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HomeMy WebLinkAbout09/04/1990 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: August 31, 1990 1 . Attached is a copy of an article regarding Information Management from the City Planner. 2 . Attached is the September calendar of Upcoming Meetings. 3 . Attached is correspondence from Western Gas Utilities, Inc. regarding acceptance of Ordinance #291 . 4 . Attached is the Newsletter to Council from the Police Department. 5 . Attached is the September Business Update from City Hall . 6 . Attached are the minutes from the August 9 , 1990 meeting of the Planning Commission. 7 . Attached are the minutes from the August 9, 1990 meeting of the Board of Adjustment and Appeals. 8 . Attached is the September 6, 1990 agenda for the Planning Commission. 9 . Attached is the September 6, 1990 agenda for the Board of Adjustment and Appeals. 7'7; / "t---) : cls Cct ri144 , LfNcOa The INiFolz,14.41-7,,,,if Ai 4 /logy/0yr •y .. .::........ _....... . . ..... ..• 010111a. ....., ' 1- . _ ' • sof.... .:.— 60 ;01.--.F.- Beach 1, ,A .,.- . i lyi; n. .1 4., ..„„ :Ie..% 7 . . Olt 1 . . '",i Ilist"frIl :'Ila . 1 \1 • ',W.". 1°. tt.,,,..„:: IS ;. . •_ .....„. L . . .f. h • ...„.. • , _ , ../4„ . ..,....._.w. ,....,.. . .... f..„. . ... ,....... . . 1. z ._..........• _.".n6 . •. ____ •.• � .a t . i r - Back ! c 4 r .- 1 Allan E. Alter A new city government came to power in Information technology, although less visible 1983, pursuing a new economic-development informa- than the fancyshops and art deco hotels, is policy and a different approach to ption technology. [he change appears to be part of the Miami Beach renaissance. bringing the good times back to this city of approximately 100,000. Today's Miami Beach is a place where According to City Manager Rob W. computers help drive out slumlords, board Parkins. the city government is making "mea- surable progress" toward its major goals— up crack dens, and tear down abandoned attracting new residents. developers, and busi- buildings. nesses. Young Miami-area professionals and -- their families are moving to Miami Beach. according to a 1988 study conducted by the city government. Property values began to rise in 1986 and have now regained the previ- Can information technology help a de- ous high recorded in 1983. Likewise, develop- dining city become prosperous again? ers are returning to town:The first major new The city of Miami Beach. Florida, is resort hotel in 20 years and an ambitious per- making a persuasive case for answering forming-arts center are in the works. "yes." Signs of returning prosperity are visible Sand and sunshine made Miami Beach one throughout Miami Beach. Older buildings. in- of America's premiere resorts in the 1950s eluding the trademark art deco towers of and '60s. But by the early '80s, Miami Beach downtown Miami Beach. are being refur- had fallen on hard times. Competition from bished. A marina and a new convention cen- new vacation resorts, an influx of elderly ter capable of holding 30,000 people have residents on fixed incomes, the flood of Cu- been built. Boutiques are beginning to return ban refugees who arrived in the Mariel to Lincoln Road, an exclusive shopping dis- boatlift in 1980, as well as misguided city trict in Miami Beach's heyday. And the government policies, brought poverty, drugs. South Beach area, once badly deteriorated. and crime to the city and drove away busi- has become a fashionable residential district ness and developers and a center for nightlife. Information technology (IT), although less v an Alter .enwr editor or cro magazine.Framingham. visible than the fancy shops and art deco ho- \lasaadhuseus. tels, is just as much a part of the Miami PM June 190,0 tivity are targeted by a special interagency clerks work more quickly because the turn- task force on abandoned buildings. Once around time on an application is monitored, identified. these buildings are presented to and the computer creates a permanent record the city's Unsafe Structures Board. The own- of which proposals within a plan are approved ers are given 30 days to obtain permits to fix and rejected. according to Gioia. the buildings. If they don't, the buildings are This system sends an important message to demolished or boarded up and made "rutin- the business community, he said. "If we can habitable and impregnable," Gioia said. get out a permit in one day, does that create "In this way, Miami Beach can rid itself of an [atmosphere] where you want to establish havens for crack," Gioia continued. "This your business here? We say yes. When a corn- gets rid of the slumlord syndrome of the past. munity such as ours creates an environment Before, slumlords said, 'I'll let them catch up committed to economic development, people with me.' Now, they are right in front of our feel it." noses." And any high-handed landlords who Miami Beach's land-management system try to sidestep the board by appealing to City has found other uses. It helps the city rind Manager Parkins are wasting their time. new homes for residents of condemned build- Parkins said he can call up the building on ings. The system notifies the city of any his own PC, and show the landlord the city's buildings that are due for safety inspections. records of violations, reports, and complaints. And city officials rely on the system to iden- Demolishing buildings has its advantages, tify areas where development is lagging, and said Gioia. "It's more appealing for an entre- plan development efforts. preneur to see empty lots on the beach, As part of Miami Beach's state-funded rather than deteriorated buildings." "Safe Neighborhoods Project," the Depart- Miami Beach's city government has made merit of Economic and Community Develop- a fundamental policy choice. Unlike some ment (DECD) compares crime statistics with other local governments, which have devoted neighborhood characteristics, according to their IT efforts to improving the delivery of DECD Director Stuart L. Rogel. "The crime such social services as welfare, Miami Beach statistics tell us which neighborhoods to focus has chosen to focus on encouraging develop- on, and where the physical improvements (to ers and business to come back to the city. (In street lighting, landscaping, and sidewalks] any case, according to Parkins, most social need to be made," Rogel said. The DECD re- services are provided by the county.) The lies on a computerized mapping system, same computers that may trigger the board- which incorporates some of the same fin- ing up of poor residents' apartment buildings formation used in the land-management sys- are later used to help rind them new homes. tern, to track which neighborhoods and build- However, the primary goal of the city's IT ings offer developers certain tax breaks. use is a resurrected Miami Beach that will be "When you fix storefronts on a certain street. an expensive place to live, according to Eddie you can get more bang for your dollar than in Cox. Parkins' executive assistant. another area," Gioia said. Salesmanship and public relations are as vital a part of economic development as is planning. Rogel must sell developers and The 'city on the upswing' message is getting businesspeople on Miami Beach. and the land-management system provides him with i out. The local media have published several the ammunition he needs. Should a potential upbeat articles based on computerized investor call for specific information, the L database can come up with it quickly. If demographic data. someone wants a list of available properties. the system can print an up-to-date list. Rogel's department scours the database to identify favorable economic and demographic But IT does more than give a green light to trends in Miami Beach. In addition to using bulldozers. Through the land-management it for the city's planning purposes. this data is system, developers can quickly obtain accu- publicized through press releases and reports rate information about available sites and ex- designed to lure potential investors and resi- isting structures. It has also simplified and dents. The "city on the upswing" message is sped up the planning and permit process. getting out. The Miami Herald and other "If someone wants to open a business, they local publications have published several can get a permit in two hours." said Gioia. upbeat articles on Miami Beach. based on Major real-estate developments. which for- this data. merly took from two to four months to be Rogel also uses computer-enhanced phocog- ' approved, can now be done in one to four raphy to help sell potential projects to city weeks. Records are no longer lost, permit officials and the public. "We take a picture PM June '.')91) i i / tions made by the system for"tremendously One of Liu's more important initiatives was increasing the number of arrests." the creation of a PC-based financial trend- The police are now experimenting with mo- monitoring system. It uses city and state ti- bile digital terminals for squad cars, accord- nancial data to analyze current and projected ing to Glassman. These will allow officers to expenditures on a quarterly basis. Together conduct a computer check of suspicious indi- with the city's practice of closing its books viduals and cars directly from police cruisers. monthly, the system has helped"ensure the Currently, officers must ask dispatchers to financial health of the city on a day-to-day conduct computer checks for them.The new basis," according to Liu. "It helps ensure that system, Glassman believes, will put an end to funds are available to carry out programs. by the wait for a free dispatcher. Laptops and projecting whether a department will be un- electronic mail for officers are on the way, he der or over budget for the year. This enables continued. "This will save us a lot of valuable departments to take quick corrective action, time now spent just handling paperwork and he said. For example. police-department over- reports," Glassman said, and eliminate data time is always a problem. We can better entry staff. monitor their overtime expectations and Nevertheless, Glassman refuses to claim projections." that technology has reduced crime in Miami As with Rogel. Liu uses computers to Beach. or that it is primarily responsible for make his case to other officials and the pub- the city's higher arrest rate. "What we can lic—in particular, with laser printers and say is that computers help us be more effi- graphics packages. "Seventy to 80 percent of cient and find information that we have our work in budget is to prepare presenta- stored away. [Technology] is a tool to help us tions, to influence policy. Anyone can add 2 do our job, no question." Ironically,said City plus 2. It's how the 4 is presented." Manager Parkins, because Miami Beach now According to City Manager Parkins, Liu's has "a better system for reporting crimes, we computer advocacy has inspired others to now have a higher crime rate." automate. For example, the city attorney's of- fice now mails diskettes containing contract proposals and pleadings, rather than paper. A Tool for Fiscal Stability "If we make a counteroffer, we don't have a Two of the greatest enemies of government document with a million amendments going are runaway spending and out-of-whack bud- back and forth," said Liu. "It saves time re- gets. Without funds, programs wither. And typing, and results in professional looking controlling finances can be especially difficult documents."The personnel department uses for depressed municipalities with diminished PCs to track applicants for positions. And re- tax bases. Managing the budget has been the cently, Liu computerized the climate-control job of Peter F. Liu, director of Miami and energy-management system in city hall. Beach's Office of Management and Budget "We have saved a lot [of money] through (OMB). Liu was a leader in the drive to use computers in general," said Liu. "I have no computers as a tool for fiscal stability. idea how much, and I refuse to think about "When I joined the city in 1983," he said, it. It's academic. The value of computers is "the budget was prepared manually on calcu- getting the product out, the program dont. lators."The city's financial records then re- We are in the business of providing an imme- \ sided on a mismanaged Burroughs mainframe diate service. If we keep other people happy 1 that was unable to download to PCs. with fast, reliable information, we are doing 1 Liu arrived in Miami Beach after the deci- what we, in government. arc supposed to be sion was made to move the city's financial doing." PM data to a Hewlett-Packard 3000 that had been purchased by the previous administra- This article is rcPnnteci with permission from the February 1990 issue of CIO magazine.published by LOG C.mmumcations.Fra- mingham.used. Massachusetts. missionary, he pioneered the practice of down- and uploading the HP data to PCs for financial and budgetary analysis. Not only did he introduce PCs to OMB's staff but he eventually won over most financial managers in other departments to microcomputers. Ac- cording to Liu. OMB uses the HP 3000 as a Coming Next Month: giant spreadsheet to analyze budget data on a Police Management citywide basis, while departmental financial managers prepare their budgets on their own IssuesPCs. In addition, the HP 3000 gives Liu the ability to monitor real-time financial data and generate detailed financial reports. PM Jure 940 September Upcoming Meetings SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 City Hall 7:00pm City 7:30pm Closed - Council Planning Labor Day Meeting Commission 9 10 11 12 13 14 15 4:30pm 7:'-f5e,r.. . . . ..... _ - Public Downtown Utilities Committee 16 17 18 19 20 21 22 7:00pm 7:00pm City 5:30pm CDC Community Council 7:00pm Services Meeting Energy & Transport- ation 23 24 25 26 27 28 29 30 Flugus t October SMTWTFS SMTWTFS 1 2 3 4 1 2 3 4 5 6 5 6 7 8 9 10 11 7 8 9 10 1 1 12 13 12 13 14 15 16 17 18 14 15 16 17 18 19 23 19 20 21 22 23 24 25 21 22 ' 23. 24 ' 23 -28-27 26 27 28 29 30 31 26 ' 2 y ' 3 1 : r 3 08/21/1990 3 SERVING NATURAL GAS S T N G A.STO COSMOS,MN .- — — DELANO.MN UTILITI 'S, INC. GREENMN 3900 WASHINGTON AVE. NO. HwMBURG.uRc,MN INDEPENDENCE.MN MINNEAPOLIS, MN 55412-2199 MONTROSE.MN WATERTOWN,MN WAVERLY,MN AUGUST 17 , 1990 AUG 2 1 1990 MS. JUDY COX, CLERK • • CITY OF SHAKOPEE 4. 129 EAST 1ST AVE . •-- SHAKOPEE, MN 55379 SUBJECT: ACCEPTANCE OF ORDINANCE #291 . DEAR MS. COX: FORWARDED HEREWITH PLEASE FIND WESTERN GAS UTILITIES, INC. ACCEPTANCE OF ABOVE SUBJECT ORDINANCE. SHOULD YOU HAVE ANY QUESTIONS PLEASE CALL ME AT 529-9276. RESPECTFULLY YOURS, e00;e#:;t I ARTLEY EDQN� VICE PRESIDENT ACCEPTANCE OF ORDINANCE KNOW ALL MEN BY THESE PRESENTS : THAT WHEREAS THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA DID ON THE 7TH DAY OF AUGUST, 1990, PASS, ADOPT AND APPROVE AN ORDINANCE DESIGNATED NO. 291, WHICH ORDINANCE WAS ENTITLED: AN ORDINANCE OF THE CITY OF SHAKOPEE, SCOTT COUNTY, MINNESOTA, GRANTING TO WESTERN GAS UTILITIES, INC. , A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANS- PORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC GROUND OF THE CITY OF SHAKOPEE, MINNESOTA FOR SUCH PURPOSES; AND PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF; AND WHEREAS, THE SAID ORDINANCE HAS BEEN DULY ENACTED ACCORDING TO LAW AND IS NOW IN FULL FORCE AND EFFECT; NOW, THEREFORE, WESTERN GAS UTILITIES, INC. , A MINNESOTA CORPORATION, FOR ITSELF AND ITS SUCCESSORS AND ASSIGNS DOES HEREBY ACCEPT THE ABOVE-ENTITLED ORDINANCE AND ALL THE TERMS AND CONDITIONS THEREOF. IN WITNESS WHEREOF THE SAID WESTERN GAS UTILITIES, INC. HAS CAUSED THIS INSTRUMENT TO BE EXECUTED IN ITS NAME AND BEHALF BY ITS DULY AUTHORIZED OFFICIALS AND ITS CORPORATE SEAL TO BE AFFIXED THIS 9TH DAY OF AUGUST, 1990 . WESTERN GAS UTILITIES, INC. IN PRESENCE OF: ' AUL . V 'P , PRESIDENT Lo-&-r BY ART LEY MED N, ICE-PRESIDENT J BUSINESS UPDATE FROM CITY HALL Vol. 4 No. 9 Dear Chamber Member: September 1, 1990 ADMINISTRATION At their regular meeting on August 7th the City Council unanimously selected the Marquette Bank Building for the new city hall site. On August 21st, Council decided to utilize the dollars set aside in the city hall fund to pay for the acquisition instead of selling general obligation bonds. Council also directed staff to secure an appraisal of the property prior to the commencement of formal negotiations. CITY CLERK September 11, 1990 PRIMARY ELECTION polls open from 7 : 00 AM to 8 : 00 PM. Polling places in Shakopee are: First Precinct - Fire Station - 334 West 2nd Ave. Second Precinct - Shakopee Public Library - 235 South Lewis Third Precinct - Presbyterian Church - 909 S. Marschall Rd. Fourth Precinct - Eagle Creek Thrift Shop - Jct. C.R. 83 & C.R. 16 Fifth Precinct - Shakopee Community Youth Building - 1121 West 11th Avenue (Lions Park) (This is a change from Christ Lutheran Church) COMMUNITY DEVELOPMENT Since March of 1989 , the City of Shakopee has been collecting revenues from the sale of recyclables collected through the City' s refuse/recycling collection program. It was the intention of the City to pass these revenues on to persons who have been recycling. In September, the Energy and Transportation Committee will be discussing and proposing the method of crediting Shakopee residents who are reducing their solid waste by recycling. In September, the Downtown Committee will be discussing design standards for wall murals within the B-3 Zoning District. At this time, wall murals are permitted upon securing a conditional use permit. The Community Development Commission has requested the Downtown Committee to investigate the development of formal design standards that can be applied by staff in lieu of the more formal conditional use process. POLICE WHAT TO DO ON A TRAFFIC STOP Most people are courteous, law abiding drivers and have never been stopped by a police officer. They often ask, "What should I do if I 'm stopped?" FIRST, STAY CALM. The officer may wish to bring something as innocent as a burned out tail light to your attention for your own safety and that of other motorists. SECOND, DON'T BE IMPATIENT. Turn on your right signal to let the officer know you see him and are looking for a safe place to pull over. Pull over and stop as soon as you come to a place where you and the officer can safely do so. THIRD, DON'T GET OUT OF YOUR CAR unless the officer asks you to do so. Keep your hands in plain sight near the top of the steering wheel so the officer can see you are not armed. If you have passengers with you, make them stay in the car too. FINALLY, DON'T GET ANGRY. This will only make things