
Commission.
6. Attached is the agenda for the November 8, 1990 Planning
Commission meeting.
7 . Attached is the agenda for the November 8, 1990 Board of
Adjustment and Appeals meeting.
8. Attached is a correspondence that Barry Stock received from
Mr. Mike Kazma, Amzak Cable Midwest Manager regarding the
removal of Midwest Sports Channel from the cable line up.
Questions regarding this issue are being taken by Barry.
9. Attached is the October Building Activity Report.
10. Attached is the Police Newsletter for Council review.
11. Attached is a memorandum from the Public Works Director
regarding underground storage tanks.
12 . Attached are the October 20, 1990 minutes of the Shakopee
Community Youth Building Committee.
13 . Attached is a memorandum from the Finance Director regarding
TIF Tax Payments.
14 . On Thursday, October 25, 1990 Barry Stock and Kay Schmudlach
made a presentation to the Scott County Board Committee of the
Whole regarding the possible formation of a Scott County
Economic Development Coalition. Just over a month ago, the
Shakopee City Council passed a resolution in support of the
continued investigation of the proposed coalition. The Scott
County Committee of the Whole enthusiastically endorsed the
concept. A draft joint powers agreement establishing the
proposed coalition is now being pursued. The Community
Development Commission will be forwarding a recommendation to
City Council on the proposed joint powers agreement before
year end.
15. As directed by City Council, representatives from the
Community Development Commission will be meeting with the
Shakopee Public Utility Commission on Monday, November 5, 1990
to discuss the placement of overhead lines along Valley
Industrial Blvd. North.
16. Attached is a memorandum from the Public Works Director
regarding T.H. 169 Bridge and Minibypass.
17 . Attached is a memorandum from the City Administrator regarding
overnight travel request forms.
18. Attached is a memorandum from the City Administrator regarding
a letter from George Realander.
# 1
November
UPCOMING MEETINGS
SUN MON TUE WED THU FRI SAT
1 2 3
4 5 6 7 8 9 10
4:30pm 8:00pm City 7:30pm
Public Council Planning
Utilities Meeting Commission
Election Day
11 12 13 14 15 16 17
City Hall 7:45m. . . . ...... - I
Closed - Downtown
Veterans I I C mm i t tEE... . I -
Day . .
18 19 20 21 22 23 24
7:00pm 7:00pm City Thanksgiving City Hall
Community Council - City Closed
Services Meeting Hall
7:00pm Closed
Cable
Communica-
tions
25 26 27 28 29 30
5:00pm CDC
7:00pm
Energy &
Transport-
ation
October December
a S M T W T F S S •M T :J T . F •• .v.
1 2 3 4 5 6 1
@ 7 8 9 1.0- IA. -1-2 . 13 . . . . 2 3 •4 • , ..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
10/23/1990
BUSINESS UPDATE FROM CITY HALL
Vol . 4 No. 11
Dear Chamber Member: November 1, 1990
BUILDING DEPARTMENT
FMG is nearing completion, with building occupancy scheduled for
January 1991. This facility is most impressive, should the
opportunity arise, do not hesitate to visit this complex or at
least the retail store when it is complete.
Housing permits are on a slide, a sign of the times.
CITY CLERK
EXERCISE YOUR RIGHT TO VOTE - NOVEMBER 6TH - Polls will be open
from 7 : 00 a.m. to 8 : 00 p.m. Polling places in Shakopee are:
First Precinct - Fire Station - 334 West 2nd Avenue
Second Precinct - Shakopee Public Library - 235 South Lewis
Third Precinct - Presbyterian Church - 909 S . Marschall Rd.
Fourth Precinct - Eagle Creek Thrift Shop - Jct. CR 83 &
CR 16
Fifth Precinct - Shakopee Community Youth Building -
1121 West 11th Avenue (Lions Park)
(This is a change from Christ Lutheran Church)
Applications are now being accepted for upcoming openings on City
Boards and Commissions. Applications can be obtained at city hall
or by calling 445-3650 . The Shakopee City Council will be filling
expiring terms on the following: Planning Commission, Energy &
Transportation, Community Development, Park & Recreation, Board of
Review, Building Code, Housing Advisory, Shakopee Public Utilities,
Police Civil Service, Cable, and the Downtown Committee.
COMMUNITY DEVELOPMENT
On October 9 , 1990 the Shakopee City Council elected to delete the
refuse fee from the December billing to compensate Shakopee
residents for the positive efforts they have made in recycling.
The funding for the recycling credit was generated from the sale of
the recycled materials collected in conjunction with the City ' s
recycling program. Since the implementation of the curbside
recycling program in March of 1990 over 1 . 8 million pounds of
recyclable materials have been collected. This equates to over 12%
of the total residential waste generated in Shakopee.
In an effort to meet dial-a-ride service demands, the seven
passenger mini van will be replaced by a 16 passenger vehicle
effective immediately. Increased ridership capacity will allow
Shakopee dial-a-ride to increase service effectiveness and
efficiency. During the winter months, dial-a-ride ridership
generally increases by approximately 25% . Dial-a-ride ridership
will average in excess of 4 , 000 passenger trips per month through
Spring.
ENGINEERING/PUBLIC WORKS
T.H. 169 BRIDGE CONSTRUCTION HAS STARTED. On October 22 , 1990 the
Mn/DOT contractor started construction of Phase I of the T.H. 169
Bridge/Mini bypass Project. This phase consists of constructing
the earth embankment for the bridge on the north side of the
Minnesota River. The contractor, Raymar Construction of Belle
Plaine, will be working as long as possible this fall and the work
will consist of tree removal and hauling fill in for the
embankment. This phase will be completed next summer. The main
bridge and bypass construction will start in early 1992 .
A ground breaking was recently held at Memorial Park for the
Shakopee Bypass. Governor Perpich and Commissioner of
Transportation Len LeVine were present to announce that the full
funding for this project had been obtained. The first phase of
this 4-phase project is expected to start yet this fall .
The Public Works Department would like to take this opportunity to
remind all residents that Calendar Snow Parking begins on November
1st. In addition, there is no parking permitted at all on Snow
Emergency Routes during a snowstorm. All business owners are
reminded that it is their responsibility to shovel the public
sidewalks in front of their stores.
Many of the street projects have been completed. Lewis Street,
Killarney Hills, and Adams Street have all been completed except
for some minor items.
Valley Industrial Boulevard North is still under construction, but
should be completed by the end of November, weather permitting.
PLANNING
At their October 4th meeting the Planning Commission passed a
recommendation approving the draft Comprehensive Plan. The draft
will be presented to the City Council in November for their review
and approval . Following City Council approval the plan will be
sent to the Metropolitan Council for review. The Metropolitan
Council will complete their review within ninety days.
SHAKOPEE COMMUNITY RECREATION (S.C.R. )
At the last Shakopee Community Recreation Board Meeting Director
George Muenchow submitted his resignation effective December 31,
1990. This date co-incides with the dissolution date of the Joint
Powers arrangement with the City of Shakopee and School District
#720. This dual arrangement for Community Recreation has been in
effect since 1954 . Earlier this year the City determined that it
will continue this function within a City Department of Parks and
Recreation. The City Council has already appointed a Parks and
Recreation Advisory Board and is now in the process of determining
staffing requirements for this department. The first printed
brochure depicting winter programs will be in Shakopee mail boxes
in time to start the new year.
THE KRASS & MONROE GROUP*
327 South Marschall Road
Shakopee, MN 55379
612/445-5080
August 13, 1990ECD
Billed through 07/31/90 AUG 1 3 7990
Bill number 1373-00000-013 SHA CITY OF SNAKOPE,-
City of Shakopee _
129 East 1st Avenue
Shakopee, Mn 55379
BILL SUMMARY
SUBJECT TOTAL r•r:ES
General $ 176.11
Prosecutions 2,861.65
Storm Drainage Easements 13.75
Vierling Drive West Condemnation 65.00
5th Street Condemnation 416.10
Depot Condemnation 1,010.30
Upper Valley Drainage Project - Scott 37.50
Women's Correctional Property 70.45
Rahr Malting 168.75
New Racetrack Owners 356.25
Conrady Assessment Appeal 194.95
TOTAL CHARGES FOR JULY $5,370.81
THE KRASS & MONROE GROUP
327 South Marschall Road
Shakopee, MN 55379
612/445-5080
Billed through 08/31/90
Client number 1373 SHA
City of Shakopee
129 East 1st Avenue
Shakopee, MN 55379
General
TOTAL FEES FOR THIS MATTER S 895.00
TOTAL DISBURSEMENTS FOR THIS MATTER S 10.10
Prosecutions
TOTAL FEES FOR THIS MATTER S 8,554.50
TOTAL DISBURSEMENTS FOR THIS MATTER S 45.30
101 Bypass
TOTAL FEES FOR THIS MATTER S 75.00
TOTAL DISBURSEMENTS FOR THIS MATTER S .00
Storm Drainage Easements
Bill Project
TOTAL FEES FOR THIS MATTER S .00
TOTAL DISBURSEMENTS FOR THIS MATTER S .00
Personnel Files
TOTAL FEES FOR THIS MATTER S 162.50
TOTAL DISBURSEMENTS FOR THIS MATTER S .00
5th Street Condemnation
TOTAL FEES FOR THIS MATTER S .00
TOTAL DISBURSEMENTS FOR THIS MATTER S .00
Depot Condemnation
TOTAL FEES FOR THIS MATTER S 188.50
TOTAL DISBURSEMENTS FOR THIS MATTER i S 11.10
Rahr Ma ting Co.
TOTAL FEES FOR THIS MATTER S 75.00
TOTAL DISBURSEMENTS FOR THIS MATTER $ 1.80
New Racetrack Owners
TOTAL FEES FOR THIS MATTER S .00
TOTAL DISBURSEMENTS FOR THIS MATTER $ .00
Conrady Assessment Appeal
TOTAL FEES FOR THIS MATTER S 371.25
TOTAL DISBURSEMENTS FOR THIS MATTER S 8.10
TOTAL FEES S 10,321.75
TOTAL DISBURSEMENTS S 76.40
TOTAL CHARGES FOR THESE BILLS S 10,398.15
TOTAL BALANCE NOW DUE S—i 3-2,v4.5.
TIN: MASS i NOME GROUP
327 South Marschall Road
Shakopee, MN 55379
612/445-5080
. tilled through 09/30/90
Client number 1373 INA
City of Shakopee
129 East 1st Avenue
Shakopee, MN 55379
General
TOTAL FEES FOR THIS MATTER S .00
TOTAL DISBURSEMENTS FOR THIS MATTER S .00
Prosecutions
TOTAL FEES FOR THIS MATTER S 755.75
TOTAL DISBURSEMENTS FOR THIS MATTER S 5.85
101 Bypass
TOTAL FEES FOR THIS MATTER S 472.50
TOTAL DISBURSEMENTS FOR THIS MATTER S .00
Storm Drainage Easements
Bill Project
TOTAL FEES FOR THIS MATTER S .00
TOTAL DISBURSEMENTS FOR THIS MATTER S .00
5th Street Condemnation
TOTAL FEES FOR THIS MATTER S .00
TOTAL DISBURSEMENTS FOR THIS MATTER S .00
Depot Condemnation
TOTAL FEES FOR THIS MATTER S .00
TOTAL DISBURSEMENTS FOR THIS MATTER S .00
New Racetrack Owners
TOTAL FEES FOR THIS MATTER S .00
TOTAL DISBURSEMENTS FOR THIS MATTER S .00
Conrady Assessment Appeal
TOTAL FEES FOR THIS MATTER S 41.25
TOTAL DISBURSEMENTS FOR THIS MATTER S 32.25
TOTAL FEES S 1,269.50
TOTAL DISBURSEMENTS S 38.10
TOTAL CHARGES FOR THESE BILLS S 1,307.60
4L
BOARD OF ADJUSTMENTS AND APPEALS
MEETING MINUTES
SHAKOPEE, MINNESOTA
REGULAR SESSION October 4 , 1990
MEMBERS PRESENT: Spurrier, Allen, Kahleck, Joos, Lynch,
Christensen, Rockne
MEMBERS ABSENT: None
OTHERS PRESENT: Lindberg Ekola, City Planner
Karen Marty, City Attorney
Sharon Storholm, Recording Secretary
1. ROLL CALL
Chairperson Kahleck called the meeting to order at 7 : 30 p.m.
Roll call was taken as noted above.
2 . APPROVAL OF AGENDA
Agenda was approved as submitted.
3 . APPROVAL OF MINUTES OF SEPTEMBER 6TH MEETING
Minutes of September 6th meeting approved as submitted.
4 . RECOGNITION OF INTERESTED CITIZENS
Chairperson Kahleck explained that if anyone present would
like to speak on an item not listed on the agenda, they should
speak at this time. No one offered any additional agenda
items.
5. OTHER BUSINESS
None.
6 . ADJOURNMENT
Meeting adjourned at 7 : 35 p.m.
44 S--
PLANNING COMMISSION
MEETING MINUTES
SHAKOPEE, MINNESOTA
REGULAR SESSION October 4 , 1990
MEMBERS PRESENT: Spurrier, Allen, Kahleck, Joos, Lynch,
Christensen, Rockne
MEMBERS ABSENT: None
OTHERS PRESENT: Lindberg Ekola, City Planner
Karen Marty, City Attorney
Dave Hutton - City Engineer
Sharon Storholm - Recording Secretary
1. ROLL CALL
Chairperson Kahleck called the meeting to order at 7 : 36 p.m.
Roll call was taken as noted above.
2 . APPROVAL OF AGENDA
Item 10 . e (Decorative Street Lighting) was added and one
additional non-agenda item was added by Kahleck. The agenda
was approved as amended.
3 . APPROVAL OF SEPTEMBER 6TH, 1990 MEETING MINUTES
Ekola noted a correction on page 2 , item 2 , the phrase
"constructed prior" in the first sentence should be inserted.
The minutes were approved as amended.
4 . RECOGNITION BY PLANNING COMMISSION OF INTERESTED CITIZENS
Chairperson Kahleck explained that if anyone present would
like to speak on an item not listed on the agenda, they should
speak at this time. No one offered any additional agenda
items.
5. OTHER BUSINESS
Three "Other Business" agenda items were presented before the
public hearing scheduled at 7 : 40 p.m.
A. Attendance Policy
Commissioner Christensen asked if an educational meeting
were to be scheduled (not to include the citizens or the
meeting of the Board of Appeals) would the members need
Minutes of the Page - 2
Shakopee Planning Commission October 4, 1990
to adhere. One had been held in July that was not
scheduled. Do these meetings need to be taken as
seriously as the regular meetings?
Chairperson Kahleck answered that in her opinion, all
meetings are important and the members need to let staff
know if they will not be in attendance.
B. November 1, 1990 Subdivision Plat Meeting
Ekola noted insert 10 .b in the packet regarding the
November 1st meeting. He said that the meeting will last
about 1 1/2 hours. He had met with Scott County Surveyor
and Engineer and they were working on a GIS system. He
would like to share a short video presentation at that
meeting.
C. Report on 1991 - 1995 CIP (Verbal)
Ekola presented a brief overview on the City Council
approved Capital Improvement Budget for 1991. He noted
that the Council would like to see the Park Board take a
more active role in the Capital Improvement Program. He
also noted that the sidewalk from 4th Avenue to 10th
Avenue on the east side of Marschall Road was excluded
from the CIP.
Commission Allen asked why the sidewalk project had been
turned down.
Ekola answered that there are considerable budget
constraints. This project can be brought forward in next
year ' s capital improvement budget to be considered.
6 . 7 : 40 PUBLIC HEARING: JENNIFER PEXA - CONDITIONAL USE PERMIT
NO. 599
Chairperson Kahleck opened the public hearing.
The City Planner presented highlights from the staff report.
He noted that the applicant is requesting a conditional use
permit to allow a home occupation on a R-2 zoned parcel for a
beauty shop at 2293 Park Ridge Drive. He stated that the
Zoning Ordinance allows for home occupations provided they can
meet five additional criteria in addition to the standard
criteria for conditional use permits. These five items
include: (1) Business must be carried on by a member of the
family. (2) It shall be carried on wholly within the
principal or accessory structure. (3) Exterior variations
from the residential character of the home or exterior storage
shall not be permitted. (4) Home occupation shall not produce
nuisances such as noise, traffic, odors, dust, etc. and
(5) No over the counter sales shall be involved except in AG
or R-1 districts.
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Shakopee Planning Commission October 4, 1990
The proposed salon complies or exceeds all the above mentioned
criteria.
The applicant has indicated she will be the only employee in
the home, a separate entrance is proposed, space for two
parking stalls exists on the southeast of the garage (adequate
per code) . No complaints have been received from the
neighbors and all City Departments recommend approval .
Commissioner Rockne asked if item #3 (regarding number of
employees) is more restrictive than the code allows.
Ekola answered that it was more restrictive.
Commissioner Spurrier noted that two more parking spaces would
be needed if there was another employee. He felt comfortable
with this if the applicant agrees.
The applicant, Jennifer Pexa of 2293 Park Ridge Drive came
forward to speak on her request for the conditional use
permit. She stated that she had received approval from the
Fire Marshall and Building Inspector. The business name has
been approved by the State. She has taken out liability
insurance. She questioned item 2 .E regarding over the counter
sales. She does already have a sales tax permit.
Ekola said that the Zoning Ordinance states that over the
counter sales are not allowed for home occupations in R-2
districts.
Commissioner Christensen said that the Commission needs to
look at that ordinance. She felt reasonableness was needed in
these situations.
Commissioner Spurrier agreed with Christensen. He felt if
retail sales are incidental to the principal business they
should be permitted. This can be qualified according to the
type of business.
Chairperson Kahleck said that as the ordinance stands, it is
not presently permitted, but the Commission would look into
it.
Commissioner Spurrier said he was comfortable with the
condition. He asked Pexa if she was the only employee
intended for the business.
Pexa answered that she would be the only person working there.
The only situation would be if she were sick and needed
temporary help to take the appointments.
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Shakopee Planning Commission October 4, 1990
Marty suggested that the phrase "on a regular basis" be added
to item 3 .
Commissioner Christensen requested that the Zoning Ordinance
regulation, on over the counter sales, be reviewed as soon as
possible.
Ekola suggested that two lists be created for the code update,
one list for things that are more pressing and a second list
for other issues. Pressing items could be discussed by the
end of the year and other items six months after.
Commissioner Rockne said that ordinance was designed to
discourage retail operations in a residential area. It is not
the intent to affect the purchase of a bottle of hair spray.
Jay Pexa of 2293 Park Ridge Drive came forward and stated that
they are new to Shakopee. They want to do things the right
way and keep the operation small - only a few days a week. He
felt that as long as the ordinance will be looked at, they can
abide with the condition until then.
Ekola said he would notify the applicant if there was a change
made in ordinance.
Public hearing closed.
MOTION: Commissioner Lynch moved that the Planning
Commission approve Conditional Use Permit Resolution No. 599
to allow a home occupation subject to the listed conditions
and with the addition suggested by Marty regarding a second
employee (to add the phrase "on a regular basis) to item 3 .
Christensen seconded the motion and it passed unanimously.
The following conditions were included in the approval of the
application:
1. Hours of operation shall be restricted to 8 a.m. to 8
p.m. , Monday through Saturday.
2 . A maximum of two clients can be served at any one time
during the hours of operation.
3 . Only the applicant will be allowed to work in the beauty
salon on a regular basis.
4 . The two parking spaces southeast of the garage must be
retained or the conditional use permit will become void.
5 . The applicant must comply with all State Fire Marshall
regulations and business license requirements.
V
—7
Minutes of the Page - 5
Shakopee Planning Commission October 4, 1990
6. All necessary building and plumbing permits and
inspections must be approved prior to the release of the
conditional use permit.
7 . If complaints to City staff in the future on this
conditional use permit warrant a review by the Planning
Commission, the City Administrator shall have the
authority to require such a review.
7 . REVIEW OF CONDITIONAL USE PERMIT RESOLUTION NO. 578 - TIM
PLATT
Ekola noted that a conditional use permit had been granted on
October 5, 1989 to Timothy Platt to allow for the operation of
a wood shop business at 8615 Boiling Springs Lane. One of the
conditions stipulated that a review be held one year from the
approval date.
The approval of this conditional use permit had been subject
to the following conditions.
1. The entire business operation must be contained within
the accessory building. Exterior storage was to be
limited to a bin as indicated on the application. The
bin was to be no higher than the accessory building.
2 . Only one person outside the household may be employed in
the business.
3 . Compliance with fire regulations and life/safety codes
regarding ventilation and storage of lacquer and paint
products.
4 . Compliance with road weight restrictions.
5 . No additional accesses constructed without County/City
Engineer approval and proper permits.
6 . Permit will be void if property is subdivided.
7 . Hours of operation limited from 8 a.m. to 10 p.m.
8 . Review of conditional use permit in one year.
City staff made an inspection of the site on September 26,
1990. The status of the conditional use permit conditions
were identified as follows:
(1) Lumber was being stored outside and that the applicant
has been alerted to the restriction on outdoor storage.
The applicant has since complied with the storage
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Shakopee Planning Commission October 4, 1990
requirement. An addition to the wood shop was built
instead of using the metal bins system. A building
permit was required for this addition and the applicant
has applied for and received this permit.
(2) Only one employee from outside the household has been
employed.
(3) Lacquer or paint products are not being used in this
shop. If they are used in the future, the applicant will
comply with codes.
(4) No complaints or citations have been issued on road
weight restrictions.
(5) No additional accesses have been constructed. The
driveway on Boiling Springs Lane has been widened. The
applicant has agreed to remove some gravel and cover the
edges with topsoil. It will then be reseeded.
(6) The property has not been divided.
(7) No complaints on the hours of operation have been
received.
(8) Review satisfies the one year review condition.
One complaint had been received on the increased width of the
driveway and the increase in parking in front of the building.
The applicant had met with the Engineering Department staff to
address the driveway issue.
Staff recommended approval of the review of Conditional Use
Permit No. 578 .
Commissioner Spurrier asked if the work has been completed
that was listed as unfinished in the review.
Ekola said the only outstanding item was the driveway width.
Tim Platt of 8615 Boiling Springs Lane came forward. He said
that the rock had been removed from the ditch by the driveway
and the dirt is going in this week. Hopefully, it will be
reseeded this fall .
MOTION: Commissioner Christensen moved that the Commission
approve the review of Conditional Use Permit No. 578 . Allen
seconded the motion and it passed unanimously.
Ekola noted that this will not come back again for review
unless complaints arise.
V
Minutes of the Page - 7
Shakopee Planning Commission October 4, 1990
8 . PROPOSED PUBLIC FACILITIES INTERIM ZONING OR OFFICIAL MAP
Ekola noted that at the September 18 , 1990 meeting the City
Council referred the proposed moratorium to the Planning
Commission for a recommendation. The proposed location is for
the area south of Shakopee Senior High School . He referred to
the map on the wall depicting the area. The area is being
considered for public facilities, two collector streets and a
drainage system. He stated that the Planning Commission
recommendation should identify if a public hearing should be
held and suggested a tentative date.
Marty stated that she had drafted a memo explaining the
interim ordinance process. She explained the official mapping
process and noted that it can serve to warn people not to plan
construction on these sites as it is planned for public
purposes.
Hutton stated that the Minnesota Department of Transportation
is purchasing an easement for the drainage system passing
through the area. He noted that the acquisition was 12 - 18
months away and that land is currently owned by one party.
Commissioner Lynch asked if it would benefit the City by
having this mapped now.
Hutton answered that it would.
Commissioner Christensen asked if it was a decided issue.
Chairperson Kahleck answered that it was not.
Commissioner Christensen stated that she felt alternative
sites needed to be discussed for a community center.
Commissioner Joos said that the mapping of the area was
acceptable for public facilities, but that the community
center should not be specified alone.
November 29 was suggested as a possible meeting date.
Commissioner Christensen asked what the purpose of the public
hearing would be and what issues would be addressed.
Ekola stated that the public hearing would be for comments on
the moratorium to allow for public facilities in the area near
the school .
Commissioner Lynch added that it would be for the purpose of
putting it on mapping so the school expansion would be
possible.
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Shakopee Planning Commission October 4, 1990
Hutton said the Council intended to place this land on hold
for study only.
Chairperson Kahleck said the Council will appoint a committee
to study the idea of a community center location and
discussion and hearing will be held later.
Commissioner Rockne felt the school situation was the prime
reason for the moratorium and he would like more information
from the school people.
Commissioner Joos asked why such rapid action was necessary.
Commissioner Spurrier said that through proposed changes in
track and field areas, the school people realized the plans
for changes in the high school were obsolete. They must
acquire additional land to expand and need a plan. In order
for them to start the planning process, the Commission needs
to approve this now.
Commissioner Joos asked why the urgency - were there some
plans in the wind for the property?
Marty said a subdivision request could come in before that.
The Commission also needs to consider which Council meeting
the recommendation will go to.
Hutton answered that the land was recently annexed into the
City.