more unpleasant for everyone involved. These tips apply anyplace. Please be courteous and drive safely. PUBLIC WORKS/ENGINEERING Adams St. Project between 3rd & 6th Avenue is now underway. Northwest Asphalt is the general contractor on this project. Work is also underway on Valley Industrial Blvd. North. S.M. Hentges is the general contractor. Lewis St. Project and Killarney Hills Project are both making progress and have been paved. Staff anticipates a timely completion on these projects. SHAKOPEE COMMUNITY RECREATION (S.C.R. ) With summer now history S.C.R. has geared up for fall and a number of activities have begun or soon will be under way including: Grade 3-4 Football , Grade 5-6 and 7-8 Tackle Football, Adult Touch Football, Grade 3-4 Basketball, Grade 7-8 Cross Country, Grade 7-8 Girls Volleyball, Gymnastics, Ice Hockey Registration, Grade 1-2 and 5-6 Cheerleading (Grad 3-4 occurs in winter) , Trip to Shrine Circus, Dog Obedience Instruction, Womens Exercise, Square Dances and Lessons. S .C.R. ' s Fall Brochure was scheduled to arrive in local mail boxes the first week of September. It again was printed in cooperation with Shakopee Community Education. PLANNING COMMISSION MEETING MINUTES Regular Session Shakopee, Minnesota August 9 , 1990 MEMBERS OF THE COMMISSION: Kahleck, Spurrier, Rockne, Lynch, Joos, Allen and Christensen MEMBERS PRESENT: Kahleck, Spurrier, Rockne, Lynch, Joos, Allen and Christensen MEMBERS ABSENT: None OTHERS PRESENT: Lindberg Ekola, City Planner Dave Hutton, City Engineer Jane VanMaldeghem, Recording Secretary A. ROLL CALL - Chairperson Kahleck called the meeting to order at 7 : 32 p.m. Roll call was taken and noted as referenced above. B. APPROVAL OF AGENDA - Chairperson Kahleck stated that discussion on the street lighting policy (item #9) had been postponed to a later date at the request of the City Planner, and discussion on the Comprehensive Plan would be held under other business. The agenda was approved with the changes noted. C. APPROVAL OF MEETING MINUTES - The meeting minutes for July 12 , 1990 were approved as submitted. D. RECOGNITION OF INTERESTED CITIZENS - Chairperson Kahleck recognized anyone in the audience who wished to speak on any non-agenda item. There was no response. E. REVIEW OF CONDITIONAL USE PERMIT NO. 572 - The City Planner stated this is a review of a conditional use permit issued to Charles Ritchart, 2287 Eagle Creek Boulevard, for operation of a wood finishing and repair shop. The City Planner stated that on August 3 , 1989 , the Planning Commission had granted a conditional use permit to Mr. Ritchart allowing for the operation of a custom wood finishing and repair shop at 2287 Eagle Creek Boulevard. One of the conditions was for a review to be held by the Planning Commission in one years ' time. The City Planner further stated that if the review is approved, there will be no subsequent reviews, but the remaining existing conditions of the conditional use permit would remain Minutes of the Page -2 Shakopee Planning Commission August 9, 1990 in force. He also stated that no complaints had been received and therefore, the staff was recommending approval of the review. Joos/Christensen offered Conditional Use Permit No. 572 and approved the review. Motion carried unanimously. F. 7 : 40 P.M. PUBLIC HEARING: NORTH STAR AUTO AUCTION - Chairperson Kahleck opened the public hearing on the request for a conditional use permit to exceed the height restrictions on fencing. City Planner stated that the applicant is requesting a conditional use permit to allow for the construction of an 8- foot security fence in an I-2 (heavy industrial) zone. He stated that staff is recommending approval, with conditions. Chairperson Kahleck asked if anyone in the audience wished to be heard on this request. The representative for the applicant, Kelly Conger, was present for discussion. There were no comments. Chairperson Kahleck closed the public hearing. Rockne/Allen offered Conditional Use Permit Resolution No. 596, and moved for its adoption subject to the following conditions: 1) The fence shall be constructed as shown on the plans submitted with the conditional use permit application. 2) The fence shall be limited to 8 feet in height. Motion carried unanimously. Commissioner Spurrier noted for the record that this project is an excellent example of the need for site plan review. The perimeter landscape treatment should be address in the upcoming Code update process G. 7 : 50 P.M. PUBLIC HEARING: STEVE CASSEM - Chairperson Kahleck opened the public hearing on the request for a conditional use permit to consider a home occupation in an R-1 district. The City Planner stated that the applicant, Steve Cassem, of C Minutes of the Page -3 Shakopee Planning Commission August 9, 1990 1794 County Road 18 , is requesting a conditional use permit to allow for a vacuum cleaner repair shop as a home occupation. The planner stated the application had been initiated after a complaint was received on the existing signage. He stated the home occupation has been operating from the applicant' s garage. He added that no other complaints had been received and based on code considerations, staff is recommending approval, with conditions. Chairperson Kahleck asked from comments from the audience. The applicant, Steve Cassem, was present for discussion. There were no comments. Chairperson Kahleck closed the public hearing. Spurrier/Christensen offered Conditional Use Permit Resolution No. 595 and moved for its approval, subject to the following conditions: 1) The business operation must be contained in the existing garage. No outdoor storage to be permitted. 2) All customer parking must be located near the existing garage (shop) and at least 250 feet from the east property line. 3) Signage is limited to that allowed by ordinance only. Any portable signage must be removed from areas visible to all public roads. 4) If complaints to city staff in the future on this conditional user permit warrant a review by the Planning Commission, the City Administrator shall have the authority to require such a review. Motion carried unanimously. H. DISCUSSION: FENCES IN RESIDENTIAL AREAS - Mr. Ron Solseth, Limestone Drive, Shakopee, was present for discussion with the Planning Commission on this issue. He stated his concerns as: upkeep for existing fences, materials used in the construction of fences, setbacks be maintained, and inspections be routinely conducted. Mr. Solseth presented pictures to the commission illustrating the conditions of some of the existing fencing in his area. He stated fences in the condition, as those pictured, were hazardous. He asked who was maintaining the control for Minutes of the Page -4 Shakopee Planning Commission August 9, 1990 proper fencing and added that if the City is going to have a fencing ordinance, the codes should be enforced. Commissioner Christensen stated her agreement that all City Codes should be enforced and questioned the procedure necessary to reach this goal . Chairperson Kahleck responded that she and other members of the Planning Commission had approached the City Council requesting a code enforcement officer. They had been informed that there was no budget set aside for additional personnel. Commissioner Spurrier suggested the code on fencing be looked at during the Planning Commission update of the Comprehensive Plan. He informed Mr. Solseth this suggestion was not to be misconstrued as a delay tactic, because the Comprehensive Plan is scheduled to be updated within the next few months. The City Planner stated that Mr. Solseth had the right to file a complaint with the City regarding the fences in his neighborhood, and that all complaints received by the City are followed up. Commissioner Christensen directed staff to prepare a directive to the City Council addressing the comments made tonight on code enforcement and that in lieu of a code enforcement officer alternatives in getting the codes enforced be recommended. I. STREET LIGHTING POLICY - City Planner stated this item is being postponed because a vast amount of information had just been received by City staff, and there had been no time in getting this material to the commissioners. J. OTHER BUSINESS : APA MEMBERSHIP - The commissioners received an invitation to join the American Planning Association. The cost is $32 , with a $10 coupon provided from city staff. The City Planner stated this is an excellent organization and recommended membership. K. OTHER BUSINESS: COMPREHENSIVE PLAN UPDATE - The City Planner reviewed the outstanding issues that needed to receive approval from the commissioners before final Minutes of the Page -5 Shakopee Planning Commission August 9, 1990 recommendation could be forwarded to the City Council. L. 1991 - 1995 CAPITAL IMPROVEMENT PROGRAM - The City Engineer was present for discussion on the Capital Improvement Program. He provided an overview of the 1991 Capital Improvement budget. He recommended that the Muhlenhardt Road project be given a higher priority than indicated since upkeep of this road was getting expensive for the City. Discussion was also held on city sidewalks. Spurrier/Allen moved to recommend to the City Council that the construction of a sidewalk from County Road 16 to 10th Avenue on the east side of County Road 17 be included in the 1991 Capital Improvement Program. Motion carried unanimously. Joos/Allen moved to approve the 1991 - 1995 Capital Improvement Program, as amended, and forward this recommendation on to the City Council. Motion carried unanimously. M. NON-AGENDA INFORMATIONAL ITEMS - Commissioner Allen asked that a letter be written to City staff and the City Council indicating appreciation of the family picnic. N. ADJOURNMENT - The Planning Commission meeting was adjourned at 10 p.m. BOARD OF ADJUSTMENTS AND APPEALS MEETING MINUTES SHAKOPEE, MINNESOTA Regular Session August 9, 1990 MEMBERS OF THE BOARD: Allen, Christensen, Joos, Kahleck, Rockne Spurrier and Lynch MEMBERS PRESENT: Kahleck, Joos, Allen, Lynch, Christensen, and Spurrier MEMBERS ABSENT: Rockne OTHERS PRESENT: Lindberg Ekola, City Planner Jane VanMaldeghem, Recording Secretary A. ROLL CALL - Chairperson Kahleck called the meeting to order at 7 : 30 p.m. Roll call was taken as noted above. B. APPROVAL OF AGENDA - There were no changes to the agenda, so the agenda was approved as submitted. C. APPROVAL OF MEETING MINUTES - The meeting minutes of July 12 , 1990 were approved as submitted. D. RECOGNITION OF INTERESTED CITIZENS - Chairperson Kahleck recognized anyone in the audience wishing to speak who were not noted as an agenda item. There was no response. E. INTRODUCTION OF NEW BOARD MEMBER - Chairperson Kahleck introduced Joan Lynch, newly appointed commissioner, to the rest of the Board of Adjustments and Appeals. F. ADJOURNMENT - Meeting was adjourned at 7 : 32 p.m. TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, MN September 6, 1990 Chairperson Melanie Kahleck Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of August 9 , 1990 Meeting Minutes 4 . Recognition by Planning Commission of Interested Citizens. 5. 7 : 40 P.M. PUBLIC HEARING: Conditional Use Permit to consider a chapel in a residence in a R-1 district at 8708 Boiling Springs Lane. Applicant: Patricia Louise Green Action: Conditional Use Permit # 597 6. 7: 50 P.M. PUBLIC HEARING: Preliminary Plat - Valley Park 10th Addition. Applicant: Valley Industrial Realty - Jon Albinson Action: Approve Preliminary Plat 7 . Comprehensive Plan - Final Draft Recommendations and Approval 8 . Street Light Policy Development 9 . Enforcement Policy Development (Verbal) 10. Other Business a. b. c. 11. Non-agenda Informational Items 12 . 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. TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN September 6, 1990 Chairperson Melanie Kahleck Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of August 9 , 1990 Meeting Minutes 4 . Recognition by Board of Adjustments and Appeals of Interested Citizens. 5. 7 : 30 PUBLIC HEARING: To consider a request for a seven (7) foot variance from the required 20 foot side yard setback on the property at 1008 South Market Street. Applicant: John J. McGovern Action: Variance Resolution #598 6. Other Business a. b. c. 7 . 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. / OFFICIAL PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 7, 1990 Chairman Vierling called the meeting to order at 7 : 04 p.m. with Comm. Zak, Sweeney, Wampach and Clay present. Also present were Dennis Kraft, City Administrator; Barry Stock, Asst. City Administrator; Dave Hutton, City Engineer, Julius A. Coller II, City Attorney and Judith S . Cox, City Clerk. Wampach/Zak moved to approve the minutes of July 3 , 1990 . Motion carried with Cncl . Clay abstaining. Barry Stock reviewed the issue of the Evaluation of Pelham Hotel Site. He said the site is two city lots at a cost of $125, 000. 00. Cncl . Sweeney asked if there has been any interest thus far from any developers on developing this property. Barry replied there has not been any inquiries. Cncl . Clay said he feels there is a problem with parking in the downtown area and the City should look into purchasing this piece of property until the future bypass comes in and other plans could be made. No action was taken. Sweeney/Clay moved to authorize the appropriate HRA officials to advertise the sale of Lots 8 - 10, Block 7 , Original Plat of Shakopee specifying a minimum acceptable bid of $30, 000 . 00. Motion carried unanimously. Sweeney/Clay Offered Resolution No. 90-1, A Resolution requesting the Shakopee City Council to consent to the levy of a Special Tax by the Housing and Redevelopment Authority in and for the City of Shakopee and moved for its adoption. Motion carried unanimously. Clay/Sweeney offered Resolution No. 90-2 , A Resolution Adopting a General Fund Budget for 1991 and moved its adoption. Motion carried unanimously. Clay/Zak moved to adjourn. Motion carried unanimously. Meeting adjourned at 7 : 26 p.m. Dennis Kraft, City Administrator Carol Schultz Recording Secretary TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 4 , 1990 Mayor Gary Laurent presiding 1] Roll Call at 7: 00 P.M. 2] Approval of Agenda 3] Recess for H.R.A. Meeting 4] Re-convene 5] Liaison Reports from Councilmembers 6] Mayor' s Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *9] Approval of Minutes of August 15th and 21st, 1990 10] Communications: a] Julius A. Coller, II re: sewer outlet at 434 Lewis b] 11] Public Hearings: a] 7 : 30 P.M. - Sidewalk Replacement Program for properties East of Lewis, South of 4th Avenue and North of 10th Avenue found to have sub-standard sidewalk - Res. No. 3279 b] 8 : 00 P.M. - Proposed Assessments for the 3rd Avenue Reconstruction Project 1989-5 - Res. No. 3280 12] Boards and Commissions: None 13 ] Reports from Staff: a] Tahpah Park Baseball Field Batting Eye *b] DNR Trail License Agreement *c] Fire Department Bills For Fall Conference d] Approval of Bills in Amount of $107 , 218 . 34 TENTATIVE AGENDA September 4 , 1990 Page -2- 13] Reports from Staff continued: e] Alley Request - 827 Spencer Street f] Supplemental Agreement With Barton-Aschman for Shakopee Bypass (Southerly) - tabled 8/21 g] Status Update on Shakopee Bypass - informational h] Lewis Street, Project No. 1990-5 - informational *i] Probation Termination - Chief of Police *j ] Purchase of Transcriber *k] City Cost Share of Downtown Bridge Project 14] Resolutions and Ordinances: a] Res. No. 3276 - Approving Investigating the Formation of A Scott County Economic Development Coalition b] Res. No. 3281 - A Resolution of Appreciation to Julius A. Coller, II 15] Other Business: a] b] c] d] e] 16] Recess for an Executive Session to discuss property acquisition 17] Re-convene 18] Adjourn to Tuesday, September 11, 1990 at 8 : 00 P.M. Dennis R. Kraft City Administrator TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting September 4 , 1990 1. Roll Call at 7 : 00 P.M. 2 . Approval of the August 7 , 1990 Meeting Minutes 3 . Arnie ' s Friendly Folks Club - Request for Retroactive Rehab Grant Payment 4 . Lots 8, 9, 10 Block 7 Advertisement for Bids (Verbal Report) 5. Other Business a) b) 6. Adjourn Dennis R. Kraft Executive Director *3 MEMO TO: Dennis R. Kraft, HRA Executive Director FROM: Barry A. Stock, Assistant City Administrator RE: Arnie' s Friendly Folks Club - Request for Retroactive Rehab Grant Payment DATE: August 20, 1990 INTRODUCTION: On August 8 , 1990 City Staff received a correspondence that was directed to Gloria Vierling, HRA Chairperson. (See attachment # 1. ) Ms. Vierling requested that this item be directed to the Downtown Committee and Community Development Commission (CDC) for their review. The correspondence was received from Mr. Ken Cryer, owner of Arnie ' s Friendly Folks Club. Mr. Cryer is requesting the Shakopee HRA to consider amending the Rehab Grant Program to allow for retroactive funding for exterior building improvements that were completed prior to the approval of the Rehab Grant Program. BACKGROUND: The Shakopee Downtown Committee began working on the Rehab Grant Program in the spring of 1989 . It was not until the spring of 1990 (March) that the program was finally approved by the Shakopee HRA. The first submittal deadline for grant applications for the Downtown Rehab Grant Program was June 6, 1990. In 1989 , the owners of Arnie's Friendly Folks Club initiated an extensive renovation project to the establishment formerly known as Arnie' s Bar. The renovation project was competed on October 1, 1989 . The Rehab Grant Program guidelines do not provide for the payment of retroactive funds to projects that were initiated prior to the adoption of the Rehab Grant Program. In fact, this issue was discussed by the Downtown Committee and HRA prior to formal adoption of the program. Staff is not recommending that the grant program be amended to allow for retroactive payments for projects initiated prior to the approval of the Rehab Grant Program guidelines. I believe that it would be arbitrary to select a time period prior to the formal adoption date of the grant program to allow for retroactive payments. Additionally, I believe it would be discriminatory to simply make the program retroactive for just one business. The Downtown Committee and Community Development Committee reviewed and discussed the following alternatives: 1. Amend the Rehab Grant Program to make projects completed twelve (12) months prior to the formal adoption date of the Rehab Grant Program eligible for retroactive grant consideration at the same level of assistance (25%) and funding levels as specified in the Rehab Grant Program. ($500 minimum - $25, 000 maximum. ) 2 . Amend the Rehab Grant Program guidelines adopting a provision allowing the retroactive eligibility of projects initiated twelve (12) months prior to the formal adoption date of the Rehab Grant Program at reduced funding levels. For example, 12 1/2% grant and $12 , 500 maximum grant award. 