Commissioner Christensen said that this would be the third
meeting in November. It should be made clear that there will
be no discussion on the Community Center.
It was decided that the first meeting in December would be an
appropriate date.
Commissioner Lynch gave an overview on the athletic complex
expansion. In March, they had authorized an architect to do
configurations on track/soccer/football areas. A citizens
group was formed. Even though the school ' s plans were not so
large, they are required to have a certain amount of green
space. They need to expand and if they do not the school
could be land locked. The community center idea came up and
the City and school have talked about cooperation. She asked
if there are parcels downtown large enough for a community
center.
Marty reminded the Commission that the requested action was to
recommend a public hearing for an interim ordinance.
Minutes of the Page - 9
Shakopee Planning Commission October 4, 1990
Commissioner Christensen said she did not want the community
center involved in what they vote on this evening. The future
needs of the school need to be considered.
MOTION: Lynch moved that the Commission recommend to the
City Council that they hold a public hearing on
interim mapping to establish the means for proposed
public uses. Allen seconded the motion and it
passed unanimously.
9 . COMPREHENSIVE PLAN - FINAL DRAFT RECOMMENDATIONS
Ekola stated that although some outstanding clerical changes
to the final draft were needed, staff was requesting that the
Planning Commission approve a motion recommending approval of
the plan. He noted that staff would add a bibliography,
glossary and a "How to use the Action Plans" section. In
addition he proposed adding discussion on the location of the
community center, change the transportation system plans as
recommended by the Planning Commission and include comments
from the Allianz Corporation as a memo to the City Council .
Chairperson Kahleck asked if the Comprehensive Plan should be
approved subject to the changes.
Commissioner Christensen said she would feel more comfortable
approving the community center as a separate item.
Commissioner Spurrier suggested additions regarding the
downtown area that better defined the circulation in that
district.
The status of the proposed City Hall relocation was questioned
as it related to the Comprehensive Plan.
Ekola stated that discussion on the City Hall had been
included in the Community Facilities element. Ideally the
City would move into the new location in January 1992 .
Commissioner Rockne felt the most cost effective location that
would serve the purpose was needed. He suggested item LU-j be
removed.
Commissioner Allen said that he believed it went on record
that the City Hall was to be downtown.
MOTION: Commissioner Lynch moved that the Commission
approve the Comprehensive Plan and direct it to the
City Council with the additions suggested by Ekola,
not including the community center. Statement LU-j
was deleted from the plan because it was redundant.
Motion passed unanimously.
Minutes of the Page -10
Shakopee Planning Commission October 4, 1990
10 . MINOR SUBDIVISION PROCESS - DISCUSSION
Ekola said that there had been several developments submitted
to the City which have not been able to meet the zoning
ordinance requirements. A process is needed to reorganize
property lines in a manner more acceptable to all involved.
If an ordinance amendment is appropriate, a public hearing
would be held during the November Commission meeting. He
noted two case studies in the packet that he had included for
the Commission' s review. One case study reviewed land
division issues on vacant land and the other on developed
land. Staff is currently researching other area city
ordinances for their approach to this issue. At this time,
the City allows minor divisions of platted land in certain
instances. The ability to reassemble lots and remove
antiquated lot lines is critical on redeveloping new
properties. Staff requests that the Commission direct staff
to develop an ordinance amendment for minor subdivisions and
take the appropriate steps to process the amendment. A public
hearing would be appropriate.
Commissioner Spurrier suggested that there could be rules that
apply to reassembly of platted lots in developed areas.
MOTION: Joos moved that the Commission direct staff to
develop an ordinance amendment for minor
subdivisions and take the appropriate steps to
process the amendment. Commissioner Lynch seconded
the motion and it passed unanimously.
Commissioner Spurrier noted that this should be done with a
registered land survey.
* Commissioner Rockne left the meeting.
11. RADIUS DEDICATIONS - COMMISSIONER SPURRIER
Commissioner Spurrier noted that additional dedication was
needed at intersections (the street that had been under
discussion previously was 12th Avenue) . He displayed a
drawing showing the radius some trucks would need to make the
turn. The area has race track traffic mixed with industrial
traffic. It can be a dangerous situation. Needs of the area
should be provided for. The area of Valley Park Drive may
need significant modification to the intersection. The right-
of-way is not there because it was not asked for on a plat.
He did not know if what had been dedicated covers that, but it
should be looked into.
Hutton said he agreed with Commissioner Spurrier. Current
regulations do not allow for additional right-of-way in such
situations. The code should be revised rather than do it plat
by plat.
f
3
Minutes of the Page -11
Shakopee Planning Commission October 4, 1990
Commissioner Spurrier noted that the intersection of 4th
Avenue and County Road 83 was another similar intersection.
Chairperson Kahleck suggested to Ekola that this item be put
on the short code update list.
12 . DECORATIVE STREET LIGHTING
Ekola noted that there has been a request for additional
street lighting from a developer and homeowner association.
Lou VanHout requested that the Planning Commission review the
agreement that was presented. The cost of more decorative
street lighting (beyond the cost of typical fixtures) would
rest with the developer and homeowner' s association. Staff
recommends that the Planning Commission forward a
recommendation to the City Council which approves the
decorative street lighting policy.
Commissioner Joos noted that replacement bulbs will be the
responsibility of the homeowners association, but that SPUC
will be responsible for installation.
Ekola confirmed that this was correct. They do have legal
process if the association backs out. The costs necessary to
pay for it can be assessed.
MOTION: Allen moved that the Commission pass a motion
recommending that the City Council approve this street
lighting policy on decorative lighting. Lynch seconded the
motion and it passed unanimously.
13 . NON AGENDA INFORMATIONAL ITEMS
Chairperson Kahleck noted that regarding the conditional use
permit (from the last meeting) regarding the chapel in the
home, that item is being appealed to the City Council on
October 9 , 1990. All Planning Commission members were invited
to the public hearing.
14 . ADJOURNMENT
Meeting adjourned at 9 : 25 p.m.
cc3,
TENTATIVE AGENDA
PLANNING COMMISSION
Regular Session Shakopee, MN November 8 , 1990
Chairperson Melanie Kahleck Presiding
1. Roll Call at 7 : 30 P.M.
2 . Approval of Agenda
3 . Approval of October 4 , 1990 Meeting Minutes
4 . Recognition by Planning Commission of Interested Citizens.
5. Final Plat - Valley Park 10th Addition
Applicant: Canterbury Business Park Limited
Partnership - Jon Albinson
Action: Final Plat Approval
6 . 7 : 50 P.M. PUBLIC HEARING: Subdivision Regulations
Proposed Amendment to City Code to allow for minor
subdivisions .
7 . Discussion: Mineral Extraction/Commercial Recreation
Conditional Use Permits.
8 . Discussion: Proposed Amendment to City Code on Park
Dedication Fees.
9 . Other Business
a. Metropolitan Council - Rural Service Area Policy Meeting
b.
c.
10 . Non-agenda Informational Items
ii. Adjourn
Lindberg S . Ekola
City Planner
NOTE TO PLANNING MEMBERS :
1. If you have any questions or need additional information on any
of the above items, please call Lindberg or Aggie on the Monday
or Tuesday prior to the meeting at 445-3650 .
2 . If you are unable to attend the meeting, please call the
Planning Department prior to the meeting.
REMINDER: Please bring your City Code 3 ring black binders to the
November 8th meeting. Thank you.
TENTATIVE AGENDA
BOARD OF ADJUSTMENTS AND APPEALS
Regular Session Shakopee, MN November 8 , 1990
Chairperson Melanie Kahleck Presiding
1. Roll Call at 7 : 30 P.M.
2 . Approval of Agenda
3 . Approval of October 4 , 1990 Meeting Minutes
4 . Recognition by Board of Adjustments and Appeals of Interested
Citizens.
5 . Other Business
a.
b.
c.
6 . Adjourn
Lindberg S. Ekola
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 Lindberg or Aggie 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.
����
' ' 8
(612) 445-6151
* AMZAK � � � � � MIDWESMIDWEST, INC.
Barry Stock
129 Eas� First 4v�
Shakopee, MN 5=79
RE: Midwest Sport7, hannel
Oztober 22, 1'�'�0
Dear k3arrv ,
On Uctober 5, 1990 Amzak received a letrer from Midwest
Sports Channei stating our contract with them is null and
void. I have been negotiating with MSC officials but to
date no agreement has been reached' Effective November 1 ,
1990 MSC will have to be taken off Amzak 's cable lineup.
If you have any questions. please feel free to call .
Si7csreIv .
-�~ ~~~, /-
Mike Karma ,/
Vice Fresident
!
|
Y
Midwest Sports Chanel
11th on the Mall Minneapolis MN 55403
(612)330-2637
October 5, 1990
Mr. Michael Kazma
Vice President
AMZAK Cable Midwest, Inc.
137 First Avenue E.
Shakopee, MN 55379
Dear Mr. Kazma:
This is to notify you that, effective October 10, 1990, Midwest Sports
Channel will be altering the frequency of its signal distributing the MSC
sports programming service. Contrary to your assertions in your August 8,
1990 letter to me, MSC does not acknowledge that it has a contract with
AMZAK to provide the MSC sports programming service. However, as a
matter of courtesy, I advise you of the alteration of our frequency.
Regards,
,.cam ��1
Kevin Cattoor
Vice President and General Manager
Midwest Sports Channel
KC:sdg
cc: Jim Rupp
Jim Pederson
Kate Samoszuk
_:4- 9
CITY OF SHAKOPEE
BUILDING ACTIVITY REPORT - OCTOBER 1990
October 1990 October 1989
No. No. Valuation No. No. Valuation
Month Y.T.D. Y.T.D. Month Y.T.D. Y.T. D.
Single Family-Sewered 7 76 4 , 807 , 100 6 81 5, 801, 765
Single Family-Septic - 15 1, 965 , 600 - 7 820, 000
Multiple Dwellings - - - 2 222 , 000
( # Units) (YTD Units) (-) (-) - (6) (6)
Dwelling Additions 1 53 136, 450 6 72 293 , 921
Other 1 15 122 , 210 1 10 186 , 390
New Comm. Bldgs - 5 4 , 460, 000 1 7 1, 568 , 700
Comm. Bldg. Addns. - 4 1,741, 000 - 1 1, 000
New Industrial-Sewered - 1 11, 972 , 000 - 1 1, 445, 000
Ind. Sewered Addns. 1 3 1, 030, 600 - 2 102 , 990
New Industrial-Septic - - - - 1 172 , 000
Ind. Septic Addns. - - - - 2 170 , 000
Accessory/Garages 7 34 194 , 299 8 42 257 , 591
Signs & Fences 6 71 92 ,795 8 66 148 , 691
Fireplaces/Wood Stoves - 10 21, 755 6 19 , 900
-
Grading/Foundation - 5 101, 000 11 1, 407 , 920
Remodeling (Res. ) 2 20 103 , 500 2 21 121, 090
Remodeling (Inst. ) - - - - 1 97 , 230
Remodeling (Comm/Ind. ) 6 32 2 , 551, 475 3 35 2 , 701, 919
TOTAL TAXABLE 31 344 29, 299 , 784 35 367 15, 440 , 877
TOTAL INSTITUTIONAL - - - - 1 97 , 230
GRAND TOTAL 31 344 29 , 299 , 784 35 368 15, 538 , 107
No. YTD. No. YTD.
6
Variances - 3 - 20
Conditional Use 1 7 -3 -
Rezoning - _ - 1
Moving -
Electric 27 263 36 287
Plumbing & Heating 29 337 32 324
Razing Permits - 1
Residential 1 2 - -
Comm./Ind./Inst. - 1
Total dwelling units in City after completion of all construction permitted
to date 4 , 470
Jeanette Shaner
Building Department Secretary
CITY OF SHAKOPEE
BUILDING PERMITS ISSUED IN OCTOBER, 1990
8805 Logeais Homes 1813 Ruby Circle House $ 70, 000
L 10 B 2 Heritage Place 2nd
8806 Logeais Homes 1259 Ruby Lane House 61, 900
L 2 B 2 Heritage Place 2nd
8807 Davis Construction 1812 Granite Drive Remodel 500
8808 Timothy Platt 8615 Boiling Springs Storage Bldg 675
8809 Timothy Platt 8615 Boiling Springs Storage Bldg 2 , 520
8810 Novak Fleck 1301 Pondview Court House 60, 000
L 1 B 2 Meadows 3rd
8811 Jerome Miller 493 Marschall Road Remodel 700
8812 V. F.W. 1201 East 3rd Avenue Sign 500
8813 New Mech Companies 3303 East 4th Avenue Comm. 52 , 000
8814 Novak Fleck 618 11th Avenue House 45, 000
L 18 B 3 Meadows
8815 Lannon Services Inc. 814 Spencer Street Garage 9, 000
8816 Void
8817 Butch Notermann 841 Market Street Garage 7, 000
8818 Minn. Valley Fence 842 Minnesota Street Fence 600
8819 Richard Lockert 1067 Eastview Circle Remodel 8 , 000
8820 Jenny Pexa 2293 Park Ridge Drive Sign 50
8821 Bremer Construction 5276 Valley Ind. Blvd. Comm. 20, 000
8822 Sather Design & Build 1186 Van Buren Porch 9 , 000
8823 Kajima International 1000 Valley Park Drive Conveyor 1, 800, 000
8824 Barthel Construction Shakopee Town Square Remodel 18, 000
8825 Holiday Stationstores 444 East 1st Avenue Sign 500
8826 Holiday Stationstores 444 East 1st Avenue Sign 3 , 500
8827 Northern States Power NSP Blue Lake Substation Slabs 2 , 100
7
8828 Metro Building Systems 4108 Valley Ind. Blvd. Comm. 17 , 800
8829 Stan Pint 2681 Emerald Lane House 70 , 000
L 19 B 1 Hauer' s 4th
8830 Robert Jasper 1257 Marschall Road Comm. 5 , 075
8831 Dave Sweet 3090 29th Avenue Pole Barn 8 , 000
8832 Zefere Lusignan 3650 Eagle Creek Blvd. Garage 5, 300
8833 Minnesota Valley Fence 1732 E. Shakopee Avenue Fence 900
8834 DuraBuilt Associates 227 E. Shakopee Avenue Garage 8 , 000
8835 Gardner Brothers 1272 Ruby Lane House 79 , 500
L 8 B 1 Heritage Place 2nd
8836 Novak Fleck 503 Mint Circle House 45, 000
L 4 B 4 Meadows 4th
[ l
MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR
FROM: DAVE HUTTON, PUBLIC WORKS DIRECTOR,
SUBJECT: UNDERGROUND STORAGE TANKS
DATE: OCTOBER 22, 1990
INFORMATIONAL ITEM FOR COUNCIL
Beth Lockwood, from the Minnesota Pollution Control Agency
(MPCA) , called me today. She had read the Shakopee Valley News
article regarding the City Council's decision to hire a
consultant to analyze our underground storage tanks. Basically,
she wanted to confirm the City's plan to bring our tanks into
compliance since the newspaper article was fairly brief.
During the course of our discussion, she brought up two
points.
First, any tanks older than 1974 need to be upgraded by the
end of 1991. Any tanks from 1975 on need to be upgraded by the
end of 1992. Our tanks were installed in 1975, so therefore the
City has until December 31, 1992 to upgrade our tanks. I believe
in my memo to Council I had indicated that the City had to be in
compliance by the end of 1991, so we actually have one more year
than originally anticipated.
This is advantageous to the City in the fact that since we
really don't know what the cost will be to upgrade our tanks
until the report is completed, the funds can be included in the
1992 budget. The funds proposed in the 1991 budget for this item
were "guestimated" and may or may not be adequate.
The second item brought up by Ms. Lockwood was the fact that
the petrofund money is only eligible for clean up item (i.e. tank
removals, contamination, spills, etc.) , but is not available for
upgrading the tanks.
I felt that the City Council should be aware of these two
items.
Tia
SHAKOPEE COMMUNITY YOUTH BUILDING COMMITTEE MEETING
MINUTES : OCTOBER 20 , 1990
9 :00 - 9 : 45 A.M.
Members present : LaVern Johnson, Gwen Solseth, Gary Lindstrom
Minutes from the meeting of September 15 , 1990 were approved.
The Treasurer ' s report was read and approved.
OLD BUSINESS :
Gwen checked on a Wholesale Club membership for the Building
Committee . She was told this would be difficult because a
membership identification card requires a picture on it . That
would be impossible with five members and with the membership
changing every year . Gwen and Gary both indicated that they
have memberships so if something is required from the Whole-
sale Club one of them will make the purchase and be reimbursed.
Gwen will contact Dan Gerold regarding stripping and waxing the
floors in the building.
The discussion on the display cabinets was postponed until fur-
ther information could be received.
It was decided that LaVern will check with Barry Stock regarding
the question of insurance to cover vandalism or theft at the
Building. He will also ask Barry about the possibility of the
City of Shakopee putting up street lights by the Building to
provide better security for the Building as well as the users .
LaVern is putting together a list of user rules that will be
sent to all regular users of the Building. This includes un-
locking and locking the doors , setting of, the thermostat , and
care and cleaning the Building. The groups will also be sched-
uled for monthly cleaning responsibilities .
Upcoming Committee position vacancies were again discussed. It
was decided that LaVern would contact Judy Cox to obtain member-
ship application forms . Last year we started a little late on
this and the process took longer than anticipated. This year we
would like to start earlier .
NEW BUSINESS :
The next meeting of the Shakopee Youth Center Building Committee
is schedulded for Saturday, November November 10 , 1990 at 9 : 00 a .m.
TO: Dennis R. Kraft, City Administrator
FROM: Gregg Voxland, Finance Director
RE: TIF Tax Payments
DATE: October 30, 1990
This is an informational item you may want to pass along to Council. I
checked the county treasurer records today to see what the status of TIF parcels
are for payable 1990 taxes. All parcels have paid the pay 1990 taxes in full
except for two parcels in the downtown district and three parcels in the motel
district.
41(
MEMO TO: Dennis Kraft, City Administrator121
FROM: Dave Hutton, Public Works Director
SUBJECT: T.H. 169 Bridge & Minibypass
DATE: October 30 , 1990
INFORMATIONAL ITEM FOR COUNCIL:
I have recently been informed that several Shakopee Public
Utilities electrical system facilities will need to be relocated
due to the T.H. 169 Bridge and Minibypass Project. The preliminary
estimates are that the relocations will cost approximately
$270, 000, according to the consultants for SPUC.
Mn/DOT staff has indicated that since SPUC is a public utility,
MN/DOT will pay for the majority of the expense, excluding any
upgrading. If the electric facilities were private (i.e. NSP)
Mn/DOT would not pay anything for the relocations.
Staff felt that the City Council should be aware of the cost
savings to SPUC for being a municipal utility since SPUC often
prefers to think of themselves as an autonomous entity most of the
time.
DH/pmp
# 17
MEMO TO: Honorable Mayor and Council
FROM: Dennis R. Kraft, City Administrator
RE: Overnight Travel Request Form
DATE: November 2 , 1990
Attached is a copy of a memo of transmittal and travel form that I
have distributed to all department heads. In reviewing past travel
practices it has become apparent that a greater level of
administrative control is needed to regulate travel.
No Council action is required on this item, however if there are
questions relative to this please do not hesitate to contact me.
TRW\DRK\memos
it
City of Shakopee
Conference Request Form For Overnight Travel Out of The Metro Area
This form must be approved in advance by the City Administrator to be eligible
for expense advance or reimbursement for overnight travel.
Employee Dept. Date
Destination
Purpose
Conference Dates (Start/End)
Travel Dates (Leave/Return)
Total Cost of Conference Registration/Events
Division Budget to be charged
Remaining Conference Budget (4390) as of
Total Est. Cost of Travel, Lodging & Meals
Remaining Travel Budget (4330) as of
Method of Travel
Flying - Lowest cost =
City Vehicle
Private Auto - Est. mileage cost =
Is City vehicle available
Signature of Employee Requesting Travel
Signature of Department Head
Explanatory notes:
Approval of City Administrator
Date of Approval
# Ig
MEMO TO: Honorable Mayor and Council
FROM: Dennis R. Kraft, City Administrator
RE: Letter from George Realander
DATE: November 1, 1990
The attached packet of materials was received on October 29, 1990
from Mr. George Realander. In his letter Mr. Realander requests an
investigation by the City Council of the performance of the
Shakopee Police Department, the former City Attorney Mr. Coller,
the Minnesota Judicial system (a public defender appointed on Mr.
Realander's behalf) and local prosecutors.
There is additional relevant information relating to Mr.
Realander's situation. I am in the process of gathering that
information from the public record and will transmit it to the City
Council. Because of the nature of the allegations and the other
relevant circumstances surrounding this situation I am requesting
that the City Council take no immediate action. Once I have
gathered that information it would be appropriate for the City
Council to receive and file this information and probably inform
Mr. Realander that the Council has taken that action. I hope to
have additional information ready for the City Council for the
meeting of November 6th.
TRW\DRK\memos
Iv
October 28, 1990
QCT 2 91990
George Realander
206 Main Street CiTy+QFq ? , �
Shakopee, Minnesota 55379
Shakopee City Council
c/O City Of Shakopee
129 1st Avenue Fast
Shakopee, Minnesota 55379
Please accept this letter and attached documents as notice that I am concerned
that local law enforcement has discriminated against me, an ex-husband with
familial responsibilities for three children, failed to properly investigate
charges of crimes against me, and been negligent in its responsibilities tc.)
members of this community. Local law enforcement has become too politicized
and has failed too focus in on basic law enforcement duties.
The letter to Shakopee Police, 8/16/88. A member of this community, my ex-
wifes roommate, Ms Schwartzman exhibited disorderly conduct at my residence and
threatened me. My behavior was defensive. Shakopee Police did not investigate.
I was subsequently charged with terroristic threats.
The letter of 11/18/89 to Mr Coller. I was invited to a local business with
the endorsement of my ex. I was subsequently harassed and threatened by Ms
Schwartsman.
The letter of Mr Coller of 12/6/89. Mr Coller ignored his responsibilities
to conduct a proper investigation and bring charges against Ms Schwartzman.
In both instances authorities did not conduct a proper investigation and pro-
tected the initiator of these offenses. Ms Schwartzman has contacts with the
local police evidenced by her trip to skateville recently with my kids and
Shakopee Jaycees. The police are not acting impattially.
In January 1990 I was charged with terroristic threats based on an entrapping
phone call to my ex in November 1989. In Febuary 1990 I was charged with
harassing Mr Coller despite no previous indication future contact would be
deemed harassment and because the public defender, Mr Dunnwald, failed to pro-
vide me a list of no contacts ordered by the court.
The letter of 10/19/90. A medical emergency for my son was ignored. My ex
and Ms Schwartzman were abusive and not charged.
I am barred from contact with local prosecutors and from contact with or
harassment of Mr Coller. I'm barred from contact with local police except
in emergency.
I feel the record demonstrates a history of discrimination against me whereby
local authorities have developed into a terrorist arm of government to abuse.
Letter of 10/28/90 to Council. Page 2.
I request an investigation by the city council. As a lifetime resident of
this community I feel there has been abuse to me and my
yafamime
lando false
charges. I am not a criminal and I want all charges agPPes
cerely9
George Realande``
l �
Anrunt 26, 19f?f?
G^orae Bealander
206 ?4 '1n Street
Shak pee, binneecta 55379
Shakopee Police Department
I!76 Gorran Street
ahakcpse, Minnesota 55379
This is in follow-up to a call I placed this morning to Officer Sheer. My wife
and her friend robin Schwartzman of 337 Shawnee Trail, Shakopee stopped at my
r7ei.dence to present me with copies of medical bills. Robin used abusive
language, created a disturbance, end threatened me with my kids ,metal bar-.n-
ball bat. I RA! ready to press charges if necessary.
Sincerely,
Ger:rae Irea.tander
November 18, 1989 /
George Realander
206 Main Street
Shakopee, Minnesota 55379
Julius Culler
City Attorney
211 W First Ave
Shakopee, Mn 55379
Res Robin Schwartzman
This a.m. my son, Jess, called re and asked me if I would come to Shakopee
Bowl where he and his brother would be bowling. This action was sanctioned
by his mother. When I arrived at the bowling alley I was eventually har-
assed by Robin Schwartzman, my ex-wifes roommate. Ms Schwartzman threatened
to kick me where it hurts and she directly threatened to "kill me". Ken,
the manager, had to call her off. I subsequently reported this to officer
Terry Doyle.
I wish to file formal complaint against Ms Schwartzman. I want her charged
and prosecuted. I want her removed from the residence of my children. Ms
Schwartzman represents a clear and present danger.
M do not want a letter from you similar to your letter of July 17, 1989
pawning this serious matter off onto human services or informing me there is
in your opinion no cause for action.
My life had been threatened and I am the primary support of my three children
and I hold an ilipertant job so I expect your office to take action and get
results.
Sincerely,
George Realander
/ P
cJULIUS A. CC+LLER, II
JULIUS A.CO LLER ATTORNEY AT LAW 612-445 1244
1859-1940 211 WEST FIRST AVENUE
SHAKOPEE, MINNESOTA
553Z9
November 28, 1989
Mr. George Realander
206 Main Street
Shakopee, Minnesota 55379
Dear Mr. Realander:
I have your letter of November 18 and I have requested a report from Officer
Doyle of the Shakopee Police Department. I will check the matter and then
get back to you. If you are able to prove the threat that Ms. Schwartzman
made to you, you certainly will be entitled to a complaint. However, it
is not within my power or jurisdiction to remove her from her present
dwelling.
Ver ruly yours,
qor ,
Jul us A. 0511er, II
Shakopee City Attorney
JAC/bpm
JULIUS A. COLLER, II
LAW A.CO LLER ATTORNEY AT �• W 612 445-1244
1859-1940 2 1 1 WEST FIRST AVENUE
SHAKOPEE, MINNESOTA
55329
December 6, 1989
Mr. George Realander
206 Main Street
Shakopee, MN. 55379
Dear Mr. Realander:
This is a follow up to my letter to you under date of November 28, 1989.
I received the copy of the police departments initial report that I
requested which is not too helpful, although it would be good for some
support material.
In order to successfully charge Ms. Schwartzman, can you give me the
names of any parties, other than yourself, who have heard Ms. Schwartzman
threaten to kick you where it hurts and to kill you. You did mention
Ken, the manager. Can you furnish me with his last name?
Upon receipt of the above requested information I will gladly follow up
your request.
Very trul yours,
Au
4liu- A. Coller, II
Shakopee City Attorney
JAC/nh
j;11::
GJ, L ii'•
gY
55329
Ce,•1;;e-1, iieeitsota 55318
Attseh:d plcaee fend various correspondence related to the criminal matter of
thrlite.
Fleet, the robber of C/16/88. I reported the incident to Officer Sheer anti.
elle,A . to ..ith }':lc letter. Officer Sheer ;iJver czme i:e t:i.ji? a •=t•'.i:e-
ment r-om nt nor wee Ms Schwart2' an chargel with dieerlerly condect, or
tee este t lr. threets censldering she waived a baseball bat at ;:.e cit?1
l e 3'_' ef 11/VA,'F9. Illi S:hwar tzman 'titeetly th 'aten:le
.t tele Sil=1heeee Bowl after I Nis Invited there with .'.1'3 al, _ :"'al
cl my ex. The manager of the bawl witnes ed it and broke u; .the i r
cldrnt. I eeperte:l tiro ,matter tc ahakspee F.1.
Ts bre, the letter frcra Caller of l2/6/89. Mr Collar :ants, me t•.: fulnieh 'nee
Ween the beeline managers last nurse. �idicu7.oust
?hie is ;turning inti: a paranoid envircnnent over here where t`.io police caeeet
tar ^u3tt i to act ee a fr.tend ox a public safety person snt the city a,,tc,r7,c,,
is ere judiced. Ap arently tis Schwattemen is free to treat the law at her
well and ne ,ele ever chargee her, thrcwe her in jail or prosecutes her. I'ri
always beteg victimized by the police, the city attorneys the prosecutors, eed
the coar c =:r,:1 I'm sicc or it. If I ;lake an allege:. terroristic threat I eet
t sewn le jail; charged, cent to VA Hoepi el, have to pay the bill, and beau
job enpo:_tunitiee for months on end. I'm not guilty. I raaiatsin I lacked proper
anAn ti,n:r wns to make a threat and I acted in self defense. I arm sick ansa
tired of these people making a criminal out of me when I am not the principal
violator. The recent terroristic charge is I believe entrapment. My ex en-
gaged me in conversation and discussion and was in effect est threatened. She
could haee cut off the conversation at any time. I'm sick and tired of being
cheated on this criminal matter and I hope your office can do something to
render my position stronger.
Sincerely,
George Realander
October 10, 1990
/111
George Realander
206 Main Street
Shakopee, Minnesota 55379
Richard Swanson
Attorney At Law
PO Box 85
Chaska, Minnesota 55318
I have not been informed by Scott County Human Services on the date for the next
supervised visit. Since the court order new in effect provides for visitation
I think your office needs to contact Scott County and request compliance.
On Monday evening, 10/8/90, my sen Jess called me. He could barely talk, he
was wining, he couldn't breathe very well. He was having an asthma attack and
informed me his mother would not give him the breathaliser. I could hear her
and her rmemmate laughing in the background. I called the police. Officer
Carlson called me back and said he had tslked to my ex about this, could hear
my kid talking, but did net seek compliance with the medication. Jess called
me back later after his mother gave him medication and he was o.k. Tuesday I
called Scott County Human Services and reported this to Ms Moriarty. This is
the second time I have had to complain about my ex abusing the kids by not
giving them their medication.
I feel that you and Mr Dunnwald and Mr Leavitt need to take appropriate action
to end Scott Countys policy of discrimination against the husband and father
in this divorce case. If I run into trouble I get beat up. Why isn't sere-
body charging my ex with criminal negligence? There needs to be a tradeoff.
I'm providing all the support bed taking action to prevent abuse and negligence
and somebody needs to start telling the court system they need to drop charges
against me and get off my back. I want an end to the discrimination going en
here in Scott County. I'm not going to tolerate Scott County's recklessness
and negligence when it comes to ny family.
Sincerely,
George Realander
October 13, 1990
George }saiani r
206 Main Street
Shakopee, Minnesota 55379
iicnaid Swanson
tcrncy at Law
fJ Box 85
Chaska, Minnesota 55318
! y child, Jess, was victimized by his mother and her roommate by refusal to ad-
minister medication. The Shakopee Police refused to visit the residence a%xd re-
fused to enforce iry request -LI' ensure the child receive his redication. They
ignored a medical emergency. My child was suffering. Asthma can result in
death if not properly treated.
I want my ex, her roommate, and the Shakopee Police charged with child abuse
and nagliGence.
Sincerely,
George Realander
October 19, 1990
/ tfl
George Realander
206 again Street
Shakoree, Minnesota 55379
Peace Officers Standards &
Training Board
Department Of public Safety
16C0 University Avenue
Suite 200
St Paul, Minnesota 55104
On Monday, October 8th, I reported a medical emergency to the Scott Ceunty
Sheriffs e'.!'errgency nunter. ity twelve year old son, Jess, had called me and
reported that his mother refused to administer medication for asthma. He
was barely able to talk, he was having difficulty breathing, end he was ',Thin-
leg. The Shake/eel Police called me back after speaking to my ex. I talked to
Officer Coleman. Since he did not respond to an emergency by going to the
residence I contacted the Sheriffs number again to request supervisor intee-
veaion. An hour later my son called me back after he had been given medicrt-
ien and hn was o.k.
T feel the local authorities should be cited in this instance. Aethma can
cause death. A life threatening medical emergency was :duffed off. Since
local .authoritee no longer wish to cooperate with re I feel a ccr!plaint Is
In order. I have referred this to local authorities and to Steve Vonderhaar
at State Department of Human Services.
The local police system is discriminating on the basis that if my ex and her
reoeea.te commit a violation like child abuse and neglect they de not get
charged while If I unintentionally trip up I get charged with violations
and. run through the criminal justice system.
As a forcer military police investigator I am concerned about these matters
and I request that the State take measures to stop police harassment, discrim-
i.naeion, and negligence in this community against rre.
Sincerely,
;e ore Realander.
� z•I
4<S .,i„o. Minnesota Board
4 • yh' 1600 University Avenue
L of Peace Officer Suite 200
St. Paul, MN 55104-3825
1 . .`; ,.E
;t _.�y (612) 643-3060
. ,.rzmt�� Standards and Training
/ V
October 24 , 1990
Mr. George Realander
206 Main Street
Shakopee, MN 55379
Dear Mr. Realander:
I am in receipt of your letter dated October 19, 1990, concerning
the actions of an officer employed by the Shakopee Police
Department. I have reviewed the letter and determined that the
allegations contained within do not fall under the jurisdiction of
the Board of Peace Officer Standards and Training (POST) .
The investigation and resolution of allegations of police
misconduct should be addressed at the local or agency level. Minn.
R. 6700. 2200 states that all law enforcement agencies in Minnesota
must have written procedures in place for the investigation and
resolution of allegations of misconduct. Furthermore, these
procedures must be made available to the public upon request.
If you wish to pursue this matter, I suggest you file a complaint
directly with the Shakopee Police Department, the Shakopee City
Attorney, or the Shakopee City Council . I will be forwarding a copy
of the letter you sent to the POST Board to the Chief of the
Shakopee Police Department for his consideration.
If you have any questions, please call.
Sincerely,
William i Carter, 3I / ;`
Exec t' 6 lire• to / /
Z/ /
' - t,e. . , /;71.
By: Geo ge P. Wee1, Jr./
Standards Covrdinatof
GPW: sf
AN EQUAL OPPORTUNITY EMPLOYER
TENTATIVE AGENDA
REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 6, 1990
Mayor Gary Laurent presiding
1] Roll Call at 8:00 P.M. - after the polls close
2] Approval of Agenda
3] Resolution of Appreciation to Dennis R. Anderson - No. 3300
4] Recess for H.R.A. Meeting
5] Re-convene
6] Liaison Reports from Councilmembers
7] Mayor's Report
8] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS
9] 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. )
10] Approval of Minutes of October 9, 1990
*11] Approval of Minutes of October 16, 1990
121 Approval of Minutes of October 24, 1990
13] Communications:
* a] M. C. Anderson re: compliment to Chief of Police
b] Jane Hansen re: recommendation to County for appointment
of Managers to Prior Lake/Spring Lake Watershed District
14] Public Hearings - None
15] Building Code Board of Adjustments and Appeals:
a] Council Hearing on Cole Van Horn Appeal - tabled 10/16/90
16] Reports from Staff:
a] 8:30 PM - Awarding Sale of $1, 930, 000 GO Improvement Bonds
b] 1991 Park and Recreation Department Staffing
c] Premium Only Cafeteria Benefits Program
d] Vacation Request by Officer Ron Carlson
TENTATIVE AGENDA
November 6 , 1990
Page -2-
16] Reports from Staff continued:
e] Southwest Metro Task Force Joint Powers Agreement - Res.
No. 3303
f] Huber Park Fence
*g] Buy Back of Police Holiday Time
*h] 5th Avenue Project - (OSM Contract Extension)
i] Alley at 827 Spencer - informational
j ] January, 1991 Council Meeting Dates
k] Boards and Commissions Expiring Terms
*1] Request for Deferment of Special Assessments
*m] Farm Lease for 1991
n] Status of Part Time Custodian
o] Approval of Bills in Amount of $123 , 150. 43
P] Building Department - 1991 Budget
17] Resolutions and Ordinances:
a] Res. No. 3304 , Ordering Condemnation Proceedings for
the 5th Avenue Project, No. 1989-4
b] Res. No. 3302 , Amending Res. 3159 , Adopting the 1990
Budget
18] Other Business:
a]
b]
c]
d]
19] Adjourn to Tuesday, November 20 , 1990 at 7 : 00 P.M.
Dennis R. Kraft
City Administrator
TENTATIVE AGENDA
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF SHAKOPEE, MINNESOTA
Regular Meeting November 6, 1990
1 . Roll Call at 8 : 00 P.M.
2 . Approval of the October 9, 1990 Meeting Minutes
3 . Other Business
a)
b)
4 . Adjourn
Dennis R. Kraft
Executive Director
OFFICIAL PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY
REGULAR MEETING SHAKOPEE, MINNESOTA OCTOBER 9 , 1990
Co-Chairman Zak called the meeting to order at 7 : 05 p.m. with
Commissioner Sweeney and Clay present. Also present were Mayor
Laurent, Dennis Kraft, City Administrator; Barry Stock, Asst. City
Administrator; Dave Hutton, City Engineer; Karen Marty, City
Attorney; Gregg Voxland, City Finance Director; Lindberg Ekola,
City Planner; and Judith S . Cox, City Clerk.
Sweeney/Clay moved to approve the minutes of September 4 , 1990 ,
Motion carried unanimously.
Barry Stock reviewed the issue of the sale of Lots 8-10, Block 7 .
He said they advertised and did not receive any bids. They did
advertise at the minimum bid of $30, 000 . Discussion ensued on
whether or not to advertise again without the minimum bid.
Clay/Sweeney moved to advertise for bids on Lots 8-10, Block 7 , for
4 weeks in the legal notice section and one separate display add
during one of those weeks with no minimum bid with the City
retaining the right to reject any bids. Motion carried
unanimously.
Clay/Sweeney moved to adjourn. Motion carried unanimously.
Meeting adjourned at 7 : 15 p.m.
Dennis Kraft,
City Administrator
Carol Schultz
Recording Secretary
/D
OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL
REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 9 , 1990
Mayor Laurent called the meeting to order with Cncl . Clay, Sweeney,
and Zak present. Cncl . Wampach arrived at 7 : 57 p.m.
Cncl . Vierling was absent. Also present were Dennis Kraft, City
Administrator; Barry Stock, Asst. City Administrator; Dave Hutton,
City Engineer, Lindberg Ekola, City Planner, Gregg Voxland, Finance
Director, Karen Marty, City Attorney and Judith S. Cox, City Clerk.
The following items were added to the agenda:
15a. Political Campaign Sign Issue
15b. Deans Lake No Hunting Issue
Sweeney/Zak moved to approve the agenda as amended. Motion carried
unanimously.
Mayor recessed for Housing and Redevelopment Authority Meeting at
7 : 05 p.m.
Mayor Laurent called the City Council back to order at 7 : 15 p.m.
Liaison reports were given by Councilmembers.
Mayor Laurent gave the Mayor' s report.
Mayor Laurent asked if there was anyone from the audience who
wished to address anything not on the agenda. There was no
response.
Sweeney/Clay moved to approve the consent business. Motion carried
unanimously.
Sweeney/Clay moved to approve the minutes of September 4 , 11, and
18th, 1990. (Motion approved under consent business) .
Sweeney/Clay moved to receive and file the letter from Paul and
Geraldine Schmitz advising that they select Alternative No. 2 in
the Bypass Agreement; the City will pay an amount of $20 , 000 to Mr.
and Mrs. Schmitz when construction commences for that phase of the
Shakopee bypass which is in the vicinity of the Schmitz home.
(Motion approved under consent business) .
Sweeney/Clay moved to refer the letter dated October 2 , 1990 from
Ted Jasper regarding sale of property on Dakota Street to staff for
review and analysis and to report back to the City Council .
(Motion approved under consent business) .
Mayor Laurent opened the public hearing on Appeal of Planning
Commission ' s condition for a conditional use permit for a chapel in
an R-i zone, CC-597 .
Proceeding of the October 9 , 1990
City Council Page -2-
The City Planner reviewed the six conditions that were approved by
the Planning Commission on a request for a chapel in a single
family residence. Condition No. 6 requires the paving of the
driveway. He explained that the owners are saying that the traffic
will not increase as only five people will be allowed at a time in
the chapel and services will be held only once per week. They feel
the traffic impact will not be increased with the operation of the
chapel . They would like to have condition No. 6 deleted because
they feel it would not be necessary at this time.
Vicki King, 1723 County Road 18 , said that she feels this chapel
should follow all the same restrictions as a church would have to
follow. She was wondering what type of situation this will become
in another year.
Melanie Kahieck, Chairman of the Planning Commission, said that the
one concern that this Planning Commission has is a policy where the
paving of driveways is required for conditional use permits for
businesses inside peoples homes. They would like to require this
to be put in the ordinance but as of now there is nothing in the
ordinance to require it.
Mayor Laurent asked if there was anyone else from the audience who
wished to address this issue. There was no response.
Mayor Laurent closed the public hearing at 7 : 45 p.m.
Sweeney/Clay moved to delete Condition No. 6 from Conditional Use
Permit Resolution No. 597, chapel in a residence at 8708 Boiling
Springs Lane, "The access driveway to the required parking areas
must be paved prior to the release of the conditional use permit" . .
Motion carried with Cncl . Zak opposed.
Mayor Laurent opened the public hearing on the proposed assessments
for roadway improvements to Killarney Hills, Project No. 1989-7 .
The City Engineer said the Killarney Hills project has essentially
been completed and the hearing tonight is on the proposed
assessments. He reviewed how the assessments were decided. The
following policies were followed by the Council at the last public
hearing. The existing paved portion of Tyrone Drive will be
assessed 50% . The portion of Tyrone Drive where there was no
pavement the assessment will be 100%. There was a total of
$99 , 243 . 00 assessed for this project.
Cecil Clay, representing his son, Ross Clay, said his son had a
concern on selling his property and where the proposed highway will
be in relation to his lot. He is also concerned about what the
assessment might to do his chances of selling.
/
Proceedings of the October 9 , 1990
City Council Page -3-
Receipt of a letter from Mr. Ross Clay opposing the assessment was
acknowledged by the City Engineer.
Cncl . Wampach arrived and took his seat at 7 : 57 p.m.
Jim Greenwood, 1485 Tyrone Drive, asked what the chances of street
lights going in out there were. Dave Hutton said he would have to
talk to SPUC or Mn Valley Coop. He said typically the developer is
responsible for putting street lights in. The normal approach at
this point would be for resident to petition the City Council ; and
that they will be assessed 100% to the property owners.
Todd Bladow, 1456 Sharon Parkway, had a question on the park in
this area and whether or not the City will keep it mowed. Dave
Hutton replied that the City will keep it up.
Roger Sames, 1459 Sharon Parkway, said during the construction his
phone line was cut and he got a bill for $62 . 00 for repair. Dave
Hutton told him to submit it to the contractor. The contractor is
responsible for any damage done.
Mayor Laurent closed the public hearing at 8 : 10 p.m.
Zak/Clay moved to offer Resolution No. 3292 , A Resolution Adopting
the Assessments for the Killarney Hills Project No. 1989-7 , and
moved for its adoption. Motion carried unanimously.
Sweeney/Wampach moved to table the Appeal by Cole Van Horn to
October 16, 1990, as requested by all parties. Motion carried
unanimously.
Sweeney/Zak moved to refer the matter regarding the Valley
Industrial Boulevard North overhead utility lines to SPUC and the
Community Development Commission for review.
Motion carried unanimously.
Sweeney/Clay moved to offer Resolution No. 3291, A Resolution
Requesting the State of Minnesota to Require U.S . West to Collect
the Used Telephone Books That They Distribute in the State of
Minnesota for Delivery/Sale to Markets for Recycling, and moved its
adoption. (Motion approved under consent business) .
Sweeney/Clay moved to approve Van Pool Policy No. 22 , as amended,
which makes the licensing requirements for Vanpool Drivers
consistent with State Statute. (Motion approved under consent
business) .
Barry Stock reviewed the Recycling Credit alternatives.
Sweeney/Clay moved to direct the appropriate City Officials to
provide for a one-time recycling credit on the SPUC bill for
Proceedings of the October 9 , 1990
City Council Page -4-
Shakopee refuse customers in the amount of $13 . 68 . Motion carried
unanimously.
Mayor Laurent asked to abstain from any discussion regarding the
Decorative Street Lighting policy proposed by Lou Van Hout, SPUC
Manager. He excused himself from the Council table and appointed
Steve Clay as Mayor Pro tem. The City Planner stated that it is
being suggested that decorative street lighting be limited to areas
that have already been platted and that a home owners association
or developer be involved in this policy.
Sweeney/Wampach offered Resolution No. 3298 , A Resolution Adopting
a Policy for the City of Shakopee for Decorative Street Lighting,
and moved its adoption. Motion carried with all members voting
favorably and with Mayor Laurent abstaining.
Mr. Clay called a 10 minutes recess at 8 : 30 p.m.
Mayor Laurent called the meeting back to order at 8 : 40 p.m.
Zak/Wampach moved to table Park Dedication Fee on replats to the
October 16, 1990 , agenda. Motion carried unanimously.
Zak/Wampach moved to table the 1991 budget Recreation service
revenues to October 16, 1990 . Motion carried unanimously.
Mr. Voxland identified alternatives to provide special assessment
relief to low income property owners. He explained that
assessments could be spread over 15 to 20 years instead of 10
years; interest rates could be lowered or assessments could be
deferred. He explained that the assessments policy would have to
be amended. Mr. Sweeney stated that the scope of the public
improvements could possibly be reduced. The City Engineer
recommended addressing each project as it is discussed. Cncl .
Wampach felt that it should be left status quo. Council decided
not to make changes to the current assessment policy.
The Finance Director explained that if the racetrack TIF Bonds were
refunded, the City would give up the guarantees for payment by the
original owners. He explained that the potential for loss was
greater than the savings and recommended against it.
Sweeney/Clay moved to reconsider the motion of September 18th,
Authorizing preparation of documents setting the sale on $4 . 2
million refunding bonds for the track. Motion carried unanimously.
Sweeney/Clay moved to direct staff to pursue the refunding the
original track TIF bonds. Motion fails unanimously.
ro
Proceedings of the October 9, 1990
City Council Page -5-
Wampach/Zak moved to table the matter of payment of special
assessment balance on the city property until October 16, 1990 .
Motion carried unanimously.
Gregg Voxland reviewed the issue of defeasing the 1986A GO TIF
bonds by depositing funds with an escrow agent.
Sweeney/Clay moved to direct staff to begin the process for
defeasing the 1986A GO TIF bonds. Motion carried unanimously.
Sweeney/Clay moved to authorize the proper City Officials to
execute an assessment agreement between the City of Shakopee and
the County of Scott for the assessment of the property in Shakopee
for the 1991 assessment year in the amount of $27 , 300. 00 . (Motion
approved under consent business) .
Sweeney/Clay moved to accept the resignation of Dennis Anderson as
Sergeant with the Shakopee Police Department effective October 1,
1990, with regrets, and directed staff to prepare a resolution of
appreciation for Council consideration. (Motion approved under
consent business) .
Zak/Sweeney moved to authorize hiring Robert Forberg as patrolman
for the Shakopee Police Department at $2 , 345. 74/month (After 12
months - 80% of Top Patrol Rate) of the 1990 Police Officers Union
Contract subject to the customary 12 months probationary period and
contingent to satisfactory completion of pre-employment medical and
psychological testing. Motion carried unanimously.
Sweeney/Clay moved to authorize the appropriate City Officials to
buy back 88 . 0 hours of earned, but unused Holiday time from Sgt.
Jerry Poole at his current rate of pay of $19 . 88/hr. (Motion
approved under consent business) .
Sweeney/Wampach moved to authorize advertisements for hiring of a
legal secretary with a salary range of $17 , 673 . 00 to $24 , 138 . 00 per
year. Motion carried unanimously.
The Council received a summary from the City Attorney summarizing
her understanding of her role as City Attorney at City Council
meetings and her relationship with Krass & Monroe, Julius A.
Coller, and Shakopee Public Utilities Commission. Council
discussed billing SPUC for the time the City Attorney spends on
matters for them.
The City Engineer reviewed the issue of the Huber Park Fill area .
He said he has received correspondence regarding this issue in the
practices of the City' s placing fill material from the street
projects in the Huber Park area.
Proceedings of the October 9 , 1990
City Council Page -6-
Rich Anderson, 120 Main Street, said this has been going on a long
time and he feels it is unfair to him because he lives right across
from the fill area. It is very noisy for his family and it looks
dirty and is very messy. He would like to see a no dumping sign
put up along the road. Cncl. Sweeney asked if it would be feasible
to put up a board fence along his property line perhaps with some
evergreens planted in between. The City Engineer said he would
recommend putting up the usual road barricade and the city crews
can address that concern and put up fences or trees as recommended.
Sweeney/Clay moved continue the practice of allowing contractors to
utilize the Huber Park fill area for excess material from the
street projects with the conditions as outlined in the memo from
Dave Hutton, dated October 4 , 1990 (DOC NO. 179) ; and with the
addition of a sixth condition making a visual barrier fence with
some evergreens along the western edge of Mr. Anderson' s property.
Motion carried unanimously.
Wampach/Sweeney moved to approve payments of $75. 00 to Charles Ries
and $25. 00 to Dave Judd as remuneration for work performed in
conjunction with the FMG/Tsumura Project. Motion carried
unanimously.
Wampach/Zak moved to offer Resolution No. 3299, A Resolution of the
City of Shakopee, Minnesota, Establishing a Policy Relating to
Payment of Fees for Fire Marshall Related Inspections, and moved
its adoption. Motion carried unanimously.
Clay/Wampach moved to approve the bills in the amount of
$258 , 593 . 86 . Motion carried unanimously.
Sweeney/Clay moved to offer Resolution No. 3290 , A Resolution
Certifying Delinquent Storm Drainage Utility Bills for Collection
on the Tax Rolls Payable 1991, and moved its adoption. (Motion
approved under consent business) .
Sweeney/Clay moved to offer Resolution No. 3293 , A Resolution
Accepting Bids on the Sidewalk Replacement Program, Project No.
1990-i1, and moved for its adoption. (Motion approved under
consent business) .