3 . Do not amend the Rehab Grant Program guidelines allowing retroactive payments. Upon reviewing Mr. Cryer' s request and the possible alternatives, both the Downtown Committee and Community Development Commission came to the same conclusion and are recommending that the request for retroactive funding assistance be denied. Shown in attachment #2 is a second correspondence from Mr. Cryer regarding the Downtown Committee' s findings in regard to this issue. Shown in attachment #3 is the correspondence that I sent to Mr. Cryer informing him of the Downtown Committee and Community Development Commission' s action. ALTERNATIVES: 1. Amend the Rehab Grant Program to allow projects completed twelve (12) months prior to the formal adoption date of the Rehab Grant Program eligible for retroactive grant consideration at the same level of assistance (25%) and funding levels as specified in the Rehab Grant Program. 2 . Amend the Rehab Grant Program guidelines by adopting a provision allowing the retroactive eligibility of projects initiated twelve (12) months prior to the formal adoption date of the Rehab Grant Program at reduced funding levels. For example, 12 1/2% grant and $12 , 500 maximum grant award. 3 . Do not amend the Rehab Grant Program guidelines allowing retroactive payments. STAFF RECOMMENDATION: Staff recommends alternative #3 . ACTION REQUESTED: If the Shakopee HRA feels that the status quo should be maintained in regard to retroactive grant payments for projects initiated prior to the formal adoption of the Rehab Grant Program, no official action is necessary. Attachment # 1 Arnies's Friendly Folks Club 122 E. First Ave. Shakopee, MN 55379 Ken A. Cryer (Owner) Greg D. Ries (Owner) August 8 , 1990 Ms. Gloria Vierling H.R.A. Director Shakopee City Council 129 E. First Ave. Shakopee, MN 55379 Dear Gloria, Greg and I have recently learned of the 25% rebate program for giving a downtown building a facelift. As we understand it, you may be reimbursed up to 25% of $25, 000 of approved renovations. We would like for the council to consider giving a retro check for the over $10, 000, of 1st avenue renovations, we made to Arnie's old building. We put a great deal of hours and pride into renovating Arnie's Friendly Folks Club, and we have heard hundreds of compliments on a job well done. The completion of the project occurred on October 1, 1989 which is only six months prior to the March 1, 1990 rebate date. We had many doubters at the beginning of our renovation project including many banks, city folk and possibly a council member or two. However, the banks were the most serious of our doubters. Because of the banks skepticism, we were not given the proper amount of funds needed to complete the job properly and pay for it. Despite this fact, we did not cut any corners in renovating this long standing Shakopee business. As a result, our entire cash flow, to date, has gone to pay for remaining construction bills despite a very good start. Things remain very tight, but we were fortunate that the local contractors were lenient with their payments. This is in no way a "sob" story, however, I think we have turned a few heads in town by showing people what can be done to an old building with some hard work, and hopefully, we have set the standard for remodeling a downtown building. I will provide you with documented expenses should you find our request has merit. Greg and I appreciated the opportunity we were given to renovate Arnie's, and it now seems, with a slight deviation in the rebate policy, we may be rewarded for a job well done. We certainly could use the money. Thank you for your time and consideration. Sincerel 4/111i A. Cryer Attachment # 2 3 Arnie's Friendly Folks Club 122 E. First Ave. Shakopee, MN 55379 Ken A. Cryer (Owner) Greg D. Ries (Owner) August 15, 1990 Downtown Ad Hoc Committee Mr. Barry A. Stock Administrative Assistant 129 E. First Ave. Shakopee, MN 55379 Dear Barry, Thank you for scheduling Arnie's request of a retro payment regarding our renovation. I do not agree with your determination of having to pick an arbitrary time period on which to date back too. Every business that falls into the designated area should be entitled to the funding retro to when the original idea came about. If that is two or three years ago, so be it. There are not that many businesses in the designated area that have performed major ($2000.00 +) renovations over the last couple of years. If your committee's purpose is for promoting the restoration of downtown buildings, lets promote it. By making your funding retro and actually benefitting some of the long standing businesses and building owners, they may be more inclined to perform additional renovations if there was some type of reward for initiative. The problem mentioned about the can of worms being opened for selecting our renovations over Mor-Tel building is part of the job. Any renovation that was non-satisfactory could be given a time period to meet specifications. If it truly is your objective to promote renovations and clean up the downtown, be aggressive not passive. Lastly, I was serious about some type of letter expressing your appreciation for a job well done if the situation warrants it. We certainly would have displayed the letter proudly within the bar. Greg and I were very disappointed with the non formal recognition/appreciation from the Community Leaders, City Council, Downtown Ad Hoc Committee, for continuing one of the oldest businesses in town and dressing up an old decrepit building. Once again, if it is the desire of the City Council, Downtown Committee or Business Leaders in the community to dress up the downtown Shakopee area, which is good for the entire community, be proactive in recognizing progress instead of sitting on the fence worrying about old policy etc. , make amendments. The more you benefit your downtown businesses with incentives, the more in return the community will receive in the long run. Please distribute this letter to the proper committees. Sincerely ; - A. Cryer _3 4gtea Attachment # 3 CITY OF SHAKOPEE "IN fi•t, - INCORPORATED 1870 ilk \‘`'�.. 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612)445-3650 August 16, 1990 Mr. Ken Cryer Mr. Greg Ries Arnie' s Friendly Folks Club 122 East 1st Avenue Shakopee, MN 55379 Dear Mr. Cryer & Mr. Ries: On August 15, 1990, the Shakopee Downtown Committee and the Shakopee Community Development Commission took action denying your request for retroactive funding assistance through the Rehab Grant Program for the building improvements that you completed in 1989 . Both committees had a difficult time coming to terms with a decision in regard to your request given the superior workmanship that your renovation project exhibited. However, each body expressed their concern regarding the precedent that would be set and also expressed concern regarding the retroactiveness of funding in conjunction with the Rehab Grant Program as it may relate to other properties in Downtown Shakopee. I did receive your most recent letter dated August 15, 1990 . I will definitely share it with the appropriate parties including the Shakopee Housing and Redevelopment Authority. I fully intend to present your request to the Shakopee Housing and Redevelopment Authority at their September 4 , 1990 meeting. The meeting will commence at approximately 7 : 00 p.m. in the Shakopee City Council Chambers. Prior to that time I will be sending you a complete agenda and a memo outlining your request and Committee action taken thus far. I would encourage you to be in attendance at that meeting. If you have any questions regarding this issue or the process prior to the HRA meeting, please do not hesitate to call me. Sincerely, • Cc Bar A. Stock Assistant City Administrator BAS/tiv The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER 7 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA AUGUST 15, 1990 Mayor Gary Laurent called the meeting to order at 7 : 00 P.M. with Councilmembers Joe Zak, Jerry Wampach, Gloria Vierling, Steve Clay, and Robert Sweeney present. Also present were Dennis R. Kraft, City Administrator; Barry Stock, Ass 't. City Administrator, Gregg Voxland, Finance Director; and Judith S . Cox, City Clerk. Mayor Laurent announced additions to the agenda: 5a, employee picnic; 5b, update on the Lewis Street improvement project; and under the executive session: collective bargaining. Sweeney/Zak moved to approve the agenda as amended. Motion carried unanimously. Sweeney/Wampach moved to authorize the purchase of a squad car from Grossman Chevrolet in the amount of $12 , 503 under the Hennepin County Cooperative Purchasing contract. Motion carried unanimously. Mr. Kraft informed Council that he had completed the background investigation on the successful candidate for the position of city attorney and that he had talked with her about the position. They discussed salary and Mr. Kraft explained that he had advised the candidate that he would recommend to the City Council that she be compensated $39 , 950/year beginning at Step 3 on the pay plan and that upon successful completion of six months probation she would move up to Step 4 and that increases would occur annually thereafter. This would all be contingent upon her successfully passing the pre-employment physical . Clay/Vierling moved that staff formalize an employment agreement with Ms. Karen Marty with her salary starting at Step 3 on the pay plan and that she move to Step 4 after successful completion of six months probation, pending successfully passing the pre-employment physical . Motion carried unanimously. City Councilmembers were reminded of the upcoming city employee' s picnic. Cncl . Sweeney reported that the City Engineer had informed the contractor working on the Lewis Street project, by letter, that the city would implement the penalty provisions of the contract for every day that he is late in completing the work. Mayor Laurent recessed the meeting at 7 : 28 P.M. in order that the Council may meet as a Committee of the Whole and then in an executive session to discuss acquisition of property for a city hall , acquisition of the railroad depot and collective bargaining. Mayor Laurent re-convened the councilmeeting at 10 : 25 P.M. Proceedings of the August 15, 1990 City Council Page -2- Wampach/Vierling authorized staff to obtain an appraisal of the Marquette Bank building. Motion carried unanimously. Clay/Vierling directed staff to obtain an inventory of personal property and the asking price from Marquette Bank. Motion carried unanimously. Sweeney/Zak moved to adjourn to Tuesday, August 21, 1990 at 7 : 00 P.M. Motion carried with Cncl.Wampach opposed. Meeting adjourned at 10: 26 P.M. t N ? . Sud'th S. Cox Cit Clerk Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA AUGUST 21, 1990 Mayor Laurent called the meeting to order at 7: 00 p.m. with Cncl Vierling, Clay, Wampach, Zak and Sweeney present. Also present were Dennis Kraft, City Administrator; Barry Stock, Asst. City Administrator; Greg Voxland, City Finance Director; Lindberg Ekola, City Planner; Colleen Trende, Asst. City Attorney; and Judith S . Cox, City Clerk. Sweeney/Clay moved to approve the agenda with the removal of items 5b, letter from Julius Coller and item 8b, letter from Marcy J. Waritz . Motion approved unanimously. 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. Mr. Kraft reviewed the request from Denny Hron, 1237 6th Avenue West, to have a curb cut and driveway apron installed at the West side of Adams Street with the 5th Avenue right-of-way. He said because of the size of his house he is unable to access his back yard from his front yard and he currently uses the unpaved 5th Avenue right-of-way to get to his back yard. The cost of constructing an apron would be approximately $600. 00. Mr. Hron was present with some drawings of his property layout. He said he accesses his backyard property by vehicle approximately 30 times a year. Cncl . Sweeney had a concern about assessing other neighbors for a curb cut which they would not benefit from. Sweeney/Vierling moved to put a street width curb cut and construct an apron on the West side of Adams street at the 5th Avenue right- of-way at the expense of the City' s Street Improvement Fund. Motion carried unanimously. Sweeney/Vierling moved to approve the consent business. Motion carried unanimously. Sweeney/Vierling moved to approve the minutes of August 7 (adj . Special Session) , August 7 (Reg Session) and August 9 , 1990 . (Motion carried under consent business. ) Wampach/Sweeney moved to approve the minutes of August 2 , 1990 . Motion carried with Cncl . Vierling abstaining. Sweeney/Wampach moved to receive and file the letter from Melanie Kahleck, Shakopee Planning Commission. Motion carried unanimously. Proceedings of the August 21, 1990 Shakopee City Council Page -2- Mayor Laurent opened the public hearing on amending the city code relating to landscaping requirements for certain commercial/retail complex centers. The City Planner reviewed the proposed amendment to the zoning ordinance. He said with that because of recent redevelopment of the Shakopee Town Square, they are requesting the amendment which will allow more flexibility in the location of the trees. Being on a highway, it is essential that it be seen from the highway. Cncl . Sweeney asked why it was only requested for Shakopee Town Square and not other large retail/commercial areas. Dennis Kraft replied that the 100, 000 square foot criteria was an arbitrary figure and the size limit could be lowered. Cncl. Sweeney said he felt the code should be updated as a whole and not bit by bit. Mayor Laurent said he would like to see the City explore other landscaping possibilities and come up with something a little more creative. Vierling/Wampach offered Ordinance No. 292 , An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee City Code Chapter 11 Entitled "Land Use Regulations (Zoning) " By Amending Section 11. 29, Subd 6 Part C Thereof By Adding Thereto a New Provision and by Adopting by Reference Shakopee City Code Chapter 1 and Section 11. 99 Which Among Other Things Contain Penalty Provisions, and move its adoption. Motion carried with Cncl . Sweeney opposed. Sweeney/Vierling moved to remove from the table the letter from Jon Albinson, Valley Industrial Realty, regarding park dedication fees on replats. (Motion approved under consent business) . Sweeney/Vierling moved to table the letter from Jon Albinson, Valley Industrial Realty, to September 18, 1990 at his request. (Motion approved under consent business) . Mayor Laurent advised the Council that Mr. Cole Van Horn has decided to take his differences of opinion with the Building official to the Building Code Board of Appeals. Sweeney/Vierling moved that information that Mr. Cole Van Horn intends to appeal the Building Official ' s decision be accepted as information only. Motion carried unanimously. Sweeney/Wampach moved to table Supplemental Agreement No. 2 with Barton-Aschman to provide additional design services associated with the Shakopee Bypass. Motion carried unanimously. Wampach/Vierling offered Resolution No. 3274 , A Resolution Approving the Bylaws of the Shakopee Fire Department Relief Association, and moved for its adoption. Motion carried unanimously. 9 Proceedings of the August 21, 1990 Shakopee City Council Page -3- Sweeney/Vierling moved to approve the bill to Popham, Haik, Schnobrich, and Kaufman Ltd. in the amount of $427 . 00 . Motion carried unanimously. Clay/Sweeney moved to approve the bills in the amount of $524, 682 . 42 . Sweeney/Vierling moved to amend the approval of the bills to exclude 2 items to be discussed separately (Holiday Inn - $124 . 00 ; State Chiefs Conference - $210. 00; Barry Stock - $48 . 87) . Motion carried unanimously. Motion carried unanimously on main motion as amended. Vierling/Sweeney moved that the Fire Department budget be amended to address the two bills for the Fire Department State Fire Chiefs Conference. Motion carried unanimously. Cncl . Sweeney said that he felt it was inappropriate for the City to pay for alcoholic beverages for the Boards/Commissions picnic and he said he would like to pay for that himself. Clay/Sweeney moved to allow Mr. Sweeney to pay the cost of alcoholic beverages in the amount of $48 . 87 . Clay/Sweeney moved to amend the motion to $22 . 00 with Cncl . Clay and Cncl . Sweeney dividing the cost of the alcoholic beverages for the Committee picnic. Motion carried with Cncl . Vierling and Mayor Laurent opposed. Sweeney/Vierling moved to have the City pay the remainder of the bill in the amount of $26. 87 to Barry Stock. Motion carried unanimously. Dennis Kraft reviewed the City Attorney proposed budget, he said the amount is less than is currently budgeted. Sweeney/Clay moved to approve the City Attorney budget, submitted by Dennis Kraft as of July 31, 1990 . (CC DOC #178) Motion carried unanimously. Sweeney/Wampach moved to approve a two month transition period from Mr. Coller to the new City Attorney and that Mr. Coller be compensated at his same rate through October 31st. Motion carried unanimously. Sweeney/Vierling moved to authorize the appropriate City officials to enter into the contract agreement between the City of Shakopee and Wangerin Excavation in the amount of $14 , 195. 