Sweeney/Clay moved to approve the contingency in the amount of 5%
of the bid for use by the Project Administrator in authorizing
change orders on this project. (Motion approved under consent
business) .
Sweeney/Clay moved to offer Resolution No. 3294 , A Resolution
Authorizing the City of Shakopee to Execute Supplement No. 1 to
Agreement No. 66333 (which cancels Agreement No. 6633) 1 With the
Minnesota Department of Transportation for the Upper Valley
Drainage Project 1987-5A from 4th Avenue to the Minnesota River
( 0
Proceedings of the October 9 , 1990
City Council Page -7-
(Millpond) , and moved for its adoption. (Motion approved under
consent business) .
Sweeney/Clay moved to authorize the appropriate City officials to
execute Supplemental No. 1 to Agreement No. 66333 . (Motion
approved under consent business) .
Sweeney/Clay moved to offer Resolution No. 3284 A Resolution
Authorizing Issuance and Sale of $1, 930, 000 General Obligation
Improvement Bonds, Series 1990A, and moved for its adoption.
(Motion approved under consent business) .
Sweeney/Clay moved to offer Resolution No. 3295, A Resolution
Ordering the Preparation of a Report on an Improvement to 2nd
Avenue from Spencer Street to Naumkeag Street, and moved for its
adoption. (Motion approved under consent business) .
Sweeney/Clay moved to approve Resolution No. 3296, A Resolution
Ordering the Preparation of a Report on an Improvement to
Jackson/Harrison Streets Between 11th Avenue and 12th Avenue, and
moved for its adoption (Motion approved under consent business) .
Sweeney/Clay moved to offer Resolution No. 3297 , A Resolution
Ordering the Preparation of a Report on an Improvement to Shumway
Street, 3rd Avenue to 6th Avenue and Scott Street, 6th Avenue to
7th Avenue, and moved for its adoption. (Motion approved under
consent business) .
Clay/Sweeney moved to offer Ordinance No. 293 , An Ordinance of the
City of Shakopee, Minnesota, Amending Section 2 . 02 of the Shakopee
City Code, Council Meetings, by Adding Provisions for Rescheduling
of Regular Meetings, and moved for its adoption. Motion carried
unanimously.
Sweeney/Clay moved to offer Ordinance No. 294, An Ordinance of the
City of Shakopee, Minnesota, Amending Section 2 . 05 of the City
Code, City Administrator, Subd. S.H. , relating to the Duties of the
City Administrator in Regards to Purchases, and moved for its
adoption (Motion approved under consent business) .
Sweeney/Clay moved to offer Ordinance No. 295, An Ordinance of the
City of Shakopee, Minnesota, Amending Section 2 . 33 of the Shakopee
City Code, Legal Department, by Adding New Language Relating to
Making Non-substantive Changes in Ordinances, and moved for its
adoption. Motion carried unanimously.
Sweeney/Clay moved to offer Ordinance No. 296, An Ordinance of the
City of Shakopee, Minnesota, Amending Section 5 . 40 of the City
Code, On-Sale Wine License, Subd. 3 . D. , by Adding Language Relating
to Bed and Breakfast Facilities, and moved its adoption. (Motion
approved under consent business) .
Proceedings of the October 9, 1990
City Council Page -8-
Cncl . Zak brought up the issue of political campaign signs that are
going up all over the City. He said he would like to see them
banned from the City. The City Attorney replied that it is not
legal to ban political signs from private lawns, however, the City
has the right to disallow them on the City' s boulevards. The City
Attorney said the City Ordinance does allow for signs on the City
boulevard now and that would have to be addressed at a later time
after the election.
Cncl. Zak brought up the issue that there has been hunters around
Deans Lake and that is a private area where No Hunting is allowed.
There is an Ordinance in the City code which prohibits the
discharge of firearms within the City limits.
Sweeney/Zak moved to recommend the City re-advertise in the paper
that the City Code prohibits shooting of firearms within the City
limits and outline the limits. Motion carried unanimously.
Mayor Laurent adjourned the meeting at 9 : 55 p.m. to October 16,
1990 at 7 : 00 p.m.
i
1��tk (74
u
J dith S. Cox
City Clerk
Carol L. Schultz
Recording Secretary
OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL
ADJ. REG. SESSION SHAKOPEE, MINNESOTA OCTOBER 16 , 1990
Mayor Laurent called the meeting to order at 7 : 00 p.m. with Cncl .
Zak, Vierling, Clay, Wampach and Sweeney present. Also present
were Dennis Kraft, City Administrator; Barry Stock, Asst. City
Administrator; Dave Hutton, City Engineer; Gregg Voxland, Finance
Director; Karen Marty, City Attorney, Lindberg Ekola, City Planner;
and Judith Cox, City Clerk.
Mayor Laurent read the City' s Non-Discrimination Policy.
The following items were added to the agenda:
13b - Referral of the issue of mining operations in
the industrial zone to the Planning Commission.
13c - Progress of City Hall.
Sweeney/Wampach moved to approve the agenda as amended. Motion
carried unanimously.
Susan Turbes from Minnegasco presented the City with a plaque which
marks the 50th year that the City of Shakopee piped in for Natural
Gas. Minnegasco has donated a tree to be put up next to the
Library.
Liaison reports were given by the Councilmembers.
Mayor Laurent gave his report.
Mayor Laurent asked if there was anyone from the audience who
wished to address anything not on the agenda. There was no
response.
Wampach/Vierling moved to approve the consent business. Motion
carried unanimously.
Dave Hutton reviewed the issue of the railroad depot acquisition.
He said that staff is recommending against condemning the depot
property, but that the eminent domain procedures not be
discontinued because other railroad property could be utilized. He
reviewed the alternatives available to the City to provide two way
traffic on 2nd Avenue West of Atwood. One is to eliminate the node
on the corner of 2nd and Atwood so as to facilitate two way traffic
better. A second alternative would be to build the street through
North of the depot which would allow the area to be developed and
traffic move more smoothly onto Scott Street. Cncl . Vierling said
she would like to see the City preserve that area. Mr. Rod Krass
was present and addressed the issues of the cost of the acquisition
of the building and the building of the road. The issue of whether
or not the railroad could be assessed was raised and direction was
to have City look into that possibility since the railroad depot is
no longer used as a transportation building it may be able to be
Proceedings of the October 16, 1990
City Council Page -2-
assessed. Cncl. Sweeney said if the railroad depot could not be
assessed then he would not be in favor of assessing the taxpayers.
Vierling/Zak moved to direct staff to revise the feasibility report
on 2nd Avenue to include constructing the street around the depot
and re-submit the report to Council for further discussion. Motion
carried unanimously.
Sweeney/Vierling moved to accept the appraised value of the depot
building and land of $84, 000 and direct legal counsel to proceed
with eminent domain. Motion fails with Mayor Laurent and Cncl .
Wampach in favor.
Sweeney/Zak moved to direct legal counsel to discontinue eminent
domain proceedings to acquire the depot building. Motion carried
unanimously.
Sweeney/Clay moved to receive and file the letter from Bob Long in
reference to the City joining an environmental cities group.
Motion carried with Cncl. Vierling opposed.
Mayor Laurent reopened the public hearing on the proposed
improvements to 5th Avenue between Fillmore and Market. Dave
Hutton said the hearing was continued to allow staff to notify a
few of the residents who were not notified the first time of the
public hearing. Staff notified approximately 8 additional property
owners. With the addition of those few homes the assessment of the
sewer and water did go down. Mayor Laurent asked if there was
anyone from the audience who wished to address this issue.
Calvin TenEyck addressed the Council saying that he felt option 4
would give everyone what they need without building the road all
the way through. Gene Brown owns property on one side and he
wishes to develop his property and cannot do that without a road
frontage. Cncl . Zak asked the City Engineer to speak on option 4 .
Dave Hutton said option 1 is the only option that makes all the
improvements to the area. There are a lot of other options that
would also serve and are feasible but would not complete all the
improvements to the area. Option 4 would not allow for future
development because it does not build a street between Fillmore and
Main. Mayor Laurent closed the public hearing at 8 : 30 p.m.
Cncl . Sweeney said that he would like Council to look into the
chance of assessing only the net cost of the improvement. Because
of the size of the assessment, it would be very difficult for Mrs.
TenEyck to profit at all from the sale of the property after
improvements are in.
Sweeney/Vierling moved to offer Resolution No. 3283 , A Resolution
Ordering an Improvement and the Preparation of Plans and
Specifications for 5th Avenue Between Spencer Street and Market
if
Proceedings of the October 16, 1990
City Council Page -3-
Street, Market Street from 4th Avenue to 7th Avenue and Main Street
from 6th Avenue to 5th Avenue, Project No. 1989-4 , and moved its
adoption. Motion carried with Cncl. Zak opposed.
Sweeney/Vierling moved to direct staff to proceed to construct a
net assessment agreement with the TenEycks. Motion carried
unanimously.
Mayor Laurent called a 15 minute recess at 8 : 35 p.m.
Mayor Laurent reconvened to City Council at 8: 50 p.m.
Sweeney/Vierling moved to remove from table the Cole Van Horn
appeal. Motion carried unanimously.
Sweeney/Vierling moved to table the Cole Van Horn appeal to the
November 6, 1990 meeting. Motion carried unanimously.
Clay/Wampach moved to concur with the Planning Commission
recommendation to hold a public hearing and authorize the Planning
Commission to hold the hearing on Thursday, December 6, 1990
(proposed moratorium for public facilities) . Motion carried
unanimously.
Leo Pink, representing the Knights of Columbus, said he had a
concern on the motion that 90% of their net earnings from the sale
of pull tabs being spent within the City of Shakopee because he
said they have national commitments as well . He would like more
time to review this issue.
Sweeney/Vierling moved to table the draft gambling regulations to
allow the other organizations more time to review this proposal .
Motion carried unanimously.
Cncl. Clay said he has a concern on the amount of time the City
will be spending reviewing and monitoring reports and he would like
to see the City demonstrate the need for going to that type of
expense. Cncl. Zak said he also questions the feasibility of this
type of ordinance. The City Clerk said she feels that taking the
time to see if the 90% figure is the one that will work for all the
organizations involved is a good idea. She does not see that staff
will be spending a lot of time reviewing reports. She does feel
that they should be on hand. She said she recommends that we come
up with some new language that is consistent with State Law.
Sweeney/Clay moved to direct the City Staff to take appropriate
action on amending the subdivision regulations (regarding park
dedication fees) . Motion carried unanimously.
Wampach/Vierling moved to direct staff to pay off special
assessment balances on City owned property in the amount of
Proceedings of the October 16, 1990
City Council Page -4-
$41, 869 . 84 using the Capital Improvement Fund. (Motion approved
under consent business) .
Clay/Vierling moved to remove from table the 1991 Budget Recreation
Service Revenues. Motion carried unanimously.
Cncl . Clay said that at the Recreation Board meeting they discussed
the raising of the service fees for non-residents. They estimate
that 10% of the participants are non-residents. He said they
thought of charging a one time fee for non-residents of $50. 00 per
family and then just charge the normal participation fee for
activities or charge $25 . 00 per activity, whichever the participant
prefers. Discussion ensued on whether or not an extra fee should
be charged to non-residents. Cncl. Vierling suggested that the
townships be given the opportunity to contribute. This would be
passed onto residents as a tax, which is deductible. Cncl .
Vierling suggested having a joint meeting with the townships to
discuss how they may best be served.
Vierling/Sweeney moved that the City have a joint meeting with the
townships to discuss service fees for non-residents who participate
in Community Recreation activities. Motion carried with Cncl . Clay
opposed.
Sweeney/Clay moved to direct Gregg Voxland to amend the 1991
estimated projection of income from recreational services by
reducing the $20, 000 to $2 , 500 for non-resident fees. Motion
carried unanimously.
Wampach/Vierling moved to authorize staff to advertise for bids to
obtain a vendor to tow and store vehicles for a two year period
commencing January 1, 1991. (Approved under consent business) .
Julius Coller addressed the Council saying that he greatly
appreciated the retirement party that the Council put on for him.
Wampach/Vierling moved to approve the bills in the amount of
$365, 448 . 48 . Motion carried unanimously.
Discussion ensued on the 1991 General Fund Budget. Gregg Voxland
said that Council has taken action to reduce the fund balance to
30% . He said 25% would enable the City to maintain the needed cash
flow.
Vierling/Clay moved to target a 25% fund balance at the end of the
year and transfer excess funds over 25% to the capital equipment
fund. Motion carried unanimously.
Clay/Zak moved to direct staff to review and make a recommendation
on what the storm drainage rates should be for next year. Motion
carried unanimously.
! f
Proceedings of the October 16, 1990
City Council Page -5-
Wampach/Vierling moved to direct staff to proceed with calling the
1985A GO Sewer Revenue Bonds for payment February 1, 1991. (Motion
carried under consent business) .
Sweeney/Zak moved to offer Ordinance No. 298 , An Ordinance of the
City of Shakopee Amending Chapter 10 of the Shakopee City Code,
Public Protection, Crimes and Offenses, Section 10. 21 Thereof, Dog,
Cat and Domestic Animal Regulation and Licensing, by Repealing
Ordinance No. 285 , Fourth Series and Enacting New Provisions
Relating to Animals to Running at Large and Nuisances, and moved
its adoption. Motion carried unanimously.
Wampach/Vierling moved to offer Resolution No. 3301, A Resolution
Appointing Judges of Election and Establishing Compensation, and
moved its adoption. (Motion approved under consent business) .
Vierling/Sweeney moved to change the meeting time of the November
6, 1991 City Council Meeting from 7 : 00 p.m. to 8 : 00 p.m. Motion
carried unanimously.
Vierling/Sweeney directed the Planning Commission to take a look at
putting mineral extraction permits in the Industrial Zones as
opposed to the Agricultural Zones. Motion carried unanimously.
Cncl. Zak asked how the City Hall issue was progressing. Dennis
Kraft replied that the Council appointed a committee to negotiate
the purchase of the bank and that an appraiser has been hired by
the City and that a report on asbestos within the bank has been
delivered to our appraiser.
Sweeney/Clay moved to adjourn. Motion carried unanimously.
Meeting adjourned at 10 : 15 p.m.
iltk
Judith S. Cox
City Clerk
Carol L. Schultz
Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
SPECIAL SESSION SHAKOPEE, MINNESOTA OCTOBER 24 , 1990
Mayor Gary Laurent called the meeting to order at 5: 00 P.M. with
Councilmembers Joe Zak, Gloria Vierling, and Steve Clay present.
Councilmembers Jerry Wampach and Robert Sweeney were absent. Also
present were Dennis R, Kraft, City Administrator; Dave Hutton,
Public Works Director; and Judith S. Cox, City Clerk.
Clay/Vierling moved to accept the special call of the Mayor.
Motion carried unanimously.
Mr. Hutton explained that Ramar Construction, Inc. was awarded the
contract for the first phase of work on the T.H. 169 Bridge and
Minibypass. He explained that they wished to haul fill to the job
site during evening and early morning hours to minimize the
disruption of traffic on T.H. 169 . He explained that the city
noise regulations preclude construction activities between 10 : 00
P.M. and 7 : 00 A.M. and that they are requesting a variance from the
noise regulations. Discussion followed.
Vierling/Clay moved to suspend Subparagraph D of Section 10 . 60 ,
Subdivision 3 of the Shakopee City Code for the purposes of
allowing Mn/DOT and their contractor, Ramar Construction, to haul
fill material for the embankment on the north side of the river for
the new T.H. 169 Bridge between the hours of 10 : 00 P.M. and 7 : 00
A.M. during the period from October 24 , 1990 through December 31,
1991. Motion carried unanimously.
Councilmembers received an informational memo from the Finance
Director informing them that the County Auditor under levied for
the City of Shakopee by $21, 000 . This means that the taxes
actually levied for the City were $21, 000 less than Council had set
for the tax levy for pay 1990 .
Clay/Vierling moved to adjourn. Motion carried unanimously.
Meeting adjourned at 5: 17 P.M.
Judith S. Cox
City Clerk
Recording Secretary
'^( = n��1III1� Me MM/� /3a
1438 Maras Street
Shakopee, MN 55379
eo (612) 445-9222
•RECOVF!.
T 2 '19sG.
CITYCSF kiAKOPEE
October 25, 1990
City of Shakopee
129 East 1st Avenue
Shakopee, MN 55379
To Whom it May Concern:
I am writing to inform you of the great service that I
received recently from your Chief of Police, Tom Steininger.
I had an issue that needed to be delt with and was plesantly
suprised to the response time. I commend you Chief of Police.
Sincerely,
M. C. Anderson
Recommended Action:
Acknowledge the letter dated October 25 , 1990 from M.C .
Anderson and direct that it be placed in the personnel file
of Chief of Police Tom Steininger.
l D
October 17, 1990
To: All Government Jurisdictions in the Prior Lake/Spring Lake
Watershed District - Cities of Savage, Shakopee and Prior Lake; Spring
Lake Township, Sand Creek Township
•
From: Jane F. Hansen
Scott County R ording Secretary
Subject: Appointment of Managers to Prior Lake/Spring Lake Watershed District
Pursuant to Minnesota Statute 112.42 and the Scott County policy on Citizen
Appointments to Scott County Advisory Boards and Committees (Resolution No.
89030 adopted April 11, 1989) , the Board of Commissioners of Scott County is
requesting your nominations for the appointment of two Managers to the Prior
Lake/Spring Lake Watershed District.
Mr. Andrew Franklin has submitted his resignation from the Board, effective
immediately. The Board has accepted that resignation, and a replacement is
being sought to fill the interim vacancy until March 3, 1991, when
Mr. Franklin's term would have expired. At that time, an appointment will be
needed to fill the three-year term from March 3, 1991, through March 3, 1994.
In addition, the three-year term of Mr. Ron Kroyer expires on March 3, 1991.
Mr. Kroyer is eligible for reappointment but has indicated that he is not
interested in continuing to serve.
In accordance with Minnesota Statute 112.42, no person shall be appointed who
is not a voting resident of the watershed district, and none shall be a public
officer of the County, State or Federal government, except that a soil and
water conservation district supervisor may be appointed as a manager.
The Board of Commissioners requests that you submit your recommendations for
the interim appointment as soon as possible and no later than November 19,
1990. If it would be convenient, please include your recommendations for the
two three-year terms to be filled effective March 3, 1991.
Please contact your Commissioner, or submit your recommendation to the County
Administrator's Office.
Thank you.
c: Chairman of the Board
PL/SL Watershed District Liaison
Co. Attorney
Co. Administrator
File: PL/SL Watershed District
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MEMO TO: Honorable Mayor and City Council
FROM: Dennis R. Kraft, City Administrator
RE: Cole VanHorn Appeal
DATE: November 2 , 1990
I have had an opportunity to meet with Mr. VanHorn and the problems
relating to the construction of his house have been resolved to our
mutual satisfaction. Therefore Mr. VanHorn has informed me that he
wishes to withdraw his appeal. City Council does not need to take
any further action on this matter.
TRW\DRK\horn
TO: Dennis R. Kraft, City Administrator
FROM: Gregg Voxland, Finance Director
RE: Resolution No. 3306 Awarding Bond Sale for $1,930,000 GO IMP Bonds 1990A
DATE: November 2, 1990
Introduction
Council has set the sale of improvement bonds for 1990 November 6, 1990.
Background
Council has set the sale of bonds to finance various projects for November
6, 1990. Springsted will be at the meeting to review the bids and have the
documents to award the sale of the bonds. Attached is a draft of the awarding
resolution prepared by bond counsel.
Alternatives
1. Award the sale of the bonds.
2. Reject the bids.
Recommendation
Follow Springsted's recommendation.
Action Requested
Assuming the bids are acceptable;
Offer Resolution No. 3306 A Resolution Authorizing Issuance, Awarding Sale,
Prescribing The Form And Details And Providing For The Payment Of $1,930,000
General Obligation Improvement Bonds, Series 1990A, and move its adoption.
/c
CERTIFICATION OF MINUTES RELATING TO
$1, 930, 000 GENERAL OBLIGATION IMPROVEMENT BONDS,
SERIES 1990A
Issuer: City of Shakopee, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting
held on Tuesday, November 6, 1990 at 7 :30 o 'clock P .M. ,
at the City Hall .
Members present :
Members absent :
Documents Attached:
Minutes of said meeting (including) :
RESOLUTION NO.
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR
THE PAYMENT OF $1, 930, 000 GENERAL OBLIGATION
IMPROVEMENT BONDS, SERIES 1990A
I, the undersigned, being the duly qualified and acting
recording officer of the public corporation issuing the bonds
referred to in the title of this certificate, certify that the
documents attached hereto, as described above, have been carefully
compared with the original records of said corporation in my legal
custody, from which they have been transcribed; that said
documents are a correct and complete transcript of the minutes of
ii iiiffii iiil fii iiia iiIHiiiiiiiiiii i1 1i; pi nogg aiiiiiiiiiiiii Ili
of all documents approved by the governing body at said meeting,
so far as they relate to said bonds; and that said meeting was
duly held by the governing body at the time and place and was
attended throughout by the members indicated above, pursuant to
call and notice of such meeting given as required by law.
WITNESS my hand officially as such recording officer
this day of November, 1990 .
Judith Cox
Its City Clerk
11/02/90 11:40 $612 223 3002 SPRINGSTED INC. 2003/019
Mil n11111 MIII111111 11 1110 Amin 0/61111111 *lulu
Financial Review of a notice of sale of $1, 930, 000 General
Obligation Improvement Bonds, Series 1990A of the City, for which
bids were to be considered at this meeting in accordance with a
prior resolution adopted by the City Council . Said affidavits
were examined and found satisfactory and directed to be placed on
file in the office of the City Clerk .
The Clerk then announced that sealed bids had been
received pursuant to said notice of call for bids, which bids had
been opened, read the tabulated, and the highest and best bid of
each bidder was found to be as follows :
Bid for Interest Total Interest Cost
Name of Bidder ?rinoip41, Rates - Net Average Rate
11/02/90 11!40 /2612 223 3002 SPRINGSTED INC:. 004/019
Councilmember then introduced the
following resolution and moved its adoption :
RESOLUTION NO.
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR
THE PAYMENT OF $1, 930, 000 GENERAL OBLIGATION
IMPROVEMENT BONDS, SERIES 1990A
BE IT RESOLVED by the City Council of the City of
Shakopee, Minnesota, as follows :
Section 1 . Authorization and Sale .
1 .01 . Authorization of Bonds . This Council, by its
Resolution No . adopted on October 9, 1990, has determined
that it is necessary for the City to sell and issue its General
Obligation Improvement Bonds, Series 1990A in the aggregate
principal amount of $1, 930, 000 (the Bonds) to finance the cost of
the local improvements designated in said Resolution (the
Improvements) . Resolution No. is incorporated herein by
reference .
1 .02 . Notj - of Sale: Bids . Notice of sale of the
Bonds has been duly published, and the Council, having examined
and considered all bids received pursuant to the published notice,
does hereby find and determine that the most favorable bid
received is that of , of
, and associates, to purchase the Bonds at a price
of $ plus accrued interest on all Bonds to the day of
delivery and payment, on the further terms and conditions
hercinafter set forth .
1 . 03 . ;ale of Bonds . The sale of the Bonds is hereby
awarded to said bidder, and the Mayor and City Clerk are hereby
authorized and directed on behalf of the City to execute a
contract for the sale of the Bonds in accordance with the terms of
said bid. The good faith check of the successful bidder shall be
retained and deposited by the Finance Director. The good faith
checks of other bidders shall be returned to them forthwith.
Section 2 . -.n - n . z- ' r. 48 • -'ti'P 4 • _ •
)ejiver�.
2 . 01 . r±atur_ties; Interest Rates: DP-aominations;
• Payment . The Bonds shall be designated General Obligation
Improvement Bonds, Series 1990A, shall be originally dated as of
December 1, 1990, shall be in the denomination of $5, 000 each, or
any integral multiple thereof, shall mature on February 1 in the
respective years and amounts stated below, and shall bear interest
from date of issue until paid or duly called for redemption at the
11/02/90 11!4l $612 223 3002 SPRINGSTED INC. Z005/019
respective annual rates set forth opposite such years and amounts,
as follows:
Year kmount Bate Year Amount Rate
1992 $ 45, 000 1998 $190, 000
1993 175,000 1999 195, 000
1994 175, 000 2000 200, 000
1995 180, 000 2001 210, 000
1996 185, 000 2002 190, 000
1997 185, 000
The Bonds shall be issuable only in fully registered form. The
interest thereon and, upon surrender of each Bond, the principal
amount thereof, shall be payable by check or draft issued by the
•
Registrar for the Bonds appointed herein.
2 .02 . Dates; Intereat Payment Dates . Each Bond shall
• be dated as of the last interest payment date preceding the date
of authentication to which interest on the Bond has been paid or
made available for payment, unless (i) the date of authentication
is an interest payment date to which interest has been paid or
made available for payment, in which case such Bond shall be dated
as of the date of authentication, or (ii) the date of
authentication is prior to August 1, 1991, in which case such Bond
shall be dated as of December 1, 1990 . The interest on the Bonds
shall be payable on February 1 and August 1 in each year,
commencing August 1, 1991, to the owner of record thereof as of
the close of business on the fifteenth day of the immediately
preceding month, whether or not such day is a business day.