00 for the grading of JEJ Park. (Motion approved under consent business) . Proceedings of the August 21, 1990 Shakopee City Council Page -4- Vierling/Wampach moved to reconsider Council ' s action of August 7 , 1990 directing the Building Official to issue an order that the railroad depot building be brought up to code. Motion carried unanimously. Barry Stock reviewed the issue of the railroad condemnation and whether or not the depot should be brought up to code. He said the Building Inspector asked, since the building is unoccupied, what would be classified as "up to code" . Mr. Stock noted that in the opinion of the Building Inspector the property is up to code for cold storage. Discussion ensued on removing the node on Second Avenue versus constructing 2nd Avenue on the North. Cncl . Vierling said she does not feel the City should have to pay for something that is blocking the City' s roads. The Asst. City Attorney said there is a question as to which railroad owns the property and that would also cause a delay in the acquisition proceedings. Discussion ensued on temporarily removing the node and the potential cost of proceeding with the eminent domain proceedings. Sweeney/Wampach moved to drop the eminent domain proceedings on the depot between Atwood and Scott. Motion failed with Cncl . Wampach, Vierling and Clay opposed. Clay/Sweeney moved to direct staff to obtain an accurate cost estimate of temporarily removing the node and putting in curb and gutter at 2nd and Atwood. Motion carried with Cncl . Vierling and Wampach opposed. Sweeney/Zak moved to refer the railroad depot and 2nd Avenue improvement project to the Committee Of The Whole meeting. Motion carried unanimously. Mayor Laurent called a 10 minute recess at 8 : 35 p.m. Mayor Laurent reconvened the meeting at 8 : 45 p.m. Sweeney/Vierling moved to remove from the table the motion directing staff to take the appropriate action to set a referendum to sell bonds in the amount of $1. 5 million for a new City Hall . Motion carried unanimously. Barry Stock reviewed the two methods of financing the new City Hall . He said the Capital Improvement fund has earmarked funds for the new city hall . He said the purchase of the new city hall could be taken from this account and would not have to go for referendum. The other option would be to go to a special election to be held November 6th asking permission to sell bonds. Cncl . Sweeney said he feels the referendum would be passed and the people would not mind paying for one. He said he does not like the idea of the City diminishing the funds in the Capital Improvement fund and run the risk of not being able to recapture the funds when the City may 9 Proceedings of the August 21, 1990 Shakopee City Council Page -5- need them for other improvements. Cncl . Vierling said she does not feel the residents should have to pay again for a city hall. She is in favor of using the funds out of the Capital Improvement Fund. Sweeney/Zak moved to sell General Obligation Bonds to finance the acquisition of the Marquette Bank building for a new City Hall and direct staff to prepare the appropriate resolution to set a special election on November 6, 1990 for the purpose of approving the sale of G.O. Bonds in the amount of $1. 5 million to purchase the Marquette Bank Building for a new City Hall . Motion fails with Cncl . Sweeney and Zak in favor. Wampach/Vierling moved to utilize the funds in the Capital Improvement Fund for acquisition of the Marquette Bank Building for the new city hall . Motion carried with Cncl. Sweeney and Zak opposed. Sweeney/Vierling offered Resolution No. 3273 , a Resolution Accepting Bids on Watermain Improvements to Vierling Drive from Limestone Drive to approximately 2 , 000 feet west, Project No. 1990- 2 and moved for its adoption. (Motion approved under consent business) . Sweeney/Vierling moved to approve the contingency amount of 10% for use by the contract administrator in authorizing change orders on this project. (Motion approved under consent business) . Sweeney/Clay moved to remove from table Resolution No. 3270, Motion carried unanimously. Sweeney/Clay offered Resolution No. 3270, A Resolution Setting Proposed Maximum 1990 Tax Levy, Collectable in 1991, and moved for its adoption. Motion carried unanimously. Sweeney/Wampach offered Resolution No. 3271, A Resolution Directing the County Auditor Not to Levy a Tax for Debt Service for Selected Bond Issues, and moved for its adoption. Motion carried unanimously. Sweeney/Vierling offered Resolution No. 3275, A Resolution Recommending the Granting of a Noise Variance to the Minnesota Department of Transportation with Certain Conditions for the Shakopee Bypass, as drafted, and moved its adoption. Discussion followed. Discussion ensued on the noise issue of the Shakopee Bypass as it relates to Paul Schmitz ' s property. Mr. Schmitz addressed the Council saying that he had his house appraised and the appraiser said the value of his property will go down 18 1/2 percent after the bypass is in. He is now asking the City for a monetary installment of $20, 000 to make up for the loss of value in his Proceedings of the August 21, 1990 Shakopee City Council Page -6- property. He said with or without soundproofing, the value of his house would go down and the soundproofing would only take care of the noise inside the house. Cncl. Sweeney had a question as to why Mr. Schmitz is now asking for $20, 000 and last month he was happy with having his house soundproofed. Barry Stock said that granting the money requested for compensation of loss of value by Mr. Schmitz may still not be enough for the PCA to grant the variance. Wampach said he feels the $20, 000 requested by Mr. Schmitz should be subtracted from the money already dedicated to the project. Clay/Wampach moved to amend the motion to include the alternative paragraph as hand written to No. 3 , adding an alternative payment to Mr. & Mrs. Schmitz in the amount of $20, 000. Motion carried with Cncl . Sweeney opposed. Motion carried unanimously on main motion as amended. Sweeney/Clay offered Resolution No. 3272, A Resolution Adopting a Drug and Alcohol Testing Policy, and moved for its adoption. Motion carried unanimously. Clay/Zak moved to have staff come up with a policy stating that when minutes are approved under consent business, and when a Councilmember was absent at that meeting, that approval of the minutes reflect that the Councilmember abstains automatically. Motion carried unanimously. Mayor Laurent adjourned the meeting to Tuesday, August 28 , at 7 : 00 p.m. Meeting adjourned at 10: 00 p.m. . l Judith S. Cox City Clerk Carol L. Schultz Recording Secretary 14/0 014/ JULIUS A. COLLER. II JULIUS A.COLLER ATTORNEY AT LAW 612-445-1244 1859-1940 211 WEST FIRST AVENUE SHAKOPEE, MINNESOTA 553Z9 August 15, 1990 ' � 167990 Mrs. Judith Cox, _-:; , City Clerk Shakopee City Hall 129 East First Avenue Shakopee, MN. 55379 Dear Judy: Please put me on next Tuesday's calendar. I have a gripe about the new sewer outlet for Lots 4 & 5, Block 56, 434 Lewis Street. Thank you. Very truly yours, (Re 44.7.;/) Julius A. Coller, II JAC/nh IIS MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Sidewalk Replacement Project DATE: August 30, 1990 INTRODUCTION: Attached is Resolution No. 3279, which orders an improvement and authorizes the advertisement for bids for the Sidewalk Replacement Program. BACKGROUND: In 1989 the City Council adopted a policy whereby all sidewalk replacement in Shakopee would be funded 50% by the abutting property owner and 50% by the City of Shakopee. This policy was discussed on numerous occasions with various funding percentages considered including a range from 0% City funded all the way up to 100% City funded. The City Council finally settled on the 50-50 split based on the understanding that while a public sidewalk is open for all citizens of Shakopee, a sidewalk adjacent to a property would be used more by that particular property owner than the remainder of the traveling public. The policy was actually adopted in the City Code under Section 7. 16, a copy of which is attached for Council review. This ordinance was adopted on August 25, 1989. The Engineering Department has divided the City up into various sidewalk zones and inspected all the sidewalk within the first zone in order to determine how much sidewalk needs replacing. A list of locations has been identified and the amount of sidewalk that needs replacing has also been determined. Staff is now ready to bid out the project and hire the Contractor to do the work. Since 50% of the cost for this project will be assessed to the abutting property owner, a public hearing has been scheduled for September 4, 1990 in order to consider this improvement. At the conclusion of the public hearing, staff is requesting permission to advertise for bids for this project. Attached is Resolution No. 3279, which orders the improvement and authorizes the advertisement for bids for the Sidewalk Replacement Program. The contract that will be bid out also includes the construction of sidewalk on Marschall Road from 4th Avenue to County Road 16 which has been previously ordered by the City Council. Staff has been waiting for an appropriate time to bid out this sidewalk project and feels that it would be beneficial to bid all the sidewalk work out together. ) 10. ALTERNATIVES: 1. Adopt Resolution No. 3279 , which orders the improvement. 2 . Deny Resolution No. 3279 . 3 . Table Resolution No. 3279 . RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 3279 which orders the improvement and authorizes the advertisement for bids on this project. ACTION REQUESTED: Offer Resolution No. 3279, A Resolution Ordering an Improvement and Authorizing the Advertisement for Bids for the Sidewalk Replacement Program, Project No. 1990-11 and Marschall Road Sidewalk from 4th Avenue to County Road 16, Project No. 1989-6 and move its adoption. DH/pmp MEM3279 // a- ATTACHMENT 1 EXCERPT FROM SHAKOPEE CITY CODE SEC. 7.16. SIDEWALK INSPECTION, REPAIR AND REPLACEMENT POLICY. Subd . 1 . Inventory of Defective Sidewalks . A. The Engineering Department shall develop an annual inspection program to inventory defective sidewalks. The City shall be divided into zones and each year a different zone shall be inspected . B. In addition to zonal repairs, a list of sidewalk complaints shall be maintained and those deficiencies shall also be repaired , whether in the zone or outside of the zone . C. The City Engineer shall determine which sidewalks are defective and in need of repair or replacement. In general, any defect in the sidewalk will justify repairs but the following criteria will be used as guidelines determining defective sidewalks: 1. Sidewalks that pond water or ice . 2. Sidewalks that are cracked and heaved greater than 1/2 inch. 3. Spalled Sidewalks - Sidewalks that have developed numerous holes and pockets due to the aggregate chipping off . 4. Cracked sidewalks . 5. Sidewalks that have developed other hazards such as tree roots , water valves , etc . D. The brick pavers downtown will be included in the sidewalk inspection and repair program. E. All defective sidewalks within each zone or received by complaints shall be repaired or replaced during the current year in which listed . F. Inspection of any sidewalk repairs or replace- ments shall conform to the requirements of Section 7. 06. Subd. 2. Permit Required. No repair or replacement by the owner or occupants of the premises shall be made on or to any sidewalk without first obtaining a permit to work in the public right-of-way provided in Section 7. 07 for the road . -180- (12-1-89: ra, § 7 . 16 Subd. 3. Funding for Sidewalk Repairs . A. If the sidewalk is less than five years old: 1. If installed under City contract, it shall be replaced at no expense to the property owner . 2. If installed by the property owner , it shall be replaced at his expense . B. If the sidewalk is older than five years: Shall be jointly funded, 50% by the City and 50% by property owner. C. If the sidewalk is damaged by the property owner or occupant of the property, the property owner shall pay 100% of the replacement cost, regardless of the age of the sidewalk or who installed it. Source : Ordinance No. 270 , 4th Series Effective Date: 8-25-89 (Sections 7.17 through 7.98, inclusive , reserved for future expansion. ) _131_ ( 1 /-1-39 144 \. I [/ •. 1.1 el / r O I `• - o i=To- G �a .31 4 , \I\ _ -_- - I -. -. _ , e 4111 _ t• UC :::.= M O a e f/ 1�_^ Z- Q 2 V< • : a�i' -: am.----- Y i 3o Y 3 to o I ,fr • 4' S; L----- j l 1 %/ / I _ 1' '; � j • I \I 4171WS tom, ;! _ l r► — \-\\ ..\.I ... 1\4 \OC... .H 11A11�S 'E .� —+ 1' 1 g 444 •..- ' �' - n� /: L� L. a --- II . t.•rfe's41121..IA V7:3\. 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I A N\ g ! • \........_,. ..\ ..” [ :‘ ..:_:_i_ y . ,L...) oi . si,\ ;;j IIQ RESOLUTION NO. 3279 A Resolution Ordering An Improvement And Authorizing Advertisement For Bids For Sidewalk Replacement Program, Project No. 1990-11 And Marschall Road Sidewalk From 4th Avenue To County Road 16, Project No. 1989-6 WHEREAS, pursuant to Resolution No. 3263 adopted by City Council on August 7 , 1990, fixed a date for Council hearing on the proposed improvement of Sidewalk Replacement Program; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 4th day of September 1990, at which all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, David Hutton, Public Works Director has prepared plans and specifications for the improvement of Sidewalk Replacement Program and has presented such plans and specifications to the Council for approval; and WHEREAS, pursuant to Resolution No. 3020 adopted by City Council on May 2 , 1989 , David Hutton, Public Works Director has also prepared plans and specifications for the improvement of Marschall Road Sidewalk from 4th Avenue to County Road 16 and such plans and specifications have been presented to Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That the 1990 Sidewalk Replacement Program is ordered. 2 . That such plans and specifications for both the Sidewalk Replacement Program and the Marschall Road Sidewalk, a ' copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 3 . The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertise- ment for bids upon the making of such improvements under such approved plans and specifications. The Advertisement for Bids shall be published for ten days, shall specify the work to be done, shall state that bids will be received by the City Clerk until 10 : 00 A.M. , on September 27, 1990, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, or their designated party, will then be tabulated, and will be considered by the Council at 7 : 00 P.M. , or thereafter on October 2 , 1990, in the Council Chambers, and that no Q..- bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the order of the City of Shakopee for not less than five (5%) percent of the amount of the Bid. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 19 City Attorney 1/ C- ASSESSMENT TABLE SIDEWALK REPLACEMENT PROGRAM page 1 PID PROPERTY OWNER DESCRIPTION 27-001576-0 Joseph Bisek Lot 10, Blk. 76 505 Sommerville Shakopee City Shakopee, MN 55379 27-001575-0 Sandra Kerber Lot 9, Blk. 76 314 E. 5th St. Shakopee City Shakopee, MN 55379 27-001574-0 Edward Siebenaler & Wife Lots 7 & 8, 322 E. 5th Blk. 76 Shakopee, MN 55379 Shakopee City 27-001573-0 David Kivisto Lot 6, Blk. 76 334 E. 5th Ave. Shakopee City Shakopee, MN 55379 27-001398-0 Marie Rein Lot 4, Blk. 54 329 E. 5th Ave. Shakopee City Shakopee, MN 55379 27-001397-0 Violet Johnsen Lot 3 , Blk. 54 Rt. 1 Box 320 Shakopee City St. Maries ID 83861 27-001409-0 Lawrence Wherley & Wife Lot 5, Blk. 55 233 E. 5th Ave. Shakopee City Shakopee, MN 55379 27-001406-0 James Hoffman S 80 ' of 1 & 8760 154th St. W. S 80 ' of W 40 ' Prior Lake, MN 55372 of 2 , Blk. 55 Shakopee City 27-001760-0 Charles & Mary Luebke Lot 3 , Blk. 102 317 E. 8th Shakopee City Shakopee, MN 55379 27-001768-0 Richard & Kathy Ginkel S 71 ' of 1 & 2 735 S . Spencer Blk. 103 Shakopee, MN 55379 Shakopee City 27-001769-0 Daniel & Margaret Siedow N 71 ' of 1 & 2 727 S . Spencer Blk. 103 Shakopee, MN 55379 Shakopee City 11 42— ASSESSMENT TABLE SIDEWALK REPLACEMENT PROGRAM Page 2 PID PROPERTY OWNER DESCRIPTION 27-001590-0 Eugene Menden & Wife S 60 ' of N 120 ' 615 Spencer St. of 7 to 10 Ex Shakopee, MN 55379 E 16 ' , Blk. 78 Shakopee City 27-001762-0 Gloria Pass N 71 ' of Lots 726 Spencer St. 4 & 5, Blk. 102 Shakopee, MN 55379 Shakopee City 27-001595-0 David & Joanne Block E 50 ' of 3 309 7th Ave. E. W 25 ' of S 71 ' Shakopee, MN 55379 of 4 , Blk. 79 Shakopee City 27-001594-0 Henry Haworth & Wife E 40 ' of S 71 ' 307 E. 7th of Lot 3 & W Shakopee, MN 55379 10 ' of 2 , Blk. 79 Shakopee City 27-001592-0 Willmar & Ordell Roepke S 71 ' of Lots 1 635 S. Sommerville & 2 Ex E. 40 ' Shakopee, MN 55379 of S 71 ' of 2 Blk. 79 Shakopee City 27-001754-0 Florence Wermerskirchen Lot 8 & N 71 ' 706 S. Sommerville of 6 & 7 Shakopee, MN 55379 Blk. 101 Shakopee City 27-001609-0 Martin & Patricia Rybak S 71 ' of 5, 235 E. 7th Ave. Blk. 80 Shakopee, MN 55379 Shakopee City 27-001608-0 Rose Ricklick N 71 ' of 4 & 5 626 Sommerville St. S 1/2 of Alley Shakopee, MN 55379 Adjoining Blk. 80 Shakopee City 27-001593-0 Michael & Sandra Furrer N 71 ' of Lots 1957 E. Shakopee Ave. 1 & 2 , Blk. 79 Shakopee, MN 55379 Shakopee City ASSESSMENT TABLE SIDEWALK REPLACEMENT PROGRAM Page 3 PID PROPERTY OWNER DESCRIPTION 27-001610-0 Joan Campbell N 71 ' of 6 & 7 234 E. 6th Ave. Blk. 80 Shakopee, MN 55379 Shakopee City 27-001612-0 Joyce Robbins Lot 8 , Blk. 80 222 E. 6th Ave. Shakopee City Shakopee, MN 55379 27-906129-0 Lawrence & Viola Boeckman 6 115 22 . 17 530 E. 4th P/O NW1/4 SW1/4 Shakopee, MN 55379 Beg 121 W of NW Cor Blk. 208 Leremondis Addn W 60, S 125 . 5, E 60, N 125 . 5 to Beg Ex RR ROW 27-906108-0 Richard De Mers & Wife 6 115 22 . 18 538 E. 4th 60 ' x 130 ' in Shakopee, MN 55379 NW 1/4 SW 1/4 27-906131-0 Dean Woodbridge & Wife 6 115 22 . 15 548 E. 4th P/O NW1/4 SW1/4 Shakopee, MN 55379 Beg 10. 1 ' W of NW Cor Blk. 208 W 51 ' , S 130 ' , E 51 ' , N 130 ' to Beg 27-005005-0 Michael & Judith Gappa Lot 12 Ex E 15 ' 604 E. 4th Blk. 208 Shakopee, MN 55379 Leremondis Addn 27-005004-0 Paul & Lisa Gehrke W 20 ' of 11 & 612 E. 4th E 15 ' of 12 Shakopee, MN 55379 Blk. 208 Leremondis Addn 27-005003-0 Thomas & Cathy Odenthal Lot 10 & E 30 ' 618 E. 4th of 11, Blk. 208 Shakopee, MN 55379 Leremondis Addn ASSESSMENT TABLE SIDEWALK REPLACEMENT PROGRAM Page 4 PID PROPERTY OWNER DESCRIPTION 27-005002-0 David & Deborah Rutt Lots 4 to 9 630 E. 4th Ex Lot 7 & Erly Shakopee, MN 55379 10 ' of 8 Leremondis Addn 27-005001-0 Jerome & Verna Rein Lot 7 & E 10 ' 638 E. 4th of 8 , Blk. 208 Shakopee, MN 55379 Leremondis Addn 27-005010-0 Donald Plekkenpol N 130 ' of 11 706 E. 4th & N 130 ' of W Shakopee, MN 55379 25 ' of 12 Blk. 209 Leremondis Addn 27-005009-0 John Mertz & Wife N 130 ' of 10 714 E. 4th Ex E 121/2 ' & E Shakopee, MN 55379 25 ' of N 130 ' of 11, Blk. 209 Leremondis Addn 27-005008-0 Gary & Janice Steffi N 130 ' of W 50 ' 724 E. 4th Ave. of 9 & E12 1/2 ' Shakopee, MN 55379 of N 130 ' of 10 Blk. 209 Leremondis Addn 27-001404-0 Kurt Nordstrom Lot 10, Blk. 54 306 E. 4th Shakopee City Shakopee, MN 55379 27-001385-0 Edward Siebenaler S 1/2 of Lot 1 322 E. 5th Ave. & S 1/2 of W Shakopee, MN 55379 1/2 of 2 , Blk. 53 Shakopee City 27-001394-0 Rodney & Joyce Clemens Lot 10 & W 5 ' 402 E. 4th of 9 , Blk. 53 Shakopee, MN 55379 Shakopee City 27-001568-0 St. Marys Church All of Blk. 75 535 S. Lewis Shakopee City Shakopee, MN 55379 LL MEMO TO: Dennis Kraft, City Administration FROM: Dave Hutton, Public Works Director1C-- / SUBJECT: Third Avenue Reconstruction, Project No. 1989-5 DATE: August 30, 1990 INTRODUCTION: A public hearing on the proposed special assessments for the Third Avenue Reconstruction Project has been scheduled for September 4, 1990. Attached is Resolution No. 3280 which adopts the assessments for this project for Council consideration. BACKGROUND: The Third Avenue Reconstruction Project has now been completed and a public hearing must be held prior to levying any special assessments on this project. In order to include any assessments on the 1991 tax rolls, the assessments must be certified to the County by October 10, 1990. The total project costs for this project can be summarized below: Total Construction Costs $ 839,943 . 03 Total Engr./Admin. Costs 220,927.75 Total Project Costs $1,060,870.78 Utilizing the above policies and strategies, the total amount that will be assessed for this project is $181, 100. 32 . This can be broken down as follows: 3rd Avenue Assessments $ 84, 667. 10 Zonal Assessment for North/South Streets 74, 083 .72 Sewer and Water Service - Direct Assessments 16,718 .50 Other Direct Assessments 5, 631. 00 Total Assessments $181,100.32 There were two properties that received a direct assessment for improvements other than sewer and water service for their property. PID No. 27-001317-0 received a direct assessment for new steps constructed on their property at their request. PID No. 27-001327-0 (St. Marks Church) received a direct assessment for a retaining wall installed along their sidewalk that was done at their request. Both of these improvements are being assessed in conformance with the current City of Shakopee Special Assessment Policy and long standing interpretation by City staff that improvements specifically benefitting a particular property would be assessed to that property rather than spread out over the total project costs. i� € Staff will go through the special assessment calculations in greater detail at the public hearing. Attached is Resolution No. 3280 which adopts the assessments for Third Avenue Reconstruction Project 1989-5 for Council consideration. The complete assessment role is attached to the Resolution. ALTERNATIVES: 1. Adopt Resolution No. 3280. 2 . Deny Resolution No. 3280. 3 . Based on the public testimony received, revise the assessment role to make any adjustments desired to specific properties and then adopt the Resolution. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 3280. ACTION REQUESTED: Offer Resolution No. 3280, A Resolution Adopting Assessments for Third Avenue Reconstruction Between Spencer to Shumway Streets and All North-South Streets Between 3rd and 4th Avenue Within these Project Limits in Section 1, Range 23, Township 115, Shakopee, Scott County, Minnesota, Project No. 1989-5 and move its adoption. DH/pmp MEM3280 RESOLUTION NO. 3280 A Resolution Adopting Assessments 1989-5 Public Improvement Program Third Avenue Reconstruction Between Spencer to Shumway Streets and All North-South Streets Between 3rd and 4th Avenue Within These Project Limits in Section 1, Range 23, Township 115 Shakopee, Scott County, Minnesota WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: Reconstruction of 3rd Avenue from Spencer to Shumway Streets and the reconstruction of Spencer, Sommerville, Lewis, Fuller, Atwood and Scott Streets all between 3rd Avenue and 4th Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2 . Such assessments shall be payable in equal annual install- ments extending over a period of ten (10) years, the first installment to be payable on or before the first Monday in January, 1991, and shall bear interest at the rate of 8 . 5 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 1991, and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3 . The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; he may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and he may pay the remaining principal balance of the assessment to the City Treasurer. l/ 4P- 4 . The Clerk shall file the assessment rolls pertaining to this assessment in his office and shall certify annually to the County Auditor on or before October 10th of each year the total amount of installments and interest which are to become due in the following year on the assessment on each parcel of land included in the assessment roll. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 19 City Attorney i/ -€ SPECIAL ASSESSMENT CALCULATIONS (NOT INCLUDING DIRECT ASSESSMENTS) Total Construction Costs $ 839,943 . 03 Total Engr./Admin. Costs 220, 927 . 75 Total Project Costs $1,060,870 .78 Summary of Funding Sources Total Roadway Portion $ 635, 003 . 29 Total SPUC Portion 128, 964 . 38 Total Storm Sewer Portion 114 , 230. 62 Total Sanitary Sewer Portion 160, 322 . 99 Total Direct Assessments 22 , 349 . 50 Total $1,060,870 .78 Assessment Rates 25% of Roadway Portion = 25% x $635, 003 . 29 = $158 , 750 . 82 A) 3rd Avenue Assessment Rates 8 blocks out of 15 total blocks 8/15 x $158 , 750. 82 = $84 , 667 . 10 Total Front Footage = 4 , 800 Ft. Assessment Rate = $84 , 667 . 10/4 , 800 Ft. = $17 . 6390 Per Ft. B) North-South Side Streets 7 blocks out of 15 total blocks 7/15 x $158, 750. 82 = $74 , 083 .72 Total number of lots = 69 . 045 Assessment Rate = $74 , 083 . 72/69 . 045 = $1, 072 . 9773 Per Lot / !4 ASSESSMENT TABLE 3RD AVENUE RECONSTRUCTION Page 1 PID PROPERTY OWNER DESCRIPTION ASSESSMENT 27-001218-0 Frederick Houle & Wife S 90-3 3/10 ' $2 , 396. 68 231 S. Sommerville of Lots 1 & 2 Shakopee, MN 55379 EX. RR, Blk. 28 27-001220-0 LeRoy Listrude & Wife Lot 3 & W 1/2 $1, 875. 51 323 E. 3rd Ave. of Lot 4 , Shakopee, MN 55379 Blk. 28 27-001221-0 Luke Lund Lot 5 & E 1/2 $1, 891. 51 337 E. 3rd Ave. of Lot 4, Shakopee, MN 55379 Blk. 28 27-001228-0 City of Shakopee Lots 1 & 2 $2 , 116. 68 129 E. First Ave. Blk. 29 Shakopee, MN 55379 27-001229-0 City of Shakopee Lot 3 , Blk. 29 $1, 058 . 34 129 E. First Ave. & all vacated Shakopee, MN 55379 RR ROW Blk. 29 27-001231-0 City of Shakopee S of RR in $2 , 116 . 68 129 E. First Ave. Lots 4 i& 5 Shakopee, MN 55379 Blk. 29 27-001238-0 Mona Strunk Lots 1 & 2 $1, 234 . 73 103 E. 3rd Lying S ' erly of Shakopee, MN 55379 N' erly 51 ' Ex S 50 ' of E 50 ' of Lot 2 Blk. 30 27-001239-0 James & Berit Gerhardson S 50 ' of E 50 ' $1, 201. 95 7724 Hampshire Ave. N of Lot 2 , Blk. Brooklyn Park, MN 55443 30 27-001240-0 Calvin & Rosemary Brown Lot 3 , Blk. 30 $1, 378 . 34 956 S. Holmes Shakopee, MN 55379 27-001241-0 Shakopee Investment One Lot 4 & N 81 ' $1, 058 . 34 8520 W. 135th St. of Lot 5 , Blk. Apple Valley, MN 55124 30 27-001242-0 William & Beth Lepley S 60 ' of Lot 5 $1, 058 . 34 1925 E. 11th Blk. 30 Shakopee, MN 55379 //-- ASSESSMENT TABLE 3RD AVENUE RECONSTRUCTION Page 2 PID PROPERTY OWNER DESCRIPTION ASSESSMENT 27-001245-0 Stans Foundation Lot 1, Blk. 31 $1, 079 . 34 350 W. Colorado Blvd. #315 Pasadena, CA 91105 27-001246-0 Ervin Monnens & Wife Lot 2 , Blk. 31 $1, 362 . 34 129 W. 3rd Shakopee, MN 55379 27-001247-0 First Nat. Bank Shakopee Lots 3-5, Blk. $3 , 196. 02 129 S . Holmes 31 & Srly 1/2 Shakopee, MN 55379 of adj . vacated alley 27-001253-0 Donald Yahnke Lot 1, Blk. 32 $1, 370 . 34 239 W. 3rd Ave. Shakopee, MN 55379 27-001254-0 Susan Niewind Lot 2 , Blk. 32 $1, 331. 34 229 W. 3rd Ave. Shakopee, MN 55379 27-001255-0 Diane Heinz Lot 3 , Blk. 32 $1, 086. 34 219 W. 3rd Ave. Shakopee, MN 55379 27-001256-0 Jerome Wampach Lots 4-5 & 6 $3 , 143 . 18 524 Holmes St. Blk. 32 Shakopee, MN 27-001261-0 St. Marks Church Lots 1 to 3 $5, 786 . 90 333 W. 4th Ave. Ex. E 4 ' of 3 Shakopee, MN 55379 Blk. 33 27-001262-0 James & Helen Van Winkle Lot 4 Ex.W. 30 ' $892 . 45 10129 Eden Prairie Road & W 2 ' of S 73 ' Eden Prairie, MN 55344 of Lot 5, Blk. 33 27-001262-1 Robert & Joy Miller E 4 ' of Lot 3 $911. 73 313 W. 3rd Ave W 30 ' of Lot 4 Shakopee, MN 55379 Blk. 33 27-001263-0 John Ries, Jr. Lot 5, Blk. 33 $1, 254 . 06 220 W. 3rd Ave. Ex W 2 of S 73 ' Shakopee, MN 55379 l(.,e).-- ASSESSMENT TABLE 3RD AVENUE RECONSTRUCTION Page 3 PID PROPERTY OWNER DESCRIPTION ASSESSMENT 27-001266-0 Dorothy Thul Lot 8 & E 1/2 $1, 072 . 98 320 W. 2nd St. of Lot 9 , Blk. Shakopee, MN 55379 33 27-001267-0 City of Shakopee W 1/2 of Lot 9 $1, 609 . 47 129 E. First Ave. & all of Lot 10 Shakopee, MN 55379 Blk. 33 27-001268-0 Earl Fuller Lot 1-2 $2 , 444 . 68 433 W. 3rd Blk. 34 Shakopee, MN 55379 27-001269-0 Terry Huth Lot 3 , Blk. 34 $1, 636 . 83 427 W. 3rd Ave. Shakopee, MN 55379 27-001270-0 Jane Doherty Lot 4 , Blk. 34 $2 , 397 . 32 411 W. 3rd St. Shakopee, MN 27-001271-0 Jerome Jaspers Lot 5, Blk. 34 $2 , 397 . 32 206 Scott St. Shakopee, MN 55379 27-001272-0 Jer-Mor Enterprises, Inc. Lots 6 & 7 $1, 427 . 06 206 S. Scott Ex. W40 ' of 7 Shakopee, MN 55379 Blk. 34 27-001273-0 Lisa Hoff W 40 ' of Lot 7 $715. 68 416 2nd Ave. W Blk. 34 Shakopee, MN 55379 27-001274-0 Wayne L. Olson & Wife E 55 ' of Lot 8 , $536 . 49 420 W. 2nd Ave. Blk. 34 Shakopee, MN 55379 27-001277-0 Harold & Wilma Bindewald Lots 1 & 2 EX $2 , 731. 68 535 W. 3rd Ave. N 551/2 ' of 1 Shakopee, MN 55379 & N 551/2 ' of W 5 ' of 2 , B1k. 35 27-001279-0 Commercial Federal Mortgage Lot 3 , Blk. 35 $1, 386 . 34 2120 S . 72nd St. Omaha, NE 68101 1 ASSESSMENT TABLE 3RD AVENUE RECONSTRUCTION Page 4 PID PROPERTY OWNER DESCRIPTION ASSESSMENT 27-001280-0 William Williams Lot 4 , Blk. 35 $1, 394 . 34 513 W. 3rd Shakopee, MN 55379 27-001281-0 Eleanore Huth Lot 5, Blk. 35 $1, 362 . 34 505 W. 3rd Shakopee, MN 55379 27-001317-0 Gary Osterkamp & Wife Lot 6, Blk. 44 $1, 862 . 34 506 W. 3rd Shakopee, MN 55379 27-001318-0 Joel Hafermann & Wife Lot 7 , Blk. 44 $1, 352 . 34 514 W. 3rd Shakopee, MN 55379 27-001319-0 Julia Krauth Lot 8, Blk. 44 $1, 380 . 34 520 W. 3rd Shakopee, MN 55379 27-001320-0 Larry & Jeryl Paul Lot 9 , Blk. 44 $1, 418 . 34 528 W. 3rd Shakopee, MN 55379 27-001321-0 Lucy Rein Lot 10, Blk. 44 $1, 366 . 34 538 W. 3rd Shakopee, MN 55379 27-001323-0 St. Marks Church Lots 3-5, $2 , 682 .44 333 W. 4th Blk. 45 Shakopee, MN 55379 27-001324-0 Dennis & Judith Clausen Lot 6, 7 , 8 , $6, 049 . 46 314 Scott Blk. 45 Shakopee, MN 55379 27-001326-0 Gerald Meyer & Wife N 1/2 of Lots $2 , 158 . 68 432 W. 3rd 9 & 10, Blk. 45 Shakopee, MN 55379 27-001327-0 St. Marks Church All of Blk. 46 $20 , 808 . 33 333 W. 4th Shakopee, MN 55379 27-001328-0 St. Marks Church Lot 1, Blk. 47 $1, 072 . 98 333 W. 4th Shakopee, MN 55379 iteV ASSESSMENT TABLE 3RD AVENUE RECONSTRUCTION Page 5 PID PROPERTY OWNER DESCRIPTION ASSESSMENT 27-001329-0 Shakopee Services Lot 2 & W 10 ' $1, 255 . 38 963 Atwood of 3 , Blk. 47 Shakopee, MN 55379 27-001330-0 Mark Plekkenpol E 50 ' of Lot 3 $893 . 79 219 4th Ave W Blk. 47 Shakopee, MN 55379 27-001331-0 Laura Lebens & Eleanor Lot 4 , Ex N 20 ' $1, 067 . 61 211 W. 4th of E 20 ' ,B1k. 47 Shakopee, MN 55379 27-001332-0 Minnegasco, Inc. N 20 ' of E 20 ' $53 . 65 201 S. 7th St. of Lot 4 , B1k. 47 Mpls. , MN 55402 27-001333-0 Thomas Philipp Lot 5, Blk. 47 $1, 368 . 98 969 Holmes Shakopee, MN 55379 27-001334-0 Emil Halden & Esther Lot 6, Blk. 47 $2 , 419 . 32 506 W. 3rd Shakopee, MN 55379 27-001335-0 Frank & Catherine Majerus Lot 7 , Blk. 47 $2 , 390. 32 212 W. 3rd Shakopee, MN 55379 27-001336-0 John & Lorraine Ries Lot 8 & E 1/2 $3 , 516 . 97 220 W. 3rd of Lot 9 ,B1k. 47 Shakopee, MN 55379 27-001337-0 St. Marks Church Lot 10 & W 1/2 $3 , 196. 97 333 W. 4th of Lot 9 ,B1k. 47 Shakopee, MN 55379 27-001338-0 Norbert Nagel & Wife S 92 ' of Lot 1 $1, 023 . 29 137 W. 4th Blk. 48 Shakopee, MN 55379 27-001339-0 Julie Traft N 50 ' of Lot 1 $649 . 69 325 S . Fuller Blk. 48 Shakopee, MN 55379 1 fde' ASSESSMENT TABLE 3RD AVENUE RECONSTRUCTION Page 6 PID PROPERTY OWNER DESCRIPTION ASSESSMENT 27-001340-0 Frank Schneider & Wife Lot 2 , Blk. 48 $1, 072 . 98 127 W. 4th Shakopee, MN 55379 27-001341-0 Raymond Siebenaler & Marvel Lot 3 , Blk. 48 $536. 49 119 W 4th Shakopee, MN 55379 27-001345-0 Charley B Inc. Lot 6, Blk. 48 $1, 394 . 34 11080 Oregon Curve Bloomington, MN 55438 27-001346-0 J.C. Kohlrusch Lot 7, Blk. 48 $1, 330. 34 2255 W 145th St. Shakopee, MN 555379 27-001347-0 J.C. Kohlrusch Lot 8, Blk. , 48 $1, 898 . 83 2255 W 145th St. Shakopee, MN 55379 27-001348-0 J.C. Kohlrusch Lot 9 , Blk. 48 $2 , 578 . 32 2255 W 145th St. Shakopee, MN 55379 27-001349-0 George Bango Lot 10, Blk. 48 $2 , 435 . 32 140 W. 3rd Shakopee, MN 55379 27-001352-0 Harold Ballinger Lot 3 , Blk. 49 $536 . 49 123 E. 4th Shakopee, MN 55379 27-001353-0 Jeffrey & Rochelle Cronin S 1/2 of Lot 4 $1, 100 . 98 338 S . Lewis & 5, Blk. 49 Shakopee, MN 55379 27-001354-0 Earl Dressen N 1/2 of Lots 4 $1, 320 . 98 1529 W. 6th Ave. & 5, Blk. 49 Shakopee, MN 55379 27-001355-0 Allen-Bahnsen Co Lots 6 & 7 Ex $2 , 924 . 57 4818 McColl Dr. E of W 55 ' , Savage, MN 55378 Blk. 49 i1 ' ASSESSMENT TABLE 3RD AVENUE RECONSTRUCTION Page 7 PID PROPERTY OWNER DESCRIPTION ASSESSMENT 27-001356-0 Nettie Majerus Lot 7 Ex W 10 ' $1, 926 . 49 130 E. 3rd Ave. &Ex E 5 ' , B1k. 49 Shakopee, MN 55379 27-001357-0 Marvin & Cheryl Gerth Lot 8 & W 10 ' $2 , 230. 40 122 E. 3rd Ave. of 7, Blk. 49 Shakopee, MN 55379 27-001358-0 Raymond Deutsch & Wife N 1/2 of Lots 9 $2 , 484 . 68 305 Holmes & 10, Blk. 49 Shakopee, MN 55379 27-001360-0 Charles Cavanaugh S 1/2 of Lots 1 $1, 072 . 98 333 S. Lewis & 2, Blk. 50 Shakopee, MN 55379 27-001361-0 Charles Cavanaugh & Wife N 1/2 of Lots 1 $1, 100 . 98 321 S. Lewis & 2 , Blk. 50 Shakopee, MN 55379 27-001362-0 Robert Vierling Lots 3 , 4 & 5 $3 , 218 . 93 221 E. 4th Ave. Blk. 50 Shakopee, MN 555379 27-001364-0 Timothy & Mary Rein Lot 6, Blk. 50 $2 , 451. 32 306 S. Sommerville Shakopee, MN 55379 27-001365-0 William & Elizabeth Ott Lot 7 , Blk. 50 $2 , 443 . 32 288 E. 3rd Ave. Shakopee, MN 55379 27-001366-0 David Deichelbohrer & Wife Lot 8 , Blk. 50 $2 , 427 . 32 6365 E 250th St. Elko, MN 55020 27-001367-0 Louise Kopp N 50 ' of Lots 9 $3 , 154 . 76 303 S. Lewis & 10, Blk. 50 Shakopee, MN 55379 27-001368-0 Peter & Katherine VonBank S 92 ' of Lots 9 $1, 422 . 87 315 Lewis & 10, Blk. 50 Shakopee, MN 55379 if ASSESSMENT TABLE 3RD AVENUE RECONSTRUCTION Page 8 PID PROPERTY OWNER DESCRIPTION ASSESSMENT 27-001369-0 Robert & April Nead Lot 1, Blk. 51 $1, 072 . 98 303 E. 4th Shakopee, MN 55379 27-001370-0 Donald & Linda Koopman Lot 2 , Blk. 51 $1, 072 . 98 313 E. 4th Shakopee, MN 55379 27-001371-0 Anthony & Cathy Christensen Lot 3 , Blk. 51 $1, 072 . 98 321 E. 4th Ave. Shakopee, MN 55379 27-001372-0 Ethel Hirscher Lot 4 , Blk. 51 $1, 072 . 98 329 E. 4th Shakopee, MN 55379 27-001373-0 Daniel & Gwen Ballinger Lot 5, Blk. 51 $1, 072 . 98 337 E. 4th Shakopee, MN 55379 27-001374-0 Michael & Victoria Rademacher Lot 6, Blk. 51 $2 , 180. 32 300 S. Spencer Shakopee, MN 55379 27-001374-1 Kenneth & Mary Kewatt Lot 7, Blk. 51 $2 , 180 . 32 328 E 3rd Ave Shakopee, MN 55379 27-001375-0 Richard & Beckrich & Wife Lot 10 & W 6 ' $3 , 620 . 29 304 E. 3rd of S 38 ' of 9 Shakopee, MN 555379 Blk. 51 27-001376-0 Roger & Dolores Marschall Lots 8 & 9 Ex $3 , 441. 65 314 E. 3rd W 6 ' of S 38 ' Shakopee, MN 55379 of 9 , Blk. 51 27-001377-0 Sharon Rademacher Lots 1 & 2 Ex $1, 072 . 98 409 E. 4th RR, Blk. 52 Shakopee, MN 55379 27-001378-0 City of Shakopee Lots 3 & 4 $536 . 49 129 E. First Ave. Blk. 52 Shakopee, MN 55379 II 4)// ASSESSMENT TABLE 3RD AVENUE RECONSTRUCTION Page 9 PID PROPERTY OWNER DESCRIPTION ASSESSMENT 27-001382-0 Charles & Victoria Everett Lot 8 , Blk. 52 $536. 49 424 E. 3rd Ave. Shakopee, MN 55379 27-001383-0 Rick Welch Lot 9 , Blk. 52 $1, 072 . 98 412 E. 3rd Shakopee, MN 55379 27-001384-0 Steven & Naomi Benedict Lot 10, Blk. 52 $1, 072 . 98 404 E. 3rd Ave. Ex RR Shakopee, MN 55379 TOTAL ASSESSMENT $180, 044 . 32 //I August 29, 1990 Ms. Judith S. Cox City Clerk-City of Shakopee 129 East 1st Avenue Shakopee, Minnesota 55379 Dear Ms. Cox, As the owner of the property of 416 2nd Avenue West (27-001273-0) , I feel the cost of $715.68 assessed for the Street Reconstruction project No. 1989-5 is unfair. We feel we have not benefited from any reconstruction. Our back yard still floods from run off of the streets above and it did not improve the looks of our property, therefore the value of our property has not gone up. We feel it is unfair to be assessed $715.68 for something we have not benefited from. If we must be assessed please assess us fairly, our neighbors whose property value is much higher than ours are paying $200.00 less on the assessment. Why? Please accept this letter as an appeal for assessment of parcel number 27-01273-0. Sincerely, af3a.":77/0 Lisa Hoff 416 2nd Avenue W. Shakopee, Minnesota 55379 cc: District Court Section 429.081 Mayor Gary Laurent AUG 3 17090 ib JAMES 0. GERHARDSON 7724 HAMPSHIRE AVE. N. BROOKLYN PARK, MN 55445 September 4, 1990 City Council , City of Shakopee, Minnesota Council Members, This is my objection and appeal regarding the amount being assessed to my property located at 113 E. 3rd Ave . , Shakopee parcel # 27-001239-0 . The origional amount assessedment deferred received by me in 1989 was for $836 . 00 and interest rate of 7 .75%. Now it has been increased to $1 , 201 .95 with no prior notice nor reason given and I am outraged that you can just fix any dollar amount without prior approval . This is an increase of 43 .78% above the origional amount and I have suffered enough losses due to the crazy tax increases on this property since I bought it in 1981 . The taxes in 1981 were $630.00 and have gone to $1 ,676.00 in 1989 . For a 50X50 lot with a one bedroom house that is less than 650 Square feet in size is totally out of line . There is no garage nor is there room to build one. Once again I wonder how many families will be divorced and displaced due to the lack of control , concern and caring of those "RESPONSIBLE" individuals that think they need only present a bill to the property owners and they' ll pay it. I for one, feel a definite hardship from the tax increases and this assessment increase, and don' t know where I ' ll get the money to pay for the increase that I believe to be due to a complete lack of responsibility on the part of those in charge of the project . If everything that you do there is going to result in a "Finished Project Increase" of 48% you people in Shakopee are in for many much more serious problems than you are currently experiencing, and I am certainly glad I don' t live there. My property there is for sale, and if the city wants to buy it , I ' ll be glad to sell it to you, and I hope you screw up again and pay me 48% more than you offer . James -D. Gerhardson //;)// ytit0d3S ATTACHMENT: Origional notice of Deferred Assessment NOTICE OF HR ERREDIASSESSMENTS CITY OF SHAKOPEE 129 EAST FIRST AVENUE SHAKOPEE, MN. 55379 • Assessments were levied (deferred) against your property covering improvements constructed in the calendar year 1989 , all such assessments being levied are pursuant to law. NAME: James & Berit Gerhardson. ADDRESS: 2724 Hampshire Ave. No. CITY/STATE: Rrnnklyn Park, MN 55443 ZIP PROPERTY DESCRIPTION S 50' of E 50' of 2, Blk 30 PARCEL I.D.