2 .03 . Rgistration. The City shall appoint, and shall
maintain, a bond registrar, transfer agent and paying agent (the
Registrar) . The effect of registration and the rights and duties
of the City and the Registrar with respect thereto shall be as
follows :
(a) Register . The Registrar shall keep at its
principal corporate trust office a bond register in which the
Registrar shall provide for the registration of ownership of
Bonds and the registration of transfers and exchanges of
Bonds entitled to be registered, transferred or exchanged.
(b) Transferof Bends . Upon surrender for transfer of
any Bond duly endorsed by the registered owner thereof or
accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the
registered owner thereof or by an attorney duly authorized by
the registered owner in writing, the Registrar shall
authenticate and deliver, in the name of the designated
-2-
11/02/90 11:41 12612 223 3002 SPRINCSTED INC. 0O6/019
transferee or Lransferees, one or more new Bonds of a like
aggregate principal amount and maturity, as requested by the
transferor. The Registrar may, however, close the books for
registration of any transfer after the fifteenth day of the
month preceding each interest payment date and until such
interest payment date .
(c) Xchange of Bonds. Whenever any Bonds are
surrendered by the registered owner for exchange the
Registrar shall authenticate and deliver one or more new
Bonds of a like aggregate principal amount and maturity, as
requested by the registered owner or the owner' s attorney in
writing.
(d) r7ancellftiofl. All Bonds surrendered upon any
transfer or exchange shall be promptly cancelled by the
Registrar and thereafter disposed of as directed by the City .
(e) Improper or UDaythorized Transfer,. When any Bond
is presented to the Registrar for transfer, the Registrar may
refuse to transfer the same until it is satisfied that the
endorsement on such Bond or separate instrument of transfer
is valid and genuine and that the requested transfer is
legally authorized. The Registrar shall incur no liability
for the refusal, in good faith, to make transfers which it,
in its judgment, deems improper or unauthorized.
(f) Persons Deemed Owners . The City and the Registrar
may treat the person in whose name any Bond is at any time
registered in the bond register as the absolute owner of such
Bond, whether such Bond shall be overdue or not, for the
purpose of receiving payment of, or on account of, the
principal of and interest on such Bond and for all other
purposes, and all such payments so made to any such
registered owner or upon the owner's order shall be valid and
effectual to satisfy and discharge the liability upon such
Bond to the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges . For every transfer or
exchange of Bonds, the Registrar may impose a charge upon the
owner thereof sufficient to reimburse the Registrar for any
tax, fee or other governmental charge required to be paid
with respect to such transfer or exchange .
(h) Mutilatgci, Lost. Stolen or Desroy�, Bolds . In
case any Bond shall become mutilated or be destroyed, stolen
or lost, the Registrar shall deliver a new Bond of like
amount, number, maturity date and tenor in exchange and
substitution for and upon cancellation of any such mutilated
Bond or in lieu of and in substitution for any such Bond
destroyed, stolen or lost, upon the payment of the reasonable
-3-
11/02/90 11.42 $612 223 3002 SPR INCSTED INC. Z007/019
/4
expenses and charges of the Registrar in connection
therewith; and, in the case of a Bond destroyed, stolen or
lost, upon filing with the Registrar of evidence satisfactory
to it that such Bond was destroyed, stolen or lost, and of
the ownership thereof, and upon furnishing to the Registrar
Of an appropriate bond or indemnity in form, substance and
amount satisfactory to it, in which both the City and the
Registrar shall be named as obligees . All Bonds so
surrendered to the Registrar shall be cancelled by it and
evidence of such cancellation shall be given to the City. If
the mutilated, destroyed, stolen or lost Bond has already
matured or been called for redemption in accordance with its
terms it shall not be necessary to issue a new Bond prior to
payment ,
2 . 04 . 4,-i . ' . I - . ' - . .. n. ' . a. - .*' . The
City hereby appoints
, Minnesota, as the initial Registrar and Paying
Agent for the Bonds, which, together with any successor entity is
sometimes referred to herein as the Registrar or the Registrar and
Paying Agent . The Mayor and the City Clerk are authorized to
execute and deliver, on behalf of the City, a contract with said
Registrar. Upon merger or consolidation of the Registrar with
another corporation, if the resulting corporation is a bank or
trust company authorized by law to conduct such business, such
corporation shall be authorized to act as successor Registrar .
The City agrees to pay the reasonable and customary charges of the
Registrar for the services performed. The City reserves the right
to remove the Registrar upon thirty (30) days notice and upon the
appointment of a successor Registrar, in which event the
predecessor Registrar shall deliver all cash and Bonds in its
possession to the successor Registrar and shall deliver the bond
register to the successor Registrar .
2 .05 . gedemption. Bonds maturing in the years 1992
through 1999 shall not be subject to redemption prior to maturity,
but Bonds maturing in the years 2000 through 2002 shall be subject
to redemption and prepayment at the option of the City, in whole
or in part, in direct order or inverse order of maturity as
determined by the City and by lot as to Bonds having the same
maturity date, on February 1, 1999 and on any date thereafter
(whether or not an interest payment date) , at a price equal to the
principal amount thereof and accrued interest to the date of
redemption . Prior to the date set for redemption of any pond
prior to its stated maturity date, the Clerk shall cause notice of
the call for redemption thereof to be published as required by law
and, at least twenty (20) days prior to the designated redemption
date, shall cause notice of the call to be mailed to the
registered holders of any Bonds to be redeemed at their addresses
as they appear on the bond register described in Section 2 .03
hereof .
-4-
11/02/90 11'43 '$612 223 3002 SPRINGSTED INC. @1009/015
1 di.
[Face of the Bonds]
UNITED STATES OF AMERICA
R- STATE OF MINNESOTA $
COUNTY OF SCOTT
CITY OF SHAKOPEE
GENERAL OBLIGATION IMPROVEMENT BOND,
SERIES 1990A
Interest Maturity Date of
Rate Date Original Issue StTSIP
December 1, 1990
Registered Owner:
Principal Amount : Dollars
KNOW ALL PERSONS BY THESE PRESENTS that the City of
Shakopee, a duly organized and existing municipal corporation of
Scott County, Minnesota (the City) , acknowledges itself to be
indebted and for value received hereby promises to pay to the
registered owner named above, or registered assigns, the principal
sum specified above on the maturity date specified above, and to
pay interest thereon from the date hereof at the annual rate
specified above, payable on February 1 and August 1 in each year,
commencing August 1, 1991, to the person in whose name this Bond
is registered at the close of business on the 15th day (whether or
not a business day) of the month immediately preceding the payment
date, all subject to the provisions referred to herein with
respect to the redemption of the principal of this Bond before
maturity. The interest hereon and, upon presentation and
surrender of this Bond, the principal hereof, are payable in
lawful money of the United States of America by check or draft
issued by , in
, Bond Registrar and Paying Agent (the Registrar) , or
its designated successor under the Resolution described herein.
For the prompt and full payment of such principal and interest as
the same respectively become due, the full faith and credit and
taxing powers of the City have been and are hereby irrevocably
pledged.
-6-
11/02/90 11 44 X612 223 3002 SPR I NCSTED INC. _.... g)010/019
Additional provisions of this Bond are contained on the
reverse hereof and such provisions shall for all purposes have the
same effect as though fully set forth in this place .
This Bond shall not be valid or become obligatory for
any purpose or be entitled to any security or benefit under the
Resolution described herein until the Certificate of
Authentication hereon shall have been executed by the Registrar by
manual signature of one of its authorized representatives .
IN WITNESS WHEREOF, the City of Shakopee, Scott County,
Minnesota, by its City Council, has caused this Bond to be
executed of its behalf by the printed facsimile signatures of the
Mayor and City Clerk, and has caused this Bond to be dated as of
the date set forth below.
CITY OF SHAKOPEE, MINNESOTA
lfacsimile)
Mayor
Dated: Attest : (facsjmile)
City Clerk
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the
Resolution mentioned within.
Registrar
By
Authorized Representative
[Reverse side of the Bonds)
This Bond is one of an issue in the aggregate principal
amount of S1, 930, 000, all of like date and tenor, except as to
maturity date, interest rate, denomination and redemption
privilege, issued pursuant to a resolution adopted by the City
Council on November 6, 1990 (the Resolution) , for the purpose of
financing the cost of local improvements in the City, and is
issued pursuant to and in full conformity with the Constitution
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11/02/90 11:45 12612 223 3002 SPRINCSTED INC. Z 011/019
/6 a.
and laws of the State of Minnesota thereunto enabling, including
Minnesota Statues, Chapters 429 and 475 . The Bonds of this series
are issuable only as fully registered Bonds, in denominations of
$5, 000 of any multiple thereof, of single maturities . In the
Resolution the City council determined that in calendar year 1990
the City does not expect to issue tax-exempt obligations in an
aggregate principal amount greater than $10, 000, 000 (exclusive of
"private activity bonds") , and designated the Bonds as "qualified
tax exempt obligations" within the meaning of Section 265 of the
Internal Revenue Code of 1986 .
Bonds of this issue maturing in 1999 and earlier years
are payable on their respective stated maturity dates without
option of prior payment, but Bonds having stated maturity dates in
2000 and later years are each subject to redemption and prepayment
at the option of the City, in whole or in part, and if in part in
direct order or inverse order of maturity dates as determined by
the City and by lot as to Bonds maturing on the same date, on
February 1, 1999 and any date thereafter (whether or not an
interest payment date) , at a price equal to the principal amount
thereof plus interest accrued to the date of redemption . Prior to
the date specified for the redemption of any Bond prior to its
stated maturity date, the City will cause notice of the call for
redemption to be published as required by law, and, at least 20
days prior to the designated redemption date, will cause notice of
the call to be mailed to the registered owner of any Bond to be
redeemed at the owner 's address as it appears on the bond register
maintained by the Registrar . Upon partial redemption of any Bond,
a new Bond or Bonds will be delivered to the owner without charge,
representing the principal amount remaining outstanding.
As provided in the Resolution and subject to certain
limitations set forth therein, this Bond is transferable upon the
books of the City at the principal office of the Registrar, by the
registered owner hereof in person or by the owner ' s attorney duly
authorized in writing upon surrender hereof together with a
written instrument of transfer satisfactory to the Registrar, duly
executed by the registered owner or the owner ' s attorney; and may
also be surrendered in exchange for Bonds of other authorized
denominations . Upon such transfer or exchange the City will cause
a new Bond or Bonds to be issued in the name of the transferee or
registered owner, of the same aggregate principal amount, bearing
interest at the same rate and maturing on the same date, subject
to reimbursement for any tax, fee or governmental charge required
to be paid with respect to such transfer or exchange.
The City and the Registrar may deem and treat the person
in whose name this Bond is registered as the absolute owner
hereof, whether this Bond is overdue or not, for the purpose of
receiving payment and for all other purposes, and neither the City
nor the Registrar shall be affected by any notice to the contrary.
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11/02/90 11.45 1M612 223 3002 — SPRINCSTED INC. 012/019
•
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED
that all acts, conditions and things required by the Constitution
and laws of the State of Minnesota to be done, to exist, to happen
and to be performed preliminary to and in the issuance of this
Bond in order to make it a valid and binding general obligation of
the City in accordance with its terms, have been done, do exist,
have happened and have been performed as so required; that, prior
to the issuance hereof the City has covenanted and agreed to levy
special assessments upon property specially benefited by the local
improvements financed by the Bonds, which special assessments will
be collectible for the years and in amounts sufficient to produce
sums not less than 5% in excess of the principal of and interest
on the Bonds of this issue when due, and has appropriated such
special assessments to the payment of such principal and interest;
that if necessary for payment of such principal and interest, ad
valorem taxes are required to be levied upon all taxable property
in the City, without limitation as to rate or amount; and that the
issuance of this Bond does not cause the indebtedness of the City
to exceed any constitutional or statutory limitation of
indebtedness .
(Form of certificate to be printed on the reverse side of
each Bond, following a full copy of the legal opinion)
We certify that the above is a full, true and correct
copy of the legal opinion rendered by bond counsel on the issue of
Bonds of the City of Shakopee, Minnesota, which includes the
within Bond, dated as of the date of delivery of and payment for
the Bonds .
(Facsimile Signature) (Facsimile Signature)
City Clerk Mayor
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11'0290 11!46 /2612 223 3002 SPR(N $ED I I`c`. Z013/019
019
•
G•
•
The following abbreviations, when used in the
inscription on the face of this Bond, shall be construed as though
they were written out in full according to applicable laws or
regulations :
TEN COM -- as tenants UNIF GIFT MIN ACT Custodian
in common (Cust) (Minor)
TEN ENT -- as tenants
by entireties under Uniform Gifts to
Minors
JT TEN -- as joint tenants
with right of Act
survivorship and (State)
not as tenants in
common
Additional abbreviations may also be used though not in
the above list .
ASSIGNMENT
For value received, the undersigned hereby sells,
assigns and transfers unto
the within Bond and all rights
thereunder, and does hereby irrevocably constitute and appoint
attorney to transfer the said Bond on
the books kept for registration of the within Bond, with full
power of substitution in the premises .
Dated:
Notice: The assignor' s signature
to this assignment must correspond
with the name as it appears upon
the face of the within Bond in
every particular, without
alteration or enlargement or any
change whatever .
Signature Guaranteed:
Signatures (s) must be guaranteed by a national bank or trust
company or by a brokerage firm having a membership in one of the
major stock exchanges .
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11/02/90 11'47 1612 223 3002 _ SPRINCSTED INC. z014/019
rte
The Registrar will not effect transfer of this Bond
unless the information concerning the assignee requested below is
provided.
Name and Address :
(Include information for all joint
owners if this Bond is held by
joint account)
Please insert social security
or other identifying number of
assignee
Section 3 . - . - . - • • - ' - • • sc f. • - u - e
Bond Construction Fund. There is hereby created a special
bookkeeping fund to be designated -as the "Series 1990A Improvement
Bond Construction Fund" (hereinafter referred to as the
Construction Fund) , to be held and administered by the Finance
Director separate and apart from all other funds of the City. The
City appropriates to the Construction fund (a) the proceeds of the
sale of the Bonds, less the amount required by Section 4 hereof to
be deposited in the Series 1990A Improvement Bond Account therein
created, and (b) all collections of special assessments levied for
the Improvements until completion and payment of all costs of the
Improvements . The Construction Fund shall be used solely to
defray expenses of the Improvements, including but not limited to
the transfer to the Bond Account created in Section 4 hereof, of
amounts sufficient for the payment of interest and principal, if
any, due upon the Bonds prior to the completion and payment of all
costs of the Improvements and the payment of the expenses incurred
by the City in connection with the issuance of the Bonds . Upon
completion and payment of all costs of the Improvements, any
balance of the proceeds of the Bonds remaining in the Construction
Fund may be used to pay the cost, in whole or in part, of any
other sanitary sewer improvement instituted pursuant to the
Minnesota Statutes, Chapter 429, as directed by the City Council,
but any balance of such proceeds not so used and any remaining
special assessments shall be credited and paid to the Bond
Account .
Section 4 . - - - 1 ' 0 ; H+• • - u- • =•,• - • • . So
long as any of the Bonds are outstanding and any principal of or
interest thereon unpaid, the Finance Director shall maintain a
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11/02/90 11:47 12612 223 3002 SPRINGSTED INC. 01015/019
� 6 4'
separate debt service account on the official books and records of
the City to be known as the Series 1990A Improvement; Bond Account
(hereinafter referred to as the Bond Account) , and the principal
of and interest on the Bonds shall be payable primarily from the
Bond Account . The City irrevocably appropriates to the Bond
Account (a) $ of the Bond proceeds which shall be used to
pay interest accruing on the Bonds through August 1, 1991; (b) all
collections of special assessments levied with respect to the
Improvements as provided in Section 5, from and after completion
and payment of all costs of the Improvements; (c) all ad valorem
taxes levied in accordance with this resolution; and (d) all such
other moneys as shall be received and appropriated to the Bond
Account from time to time . If the balance in the Bond Account is
at any time insufficient to pay all interest and principal then
due on all Bonds payable therefrom, the payment shall be made from
any fund of the City which is available for that purpose, subject
to reimbursement from the Bond Account when the balance therein is
sufficient, and the Council covenants and agrees that it will each
year levy a amount sufficient to take care of any accumulated or
anticipated deficiency, which levy is not subject to any
constitutional or statutory tax limitation.
Section 5 . Special As ss_smenta. The City hereby
covenants and agrees that, for the payment of the cost of
improvements permanently financed by the Bonds the City has done
or will do and perform all acts and things necessary for the final
and valid levy of special assessments in an amount not less than
20% of the cost of each of the improvements permanently financed
by the Bonds; and that the City will levy assessments in the
estimated aggregate principal amount of $ . The principal
of said assessments is payable over a ten year period, with
interest on unpaid installments thereof from time to time at the
estimated rate of % per annum. It is presently estimated
that the principal and interest on such special assessments will
be collected in the years and amounts as follows :
Collection Collection
Year Mount Year Mount
1991 $ 1997 S
1992 1998
1993 1999
1994 2000
1995 2001
1996
In the event that any such assessment shall at any time be held
invalid with respect to any lot or tract of land, due to any
error, defect or irregularity in any action or proceeding taken or
to be taken by the City or by this Council or by any of the
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11/02/90 12:03 $612 223 3002 SPR I NGSTED I NC. Z002/005
officers or employees of the City, either in the making of such
assessment or in the performance of any condition preced
ent
fMQC4Cin Pag4tydltrpp 'LCUndUt5y'1SW26Q axgh3tojitaVlu
ment a
valid and binding lien upon said property.
Section 6 . Pledge of Tax ng powers. For the prompt and
full payment of the principal of and interest on the Bonds when
due, the full faith and credit and unlimited taxing powers of the
City shall be and are hereby irrevocably pledged. In order to
provide moneys which, together with the collections of the special
assessments described in Section 5, will be not less than 5% in
excess of the principal of and interest on the Bonds when due,
there is hereby levied on all taxable property in the City, a
direct, irrepealable ad valorem tax for the years and in the
amounts as follows :
Levy Collection Levy Collection
Year Year Amount Year Ami
1990 1991 1996 1997
1991 1992 1997 1998
1992 1993 1998 1999
1993 1994 1999 2000
1994 1995 2000 2001
1995 1996
The collections of such tax levy shall be deposited in the Series
1990A Improvement Bond Account . The City reserves the right to
reduce or cancel such tax levy in accordance with Minnesota
Statutes, Section 475 . 61 .
Section 7 . Defeasance. When all of the Bonds have been
discharged as provided in this section, all pledges, covenants and
other rights granted by this resolution to the holders of the
Bonds shall cease . The City may discharge its obligations with
respect to any Bonds which are due on any date by depositing with
the Registrar on or before that date a sum sufficient for the
payment thereof in full; or, if any Bond should not be paid when
due, it may nevertheless be discharged by depositing with the
Registrar a sum sufficient for the payment thereof in full with
interest accrued from the due date to the date of such deposit .
The City may also discharge its obligations with respect to any
prepayable Bonds called for redemption on any date when they are
prepayable according to their terms, by depositing with the
Registrar on or before that date an amount equal to the principal,
interest and redemption premium, if any, which are then due,
provided that notice of such redemption has been duly given as
provided herein . The City may also at any time discharge its
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11/02/90 12:03 12612 223 3002 SPRINGSTED INC. I1003/005
C-
obligations with respect to any Bonds, subject to the provisions
of law now or hereafter authorizing and regulating such action, by
depositing irrevocably in escrow, with a bank qualified by law as
an escrow agent for this purpose, cash or securities which are
authorized by law to be so deposited, bearing interest payable at
such time and at such rates and maturing or callable at the
holder ' s option on such dates as shall be required to pay all
principal, interest and redemption premiums to become due thereon
to maturity or said redemption date.
Section 8 . Registration of Bonds and Tax Levy. The
Clerk is hereby authorized and directed to file a certified copy
of this resolution with the County Auditor of Scott County,
together with such additional information as they shall require,
and to obtain from said County Auditor a certificate that the
Bonds have been duly entered upon his bond register and that the
tax required to be levied for payment of the Bonds has been so
levied.
Section 9. Official Statement . The Official Statement
dated October _._., 1990, relating to the Bonds, prepared and
distributed by Springsted Incorporated, the financial consultant
for the City, is hereby approved, and the officers of the City are
authorized in connection with the delivery of the Bonds to sign
such certificates as may be necessary with respect to the
completeness and accuracy of the Official Statement .
Section 10 . •11 - - . For
purposes of compliance with the requirements of Section
148 (f) (4) (C) of the Internal Revenue Code of 1986 (the "Code")
relating to the exemption for certain small governmental units
from the rebate requirements of the Code, this Council hereby
determines and declares that :
(a) the City is a governmental unit with general taxing
powers;
(b) the Bonds are not "private activity bonds" as
defined in Section 141 of the Code (Private Activity
Bonds) ; and
(C) all of the net proceeds of the Bonds are to be
expended for the local governmental purposes of the
City, and will be so expended within six months of
the date of issuance of the Bonds;
provided that if the Bond proceeds are not all expended within six
months of the date of issue of the Bonds, the City will comply
with the requirements of Code Section 148 (f) (4) (C) •
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/4 ' ,
Section 11 . Oualified Tax-Exempt Obligations . This
Council hereby determines and declares that the City does not
reasonably expect to issue in calendar year 1990 tax-exempt
obligations in an aggregate principal amount greater than
$10, 000, 000 (exclusive of Private Activity Bonds) . This Council
hereby specifically designates the Bonds as "qualified tax-exempt
obligations" within the meaning of Section 265 of the Code, and
covenants that it will not in any event designate in calendar year
1990 more than $10, 000, 000 of its obligations as such "qualified
tax-exempt obligations . "
Section 12 . Tax Covenant; Arbitrage. (a) The City
covenants and agrees with the holders from time to time of the
Bonds herein authorized, that it will not take, or permit to be
taken by any of its officers, employees or agents, any action
which would cause the interest payable on the Bonds to become
subject to taxation under the Code and regulations issued
thereunder, in effect at the time of such action, and that it will
take, or it will cause its officers, employees or agents to take,
all affirmative actions within its powers which may be necessary
to insure that such interest will not become subject to taxation
under the Code and applicable treasury regulations, as presently
existing or as hereafter amended and made applicable to the Bonds .
(b) The Mayor and the City Clerk being the officers of
the City charged with the responsibility for issuing the Bonds
pursuant to this resolution, are authorized and directed to
execute and deliver to the purchaser a certification in order to
satisfy the provisions or Section of the Code relating to
arbitrage bonds and the regulations promulgated thereunder.
Section 13 . Authentication of Transcript . The officers
of the City and said County Auditor are hereby authorized and
directed to prepare and furnish to the purchasers of the Bonds,
and to the attorneys rendering an opinion as to the legality
thereof, certified copies of all proceedings and records relating
to the Bonds and such other affidavits, certificates and
information as may be required to show the facts relating to the
legality and marketability of the Bonds, as the same appear from
the books and records in their custody and control or as otherwise
known to them, and all such certified copies, affidavits and
certificates, including any heretofore furnished, shall be deemed
representations of the City as to the correctness of all
statements contained therein .
Attest : Approved:
City Clerk Mayor
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164-
•
The motion for the adoption of the foregoing resolution
was duly seconded by Councilmember and
upon vote being taken thereon, the following voted in favor
thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted,
and was approved and signed by the Mayor whose signature was
attested by the City Clerk.
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-016 b,
MEMO TO: Honorable Mayor and Council
FROM: Dennis R. Kraft, City Administrator
RE: Staffing Level for the Shakopee Recreation
Department For 1991
DATE: November 1, 1990
INTRODUCTION:
Previously the City Council has discussed potential staffing levels
for the Park and Recreation Department for 1991. Several staffing
level options and the financial impacts of each is discussed below.
BACKGROUND:
In December 1989 Independent School District No. 720 notified the
City Council of their withdrawal from the joint Shakopee Community
Recreation activity, effective January 1, 1991. Subsequent to that
action the City Council decided that Community Recreation would
become the Recreation Department, a part of the Shakopee City
government. Earlier this fall, in response to direction by the
City Council to balance revenues and expenditures I suggested a
staffing reduction for the Recreation Department. Another relevant
item involves the resignation of George Muenchow, the Director of
the Shakopee Community Recreation activity. This resignation will
be effective December 31, 1990, therefore a position vacancy will
potentially exist in 1991, provided that the position still exists
in 1991.
The past events which have occurred gives the City Council an
opportunity to look at alternative staffing levels and the
financial impacts of each of these. In that the City Council is
entering the closing phases of the 1991 budget preparation process
it is desirable to provide the Finance Director with direction at
this time.