# 27-001239-0 For: DOWNTOWN STREETSCAPE PHASE 1, Parts 1 & 2, Proj . 87-2 $836.00 TOTAL ASSESSMENT $836.00 The above assessments together with any amendments for all those properties currently in use as residential properties shall be deferred with interest until such time as those properties are converted to commercial uses. Thereafter such assessments shall be payable in equal annual installments extending over a period of ten (10) years, the first installment to be payable on or before the first Monday in January, of the year following the date the deferred assessemnts cease, and shall bear interest at the rate of 7 .75 percent per annum from the date of the adoption of this assessment resolution (August 15, 1989) . Interest will accrue on an annual basis on the assessment during the life of the deferment. The assessment will be deferred a maximum of 10 (ten) years or until the properites are coverted to commercial use, whichever comes first. Thereafter, each year, all annual installments plus interest will be certified to the County Auditor for collection along with real estate taxes. No annual installments will be accepted at City hall. However, the total remaining balance may be paid at any time at the City Hall. For those wishing to prepay, the above assessments may be paid at the City Hall on, or before 9/14/89 without interest. A partial payment may also be made prior to 9/14/89 without interest or prior to October 10, 1989 subject to interest at the rate of 7 ,75 percent per annum. Such partial payment shall be a minimum amount of $100.00. Any property owner wishing to appeal an assessment must file a written objection, signed by the affected property owner with the City Clerk prior to the assessment hearing or present a written objection to the presiding officer at the Public Hearing. // Any owner may appeal his assessment to the district court pursuant to Minnesota Statutes, Section 429.081, by serving notice of the appeal upon the Mayor or Clerk of the City within thirty (30) days after the adoption of the assessment and filing such a notice with the district court within ten (10) days after service upon the Mayor or Clerk. Property owners should be aware that both of the procedures described in the former two paragraphs must be followed in order for an appeal to be valid. Under Minnesota Statutes, Section 435.193 to 435.195, the Council may .n its discretion, defer the payment of- this special assessment for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of this law and the resolution adopted under it may apply to the City Clerk on the prescribed form for such deferral of payment of this special assessment on his property. It is recommended that application be made within thirty (30) days after receipt of the "NOTICE OF ASSESSMENT" , but may be made at any time. Application should be made prior to October 1st of any year in order that it may become effective in the following taxing year. SS/Judith S. Cox City Clerk trt- // 09. 04. 90 01 : 2 PM + SANBORN MFG CO P02 September 4, 1990 CityMayor of Councilak opee Members Dear Mayor and Council Members objection to the I would like to takf'dhis oti mYportunity p �'operty,t313u�m�4thYAvenue, by the City assessment being plat of Shakopee. 1990, this assessment is being As indicated in the letter of 15 thCsegse streets which have had thwhich levied on all proper-,ies abutting a airs . A copy of that letter is attached and indicates exactly r p streets are being of ected. As the attached map indicates, 3i3 E. 4th. does not abut any of these sets as it is si t sated towards the middle natof thedb inblock handetb is o strNot on any of the streets 4th Avenue only . abut property that to be assessed $1 ,072.98 for repairs to streets that do not er. even I feelis unjustified and unfair. Sincerely , —:-09.1.14""Z/1" "e4t4".1"-- Donald Koopmann 313 E. 4th . Avenue Shakopee 9. 94. 9 _. ._ ! � l 0FI''I +: SANBORN MFG CO NOTIC3 07 HEARING ON PROPOSED A9SBBSMZNT Project No. 1989-5 Improvement Of 3rd Avenue Bttaeen spencer To Shumway Streets Ant All North-South Strests Between 3rd And 4th Avenue Within These Project Limits In Section 1, Scott Range County T 5 Stakopee, Minnesota TO WHOM IT MAY CCNCERNs of the City of Notice is hereb;, given that the City council on Tuesday, Shakopee will met at 8 :00 P.M. , or thereafter, Council Chambers of the City Hall, 129 September 4 , 199) in the East 1st Avenue, to pass upon the proposed assessment for the following improvements► to-wit: Street Reco:istruction Including Sewer, Water, Sidewalk, Curb & Gutter anti Pavement. The following area is proposed to be assessed, to-wit: Those properties abutting on 3rd Avenue between Spencer Street and Shumway Street and those properties abutting on Spencer, !,ommerville, Lewis, Fuller, Atwood and Scott between 3rc and 4th Avenueand those properties abutting on Scott Betwcen 2nd Avenueand e. The proposed assessment is on Cit for ublic in ste1stction Avenue. the Officee of the City Clerk in y Hall, arsons desiring to be Written or oral objections by any and all p heard will be c )nsidered at the hearing by the City Council . The total ;ost to be assessed is $ 181, 100. 32 . The total ;ost to be assessed to your parcel number Donald i Linda Koopman is $1, 072 . 98 . 27-001370-0 313 E. 4th Shakopee, MN 55379 No interest wiLl be charged if your one ori befozeessments are 30 days frompaid the to the City Tr„;asurer at City Hall date the assessments are adopted. One partial1990repaA ant of atsessmena least $100 . 00 'lay be made prior to October 10, not prepaid wi':hin 30 days from the date adopted shall be subject to interest at the rate of 8 . 5 percent per annum. 09. fJ 4. =+ U 0_1 : F'1'ti+'1 +( SANBORN MFG CO F04 1 property owner wishing to appeal an assessmentment must file a Any the affected prop owner, h written objection, signed by ember 4 , the city Clerk prior to the assessment hearing on September 1990 or present a signedwri�t�eptembern t4�n1990 ,to the p officer at the pub l is hearing o owner may appeal an assessment to District Court Any property serving notice of the appealupon pursuant to Section 429 . 081 by days within 30 d the Mayor or City Clerk of the City of Shakopeeasuch notice Wath after the adoption f the assessment and ith n ten days after fservice upon the Mayor theiliniDistrict Court or City Clerk. Property owners should be awarethat must be both of followedrocedures in in describedthe two paragraphs for an appeal to cue valid � Section 435. 193 to 435 . 195, the Council may, Minnesota � Creti s, defer the payment of this special may, in its discretion, ro tett owned by a person 65 years assessment for any homestead property virtue of permanent and of age or older or who it woulded be by hardship to make the pay- ments. disability assessment has been granted tents. When deferment of the specialprovided in that law, all amand is terminated for applicable ireason terest shall be due ssethin sed sixtyxyts daysacof tae d p of t:�e termitheiorequirerhiendeferment.his law and the property owner meeting within 30 days of the ordinance adopted under it may, pply to the City Clerk on the conformation of the assessment, of thisr speciale prescribed form for such ed�yerral of payment assessment on his/her prop Dated this 15th day of August, 1990 . Judith S . Cox City Clerk CITY OF SHAKOPEE 0 04. 90 0 1 : 2 3 P M * SANBORN MFG CO F OE ti"e L ____- 5PFNC1- w i i GI / N N �. k b i — — i 9T SOMMERVIL`E Amisfi J 0 k:70,....,,,.. 7- y-9a /3 a} MEMO TO: Dennis Kraft , City Of Shakopee Administrator FROM: George Muenchow, Director Of Recreation SUBJECT: Permission TO Erect Tahpah Park Baseball Field Batting Eye DATE: August 30, 1990 Background At the May 15, 1990 City Council Meeting it was explained that the adult baseball players of the community, through the vehicle of the Tahpah Park Baseball Grandstand/Lighting Committee, were working to secure donated funds, materials, and labor to erect a "Batting Eye" to be constructed in center field of the Tahpah Park baseball field . After securing these commitments they would then be coming to the City Council for permission to erect the same. The attached copy of the memo covering this subject, dated May 11 , 1990, explained their plans . The group now has secured the necessary donations and desire to complete construction this fall . They now are requesting permission from the City Council to go ahead with this project . a . The City has not included this project in its list of proposed Capital Improvement Projects . Budget restraints have dictated that the dozens of other capital needs in the Shakopee Park System have a higher priority and, therefore, to have added this project just would not have been realistic. b. Those that play baseball in this park state that they have a problem seeing the baseball when delivered from the pitcher to the batter . The background in center field accentuates the confusion that they face. These same players, when playing in many other ball parks around the state, find that most of these parks have "Batting Eyes" and they really help. c. It is the desire of these baseball people to some day once again sponsor a State Amateur Baseball Tournament in this community. Any improvements to this park will help in achieving this objective. Alternatives • a . Deny request . b. Grant permision to go ahead with this project. 3O #11iakuprr (llum nnnitg itrrrratthn 129 Levee Drive Shakopee, MN 55379 Phone: 612-445-2742 MEMO TO: Dennis Kraft, City Administrator FROM: George Muenchow, Recreation Director SUBJECT: Tahpah Park Baseball Field Batting Eye DATE: May 11 , 1990 David Hutton requested that I respond to the question of the status of the proposed Tahpah Park Baseball Field Batting Eye Project. The Shakopee Mens Amateur Baseball Team is spearheading this project. Just as with a number of other items on the "wish list" for this facility, it is not a priority item for the City so donated materials and labor has to be solicited . The batting eye is a section of wooden fence in center field with a dark color to help a batter in better seeing the baseball when pitched . Mr Joe Schleper, Business Manager of this team, is doing most of the leg work. He has met with LeRoy Houser, City Inspector , who has provided him with a set of plans prepared by an Engineering Consultant . These plans are what will be followed . (See copies attached ) . The biggest part of the task is the securing of the funding. They apparently have been successfull in securing commitments of donated poles and some other materials . They have asked S.P.U.C. to erect them. Walden Bros. Lbr. will sell materials at their cost (app. $ 3,000. 00) . They now are out soliciting donations from businesses and organizations to help pay for this . Once they have all of the money in hand they will be back to the City to move ahead through normal channels. C.C. : David Hutton Joe Schleper Le Roy Houser A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 1 Recommendation Grant permission to construct a center field "Batting Eye" at the Tahpah Park Baseball Field with the following rationale: a. It will enhance the safety of baseball batters as they will have better vision of the pitched baseballs. b. The potential for securing future state tournaments will be enhanced. Players from visiting teams will be impressed . Action Move to authorize the construction of a "Batting Eye" at the Tahpah Park baseball field using volunteer means following prescribed plans as determined by the Building Inspector. CONSENT i3 .6 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Trail License Agreement - Minnesota Valley Trail DATE: August 29 , 1990 INTRODUCTION: The Department of Natural Resources (DNR) is in the process of finalizing a Land Acquisition Agreement with Mr. Bob Sweeney for the trail right-of-way between Market and Minnesota Streets adjacent to the former marina site. This process involves the tradeoff of national park service property to Mr. Sweeney in exchange for a permanent trail right-of-way across his property. Prior to finalizing the agreement with Mr. Sweeney, the National Park Service is requesting a guarantee from the City that lands will be dedicated to ensure the construction of the trail through Huber Park. BACKGROUND: In June of 1985 the City of Shakopee entered into a Trail License Agreement with the State of Minnesota which provided for the extension of the Minnesota River Valley Trail through City properties which rest within the proposed trail alignment. This agreement included the property identified as Levy Dr. , Huber Park and Memorial Park. A subsequent agreement approved by the City of Shakopee in April of 1989 provided for the trail extension through Murphy' s Landing. These two agreements are not permanent in nature and can be revoked by the City and/or the DNR at any time. Prior to finalizing the agreement with Mr. Sweeney, the National Park Service is requiring a formal and permanent agreement for a continuous trail corridor along the Minnesota River through Huber Park. The proposed Trail License Agreement which will effectuate the National Park Services desires is shown in Attachment #1. This agreement will supersede those sections of the 1985 agreement which pertained to Huber Park. However, the remainder of the 1985 Trail License Agreement will remain in tact, as well as the 1989 agreement pertaining to a trail corridor through Murphy' s Landing. DNR Officials and City Staff are optimistic that if this agreement can be finalized, it will serve to expedite the extension of the Minnesota River Valley Trail from Huber Park through Memorial Park. DNR officials expect that if everything goes smoothly this portion of the trail can be completed sometime in 1991 or early 1992 . Staff is recommending that the appropriate City Officials be authorized to execute the Trail License Agreement for the Minnesota Valley Trail providing a continuous trail corridor along the Minnesota River beginning at Sommerville St. and extending easterly through the area known as Huber Park to the west side of platted Main St. ! 3 ALTERNATIVES: 1. Approve the Trail License Agreement as drafted. 2 . Do not approve the Trail License Agreement. 3 . Table the Trail License Agreement pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Move to authorize the appropriate City Officials to execute the Trail License Agreement providing for a continuous trail corridor along the Minnesota River beginning at the west side of platted Sommerville St. and extending easterly through the area known as Huber Park to the west side of platted Main St. I 3 .1 TRAIL LICENSE AGREEMENT MINNESOTA VALLEY TRAIL THIS AGREEMENT is made between the City of Shakopee of Scott County, Minnesota, hereinafter called the "City" and the State of Minnesota, acting by and through the Commissioner of the Department of, Natural Resources, hereinafter called the "State,"to provide a continuous trail corridor along the Minnesota River in Scott County WITNESSETH: WHEREAS, the purpose and intent of this license is to give the State the right to establish, operate and maintain an all season, recreational trail for biking, hiking, cross-country skiing and snowmobiling; and WHEREAS, the property described by this Agreement is subject to Section 6(0(3) of the Land and Water Conservation Fund Act of 1965 as amended; and WHEREAS, the State is authorized under Minnesota Statutes Chapter 85.015 to acquire and develop the Minnesota Valley Trail, hereinafter called the "Trail"; and WHEREAS, the Commissioner of Natural Resources has,under Minnesota Statutes 84.029, subdivision 2, the authority to enter into license agreements for the purposes of and upon the conditions set forth below; and WHEREAS, the State needs property to extend the Trail through the City; and WHEREAS, the City desires to assist in the routing of the Trail and owns or has under its control certain lands that can be used for that purpose; NOW THEREFORE, the City for and in consideration of the covenants and promises made herein, hereby grants to the State the right to cross the hereinafter described lands to develop, operate and maintain a section of the Trail in the City to wit: 1 / 3 1. Description of Lands A strip of land 20 feet wide and generally parallel to the Minnesota River beginning at the West side of platted Sommerville Street and extending Easterly approximately 2,400 feet through the area known as Huber Park to the West side of platted Main Street. The specific trail alignment to be by mutual agreement between the City and State. The resulting corridor will be located within 10 feet of either side of the centerline of the trail. 2. Terms and conditions: 2.1. The City hereby grants to the State all grasses, shrubs, trees and natural growth now existing on said premises or that may be hereafter planted or grown thereon; and the right to remove and use earth and other materials within the subject parcel of land. 2.2. The City, for themselves, their heirs and assigns, do hereby release the State, its successors and assigns from all claims for any and all damages to the lands through and across which the land granted is located, by reason of the rights herein granted. 2.3. The City shall approve plans and specifications for construction of the Trail and for any future modifications of the trail. 2.4. The State shall have the right: 2.4.1 To post such signs and posters along the subject Premises deemed necessary and suitable to delineate the trail lands and locate the same for trail use; and 2.4.2 To make such improvements and installations as are necessary, convenient, and incidental to the full enjoyment and use of the rights and privileges granted. 2.4.3 To police and control the trail right-of-way to insure that the public uses the same in an authorized manner. 2 / 3 2.5. The City shall not construct any buildings, structures, or other improvements on the licensed premises, without the written consent of the Commissioner of Natural Resources except, the City may undertake construction improvements which would destroy the trail, as long as the City, at no expense to the Department of Natural Resources, provides for the continuity and re-construction of the trail. 2.6. The City shall have the right to enter upon the leased premises for any lawful purpose provided there is no interference with State's use of the trail. 3. Effective Date This Agreement shall take effect on the date it is signed. 4. Termination The license Agreement hereby granted shall be perpetual, and may be terminated by either party only upon furnishing written notice to the other party at least 5 years written in advance of the desired termination date. It is agreed that the State shall, upon the termination of this lease, at its own cost and expense, as promptly as possible after the effective date of such termination remove all property and material which it has under this Agreement erected, constructed or placed upon the subject premises. Should the State fail to so remove the property within 60 days after the termination, then the City shall have the right to place the premises in neat, safe, and proper condition. This Agreement and all of the terms and provision hereof shall extend to, insure to the benefit and be binding upon the successors and assigns, of the parties hereto. 5. Federal Restrictions Notwithstanding any other clause in this Agreement, the City and the State agree to retain in perpetuity the lands described in this Agreement solely for public outdoor recreation in accordance with Section 6(0(3) of the Land and Water Conservation Fund Act. Any other use of these lands must first receive prior approval of the Secretary of the Interior. 3 /3 t- 6. 6. The City has the lawful right and authority to grant these rights and agrees that the State shall have the quiet enjoyment of the rights granted during the full term of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. City of Shakopee State of Minnesota Grantor Department of Natural Resources Grantee by by Mayor title date date by City Administrator by date title date by City Clerk date 4 /3 4 N E cp Lo\ Z ;ti-::` y cp ` ;..:.tit VN \ -4tN, §. H. 'solo • .„,,,, -CD m \‘:,k),'"t,,,),., ZO"Sis. i SILIHIIIIIIIIIIIIIII \\ 111Wil .E sr) •w' N ai Tts "2 .. '.-M:-. tliiIss, '4.') Wit. (..) co , el ii :iii-s'5.11..":„>,. tib;,v ;;. a) 0 sd Cti� ' �.0 El 0 � 'www CU 03 1�� _ C CD4CU CO .....t •,.:: 'et,\i".. 111111111111111111w.-____-__.-------- l ' C ...k$:.. s.c.:,*:..%4 SINA\M°Ce Til . \Cc:\\t.N ee.- hh 0 to 0 t• ...,.„„,.,, vs omille i U o N C7 CD •-• Wi::.:K:i*i:K.:':. : lelm CC N ti\. Iti CO ::*::: S...-*I* 1111111 ctsN 169 ID 3 $tid.e-HWY::::.>: tli wooer1i1 0 ::::::::.::::::::-:::It CD :X-- LU CONSENT /20 (z. MEMO TO: Dennis R. Kraft, City Administrator FROM: Charlie Ries, Fire Chief RE: Payment of Fall Conference Bills DATE: August 29, 1990 INTRODUCTION: On August 14 , 1990 the Shakopee City Council removed two bills from the bill list relating to travel expenses associated with the State Fire Chiefs ' Conference scheduled for September. The items were removed at the request of the Finance Director so that Mr. Voxland and I could review the 1990 budget to make sure that adequate funds existed for the submitted expenses. BACKGROUND: The State Fire Chiefs Conference is scheduled for September. I feel that the State Conference is an essential conference for both the Assistant Fire Chief and myself to attend. During the 1990 budget process I failed to budget adequate funding levels for travel and subsistence and conferences and schools. As of July 31, 1990 the Fire Department has submitted expenses in excess of the line item budgeted amount for these two categories. In reviewing the July 31, 1990 year to date expenditures for the Fire Dept. budget, Mr. Voxland raised a concern as to whether or not there was adequate funds remaining in the budget to meet 1990 projected expenses as well as the expenses for the fall Fire Chiefs Conference. On August 29 , 1990 Mr. Voxland and I met to review the 1990 Fire Dept. budget. I believe that there will be excess funds available within the professional services and utilities line item categories to more than offset the costs associated with the fall Fire Chiefs Conference. Since there are adequate funds within the Fire Dept. budget and expenses are projected to be within division total 1990 budgeted amount, a budget amendment is not necessary. Based on this information, I would like to request City Council to approve the following two bills: 1. Holiday Inn - $124 . 00 2 . State Chiefs Conference - $210. 00 ALTERNATIVES: 1. Move to approve the two bills as requested by the Fire Chief. 2 . Do not approve the two bills as requested by the Fire Chief. 3 . Table approval of the bills pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative # 1. ACTION REQUESTED: Move to approve the payment to Holiday Inn in the amount of $124 . 00 and State Chiefs Conference in the amount of $210 . 00. • , /30 * N x N * NNN N * N * NN N * N * N * NN * N r A * A * AAA * A * A * AA A * A * A * AA * A 0 CD * r * r * rrr A. r * r * rr r * r * r * rr * r x CD * r * r * rrr * a. a r * 00 O * O * O * 00 * O m O * CO * C) * rrr * r. * 0 * WW 0 * C) * N * rr * O 0 * N * V * AAA * r * CO * MM N * V * 0 * AA * 01 7 0 H Z -1 0 - 0 O m O 0 000 0 0 00 O 0 0 00 0 D W 00 W 03 00 00 CO 00 00 00 Oo 00 CO CW CW --1 0 \ \ \\\ \ \ \\ \ \ \ \\ \ m x N N NNN N N NN N N N NN N D 0 0 000 CO CO 00 CO 0 0 COW 0 M O o 000 o O 00 o O O 00 O rn M D 3 O C Z WW WW W r 0000 r NN WW VN0 00 -1 VICJI WU1 NCOACW rr NN TW-..4 WW 00 (0(0 UI0A WW WW 00 I V I N 00 0000 V CW(D (0(0 moo AA A 00 C) 0000 rr 00 N0ONr NN 00 CnUIO --.1-J 00 COLD NNO AA 00 00 U1r000) AA 00 00000 U10 00 00 000 UI0 * * * * * * * * * * * G) r C)C)C) C) C) 00 0 W in >> D D N 000 D C rr r a 33 '*1 MI -1 3 3 3 M CO CC D Z -n in m r 0 333 r —1 —1-1 -< as D Z Z • • • CO 0 00 Cl) o-i > oro-1 C) < in > 0 1 XX z z 00 m M -1 >>> Z \\ m C) 0 DA Z r CCC '1 CC 7, m ZZ 0 W \ 000 -•1 o-y 1 I 1-1 a 0 M 0 1-0-11-1 M z C.4 C. 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H H 0 7D cr CA K 3 7d K 3 '» 3 K K 0 H < 3. co .n 3 a 3 ,n C 0 5 11 ci 0 0 '1 mCD go ° w11bN CZ C) Cc'?r � H .(1 7I xx P' o P' O 0 H. Cl) (D (D to Pl H C) K O 0 0 r• Cl) C C Cl) H H. tD O A C z W Cl) ''S Cl) O Ro KCl) O CCO ) C D H Cl) 0' '1 0 CD CD P• c+ • x C) x H � -4 o \nODH O\ H \O -- HH H N H \n \ Co a\ OD 0 0 \n \n w ON O O H 0 0 w w\n O\ N O\ 0 \11 0 O\ w \O \D Co 4- O Q\ 4-- \D HFH 0\ N \p N l H Q\ CT H O ‘.11 Co O ON 0 \O CD 0 • • l3 � MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Direct Administrator( � SUBJECT: Alley at 827 Spencer DATE: August 29, 1990 INTRODUCTION: Staff has received a request from the neighborhood regarding an Alley at 827 Spencer Street. BACKGROUND: Several weeks ago, Mr. & Mrs. Hoen contacted the Public Works Department regarding opening up the alley adjacent to their property at 827 Spencer Street. This block is bounded by Spencer Street, Main Street, 8th Avenue and Shakopee Avenue. Currently, there is an existing gravel alley running westerly from Main Street which terminates at Mr. and Mrs. Hoen's property line (See attached map) . The right-of-way for the alley has never been dedicated or obtained in order to complete this alley to Spencer Street. Based on the letter received from the neighborhood, which contains numerous signatures, it appears that they are willing to give the City adequate right-of-way to complete the alley. It appears that the entire 16 foot wide right-of-way needed for the alley would be entirely on Mr. and Mrs. Hoen's property. The neighborhood is then requesting that the alley be graded and graveled through to Spencer Street. This work could be done by City street crews and is not normally assessed. When a petition is received for paving an alley special assessments are used for funding those improvements. ALTERNATIVES: 1. Accept the request and obtain the appropriate right-of-way to complete this alley and direct the Public Works Department to grade and gravel the remainder of the alley. 2 . Deny the request. 3 . Accept the land donation for the alley, but assess the costs associated with completing the alley. RECOMMENDATION: Staff recommends Alternative No. 1, to accept this request. 13 This alley should go through to Spencer Street. It is difficult to maintain the existing alley due to equipment (graders, snow plows, etc. ) being required to back out of the alley. The majority of City alleys go through the block entirely and this action would bring this alley up to City Standards. Staff does not feel that special assessments should be utilized to grade and gravel this alley due to the fact that all alleys in Shakopee receive substantial grading and adding gravel on an annual basis as part of the regular alley maintenance and this alley should not be treated any differently. Staff can find no record of the City ever assessing the construction of a gravel alley before. Based on the topography of this area, it would not require an extensive amount of City time or materials to construct this alley. ACTION REQUESTED: Direct City staff to prepare the necessary legal documents for acquiring the alley right-of-way and once executed authorize the Public Works Director to construct the remainder of the alley using City crews. DH/pmp ALLEY August 9, 1990 To the City Council of Shkoree, MinnesOta, We, as Co-Owners of the alley between 815 South Spencer Street and 827 South Spencer Street wish to donate the land to the city of Shakopee, Minnesota. V'e have no access to the alley due to four cars, owmec bJ the Dedeker Brothers, which block the ally completely. Also neighbors who have signed this letter wish to have the alley opened. Respectfully, 00-Owner 9,Z"'"1-e-) e� o / L .P �( ST Co-Owner Q , see-7/(w? Neighbors: '-",-/4"1110-L‘ •• re •' 41(et-<-6 / tip-2 536 V4 {die `qEt- ,t te("id C17 (Z/±14'cV.- 144 //Lel / , /, / / E 8' g ,c-c, No.3 097 \ \ 1 t---- 1 41Z1--t 0 ‘ -14/3- 12r,'S71 i i l l l �_ P-1 ! I i., ____----, 0 '',, WI - res0 i I _s4 . in-- a s ,tm.5- T r 1- T T 1 a I _r, : ,it ; 4 , i L • ,1 ' ' . SO IlS . im I F. _i . . , -3044011“477— • ----:1 I il I i i t° .- Tra IP% 1.1 ; L ;fr . . 1 _________ so . ; r �. -two -3*644-/i! 1 ,sr Bs , ow t r IILLTI ' l ' 1iM • I ... n i - - - - - - -- AER T r T T i U4I ' ‘-"." r 416....- 1 'ST IH_ CN O i' : n = MI -,4 T T JsJ r 11111 v C ' ! I L.) I , I l Z T ! • I • ' `� I j f ! ! i a 1�—�--M i • `sem-"'R---� i.. ,./1 a !^+ a.�1• . 1 .w+.l�:-.A_�+-w .w TABLED FROM AUGUST 21 , 1990 COUNCIL MEETING MEMO TO: Dennis Kraft, City Administrator FROM: Ray Ruuska, Engineering Coordinator SUBJECT: Shakopee Bypass (Southerly) DATE: August 16, 1990 INTRODUCTION: Attached is a Supplemental Agreement No. 2 with Barton-Aschman Associates, Inc. for design services associated with the Shakopee Bypass. BACKGROUND: Currently, the City has an agreement with Barton-Aschman Associates, Inc. for design services associated with the Shakopee Bypass. The agreement includes designing the six, County crossroads (83, 16, 17, 79, and 15) as well as preparing the right- of-way documents for Mn/DOT. These design services were initiated by Mn/DOT, who requested that the City of Shakopee retain a consultant to assist them in completing the design. The agreement has a "not-to-exceed" figure of $280,770. 00. Mn/DOT has now requested Barton-Aschman to design two box culverts to facilitate mainline drainage under County Road 83 in the vicinity of the proposed T.H. 101 interchange. Staff has received a cost proposal and Supplemental Agreement from Barton-Aschman to do this additional work (attached) . Per this Supplemental Agreement, they will do the additional work for an estimated cost of $9, 134 . 31. This would increase the total contract with Barton- Aschman to $341,777. 00. The funding for this agreement is part of the City of Shakopee's $1. 0 millon contribution to Mn/DOT towards this project. The following table summarizes the City of Shakopee's committed expenditures for the various design elements: Drainage Design Original Agreement (OSM) $115, 000 Supplement Agreement No. 1 $ 32, 300 Bridge Design (Mn/DOT) $361, 487 Cross Roads Design Original Agreement $280, 770 (Barton-Aschman) Supplemental Agreement No. 1 $ 51,873 Supplemental Agreement No. 2 $ 9 , 134 Total (To Date) $850,564 )j7 -F ALTERNATIVES: 1. Approve of the Supplemental Agreement No. 2 with Barton- Aschman for design services associated with the Shakopee Bypass. 2 . Deny the agreement. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to direct the appropriate City officials to execute a Supplemental Agreement No. 2 with Barton-Aschman to provide additional design services associated with the Shakopee Bypass. RR/pmp SUPPLEMENT I MEMO TO: Honorable Mayor and City Council ,V 6-13)-- FROM: Dave Hutton, Public Works Director SUBJECT: Status Update on Shakopee Bypass DATE: August 29, 1990 INFORMATIONAL ITEM: There have been two recent developments regarding the Shakopee Bypass. The first item which I believe most of the Council is aware of is that the Pollution Control Agency has issued Mn/DOT a noise variance for the Schmitz parcel. Mn/DOT is now proceeding with bidding the first phase of the project, with a bid opening scheduled for September 28, 1990. The second development was presented to staff at our regular Bypass Design Team meeting on August 29, 1990. Mn/DOT staff at the District have indicated that the entire project ($31 million) is now funded and programmed. The project is being staged over the next four years with a completion date of November, 1992 . District staff must still have their proposed staging plan approved by St. Paul, so an official announcement from Mn/DOT will not be issued for several weeks. DH/pmp UPDATE J3 )--u MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Lewis Street, Project No. 1990-5 DATE: August 29, 1990 INFORMATIONAL ITEM: Staff would like to provide the City Council with an update on the completion deadlines for the Lewis Street Reconstruction Project. According to the terms of the contract for this project, this project must be "substantially complete" by September 1, 1990. Substantially complete is further defined as having the first base course of asphalt down and all of the sidewalk work completed. Landscaping, such as sodding and tree planting, the final wear course of asphalt and clean-up are not required to be completed in order to be considered substantially complete. The contract also indicates that the final completion date of this project is September 30, 1990. At that point, all landscaping, final wear course of asphalt and clean-up must be completed or liquidated damages could be levied against the Contractor. To date, it appears that the Contractor will meet his preliminary completion date of September 1, 1990. It also does not appear that he will have trouble meeting his final completion date of September 30, 1990, although he has requested an extension of that final completion date. The extension request has been denied by staff because staff does not feel that it is necessary. Attached is a response from staff to the Contractor regarding this completion deadline extension. Upon being informed of the denial for extending the completion deadline, the Contractor has indicated that he will monitor his progress in early September and if he feels that he will need additional time he will then make another request. DH/pmp EXTENSION S,�E OEVELOPM f1 I3 �`� S.M.Hentges &Sons Inc. P. 0. BOX 212 SHAKOPEE, MN. 55379 SHAKOPEE MN. 445-7004 (612) 445-7004 --16•TRUCKsG August 10 , 1990 Dave Hutton Public Works Director City Hall 129 east 1st Avenue Shakopee, MN 55379 Re : Lewis Street Project Dear Dave , Reference is made to your letter dated August 1 , 1990 , indicating that our completion date for the afore-referenced project remains September 1 , 1990 . I thought that everyone living in this area realized that we have had alot of rain this year causing many problems , especially in construction . Following is a list indicating the days it rained during the construction of this project. Remember, once it rains it takes several days of good weather to dry up the area before we can start working again . These rain days coupled with the time Minnegasco took to relocate their gas lines caused us to lose approximately 40 working days. Rain Days 5/22/90 0 5 inches 5/25/ 0 3 6/2/ 1 4 6/5/ 0 3 6/11 / 0 2 6/12/ 0 8 6/13/ 0 4 6/16/ 0 5 6/17/ 0 5 6/19/ 0 2 6/27/ 1 4 6/28/ 1 0 7/7/ 0 9 GENERAL CONTRACTOR SEWER & WATER, EXCAVATING, SITE DEVELOPING, TRUCKING & HEAVY EQUIPMENT MOVING 1 3 "i 7/11/ 1 1 7/26/ 2 0 With all the above taken into account, please extend our completion date to November 1 , 1990. Sin -re / rif Steve Hen p es President f3J�✓ 1.260 INV=311M- igeo CITY OF SHAKOPEE e4 rte INCORPORATED 1870 N. ''.x`'' 129 EAST FIRST AVENUE,SHAKOPEE, MINNESOTA 55379-1376 (612)445.3650 64 KOF s I ( August 29, 1990 Steve Hentges S.M. Hentges & Sons, Inc. P.O. Box 212 Shakopee, MN 55379 RE: Lewis Street Project Dear Steve: I am receipt of your August 10, 1990 letter requesting a time extension for the Lewis Street Reconstruction Project. According to the terms of the contract, this project must be substantially completed by September 1, 1990 and with a final completion deadline of September 30, 1990. The substantially completion deadline of September 1, 1990 was put in the contract in order to ensure that the first lift of asphalt and sidewalks would be constructed prior to school starting. It appears that you have met your contractual requirements to have the project substantially complete by September 1, 1990. It also appears to me, based on the recent progress of the project, that you will not have trouble completing this project in its entirety by September 30, 1990. Therefore, I see no reason for the time extension request and I am subsequently denying your request. If additional circumstances in early September result in project delays, I will entertain a time extension request at that time, if the request is submitted no later than September 15, 1990. Also, please be advised that if there are legitimate circumstances that require a deadline extension the maximum time extension that will be entertained by my office is two weeks or a final completion deadline of around October 15, 1990. Unless we hear from you further, the contract completion deadline of September 30, 1990 will still be enforced. The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER Please contact me if you wish to discuss this item any further. For your information, on this and all future projects the City Council of Shakopee is going to be very cognizant of the project deadlines and look unfavorably on project delays. Sincerely, Gt -� David E. Hutton, P.E. Public Works Director DH/pmp HENTGES üiSENL Memo To: Honorable Mayor and City Council Members From: Dennis R. Kraft, City Administrator Re: Probation Termination Date: August 31, 1990 Introduction Tom Steininger, Police Chief, has successfully completed the required six-month probationary period. Background Tom was hired as Police Chief on 2/26/90 . All appointments are subject to a probationary period of six months. His job performance is within acceptable standards, therefore it is my recommendation that the probationary status be terminated effective August 26, 1990. Action Requested Move to terminate the probationary status of Tom Steininger, Police Chief, effective August 26, 1990 . CONSENT i 3 , MEMO TO: Dennis R. Kraft, City Administrtor 3 FROM: Judith S. Cox, City Clerk RE: Purchase of New Transcriber DATE: August 28, 1990 INTRODUCTION AND BACKGROUND: The transcriber currently being used by the receptionist is in need of repair. Rather than pay for a service call in the amount of $77 . 