Five scenarios are presented for City Council consideration. Under
these various scenarios, the financial impacts on the 1991 budget
for wages would range from slightly over $160, 000 down to slightly
over $100, 000. Council should be aware that the lower cost
scenarios will probably result in lower, and perhaps unacceptable
levels of recreation service being provided to the community. The
level to be provided is a policy decision that should be made by
the City Council.
Alternative No. 1 assumes the hiring of a new Director at the level
of the current Director. This would not be a recommended course of
action but does represent a possibility. If that were to be done
the total estimated budget cost for 1991 for wages would be
$160, 572 . This staffing level should provide a somewhat comparable
level to what is currently being provided once the newly hired
staff member would get up to speed.
Alternative No. 2 assumes the hiring of a Director at step 2 of the
pay plan. The other assumptions here that the Program Supervisor
would stay at step 6 as well as the other current staff members
remaining in their present positions at the steps they currently
1 4-
occupy.
occupy. The cost implications are $148, 494 or a reduction of
approximately $12 , 000 per year. Once the Director were to be up to
speed the level of service provided would probably be comparable to
what now exists.
Alternative No. 3 assumes the hiring of a Director a step 2 and a
Program Supervisor at step 1. One possibility here would be that
the current Program Supervisor would be promoted to Director and a
new Program Supervisor would be hired at step 1 . The cost
implication of this option would be $137 , 238 , or a savings of
approximately $11, 000 over alternative No. 2 . Once again within a
short period of time the level of service would probably be
available within a relatively short period of time.
Alternative No. 4 assumes the filling of the Director' s position at
step 2 (this could be the result of either bringing the Program
Supervisor to step 2 of the Director' s level or of hiring a new
Director at step 2 and the elimination of the Program Supervisor
position and the creation of a Program Specialist position and the
filling of that position at step 1 . I 'm of the option that the
City would not have difficulty in attracting qualified candidates
to work at the program specialist level . I think it can be assumed
that college prepared individuals would be interested in this
position at this pay level . ) The cost implications of this
alternative would be $133 , 208 or approximately $4 , 000 less then
alternative No. 3 . It is my opinion that within a reasonable
period of time there would be a level of service not to different
then what is presently being received.
Alternative No. 5 assumes the hiring of a Director at step 2 and
the elimination of a Program Supervisor or Program Specialist
position. In that this would result in one less staff member it is
reasonable to assume that the level of service provided to the
community would be somewhat less. The cost implication associated
with this alternative would be a wage amount of $103 , 471 or
approximately $30, 000 less then alternative No. 4 . If this
alternative were chosen there would have to be additional volunteer
activities to supplement some of the things now being taken care of
by paid staff.
Alternative No. 6 assumes the City Council would not fill the
Director' s position and the Program Supervisor would continue at
step 6. When the Community Development Directors position was
vacated and I became the City Administrator a decision was made to
not fill that position and to have the City Planner report directly
to the City Administrator. The cost of this option would be
$100, 179 or approximately a $3 , 000 reduction over alternative No.
5. Once again this alternative assumes a level of service
somewhat comparable to alternative No. 5 above.
The selection of any alternative might well influence whether
existing staff members decide to continue working in Shakopee or to
seek employment elsewhere. This is a question that can be answered
by neither the City Council nor the City Administrator and reflect
employment decisions to be made by existing staff members. In
reviewing the above mentioned staffing levels it becomes relatively
apparent that other alternatives could be pursued. For example two
(6 '
professional levels could be established and either the Clerk I or
the Receptionist position could be eliminated or reduced in time.
Once again other variations could be pursued and other department
structures could be established.
ALTERNATIVES:
Any of the alternatives mentioned above could be pursued, all would
result in the provision of some level of recreation service to the
community. The City Council should decide what level of service it
wants to provide and the financial implications can be determined
as a result of this decision.
RECOMMENDATION:
It is recommended that the City Council review and discuss the
various options mentioned above and that direction be provided to
the City Administrator on the staffing level desired by the City
Council. If the City Council does not make a decision as of this
time the Finance Director will probably arbitrarily include an
amount of $133 , 000 to $137 , 000 per year (alternative No. 3 or 4)
unless directed to do otherwise.
As Council may remember, when I was directed to balance
expenditures and revenues I had suggested that some reduction in
staffing occur in the Recreation Department. I did not make a
specific recommendation because this is currently not a City
department and I have less knowledge of the operations of Community
Recreation then I do of departments that are within the City' s
formal governmental structure.
ACTION REQUESTED:
Move to direct the City Administrator to include an amount of money
in the budget reflective of the staffing level decided by the City
Council.
TRW\DRK\memos
14 -t
1991 General Fund Budget
Changes for Recreation Dept Staffing
October 17, 1990
1990 Plus 4%
Pay Plan Plus Bene.
Original Requested Budget for Wages 130,460 163,075
1 Director Step 6 46,456
Program Supervisor Step 6 34,633
Clerk I Step 4 20,417
Receptionist Step 4 19,511
Custodial 2,500
123,517 160,572
2 Director Step 2 37,165
Program Supervisor Step 6 34,633
Clerk I Step 4 20,417
Receptionist Step 4 19,511
Custodial 2,500
114,226 148,494
3 Director Step 2 37,165
Program Supervisor Step 1 25,975
Clerk I Step 4 20,417
Receptionist Step 4 19,511
Custodial 2,500
105,568 137,238
4 Director Step 2 37,165
Program Specialist Step 1 22,875
Clerk I Step 4 20,417
Receptionist Step 4 19,511
Custodial 2,500
102,468 133,208
5 Director Step 2 37,165
Clerk I Step 4 20,417
Receptionist Step 4 19,511
Custodial 2,500
79,593 103,471
6 Program Supervisor Step 6 34,633
Clerk I Step 4 20,417
Receptionist Step 4 19,511
Custodial 2,500
77,061 100,179
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Barry A. Stock, Assistant City Administrator
RE: Premium Only Cafeteria Benefits Program
DATE: October 29, 1990
INTRODUCTION:
The City of Shakopee's benefits program currently does not comply
with Section 125 of the Internal Revenue Code. Staff is therefore
recommending that the City Council take the appropriate action to
bring the City of Shakopee's benefits program into compliance.
BACKGROUND:
Since the City is offering a choice between a taxable and non-
taxable benefit, i.e. a choice between cash and major medical
coverage, it falls within Section 125 of the Internal Revenue Code.
Section 125 of the Internal Revenue Code requires employers who
offer Cafeteria Benefit Plans to establish a formal plan document
outlining the benefits program in place and the benefit options
available to all employees. Additionally, Section 125 requires
that employers complete Form 5500 annually, outlining the benefits
provided and benefits received.
Several options exist for City Council to consider. First,
existing City staff could attempt to draft a Cafeteria Benefits
Program for the City. However, since this is a very technical area
we are not recommending this course of action.
On October 25, 1990 staff met with representatives from American
Family Life Assurance Co. (AFLAC) . AFLAC currently provides
benefit options to our employees, above and beyond the City' s basic
benefits. These benefits may include Cancer expense protection,
hospital intensive care plans and accident protection programs. It
is important to note that these benefits are available to all
employees through payroll deduction. The City does not participate
in funding any of these programs. Our AFLAC representative did
point out that they could provide the City of Shakopee with the
necessary plan documents to establish a Premium Only Cafeteria
Benefit Plan at no cost to the City. Materials included in AFLAC' s
offer include a Board of Directors Resolution, Plan Document,
Enrollment Material as well as information on processing the annual
5500 form.
AFLAC will provide this service to the City at no charge because we
have employees who are AFLAC policy holders and AFLAC has the
potential for increased participation in the programs they offer.
When the Premium Only Cafeteria Plan is in place, employees
contributions for additional qualified benefits will be deducted
from payroll on a pre-tax basis. In other words, employee
contributions will be exempt from FICA, State and Federal
contributions. At the present time, Shakopee employees are
contributing $850. 00 per month for health and life insurance
contributions and other special insurance programs. By
participating in the Cafeteria Plan, the City of Shakopee also will
not have to pay FICA contributions. This will result in
approximately an $800.00 annual savings to the City based on
current employee participation.
Initially staff is recommending that the City utilize AFLAC's
services to implement the Premium Only Cafeteria Plan. This fairly
simple approach will enable us to educate our employees of the
positive aspects of paying for benefits with pre-tax dollars. It
should provide for a smooth transition and allow for full employee
acceptance. It should also pave the way for the possible future
implementation of a flexible spending account program that would
allow employees the opportunity to pay for other benefits such as
un-reimbursed medical expenses and child or dependent care expenses
with pre-tax dollars. Scott County has had a similar plan in
existence since 1987 .
Since we are currently not in compliance and AFLAC provides us with
an alternative that will bring the City into compliance at no cost
to the City, staff is strongly recommending that the appropriate
City officials be authorized to prepare a resolution establishing
a Premium Only Cafeteria Benefits Program within the City of
Shakopee.
ALTERNATIVES:
1. Direct staff to prepare the appropriate resolution
establishing a Premium Only Cafeteria Benefits Program in
cooperation with AFLAC.
2 . Direct staff to draft a Premium Only Cafeteria Benefits
Program in house.
3 . Direct staff to proceed in developing a full fledged Cafeteria
Benefits Program.
4 . Maintain the status quo.
5. Table action pending further information from staff.
STAFF RECOMMENDATION:
Staff recommends alternative #1.
ACTION REQUESTED:
Move to authorize the appropriate City officials to work with AFLAC
in preparing the appropriate resolution establishing a Cafeteria
Benefits Program within the City of Shakopee.
aucafebent
MEMO TO: Honorable Mayor and Council
FROM: Dennis R. Kraft, City Administrator
RE: Request from Officer Ron Carlson for Additional Vacation
DATE: November 1, 1990
INTRODUCTION:
The attached letter from Police Officer Ron Carlson requests five
additional days of paid vacation to be used during the Golden
Gloves Boxing season.
BACKGROUND:
Officer Carlson also indicates that he will be requesting an
additional three days if one of the boxers qualifies for a National
Tournament.
I have had an opportunity to discuss this with the Police Chief and
he concurs with my recommendation to not grant this vacation
request to Officer Carlson. This should in no way be construed as
a position of any type of negative opinion toward the Golden Gloves
Boxing program. My concerns are as follows:
1. I believe there is a question of liability if the City were to
provide extra vacation for a police officer who was involved
in a Golden Gloves Boxing Tournament and if there were then an
injury to a boxer. This might be construed as some sort of
City of Shakopee backing for such boxing activity.
2 . Officer Carlson is a member of the police union. I believe
the contract requires us to treat all police officer in that
bargaining unit similarly. If Officer Carlson were to be
given an extra five to eight days vacation I do not see how
the City could refuse to grant similar extra vacation to any
other police officer for pursuing other recreational
objectives, regardless of the worthiness of the activity.
3 . Officer Carlson currently receives eighteen days paid vacation
per year plus he accrues the same eleven days vacation leave
that other police officers receive.
ALTERNATIVES:
1. Grant the additional paid vacation request as requested.
2 . Deny Officer Carlson's request.
RECOMMENDATION:
It is recommended that this vacation request be denied.
ACTION REQUESTED:
Move to deny the request of Officer Carlson for an additional five
to eight days of extra paid vacation from the City of Shakopee.
TRW\DRK\memos
/6
October 24, 1990
TO: MAYOR GARY LAURENT
CITY COUNCIL MEMBERS
FROM: OFFICER RON CARLSON
SHAKOPEE POLICE DEPARTMENT
SUBJECT: VACATION
The purpose of this memo is to request five (5) additional
days of paid vacation to be used during the Golden Gloves
Boxing season. These days off would be on the days of boxing
shows and tournaments. I will be requesting an additional
three days if one of the boxers qualifies for a National
Tournament.
Last year, I volunteered over 250 hours of my own time to
coordinate and coach the program. I don't feel I should have
to use my personal vacation days for boxing shows and
tournaments. Our program is youth-oriented and includes many
repeat juvenile offenders that need to be included in this
type of program. Last year our program had three Junior
Olympic State Champions.
From 1978 through 1984, the Shakopee City Council granted me
ten days for this same purpose. I am asking the council 's
approval for the 1990-1991 boxing season.
Thank you.
A AJ C, Js&—
g4a)
RESOLUTION NO. 3303
A RESOLUTION RELATING TO CITY
PARTICIPATION IN NARCOTICS CONTROL PROGRAM
WHEREAS, MN. Statutes 471. 59 provides for the joint exercise
of powers by two or more governmental units and specifically allows
for joint exercise of police power; and
WHEREAS, The Southwest Metro Task Force has been created for
the interdiction of drug traffickers and street-level dealers for
the government agencies who have become a part of the Task Force;
and
WHEREAS, The City of Shakopee desires to be a party to the
Southwest Metro Task Force.
NOW, THEREFORE, BE IT RESOLVED, That the City of Shakopee
enter into a contractural agreement with members of the Southwest
Metro Task Force for the calendar year 1991 .
BE IT FURTHER RESOLVED, That the proper city officials be
and hereby are authorized to execute such agreement.
Adopted in regular session of the City Council of the City
of Shakopee, Minnesota, held this 1st day of November, 1990.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
SOUTHWEST METRO TASK FORCE
JOINT POWERS AGREEMENT
January 1 , 1991 - December31 , 1991
THIS AGREEMENT is made by and between Carver County, Scott
County, South Lake Minnetonka, Chaska, Chanhassen, Shakopee,
Mound, St . Bonifacius-Minnetrista and Prior Lake through their
respective law enforcement agencies .
WHEREAS, MN Statutes 471 . 59 provides for the joint
exercise of powers by two or more governmental units and
specifically allows for joint exercise of police power; and
WHEREAS, the Southwest Metro Task Force has been created
by the parties for the interdiction of drug traffickers and
street-level dealers in the named jurisdictions ;
NOW, THEREFORE, in consideration of the mutual promises
contained herein , the parties agree as follows :
I .
PURPOSE
The purpose of the Southwest Metro Task Force is to
provide a comprehensive and multi-jurisdictional effort to
reduce drug trafficking and eliminate local street-level
dealers through the coordination of law enforcement agencies.
Once established and funded, the Task Force operations are
to be coordinated by the South Lake Minnetonka Public Safety
Department .
Agents will be licensed police officers paid through the
Task Force fund comprised of pooled local and federal monies.
Agents will act as gathers of information . Offenses taking
place in a specific jurisdiction will involve the prosecution
of those individuals by that jurisdictions attorney.
/`•
..�
Agents will have discretionary powers of arrest in all
jurisdictions .
Pursuant to MN Statute 471 . 59 , subdivision 12, agents
licensed as Minnesota police officers may cross jurisdictional
boundaries for the purpose of gathering information for the
successful completion of their cases.
II .
FUNDING
The Task Force is to be funded by a combination of federal
money, state money, donations and forfeited money.
South Lake Minnetonka, on behalf of the parties, has
applied for and anticipates receiving a federal
grant in an amount yet to be determined.
The grant amount , plus a cash contribution not to exceed
$10, 000 . 00 from each municipality shall be transferred to
South Lake Minnetonka for the administration of the Task
Force. Funds may be dispersed by South Lake Minnetonka, for
purposes including, but not limited to, pension payments ,
insurance and other costs, according to applicable State law
and with the agreement of the parties. The books, records and
documents relevant to this Agreement shall be subject to audit
by the parties or the State of Minnesota at reasonable times
upon written notice .
Strict accountability of all funds, receipts and disbursements
shall be provided for.
III .
TERM
This agreement shall commence January 1 , 1991 and
terminate December 31, 1991 .
IV.
DISTRIBUTION OF PROPERTY
All forfeitures of property, money and other assets will
be divided equally among participating agencies at the
termination of the program. All permanent equipment purchased
through the program shall be shared by the participating
agencies on a need basis during and after program termination .
V.
LIABILITY
All worker ' s compensation and civil liability claims will
be handled by the jurisdiction in which the agent is employed.
VI .
GENERAL PROVISIONS
This program is to be administered under the jurisdiction
of the Bureau of Criminal Apprehension. All activities are to
be consistent with and subject to the grant application
(attached and incorporated by reference) , as well as
applicable state and local laws .
Dated this 0 day of --\-0 (00S-1- , 1990 .
CARVA, COUNTY SCOTT COUNTY
4°. /BY ,/L.• ,� BY: ��ZUi� 7Zi
•ATED: !-/ i •v DATED : /0,90
SOUTH LAKE MINNETONKA CITY OF CHASKA
90
BY• f � BY: Let
DATED: DATED : JAM
CITY OF CHANHASSEN CITY OF SHAKOPEE
BY �/�
�� _-� - - BY: /_ „ ,. . i i
DATED: acx, 1-t, tg90 • DATED : ' 117 i
CITY 0 MOUND ST ;. FACIUS-MIN►ETRISTA
A /,
/
BY. - 1. • _ .�.-_elt..v
D TED: / I ATED : 9--7P--- l
CITY sF PRIOR LAKE
' i 4l
BY: LA ,
DAT' D : 0,A IL/290
/4 . _
City of Shakopee
POLICE DEPARTMENT
1
' 476 South Gorman Street
w '
..�- � SHAKOPEE, MINNESOTA 55379
Tel. 445-6666
.f.L •
To: Sgt. Bill Hudson
Southwest Metro Drug Task Force
From: Chief Tom Steininger
Shakopee Police Department
Subject: Letter of Commitment
Date: October 10, 1990
The Shakopee Police Department desires to participate in the
Southwest Metro Drug Task Force during 1991. Since our budget
has not been approved, our commitment must be tentative at this
time.
When our budget was written, we were unaware that the cost
of membership in the task force would increase so only $5, 000
will be available. We are prepared to offset this by assigning
an officer to the Task Force for an unspecified period of time.
A Resolution to this effect should be passed by our City
Council on October 16, 1990.
If you have any questions, please contact me.
HISTORY
The Southwest Metro Task Force was created in 1988 after approval of
funding under the State and Local Assistance for Narcotics Control
Program. At that time the member agencies were the Carver County
Sheriff 's Department, the Chanhassen Public Safety Department, the
Chaska Police Department, the Scott County Sheriff 's Department, the
Shakopee Police Department and the South Lake Minnetonka Public
Safety Department . The Southwest Metro Task Force accepted into
membership the Mound Police Department and the St.
Bonifacius/Minnetrista Public Safety Department in 1989 . This
increased the coverage area of the Task Force and the Task Force
received no additional Federal Grant funding for this increased
workload.
The Southwest Metro Task Force has Jurisdiction currently in
Hennepin, Carver and Scott Counties . The Southwest Metro Task Force
currently services the following cities; Chaska, Chanhassen,
Waconia, Norwood, Young America, New Germany, Watertown, Victoria,
Mayer, Hamburg, Shakopee, Jordan, New Prague, Prior Lake, Belle
Plaine, New Market, Elko, Savage, Excelsior, Greenwood, Tonka Bay,
Shorewood, Mound, St. Bonifacius and Minnetrista. There are also
several smaller communities which fall within the jurisdictional
boundaries that receive service . This represents 3 counties and in
excess of 25 cities serviced by the Task Force .
The population of the Task Force jurisdiction is approximately
125, 000 people . With the recreational resources, the number of
people within the jurisdiction can increase by as much, or more,
than 50% at any one time .
NECESSITY
Prior to the establishment of the Southwest Metro Task Force, a
program had been initiated by the South Lake Minnetonka Public
Safety Department for the investigation of controlled substance
violations . It became obvious that persons dealing in controlled
substances knew no boundaries and officers frequently found
themselves in Carver County during their investigations . With that
knowledge, the Carver County Sheriff 's Department was asked to
participate in this investigation and the two agencies began a joint
investigative effort . The funding for this project was minimal and
when federal funds became available, these agencies sought out other
agencies with common jurisdictional boundaries to Join in the Task
Force concept. None of the agencies, at that time, had an organized
narcotics unit in existence .
The Southwest Metro Task Force began with one full-time officer, who
relied on the availability of available personnel from member
agencies . Monies were often not available to reimburse those
agencies for the use of their manpower and in 1989 the Task Force
expanded to three full-time officers. The increase in manpower led
to increased safety measures for undercover officers but the
manpower is still inadequate. Officers are frequently working in
excess of 70 hours per week, without reimbursement, to provide
adequate coverage .
Within the jurisdiction of the Task Force are Valley Fair,
Canterbury Downs, the Renaissance Festival and Lake Minnetonka . All
of these recreational resources provide an additional need for
narcotics enforcement .
The Southwest Metro Task Force has been approached by three
additional police agencies asking for membership to the Task Force .
This would increase the coverage area and demand for services
considerably. The Task Force would be willing to expand into these
areas because of identified suspects from those areas who are
operating both within the current Task Force boundaries and the
proposed expansion areas . However, this increased demand would
jeopardize the existing efficiency by demanding more investigative
hours . If funding were available for increased manpower and
equipment, the Task Force could consider these areas for inclusion.
ACTIVITY
The Southwest Metro Task Force has, and will continue, to address
the problems of the "street level" drug dealer . In 1988 the Task
Force made numerous purchases of controlled substances and a total
of 142 persons were arrested .
In 1989 the Task Force addressed the concerns of the public in a
local high school by putting an undercover officer in the school to
identify drug users and dealers . This project led to 13 arrests and
several other persons and their parents were contacted on an
informal basis to discuss their drug use .
The Task Force in 1989 has made 49 arrests for controlled substance
violations with more arrests pending.
This gives the Task Force a total of 191 arrests since February 1,
1988 .
The Task Force has also developed a confidential suspect computer
database . Member agencies have been submitting intelligence
information to the Task Force and it has been stored in the database
for future reference and for sharing with other law enforcement
agencies. This database now contains in excess of 1000 names of
persons suspected of being involved in the trafficking of controlled
substances . Much of this information could be developed into
prosecutable cases but due to the lack of manpower, the Task Force
is unable to follow-up on many of these cases at this time. The
addition of a full-time Administrator would be beneficial as cases
could be reviewed, prioritized and assigned accordingly.
Without the additional federal funding requested, the narcotics
enforcement would be limited to personnel that are available from
each agency, which is minimal, at best .
.y
USE OF PERSONNEL
The Southwest Metro Task Force has found that with the increased
enforcement, persons dealing in controlled substances have become
more wary of their dealings . This has meant that the Task Force
must use new methods of identifying and catching those persons. The
Task Force plans to use a combination of methods 'to accomplish those
goals .
The Task Force is seeking to increase it 's staff by adding three
more agents . These agents will assist in providing adequate back-up
to undercover officers . In addition, one person will be hired as a
full-time Administrator to supervise the project, review the cases
and incoming information, provide assignments to undercover
personnel and manage the budget .
It is planned to use officers, with experience and training, in
undercover capacities outside of their normal Jurisdictions . With
the use of informants and available information, these officers will
attempt to infiltrate groups of persons using and dealing controlled
substances. Officers will also perform surveillance of suspected
drug dealers and perform garbage searches . These are all methods
that have been used in the past by the Task Force and have been
proven effective to varying degrees .
The Task Force is seeking to purchase a van, which will then be
equipped with necessary equipment for the purpose of surveillance .
Without the surveillance van, it is often impossible to perform
surveillance without detection .
The Task Force is also seeking to purchase a "pager" style body mike
transmitter . This type of transmitter is less obvious and should
provide additional safety for undercover officers because of it 's
non-descript appearance .
The Task Force is governed by a Coordinating Committee which
consists of the Sheriff or Chief of Police from each participating
agency, or their assigned delegate . The Task Force has already
approached the Carver County Attorney and asked him to also become a
member of the Coordinating Committee . The Carver County Attorney
has expressed a desire to become involved in the Task Force and has
agreed to serve in this capacity. The Coordinating Committee is
planning to meet bi-monthly with the Administrator of the Task
Force .
The Task Force will be coordinated by an Administrator, who will
be directly responsible to the Coordinating Committee . The
Administrator will be responsible for assigning cases, managing the
budget, maintaining evidence, reviewing reports, reviewing cases and
signing complaints, filing required quarterly reports, seeking
donations from business and service organizations, participating in
drug education and prevention presentations and overseeing the
investigations . The Administrator will also authorize the
expenditure of all informant and buy fund monies and will keep
necessary records of those transactions .
ire JP/
Vehicles driven by Task Force members will consist of vehicles that
have been forfeited and/or vehicles that are purchased with proceeds
from forfeited vehicle sales .
An undercover phone line will be available at all offices of the
Task Force for use by Task Force Officers . These phone lines will
have phone recorders on them so officers can leave messages for
other officers and also so that suspects and informants may contact
undercover personnel .
Under the current proposal the Task Force will be made up of three
investigative teams . Each team will consist of a Team Leader and an
Investigator . The Team Leaders will be responsible to the
Administrator . The Team leaders will oversee the investigations of
cases that are assigned to the team and will supervise the
investigator of their team. They will report progress of the
investigations to the Administrator . Team Leaders will be
responsible for the interviewing of informants, making drug
purchases, providing back-up to Investigators, completion of reports
and the development of new information .
The Investigators will be responsible to the Team Leaders. They
will make drug purchases, investigate new cases, develop new cases,
file reports as required, provide back-up to Team Leaders and
perform other tasks that are assigned .
The Task Force intends to hire a full-time secretary to type reports
and keep the database up to date . This secretary would be hired for
a one year period with no guarantee for future employment .
Officers for the Task Force will be chosen from current officers of
the Task Force agencies . Experience and desire will be a high
priority in choosing officers to work with the Task Force . The
agencies supplying officers will be reimbursed $30, 206 . 28, in
salary, per year for the hiring of replacement officers . The
replacement officers will be hired with an agreement that they will
have employment for one year and it will be up to each individual
agency as to future employment of the replacement officer . In all
cases the monies received by the agencies for this replacement
officer is less than the cost of the officer that would be coming to
the Task Force .
The Task Force Office will be located at one, or more, of the member
agency's current facilities at no cost to the Task Force .
All monies taken in by the Task Force, by forfeitures, will remain
in the Task Force for continued funding of the program. Should the
Task Force be disbanded, any money left over from the forfeitures
would be divided by the member agencies on a proportional basis .
All property purchased by the Task Force will be shared by the
member agencies at the conclusion of the program on a need basis .
GOALS
If the Task Force receives the funding requested it would anticipate
to arrest in excess of 100 persons in 1990. The Task Force would
continue to identify persons involved in the sale of controlled
substances and with the additional personnel, officers would be
better able to follow-up on leads provided .
The full-time Administrator would make the Task Force more
accessible to the public and all tips received from citizens would
be referred to an officer at the Task Force Office and those tips
would then be pursued .
Each officer of the Task Force would be supplied with a digital
pager so that they can be contacted by informants, potential
suspects and for call-in by other officers .
Two cellular phone will be purchased so that communications can be
improved by officers . Much of the area being serviced is out of the
metro area, where pay phones are not readily accessible and a toll
charge would preclude the use of those pay phones that are
available .
All officers will be required to attend the Basic Narcotics Course
that is sponsored by the BCA. The Task Force would hope to have at
least three officers attend this school in September of 1989, before
their actual assignment to the Task Force . The remaining officers
would be enrolled in the next available class, with all members
having completed this course by March 1, 1990 .
All officers then will be required to attend the Covert Drug
Investigation School sponsored by the BCA. All officers will be
expected to have completed this school by May 15, 1990 .
The Administrator and at least one other officer will attend the
Drug Commanders Seminar that is sponsored by the BCA and that will
be completed by October 15, 1989 .
Officers will also have the opportunity to attend additional classes
as they become available .
As a part of their assignment to the Task Force, officers will be
expected to assist in the education of the citizens of the
communities being served by the Task Force . The Task Force has in
the past, and will continue, to give talks and demonstrations to
civic groups regarding the drug problems within this area. All
officers will not be able to actually participate in the talks
because of their undercover assignments but those officers will
assist with the preparation of the material being presented .
Officers will also continue to give in-service training courses to
all member agencies to advise them of current drugs being found on
the street, their value, packaging means, changes in drug laws,
forfeiture laws and development of informants .
/4
The Southwest Metro Task Force is very proud of the relationship it
has developed with prosecutors within the jurisdictional boundaries .
Two agents of the Task Force were recently recognized by the Carver
County Attorney's Office for their work . Those officers were
presented with "The Prosecutors Award" for their efforts in
investigating drug cases .
The Southwest Metro Task Force is equally proud of it 's arrest
record and as of this writing, all cases that have been prosecuted
have led to a conviction. It is the intent of the Task Force to
continue to provide high quality cases to the prosecuting attorney's
for their consideration.
The Task Force has also become involved, with persons investigated
and others that they have become aware of, in the referral of
persons to treatment facilities . Many of the persons dealt with
keep contact with Task Force officers on a regular basis to advise
them of their progress and gratification for helping them to cease
using controlled substances .
The Task Force has implemented a program with the parole and
probation officers within the Carver and Scott County jurisdictions .
The officers call these agents frequently and an exchange of
information has been very helpful . Many times informants that have
been developed are on parole or probation and it is the policy of
this Task Force to contact the assigned parole or probation agent
before using the informant . This has led to increased cooperation
between the agencies . Many times officers are contacted by these
same parole and probation agents when they are performing
pre-sentence investigations of convicted drug dealers so that they
might get the input of the Task Force officers .
The Task Force has become active with other Task Forces in joint
investigations, along with narcotics officers from other
jurisdictions . The Task Force has had informants in the past that
wished to continue in that line of work . The Task Force has then
turned these people over to other Task Forces for their use . This
has happened at least three times .
The Task Force would also like to establish a program where agents
from other Task Forces in the area, along with other narcotics
officers, meet monthly for the sharing of information and resources .
To this point this has not been accomplished because of the number
of hours being worked by the Task Force officers .
TWO YEAR PLAN
The Southwest Metro Task Force is prepared to continue its operation
in 1991 . The match is assumed to be 50% for the participating
agency. Monies for this will come from local agencies budgets ,
from donations of business and service organizations and forfeited
monies .
The Southwest Metro Task Force will endeavor to find funding for
continued operation in 1992 and future years . This is, however,
contingent upon the availability of local funds from the
participating agencies, the continued support of the public sector
and the amount of money that can be realized by forfeiture .
„a-
CITY OF
.„
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
MEMORANDUM
TO: Chief Thomas Steininger
Deputy Chef John Dubois
Detective Don Bisek
FROM: Scott Harr , Assistant Public Safety Director/'
Sgt . Bill Hudson
DATE: July 31 , 1990
SUBJ : Southwest Metro Drug Task Forcc :Let.ter of Commi tmeni 8_
Resolution
URGENT! ! !
We are under a very strict time deadline to receive the following
material ABSOLUTELY NO LATER THAN AUGUST 13 . 1990:
1 . LETTER OF COMMITMENT: Each agency must submit a letter
of commitment stating that they agree to match the local
cash match for the federal grant based on the budget that
Sgt . Hudson is submitting; and
2 . RESOLUTION: Also needed is the resolution acted on by
your appropriate governmental body authorizing your
agency to enter into a contractual agreement with members
of the Southwest Metro Drug Task Force.
Past copies are attached for your reference. WE CANNOT STRESS
ENOUGH THE IMPORTANCE OF RECEIVING THESE ITEMS BACK IMMEDIATELY!
Sgt . Hudson has to have these back no later than August 13th.
Please have your copies sent directly to. Sgt . Hudson at the Task
Force Office.
If you have any questions , contact Sgt . Hudson at the Task Force
Office or Scott Harr at Chanhassen. Thank you.
RESOLUTION NO. 3125
A RESOLUTION RELATING TO CITY PARTICIPATION
IN NARCOTICS CONTROL PROGRAM
WHEREAS, the Minnesota Department of Public Safety has been
designated to administer law enforcement funds available through
the Federal Anti-Drug Abuse Act of 1986; and
WHEREAS, the City is eligible to receive funds for services
set forth in its grant application;
NOW, THEREFORE, BE IT RESOLVED that the City of Shakopee enter
into agreement with the State of Minnesota, Department of Public
Safety, to reimburse the City for money spent for approved
activities in connection with its grant application.
BE IT FURTHER RESOLVED that the proper city officials be and
hereby are authorized to execute such agreement and any amendment
thereto.
Adopted in vfl,L U session of t2�e City Council, off the
City of Shakopee, Minnesota, held this 3. day of 6WT.ac.Ue-1)
1989 .
� -�-� tri. 4iej ;
Mayor of the City of Shakopee
ATTEST:
City �l'rk /r
Approved as to form this .
day of 0,44— , 1989 .
City At rney
/4 ` —
C E R T I F I C A T I O N
I , Judith S. Cox , City Clerk of the City of Shakopee ,
Scott County , Minnesota , do hereby certify that I have compared
the paper writing attached with the original Resolution No.
3125
and find the same to be a true and correct copy thereof as the
same was passed by the City Council of the City of Shakopee on
the 3rd day of October , 19 89 .
Witness my hand and official seal at Shakopee , Minnesota ,
this 14thday of December , 19 59 .
SEAL
/6
DRUG IMPACTED SMALL JURISDICTIONS
Goals/Obiectives: This
demonstrate effective program is designed to o An agreement among criminal justice, treatment,
demonstrate
rat %drug control strategies which
drug trafficking and drug-related crime education and other community leaders to
problems in jurisdictions with populations of 50,000 or participate in a centrally coordinated program
less. gr
o A description of the commitment by local
Bacpolitical decision makers to provide resources to
which�hakgrouive nnd: Drug and drug-related crime, support pfoject activities
creased at an alarming rate in recent
years, have had an devastating impact on manyo A description of the anticipated approach
jurisdictions. Those communities, which represent small
very large segment of the population of the United ° ` n implementation plan witho reasonable goals
States, often lack the resources and expertise of larger and measurable, achievable objectives
jurisdictions to deal with the overwhelming expansion Applicants are encouraged to provide
and growing sophistication of drug crime.
Development of successful drug control programs from appropriate P de letters to support
PP priate menicipal leaden and private
requires a systemic approach to drug problems to curb institutions to ensure that the -
both the availability of drugs and the market for those plan has the necessary proposed drug control
drugs. This programary community support.
will demonstrate that, through
cooperative efforts of combined community resources,
jurisdictions which large cross EElii�ibiliry and Selection Criteria:
ssmallerion of the United States represente able ao effectively limited to lawenforcement/prosecution
Applicants are
f icemen prosecution agencies ewe in
address drug crime. jurisdictions with populations of 50,000 or fewer.
Grants will be awarded through a competitive process.
The size of eligible jurisdictions has been reduced A large number of cities fit this
from ijeriwith but only two will be funded this population criteria,
populations of 100,000 or year The
fewer" as noted in the March 19, 1990 Federal expectation is that if these programs
fewer"r to additional funding may be made available for more
populationsannouncement&Ase key to success rests
50,00 "jurisdictions with sites in future
years. Since with the level of commitmentfromthe sites, selection
will be heavily dependent upon commitment by
Pr tun Description: This program is designed to political, criminal justice, treatment, education and
invite applications from law enforcement agencies in community leaders. The severity of the problem, the
jurisdictions with populations of 50,000 or less to agencies' approach to solve the problem and the
develop and implement a comprehensive drug control proposed use of
program which is a centrally coordinated c grant funds will also be considered.
effort with law enforcement, prosecutors, theocotrarrttsVe
corrections, drug treatment services and the 12 months.
period: Awards
community. It is not BJA's intention to set out will be for a period of up to
12 mo
specific elements of a program, but rather to solicit
from law enforcement agencies in small jurisdictions
their ideas for addressing drug issue with a systemic Award
ds Amount: C!p to S200 000 will be available
approach. program. Up to two projects will be awarded.
The following information should be included in the
application. Due Date: Applications must be postmarked no later
than June 18, 1990.
o A demographic description of the geographic
target area
Contact: The Bureau of Justice Assistance, Law
o A statement of the nature and extent of the drug Enforcement Branch, (202)
problem within the target area �72-4605.
14
/ , I,
MEMO TO: Dennis Kraft, City Administrator
FROM: Dave Hutton, Public Works Director
SUBJECT: Huber Park Fence
DATE: November 1, 1990
INTRODUCTION:
Staff is seeking Council permission to expend funds to install a
screen fence along Huber Park, which was previously ordered by the
City Council to screen the fill area from the residents.
BACKGROUND:
Several weeks ago the City Council of Shakopee discussed the issue
of putting fill from our excess street projects in Huber Park.
This practice has continued for 3 years but due to a resident' s
concern regarding this practice, it was re-evaluated by the City
Council . The City Council did move to continue this practice to
utilize this area for excess fill site, but placed several
conditions on this practice. Most of the conditions dealt with
future contracts such as time of filling, dust control, noise,
method of dumping, etc. But the City Council also added another
condition on this practice, which was to direct staff to install a
screening fence along the residential area to screen homes from the
fill area.
Staff has obtained a quotation from Minnesota Valley Fence
Construction, Inc. to install this fence. The contractor provided
two quotes, one for a chain link fence with privacy strip screening
and the second for a wood fence. The chain link fence was quoted
at $1, 797 . 50 and the wood fence was quoted at $2 , 675 . 00. Two other
fence contractors were also requested to submit a quote but refused
to do so due to current work loads. The quote sheet from Minnesota
Valley Fence Construction, Inc. is attached.
This item was not budgeted for 1990 . Staff has reviewed the Park
Division Budget to determine if there was money remaining in any
one program which could be utilized for this expenditure. Under
Building Maintenance (Object No. 4230) there was $15, 000 . 00
budgeted for 1990. Included in this $15, 000 . 00 was $5, 000. 00 to
install a fence around the playground at Tahpah Park. The
remaining money in this fund was for other miscellaneous building
and grounds maintenance, not specifically identified. According to
the Finance Director there is approximately $10, 000 . 00 remaining in
this fund. Based on the fact that the Tahpah Park fence was
constructed utilizing this fund it would seem appropriate to use
this fund to put the fence up along Huber Park.
The alternative to utilizing the Park Budget would be to utilize
the Contingency Fund, if Council so desired.
i 4
ALTERNATIVES:
1. Move to authorize the construction of the chain link fence
along Huber Park utilizing the Park Budget Fund.
2 . Authorize the installation of the chain link fence along the
Huber Park area utilizing the Contingency Fund.
3 . Do not install the fence.
RECOMMENDATION:
Staff recommends Alternative No. 1, utilize the Park Budget Fund to
install the chain link screened fence along Huber Park as
previously directed by Council .
ACTION REQUESTED:
Move to direct staff to install a privacy fence along Huber Park at
the estimated price of $1, 797 . 50 as submitted by Minnesota Valley
Fence Construction, Inc. and utilize the Park Maintenance Fund for
this expenditure.
DH/pmp
FENCE
445-2645
INN /A
Ailey Fence Const. Inc.
2424 VALLEY VIEW ROAD - RESIDENTIAL & COMMERCIAL SHAKOPEE, MINN. 55379
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CONSENT /6
Memo to: Dennis Kraft, City Administrator
From: Marilyn Remer, Personnel Coordinator
Re: Buy Back of Police Holiday Time
Date: October 31, 1990
Introduction
The Police Union Contract allows the Employer (City of Shakopee) may, at their
option, buy back from any employee so requesting in writing by November 1st of
each calendar year any holiday time off earned but not used by the employee in
any given year.
Background
Requests have been received from Officers Ronald Carlson to buy back 60.0
hours, John Flynn to buy back 58.0 hours, Ray Erlandsen to buy back 74.0 hours
and Bryan Koch to buy back 58.0 hours. The impact on the police department
budget for these four additional requests is $4,335.41 plus approximately $520
for PERA.
Police Chief Tom Steininger has advised that there is sufficient budget
balance to take care of this and recommends approval of these requests,
therefore staff recommends the City comply with the contract and buy back the
hours requested.
Alternatives
1. Buy back earned, but unused holiday leave time as requested.
2. Do not authorize buy back of earned, but unused holiday leave
time.
Recommendation
Alternative #1.
Action Requested
Pass a motion authorizing the appropriate City officials to buy back 60.0
hours of earned, but unused holiday time, from Ronald Carlson; 58.0 hours from
John Flynn; 74.0 hours from Ray Erlandsen; and 58.0 hours from Bryan Koch at
their current pay rates.
f .9-
To: Greg Voxiand, Finance Director
From: Officer Ronald Carlson, Shakopee Police Department
Date: October 9 , 1990
Ref: Holiday Hours Buy Back
I am requesting that the City of Shakopee buy back from me 60
of the 88 holiday hours I have earned for 1990 .
As of this date I have used 10 holiday hours. I am
requesting that the City buy back 60 hours. Eighteen hours
will remain to be used before the end of the 1990 calendar
year.
Thank you for this consideration of this.
Sincerely,
Re%Ma‘t. ea"‘L
Ronald Carlson
Patrolman
& )/
To: Greg Voxland, Finance Director
From: Officer John Flynn, Shakopee Police Department
Date: October 9 , 1990
Ref: Holiday Hours Buy Back
I am requesting that the City of Shakopee buy back from me
the unused holiday hours I have earned for 1990.
As of this date I have used 20 holiday hours. I am
requesting that the City buy back 58 hours. Ten hours will
remain to be used before the end of the 1990 calendar year.
Thank you for this consideration of this.
Sincerely,
John Flynn
Patrolman
/6
To: Greg Voxland, Finance Director
From: Officer Ray Erlandsen, Shakopee Police Department
Date: October 11, 1990
Ref: Holiday Hours Buy Back
I am requesting that the City of Shakopee buy back from me
the unused holiday hours I have earned for 1990.
As of this date I have used 14 holiday hours. I am
requesting that the City buy back the remaining 74 hours.
Thank you for your consideration of this.
S ' cerel ,
1 r�u
a Erlandsen
Pa rolman
/41
To: Greg Voxland, Finance Director
From: Officer Bryan Koch, Shakopee Police Department
Date: October 11, 1990
Ref: Holiday Hours Buy Back
I am requesting that the City of Shakopee buy back from me
the unused holiday hours I have earned for 1990 .
As of this date I have used 30 holiday hours. I am
requesting that the City buy back the remaining 58 hours.
Thank you for your consideration of this.
Sincerely,
:25;444,
Bryan Koch
Patrolman
CONSENT /Lk
MEMO TO: Dennis Kraft, City Administrator
FROM: Dave Hutton, Public Works Director
SUBJECT: 5th Avenue Project
DATE: November 1, 1990
INTRODUCTION:
Staff is requesting permission to increase the Extension Agreement
for the City' s design consultant, Orr-Schelen-Mayeron & Associates,
Inc. for the above referenced project.
BACKGROUND:
On February 27 , 1989 the City Council of Shakopee held a public
hearing and ordered the plans and specifications prepared for the
5th Avenue Project in its entirety (Option 1 as outlined in the
feasibility report) .
In April, 1990 the City Council authorized the hiring of Orr-
Schelen-Mayeron & Associates to perform the design services
associated with this project. The total cost estimate for their
original extension agreement was $20, 300 . 00, including the
preliminary surveying. Since that date, staff has proceeded to
oversee the design of this project as outlined in the feasibility
report. The plans are approximately 85% complete.
On August 7 , 1990 the City Council reheld the public hearings on
this project since it had been longer than 1 year from the original
public hearing and the project had not been constructed yet.
For the second public hearings held in August and September, 1990,
staff had revised the feasibility report to add a 4th Option, since
the original feasibility report had 3 alternatives. The
feasibility report was also revised to recommend constructing
Market Street from 4th Avenue to 7th Avenue to Municipal State Aid
(MSA) Standards. The original feasibility report was based on not
upgrading Market Street to MSA Standards, but simply patching the
street over the sewer and watermain construction trenches.
The City Council agreed to the revised project scope to construct
Market Street to MSA Standards and on September 18 , 1990 the
Council re-ordered the plans and specifications for this project in
its entirety as recommended in the feasibility report (Option 1) .
Staff has contacted OSM to indicate that Market Street will now be
constructed to MSA Standards and that the plans should be revised
accordingly.
OSM has now submitted a request for a contract extension to include
the additional design work associated with the revised project
scope. MSA streets required additional information on the plans
not normally included on local street plans. In addition, storm
sewer, curb & gutter and pavement design will now be required on
Market Street, which was not required under the original Scope of
Services. OSM is requesting that their contract agreement be
increased by an additional $5, 000. 00. They will be paid for actual
hours worked, and $5, 000. 00 is the estimated cost of the additional
work based on their hourly rates.
All fees associated with designing the project will be added in to
the total project costs, which will be assessed back to the
abutting property owners. Portions of the project are 100%
assessed back to the abutting property owners while other portions
are only 25% assessed.
ALTERNATIVES:
1. Approve of the Contract Extension Agreement submitted by Orr-
Schelen-Mayeron & Assoc.
2 . Deny the request.
RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Move to approve of the request by Orr-Schelen-Mayeron & Associates,
Inc. to increase their Extension Agreement for engineering services
associated with the 5th Avenue Project by $5, 000. 00 due to revising
the project scope to construct Market Street to Municipal State Aid
Standards.
DH/pmp
EXTENSION
rd �
Orr
Schelen
Mayeron&
Associates,Inc.
2021 East Hennepin Avenue
Minneapolis,MN 55413
612-331-8660
FAX 331-3806
October 24, 1990 Engineers
Surveyors
Planners
City of Shakopee
129 East 1st Avenue
Shakopee, MN 55379
Attn: Mr. David Hutton, P.E.
Public Works Director
Re: 5th Avenue and Market Street
OSM Comm. No. 4366.00
Dear Dave:
We are in receipt of your letter of October 19, 1990 regarding the addition of Market Street
as a MSA Street to this project.
It will be necessary to have a survey crew cross-section Market Street to supplement the
information we have now. We will also have to design a grade and evaluate the storm
sewer to meet State Aid Standards.
We would request that the existing Extension Agreement be amended with an additional
$5,000 to complete this work.
If this is acceptable to you, please let us know.
Thank you for this additional work and we will have it completed within your time frame.
Cinrereiy,
ORR-SCHELEN-MAYERON
& ASSOCIATES, IN
Robert D. Frigaard, P.E.
Associate
/cmw
10/90-cos.dh
MEMO TO: Dennis Kraft, City Administrator
FROM: Dave Hutton, Public Works Direct r
SUBJECT: Alley at 827 Spencer
DATE: October 31, 1990
INFORMATIONAL ITEM FOR COUNCIL:
Several meetings ago the City Council reviewed a neighborhood
request to open up the alley adjacent to 827 Spencer Street (Mr.
Hoen resident) . Council ordered the alley opened up.
Staff indicated that the area would need to be surveyed to
determine if adequate alley right-of-way existed to construct the
remainder of the alley. The survey was completed and there is
adequate alley right-of-way. (See attached letter from the
surveyor)
On October 29 , 1990 the Public Works Department constructed the
remainder of the gravel alley and the alley is now completely open
from Main Street to Spencer Street.
DH/pmp
Otr f
(Z\la Sch&n
Ass Inc.
2021 East Hennepin Avenue
Minneapolis,MN 55413
612-331-8660
FAX 331-3806 Engineers
Surveyors
October 11, 1990 Planners
Mr. Dave Hutton
City of Shakopee
129 East 1st Avenue
Shakopee, MN 55379
Re: Alley South of 8th Avenue, East of Spencer Street
OSM Comm. No. 4690.00
Dear Mr. Hutton:
I have enclosed 3 copies of the Certificate of Survey for the referenced alley. As can be
seen on the Certificate, there is a 163 foot wide right-of-way for the alley through the
unplatted portion of the block. This right-of-way is described in a Quit Claim Deed from
Al J. and Cecilia Thomas dated November 30, 1962 and filed as Scott County Document
No. 101648 (Copy enclosed).
In the research performed by Scott County Abstract, no record was found vacating the alley
in Block 104, nor vacating the north-south alley in Cletus Link Addition. The names shown
on the Certificate were obtained from the deeds received from Scott County Abstract.
There are some encroachments of fences and one slight encroachment of a garage onto the
alley right-of-way.
If you have any questions or if I may be of further assistance, please call me at 378-6368.
Sincerely,
ORR-SCHELEN-MAYERON
ASSOCIATES, INC. 7-`
D. Edward Ames, L.S.
Associate
/cmw
10/90-cos.dh
Enclosure
!
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerk
RE: January, 1991 Council Meeting Dates
DATE: October 25, 1990
According to the City Code, any regular meeting which falls on
a legal holiday shall be held on the next business day. The first
meeting in January will, therefore, be held on Wednesday, January
2nd. January also has five Tuesdays which would more easily allow
for a change in meeting dates, if there was a desire to do so.
If Council has a desire to change the meeting dates in
January, staff should be directed to prepare the appropriate
resolution for consideration by Council prior to the end of the
year. Since nominations to boards and commissions takes place at
the first meeting in January, it would be nice for staff to know of
any change as soon as possible.
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerk
RE: Boards and Commissions Expiring Terms
DATE: October 25, 1990
INTRODUCTION:
According to City Council policy, it is appropriate that
Council consider at this time the reappointment of individuals
whose terms on boards and commissions are expiring.
BACKGROUND:
According to the policy, ninety days prior to the expiration
of terms each year, the Council shall be advised of the upcoming
vacancies and the attendance record of the individuals whose terms
are expiring, should those individuals be eligible for
reappointment. At that time the Council shall consider the
reappointment of those individuals. Should the Council determine
that the individuals merit reappointment, they will be contacted to
determine if they wish to seek reappointment. Council shall also
announce the vacancies and applications will be accepted from all
interested citizens of Shakopee.
Application Deadline; Since adoption of the current policy,
there has been confusion on the exact date that applications will
no longer be considered. Sometimes there have been insufficient
applications received and Council has made nominations as late as
the same evening of appointment. Last year Council discussed
cutting off considering applications at the time the interviewing
committee meets with the applicants. Council may wish to discuss
this early on in the process this year so that there is some
consensus on how to proceed.
Recommendation: Direct staff to provide Council with all
applications received for Boards and Commissions until the first
interview date; and retain the right to readvertise if an
inadequate number of applicantions are received.
Eligible Appointees: Attached is a list of the individuals
whose terms are expiring and who are eligible for reappointment,
and their attendance record.
Recommendation: Direct staff to contact all board and
commission members whose terms are expiring inviting them to apply
for reappointment.
/6 fr
Boards and Commissions Expiring Terms
October 25, 1990
Page -2-
Park and Recreation Advisory Board: Mr. Johnson' s and Mr.
Tomczik' s terms will be expiring the end of January. The Park &
Rec Advisory Board is just starting to meet to get geared up for
when they take over the first of the year. They have both advised
Barry Stock that they would be interested in being reappointed for
a three year term. Because they really haven't had an opportunity
to serve on this new board, Council may wish to reappoint them and
not invite additional applications at this time.
Recommendation: Direct staff not to advertise for the two
openings on the Park and Recreation Advisory Board because the
current members wish to continue to serve and have been on the
newly created board only a short time.
Board of Review: Council may wish to include in the
advertisement the Board of Review. Last year was the first year
that the City Council appointed a separate Board of Review. It
consisted of five members: two Councilmembers, Gloria Vierling and
Robert Sweeney, and three citizens, Eldon Reinke, Bob Turek and
Dick Marks.
Recommendation: Direct staff to include the Board of Review
in the advertisements for applications for openings on Boards and
Commissions.
Summary; Staff will follow up on advertising, posting, and
mailed notices on accepting applications for filling the expiring
terms on city boards and commissions. A letter will be sent to
each member whose term is expiring January 31, 1991 inviting them
to consider reappointment, unless Council advises otherwise.
RECOMMENDATIONS :
1. Determine the final date applications will be considered.
2 . Determine if members, whose terms are expiring, merit
reappointment.
3 . Determine whether or not to advertise for openings on the
Park and Recreation Advisory Board.
4 . Determine whether or not to advertise at this time to make
appointments to the Board of Review.
/4t
CITY OF SHAKOPEE BOARDS AND COMMISSIONS
TERMS EXPIRING JANUARY 31, 1991
Planning Commission:
Dave Rockne - 3 excused absences (illness)
Joan Lynch - no absences; new; filled unexpired term of Gene
Foudray
Energy and Transportation Committee:
Debra Amundson - 2 excused absences
John Drees - 0 absences
Park And Recreation Advisory Board:
Steve Johnson - attended Oct. 23rd orientation
Robert Tomczik - attended Oct. 23rd orientation
Board of Review:
Eldon Reinke
Robert Turek
Richard Marks
Gloria Vierling
Robert Sweeney
Building Code Board of Adjustments and Appeals:
Gene Juergens - no absences
Bob Turek - no absences
Housing Advisory & Appeals Board: (no meetings in 1990)
Gene Juergens
Bob Turek
Shakopee Public Utilities Commission:
Barry Kirchmeier
Police Civil Service Commission:
Virgil Mears
Cable Communications Advisory Commission: (no meetings in 1990)
Larry Moonen
Community Development Commission:
Jon Albinson - 2 excused absences
Charles Brandmier - 2 excused absences
Community Youth Building Committee:
Lavern Johnson, Gwen Solseth & Joyce Bassinger
CONSENT
MEMO TO: Dennis R.Kraft, City Administrator
FROM: Judith S. Cox, City Clerk
RE: Request for Deferment of Special Assessments
DATE: October 24, 1990
INTRODUCTION:
The City has received an application from Francis W. and Maude
Conrady for the deferment of special assessments against their
property as a result of the construction of Market Street North of
1st Avenue.
BACKGROUND:
As you are aware, both Minnesota Statutes and the City Code
have provisions for Senior Citizens to defer their special
assessments if it would be a hardship for them to make the
payments. Mr. Conrady has completed an application stating that it
would be a hardship for him to make payments for the special
assessments against his property as a result of the recent
construction of Market Street. According to Mr. Conrady's
application, he and his wife do meet the conditions outlined in the
City Code.
ALTERNATIVES:
1. Approve request.
2 . Deny the request.
RECOMMENDATION:
Alternative 1, Approve the request.
REQUESTED ACTION:
Approve the application from Francis W. and Maude Conrady, 720
Bluff Avenue, and grant deferment of special assessments to parcel
#27-004058-0 for the 1988-6 Market Street public Improvements,
pursuant to the conditions outlined in Section 2 . 82 of the City
Code.
JSC/tiv
CONSENT I b ,,,,,}
CONSENT
Memo To: Dennis R. Kraft, City Administrator
From: Gregg Voxland, Finance Director
Re: Farm Lease for 1991
Date: November 1, 1990
Introduction
Gene Hauer has inquired about renewal of his farm lease for 1991.
Background
The Hauer family has farmed the land in the north part of Memorial Park
for may years. Since the City acquired the land for a park, it has leased
the north part to the Hauer family for continued farming. A few years
ago, the City checked around for other interested farmers and found none.
There are no current City plans to use the area being farmed.
A lease form has been sent to Gene Hauer for his signature and it is to be
returned for City official's signatures. Mr. Hauer pays the taxes on the
land and $250-$500 in rent depending upon flooding conditions.
Action Requested
Move to authorize proper City officials to execute a farm lease with Gene
Hauer for 1991 under the same terms as 1990.
Gv:mmr
FARM.LEZ
#1G n ,
Memo To: Dennis R. Kraft, City Administrator
From: Marilyn Remer, Personnel Coordinator
Re: Status of part time custodian
Date: November 1, 1990
Introduction
Pursuant to your request, staff is requesting Council consider
authorize changing the employment status of Rose Mertz, Custodian
from part time to fulltime. The city' s current custodial services
are being provided for by one full time and one part time (80%)
custodians.
Background
Prior to March 1990, the city employed three part time custodians
to provide custodial services for a total of approximately 130
hours per pay period. Two of those individuals resigned and the
City authorized the hiring of a full time custodian/maintenance
worker plus retained the services of the part time (80%) custodian
for a total of approximately 144 hours per pay period.
Charles Fuller, the full time custodian started May 29, 1990 and
was given flexibility to organize the schedules for the cleaning
and maintenance of all city buildings. In the five months that has
passed, a regular routine cleaning schedule has been established.
The Building Official has also included adding the fire station and
the youth building to the cleaning schedule. Formerly, maintenance
and cleaning in these city owned buildings was not being done at
acceptable levels.
Rose Mertz is authorized to work 80% part time or 64 hours in a two
week period. Due to the addition of cleaning the fire station and
the youth building; plus the fact that the full time custodian is
spending some of his time doing maintenance work, Rose ' s hours have
increased to 78 . 0 hours a period. (80. 0 hours is full time. )
LeRoy Houser, Building Official is the authorizing department head
for the custodians. He approves of this schedule and has received
compliments from other departments regarding the improved level of
cleaning and maintenance.
The Finance Director feels the 1990 General Fund Budget overall
should be sufficient to cover the additional wages estimated to be
$1, 300 . The 1991 Budget will be revised with no net increase,
since we will be incurring savings as a result of our custodians
performing maintenance duties which were formerly contracted out.
Alternatives
1. Authorize full time status for Rose Mertz .
2 . Reduce current cleaning schedule to accommodate Rose
Mertz ' s part time status of 64 . 0 hours per payperiod.
Recommendation
Staff recommends alternative #1.
Action Requested
Move to authorize full time status for Rose Mertz effective
immediately.
/G/a
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MEMO TO: Honorable Mayor and Council
FROM: Dennis R. Kraft, City Administrator
RE: Building Department - 1991 Budget
DATE: October 31, 1990
INTRODUCTION:
In the past year, the Building Department has experienced some
internal reorganization which may impact the 1991 budget.
BACKGROUND:
In 1988, the Shakopee City Council authorized a Housing Inspector
position, and established a systematic housing inspection program
for a two year period. In March of 1990, City Council elected to
eliminate the Housing Inspector position. At that time, there was
some question as to whether the City Council wanted the systematic
housing inspection program continued as a function of the Building
Inspection Department. The Building Official has been providing
housing inspections on a demand response basis. In other words,
when a complaint is filed or when a problem is identified, we
respond. Last year the Building Department Secretary was given
additional responsibilities in the area of single family building
permit plan review. This was previously exclusively a function of
the Building Official or the Building Inspector.
Concurrent with the Building Department reorganization in 1989 ,
changes were also made in the Community Development Department.
These changes included elimination of the Community Development
Directors position (with the economic development/HRA functions
being assumed by the City Administrator and Assistant City
Administrator) , and the transfer of the Community Development
Secretary to the Administration Department as Administrative
Secretary. The former Administrative Secretary became the Building
Department Secretary and the clerical responsibilities for the
Planning Department were assumed by a Clerk-Typist II . The net
effect was to replace three secretary positions with two secretary
positions and a clerk-typist II position. Also at that time the
position of Administrative Assistant in Community Development was
eliminated and a new position of Assistant City Administrator was
created.
The Building Official has indicated that the volume of housing
permits is down from the previous year. The current state of the
economy, and more specifically the building construction industry,
could result in a lower level of building activity in 1991 . This
would result in additional staff time available in the inspection
area. (See attachment 1)
The Building Official has taken the appropriate steps to reclassify
the Building Dept. secretary position. The time spent profile
(TSP) for this position indicates a higher level of responsibility
as compared to the previous TSP for this position. The TSP has
been reviewed by both the Building Official and other
/' ,
administrative staff. The TSP indicates that this position should
be reclassified. In accordance with our pay plan and comparable
worth, it would be appropriate for this position to be reclassified
in conjunction with the approval of the 1991 pay plan. The 1991
pay plan will be submitted to City Council for consideration in
December.
With the pending reclassification of the Building Dept. secretary
position, it would appear that there should be some time available
within the Building Dept. to absorb additional duties. Staff would
like the City Council to discuss and identify Building Dept. issues
and priorities and direct the appropriate City officials to pursue
those issues.
Possible additional duties which could be assigned or undertaken by
the Building Dept. staff include the following:
1. The re-establishment of a less rigorous systematic housing
code inspection program.
2 . Assume additional code enforcement responsibilities.
3 . Assume additional field zoning inspection responsibilities.
Staff would like the City Council to discuss the duties and
assignments presently prescribed to the Building Department and
clarify the direction City Council would like the Building
Department to take in terms of additional responsibilities.
ALTERNATIVES:
1 . Maintain the status quo in terms of duties and
responsibilities presently prescribed to the Building
Department.
2 . Direct the appropriate City officials to establish a down
graded systematic housing enforcement program.
3 . Direct the appropriate City officials to increase the duties
and responsibilities of the Building Department in the zoning
enforcement area.
4 . Reorganize the responsibilities of the Building Inspection
staff, with a slightly increased emphasis in the housing code
inspection area.
5. Table action pending further information from staff.
STAFF RECOMMENDATION:
Staff recommends alternatives 3 and 4 .
l� P
ACTION REQUESTED:
Discuss the levels of inspection desired and direct the City
Administrator to implement the necessary changes.
c: Leroy Houser
Lindberg Ekola
Fulton Schleisman
" P
CITY OF SHAKOPEE
BUILDING ACTIVITY REPORT
PERMITS ISSUED September 1990 September 1989
No. No. Valuation No. No. Valuation
Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D.
Single Family-Sewered 8 69 4, 375,700 9 75 5 , 396 , 865
Single Family-Septic 3 15 1, 965, 600 1 7 820, 000
Multiple Dwellings - - - - 2 222 , 000
(= Units) (YTD Units) (-) (-) - (6) (6) -
Dwelling Additions 1 52 127,450 3 66 269 , 971
Other 1 14 120, 110 - 9 184 , 590
New Comm. Bldgs 1 5 4, 460, 000 - 6 1, 122 , 700
Comm. Bldg. Addns. - 4 1,741, 000 - 1 1, 000
New Industrial-Sewered - 1 11, 972 , 000 - 1 1, 445 , 000
Ind. Sewered Addns. - 2 1, 012, 800 - 2 102 , 990
New Industrial-Septic - - - - 1 172 , 000
Ind. Septic Addns . - - - 1 2 170 , 000
Accessory/Garages 2 27 153 ,804 6 34 231, 651
Signs & Fences 3 65 86,745 6 58 63 , 091
Fireplaces/Wood Stoves 1 10 21,755 1 6 19 , 900
Grading/Foundation 1 5 101, 000 - 11 1, 407 , 920
Remodeling (Res. ) - 18 95, 000 1 19 113 , 090
Remodeling (Inst. ) - - - - 1 97 , 230
Remodeling (Comm/Ind. ) - 26 655,700 4 32 2 , 551, 019
TOTAL TAXABLE 21 313 26, 888 , 664 32 332 14 , 293 , 787
TOTAL INSTITUTIONAL - - - 1 1 97 , 230
GRAND TOTAL 21 313 26, 888 , 664 32 333 14 , 391, 017
No. YTD. No. YTD.
Variances 1 3 2 6
Conditional Use 1 6 1 17
Rezoning - -
- -
Moving - - - 1
Electric 30 236 22 251
Plumbing & Heating 36 308 37 292
Razing Permits
Residential 1 2 - 1
Comm./Ind./Inst. - 1 -
Total dwelling units in City after completion of all construction permitted
to date 4 , 463
Jeanette Shaner
Building Department Secretary
14: /9
CITY OF SHAKOPEE
BUILDING ACTIVITY REPORT
PERMITS ISSUED
September 1988 September 1987
No. No. Valuation No. No. Valuation
Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D.
Single Fam-Sewered 6 56 4, 110, 378 6 29 2, 432, 300
Single Fam-Septic 1 11 1,222,700 1 11 1, 350, 600
Multiple Dwellings 1 3 276, 800 1 8 4, 570, 500
(# Units) (YTD Units) (3) (7) - (113) (129) -
Dwelling Additions 4 46 237, 013 4 55 253 , 017
Other 1 6 225, 595 2 16 354, 300
Comm New Bldgs 1 3 391, 200 1 5 1, 125, 000
Bldg. Addns - 8 643 , 000 - 4 162, 000
Industrial-Sewered - 1 915, 000 - 1 600, 000
Ind-Sewered Addns - 1 575, 000 - - -
Industrial-Septic - - - - - -
Ind-Septic Addns - - - - 2 167, 475
Accessory/Garages 4 21 158, 136 5 28 173 , 467
Signs & Fences 4 53 109, 180 8 49 86,945 *
Fireplaces/Wood Stove 3 9 25, 202 - 6 15, 100
Grading/Foundation 1 2 1, 200 - 5 56, 400
Remodeling (Res) 3 23 107, 305 - 24 163 , 505
Remodeling (Inst) - - - - - -
Remodeling (Comm/Ind) 2 17 206, 200 5 29 349,406
TOTAL TAXABLE 31 260 9, 203 , 954 33 272 11, 860, 015
TOTAL INSTITUTIONAL - - - - - -
GRAND TOTAL 31 260 9,203 , 954 33 272 11, 860, 015
No. Ytd. No. Ytd.
Variances - 8 1 14
Conditional Use 3 18 - 15
Rezoning 1 3 - 1
Moving - 3 2 2
Electric 21 224 29 188
Plbg & Htg 20 212 26 222
Razing Permits
Residential - 3 -
-
Commercial - - -
Total dwelling units in City after completion of all construction
permitted to date 4 , 259
Cora Hullander
Bldg. Dept. Secretary
A+ 1r/ a ,
MEMO TO: Dennis Kraft, City Administrator
FROM: Dave Hutton, Public Works Direct
SUBJECT: 5th Avenue Project
DATE: November 2 , 1990
INTRODUCTION:
Attached is Resolution No. 3304 , which orders Eminent Domain
proceedings on the Gelhaye/Railroad property in conjunction with
the 5th Avenue Project.
BACKGROUND:
Legal Council for the City of Shakopee, Rod Krass, has indicated to
the City Council of Shakopee that all properties associated with
the 5th Avenue/Market Street project can withstand the proposed
special assessments with the exception of the Gelhaye/Railroad
properties located north of 5th Avenue and west of Market Street
(See attached property location map) . The main reason that these
properties can not be assessed is due to numerous, small odd shaped
lots created by the vacant railroad property running through this
area. All of these lots are too small, for development as they
currently exist.
The City' s Appraiser, Patchin & Associates, also indicated in his
appraisal report that these lots should be acquired and assembled
in order to be able to levy any assessments against the property.
Attached are copies of the maps from the appraisal report showing
the existing property lines for this area and the proposed
assemblage.
Staff has informed the City Council several times that these
parcels would need to be acquired and assembled in order to make
this project financially feasible, but felt it would be fruitless
to order condemnation proceedings to proceed on these parcels until
the Council reordered the improvements. On September 18 , 1990 the
City Council held a second public hearing and subsequently re-
ordered the improvements.
Also attached is recent correspondence from Mr. Krass regarding the
necessity for condemning these parcels and the legal ramifications
of this action.
ALTERNATIVES:
1. Adopt Resolution No. 3304 .
2 . Deny Resolution No. 3304 .
? &
RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Offer Resolution No. 3304 , 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
MEM3304
f7 $
RESOLUTION NO. 3304
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 said 5th Avenue
from Fillmore Street to Market Street and for the purpose to secure
the necessary easements;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE AS FOLLOWS:
1. Acquisitioned by the City of the easements 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 Statutues, 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
, 1990.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of , 1990.
City Attorney
5
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5th AVE. IMPROVEMENTS
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ATTACHMENT 2
law offices
Phillip R.Krays*; � /� (�SRandy B. Evans
Dennis L.Monroel��/ \U Lachlan B.Muir
Barry K.Meyer e�.` ?«4• `i James B.Croft
Jay U Goldberge� Colleen M.Trende
Mark J.Moxnessx _ 0� R E NOV— 21990 Orlin U Te Slaa+
Chartered
Trevor R.Walsten s, Patricia A.Weller
,CITY V� SHAKOPEE;
Diane M.Carlson Patrick J.Sweeney
Murray R.Klane , Certified Civil hal Slrxialist
#Also Admitted in Wisoinsin
October 31, 1990 xAlso Admitted in California
+Also Admitted in South Dakota
The Honorable Mayor and
City Council
City of Shakopee
129 East First Avenue
Shakopee, MN 55379
Re: Fifth Street Condemnation
Our File No. 1373-222
Dear Mayor and Council Members:
Dave Hutton contacted me this week and indicated that the
Council has decided to go ahead with the Fifth Street condemnation
for the parcel of land for the construction of the street only.
I think an explanation of the effect of that determination
needs to be made.
Mr. Hutton can or has already given you figures relative to
the cost of putting in Fifth Street and I assume you expect to
assess that cost to the adjoining property owners . The difficulty
in doing so lies on the north side of the east half of this Fifth
Street extension where the property is divided by the old railroad
right-of-way into a section north of the railroad right-of-way, a
section south of the railroad right-of-way, the old railroad right-
of-way itself, and a small piece on the east side of that block.
The long and the short of it is that I do not believe any of those
parcels are by themselves developable and therefor will receive no
benefit from the street or the utilities, thus making them
unassessable.
If you were not counting on assessing the north side of the
east half of Fifth Street and if the feasibility of the project
does not depend on that particular section being assessed, then
there is no problem.
If, however, you require the assessment of that parcel to make
the project financially feasible, the only way it can be done is by
condemning the east half of that block in order to assemble and
reconvey to a developer the assembled parcels thus making the
assembled single parcel economically developable and therefore
assessable.
Reply to:Marschall Road Business Center.327 Marschall Road.P.O.Box 216.Shakopee.Minnesota 55379'telephone:(612)445-5080 FAX(612)445.764(1
Southpoint Center.Suite 1100. 1650\\ist 82nd Street.Bloomington.Minnesota 55431'telephone:(612)885-5999 FAX(612)885-5969
/ ? C
Mayor and City Council
October 31, 1990
Page Two
If you decide upon condemning the east half of the block, it
should be done in conjunction with the condemnation of the street
area. I believe the condemnation for assembly is a "public
purpose" under the eminent domain law, but I know attorneys who do
not agree with that view. I am pointing out that there is some
small risk that the property owners in question could successfully
contest our effort to acquire the east half of the block for
assemblage. I think, however, we would be successful .
Please let me know what approach you wish to take in this
matter and I will refrain from commencing the Fifth Street
condemnation until you decide. Thank you.
Very truly •ou%rs,
KRASS & 0 CHARTERED
P�� ' • R. Krass
torney at Law
PRK/mlw
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'atricia A.\d:e:
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Dine.M.C r. on
Nlurrry R.
October 31, 1990 :-'`'
,.::;I:ILY;'r...^i.'.:1 i ilt l'�I
The Honorable Mayor and
City Council
City of Shakopee
129 East First Avenue
Shakopee, MN 55379
Re: Fifth Street Condemnation
Our File No. 1373-222
Dear Mayor and Council Members:
Dave Hutton contacted me this week and indicated that the
Council has decided to go ahead with the Fifth Street condemnation
for the parcel of land for the construction of the street only.
I think an explanation of the effect of that determination
needs to be made.
1
Mr. Hutton can or has already given you figures relative to
the cost of putting in Fifth Street and I assume you expect to
assess that cost to the adjoining property owners . The difficulty
in doing so lies on the north side of the east half of this Fifth
Street extension where the property is divided by the old railroad
right-of-way into a section north of .the railroad right-of-way, a
section south of the railroad right-of-way, the old railroad right-
of-way itself, and a small piece on the east side of that block.
The long and the short of it is that I do not believe any of those
parcels are by themselves developable and therefor will receive no
benefit from the street or the utilities, thus making them
unassessable.
If you were not counting on assessing the north side of the
east half of Fifth Street and if the feasibility of the project
does not depend on that particular section being assessed, then
there is no problem.
If , however, you require the assessment of that parcel to make
the project financially feasible, the only way it can be done is by
condemning the east half of that block in order to assemble and
reconvey to a developer the assembled parcels thus making the
assembled single parcel economically developable and therefore
assessable.
Re0 tc.r. Maricat.Roai Business Center.327 Mu15%I1lif Rixlci. tic,x 216.Sriaaapee.14r.eeso:a 35379'1bILphoc: :;01 •H5-5080 F.\ 6121•i'i5.761G
Soutpcl rt Gerue•.SJI1i'':10x).1630\*jt 82nd Sa.rl `.Rtl:::nin t(x?.\1.nnesc%L: =:'.I Te:en:l ie!!6I2+88:7,-5999 FAX c612i 8:35 59cia
2.00 • 3Skld 33dO)itiHS 01 30dtlOW aN0 SSHd>1 WOdd CO :E I Ol ; I OON
* 00 • H '3nd 1101 : Q
Mayor and City Council
October 31, 1990
Page Two
If you decide upon condemning the east half of the block, it
should be done in conjunction with the condemnation of the street
area. i believe the condemnation for assembly is a "public
purpose" under the eminent domain law, but I know attorneys who do
not agree with that view. I am pointing out that there is some
small risk that the property owners in question could successfully
contest our effort to acquire the east half of the block for
assemblage. I think, however, we would be successful .
Please let me know what approach you wish to take in this
matter and I will refrain from commencing the Fifth Street
condemnation until you decide. Thank you. •
Very truly ,o rs,
I
KRASS & 0 r CHARTERED
1). 1 ' 4 R. Krass
• torney at Law
PRK/mlw
17 b
TO: Dennis R. Kraft, City Administrator
FROM: Gregg Voxland, Finance Director
RE: 1990 Budget Amendment Resolution No. 3302
DATE: October 22, 1990
Introduction
Due to discussion and previous Council action, an amendment to the 1990
Budget is in order.
Background
Council has discussed drawing down the General Fund Fund Balance in 1990.
Resolution No. 3302 amends the 1990 budget to provide for such a draw down. The
remaining General Fund Fund Balance is at an estimated 25% of 1991 General Fund
proposed expenditures. The beginning of year unreserved fund balance was
$1,755,000 and 25% of 1991 proposed expenditures is $1,152,000, leaving about
$600,000 available or over Council's new target of 25% fund balance.
Alternatives
1. Status Quo.
2. Approve Resolution No. 3302 and make transfer.
3. Approve resolution and transfer in some other amount.
Action
1. Offer Resolution No. 3302 A Resolution amending Resolution No. 3159 Adopting
the 1990 Budget and move its adoption.
2. Move to transfer $600,000 from the General Fund to the Capital Equipment
Fund.
i ? e
RESOLUTION 3302
A RESOLUTION AMENDING RESOLUTION 3159 ADOPTING THE 1990 BUDGET
WHEREAS, the City Council has adopted a budget for the fiscal year, and
WHEREAS, changing conditions and circumstances warrant amending the budget,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,
MINNESOTA, that the appropriations are increased as follows:
Fund Account Division Amount
General Transfers Unallocated $600,000
Capital Equipment Transfers In $600,000
and the increases are offset or funded by increases (decreases) in the following
accounts:
Fund Account Division Amount
General Fund Balance $600,000
Capital Equipment Fund Balance $600,000
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of , 1990.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of , 1990.
City Attorney