50, plus parts if necessary, I am recommending that a new transcriber be purchased at this time. (See memo from Tami attached. ) The transcriber was not budgeted in 1990 so an amendment to the city clerk' s budget would be required, if a new transcriber is purchased. I would like to reduce the travel & subsistence line item and the conferences & schools line item by $449 . 00 and increase the capital equipment line item by $449 . 00 . (I was unable to attend the clerk' s conference this year which was in March. ) RECOMMENDED ACTION: 1. Offer Resolution No. 3278, A Resolution Amending Resolution No. 3159 , Adopting the 1990 Budget, and move its adoption. 2 . Approve the purchase of a Linier Transcriber from Wahl & Wahl at a cost of $449 . 00. MEMO TO: Judy Cox, City Clerk FROM: Tami Vidmar, Receptionist/Clerk RE: Purchasing New Transcriber DATE: August 28, 1990 As you are aware, recently my Lanier transcriber took a turn for the worse. I have had it repaired 3 times in the 2 1/2 years that I have had the machine. The machine was a hand me down from the Administrative Secretary at that time. In checking with our Purchasing Department I have found the machine was purchased in June 1980, making it over 10 years old, which is about the life expectancy for this piece of equipment. The machine is used daily so I feel it has held up very well. We do not have a maintenance agreement on this machine because of the high cost of that agreement. I have put together a list of alternatives for you to look over. 1. Call repairman out at a cost of $77 . 50. This does not include parts and there is no guarantee that it can be repaired. 2 . Purchase a new Lanier Transcriber from Wahl & Wahl at a cost of $449 . 00 (available immediately) . See brochure attached. 3 . Purchase a new Dictaphone transcriber from Dictaphone at an estimated cost of $450. 00 - $500. 00 (available immediately) . They are sending brochure along with price confirmation & maintenance agreement price. 4 . Purchase a new Craig transcriber from Business Outfitter in Shakopee for a cost of $299 . 95. Available within about 1 week of order date. See attachment from catalog. My choice would be for option #2 to purchase the Lanier. I realize the Craig transcriber from Business Outfitters looks more attractive price wise, however, it does not have near the life expectancy of the Lanier and is not easily serviceable. I lean towards the Lanier model for many reasons; 1) The reputation of the Lanier is wonderful, they are long lasting, dependable equipment, 2) The maintenance agreement which runs $56. 00 per year after the warranty expires is a better value than any of the other machines, the Craig must be packaged and shipped to the manufacturer (taking 4-6 weeks) and the Dictaphone Company has to date sent no written information confirming cost or maintenance agreement price, I have spoke with them twice asking for this information. We have always had service within 24 hours of our call to Lanier in the past. 3) All other transcribers in the office are Lanier' s, which I feel speaks for itself. I feel in the long run the Lanier is the best buy dollar for dollar as I am confident we can get another 10 years of service out of this new machine. Please let me know what option, if any we can go with. Until that time I will be unable to do any transcribing work and this also leaves my back-up person without the ability to do any transcribing while filling in for me, which is the bulk of her work up front. / 3J RESOLUTION 3278 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 Category Division Amount 01 4511 13 449 . 00 and the increases are offset or funded by decreases in the following accounts: Fund Account/CategoryDivision Amount 01 4330 13 300. 00 01 4390 13 149 . 00 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 CONSENT )c- TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: City Cost Share of Downtown Bridge Project DATE: August 30, 1990 Introduction The City has entered into an agreement to deposit with MDOT the balance of the $1.9 million commitment for the downtown bridge project. We have now received an invoice for the agreed upon amount. I would appreciate specific Council approval to pay the invoice. Action Move to approve the payment of $1,476,180.50 to the Minnesota Department of Transportation in accordance with the previously executed agreement for the downtown bridge project. l 'ov MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Scott County Development Coalition - Resolution No. 3276 DATE: August 28, 1990 INTRODUCTION: On July 26, 1990 representatives from Scott County municipalities met to discuss the formation of a Scott County Development Coalition. The majority of those in attendance are in support of pursuing this concept. Each of the municipalities in Scott County are in the process of preparing a resolution in support of the development coalition concept. This resolution will be presented to the Scott County Board in an attempt to solicit their permission to allow the Twin Cities Metro Development Co. to process SBA 503\504 loan programs in Scott County. BACKGROUND: Several months ago communities in Scott County formed a task force in an effort to examine areas of consolidation in terms of economic development efforts. The task force has met on five separate occasions to discuss specific economic development activities, such as public relations/information and project financing processing. Our research of available resources led us to the Twin Cities Metro Development Co. The general purpose and nature of the development company is to further economic development in the Twin Cities Metro area and to promote and assist in the growth of business concerns, including small business concerns and the encouragement and assistance in the location of new business and industry in the metropolitan area. One of the common concerns of local municipality administrators is the inability to provide expert assistance to small businesses in processing 503/504 loan programs. The Twin Cities Metro Development Co. does have the ability and expertise to process said applications. Communities and/or groups that become members of the Twin Cities Metro Development Co. subscribe to a one time ($5, 000) membership fee and receive a 3/8 percent processing and closing fee for each small business loan approved in their community or area. On a one million dollar loan, the 3/8 % fee would equate to $2 , 250. Under the Economic Development Coalition concept, these funds would be collected by the coalition and placed into a fund for marketing purposes. There is also a one time membership fee which is available to become a member of the Twin Cities Development Co. However, under this scenario the participating community or organization would not receive any processing fee from the loans processed in their community or area. Shown in Attachment # 1 is an overview of the SBA 504 loan program. The fist step in creating the Scott County Development Coalition is to obtain Scott County approval to allow the Twin Cities Metro tt- (3 Development Co. to process SBA 503/504 loans in Scott County. To accomplish this task, each community in Scott County is preparing a resolution indicating our desire to investigate the creation of a Scott County Development Coalition. We are also requesting Scott County' s approval to allow the Twin Cities Metro Development Co. to process 503/504 loans in the Scott County area. Shown in Attachment # 2 is Resolution No. 3276 outlining the City of Shakopee ' s desire to investigate the creation of the Scott County Development Coalition and requesting Scott County to allow the Twin Cities Metro Development Corp. to process SBA 503/504 loan programs. I am confident that we can raise initial start up funds for the creation of the coalition through private contributions. The Community Development Commission believes that if this concept can be formally structured it would provide small businesses in our area with development assistance, as well as generating a small finance pool that the Scott County Development Coalition could utilize for joint marketing purposes. The Community Development Commission is recommending Council approval of the attached resolution, stating our intent to continue investigating the creation of a Scott County Development Coalition and our support for the Twin Cities Metro Development Company' s ability and authority to process SBA 503/504 loans in Scott County. Approval of the resolution does not bind the City of Shakopee in terms of any financial commitment to the proposed Scott County Economic Development Coalition or the Twin Cities Metro Development Co. The direction set forth in the Resolution is also consistent with the 1990/91 Strategic Plan. ALTERNATIVES: 1. Approve the proposed resolution as attached. 2 . Do not approve the proposed resolution. 3 . Amend the proposed resolution and approve. 4 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3276, a resolution indicating the City of Shakopee' s desire to investigate the formation of a Scott County Economic Development Coalition and requesting Scott County' s support granting approval to allow the Twin Cities Metro Development Co. to process SBA 503/504 loan programs in Scott County and move its adoption. III. SBA 504 LOAN PROGRAM OVERVIEW The U.S. Small Business Administration 's 503/504 Loan Program has sponsored the development of approximately 400 to 500 "quasi-public" Certified Development Companies (CDCs ) throughout the United States . These Certified Development Companies are usually organized as private non-profit financing corporations serving a specific municipality, region, or serving on a state- wide basis. These agencies serve in an economic development capacity to assist businesses in locating and/or expanding within their service territory by providing direct access to the SBA' s financing programs. A Certified Development Company, once approved by the Small Business Administration, can apply for direct funding from the SBA for up to 40 percent of a project's costs to a maximum of $750 ,000 . These funds are used in a subordinated security position leveraging private financing, typically for real estate and/or equipment business expansions. SBA funding is injected into the project at below market, fixed interest rates for periods of from 10 - 20 years. The Certified Development Company is responsible for collecting all of the required data, preparing the loan application on behalf of the business and submitting the application to SBA for review, approval, and eventual funding. • III-1 • In conjunction with the SBA funding, the Certified Development Company also seeks private financing for 50 percent or more of the project cost. The private funding, usually provided by a local bank or savings and loan, retains a first security position on the collateral. This first mortgage financing is in a strong security position relative to both exposure (usually does not exceed 50 percent of the project cost) and collateral position (based upon the SBA second mortgage) . As an example, a typical project would be structured as follows: Uses of Funds Purchase of Land $100,000 Building Construction 500 00_0 0 00 Total $600 Sources of Funds Local Bank (50%) . $300 ,000 (1st Mortgage) CDC/SBA 503/504 (40% ) 240,000 ( 2nd Mortgage) Owner 's Equity (10%) 60 000 Total $600,000 The Certified Development Companies, in their current role as authorized agents of the SBA, act as conduit lenders for the SBA for the issuance of the second mortgage 503/504 debentures. The development companies are staffed with finance professionals who structure the project financing and prepare required loan applications , and upon approval, fund and service the SBA debt. The Certified Development Company' s cooperation with local lenders is currently the primary source for the private funding required for SBA 503/504 projects . In most cases , the CDCs do not act as the lender, either directly or on a conduit basis for this private financing. III-2 • SBA 503/504 Loan Program Overview Background • A certified development company (CDC) has been certified by the Small Business Administration (SBA) and can aid in the financing of small business expansions and start ups . The CDC, in conjunction with private lenders , can provide long-term, low interest, fixed rate financing to eligible businesses. The information which follows will serve to detail guidelines and requirements of the SBA 503/504 Program. Eligibility Businesses receiving loans through the SBA 503/504 Loan Program must: * Be a for-profit corporation, partnership, sole proprietorship or producer cooperative, including start-up businesses; * Have a net worth less than $6 ,000 ,000 ; * Have an average net after-tax profit of less than $2 ,000 ,000 during the preceding two years; * Be an owner-operated business .(ownership of assets must be identicle to ownership of small business being assisted) ; and, * Create or retain at least one job for every $15 ,000 of SBA funds. Ineligible Businesses The following businesses are not eligible for SBA 503/504 loans : * Any business not meeting the above requirements; * Speculative investment companies or real estate investment companies in which the principal interest of the participants is to invest in real estate and not to fund and operate ongoing concerns; * Newspapers, magazines , television, radio, and similar enterprises ; * Lending institutions; * Gambling facilities ; and, * Recreational facilities not open to the public. • III-3 Uses Loan funds may be used for fixed asset financing only, which includes : * Land; * Building(s ) , including construction of new building(s ) , renovation of existing building (s ) or purchase of existing building (s ) ; * Machinery and equipment which have a minimum useful life of the term of the loan; and, * Leasehold improvements with evidence of a lease running at least as long as the term of the loan or includes renewal options at the sole discretion of the lessee whose combined total years equal or surpass the term of the loan. Terms and Conditions The amount of financing provided for any determined on a case-by-case basis. The maxi particular B project is is $750,000 , or 40 maximum SBA loan amount is less. percent of the total project cost, whichever The private lender must inject at least 50 percent of • the project financing. SBA terms are 10 to 20 rate of interest which is roughly 1years at a fixedy Bonds of similar maturity. prpercent above U.S. Treasury vaust be at least lU years at a fixeor� ,floatingte ratender whicherm is "reasonable" and legal. • The SBA 503/504 Loan usually follows the mortgage retaining a second lien on the assetste lender's first • • 11I-4 /If 12-f EXAMPLE: Land and Building $ 750 ,000 Equipment 250 , 000 • $1 , 000 , 000 Source: Bank--First Lein $ 500, 000 504--Second Lein ' ! 400 , 000 Equity` i 100 ,000 -;.4,(- 4.4„, $1 , 000 , 000- 1 . 1 , 000 , 0001 . $5 ,000 one-time membership fee Return for screening application 3/8 percent of processing and closing fee which is : 1-1/2 of 504 Loan EXAMPLE: $400 , 000 x 1-1/2 percent = $6 , 000 $ 6 , 000 x 3/8 percent = $2 , 250 2 . $1 ,000 one-time membership fee No return Letter of support from County 4/ Attachment No. 2 RESOLUTION NO. 3276 A RESOLUTION INDICATING THE CITY OF SHAKOPEE'S DESIRE TO INVESTIGATE THE FORMATION OF A SCOTT COUNTY ECONOMIC DEVELOPMENT COALITION AND REQUESTING SCOTT COUNTY'S ,SUPPORT GRANTING APPROVAL TO ALLOW THE TWIN CITIES METRO DEVELOPMENT COMPANY TO PROCESS SBA 503/504 LOAN PROGRAMS IN SCOTT COUNTY WHEREAS, there are a limited number of tools available to attract qualified commercial and industrial prospects to our community; and WHEREAS, the Shakopee City Council recognizes that small businesses play a significant roll in contributing to the economic well being of a community; and WHEREAS, the City of Shakopee recognizes the fact that economic development activity in areas outside of the city limits of the City of Shakopee and within Scott County will have a spinoff positive impact on our community; and WHEREAS, it would be mutually beneficial for the communities in Scott County to work together to promote the Scott County area as an attractive area to do business; and WHEREAS, recent state cutbacks in funding prevent the City of Shakopee from obtaining sufficient staff resources to process and package small business administration loans for interested businesses; and WHEREAS, the Twin Cities Metro Development Company has been certified by the State of Minnesota to process SBA 503/504 loan programs; and WHEREAS, it is necessary for the Scott County Board to authorize the approval for the Twin Cities Metro Development Co. to process SBA 503/504 loan programs in Shakopee; NOW, THEREFORE, BE IT RESOLVES by the Shakopee City Council that the City of Shakopee intends to continue to investigate the formation of a Scott County Development Coalition who ' s purpose will be to foster economic development in Scott County. BE IT FURTHER RESOLVED, that the Shakopee City Council hereby requests the Scott County Board to grant approval to allow the Twin Cities Metro Development Co. to process SBA 503/504 loan programs in Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 4. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1990. City Attorney iy b. MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk � ( RE: Resolution of Appreciation to Mr. Coller DATE: August 31, 1990 INTRODUCTION AND BACKGROUND: As you are aware, Mr. Coller has completed 51 years of service for the city in the capacity of city attorney. He will be concluding his duties during the next couple of months as he transfers his work to the new city attorney. A party is being planned for Mr. Coller on October 4th. The attached resolution has been prepared for Council consideration. Staff felt that Council would want to adopt a resolution at this time so that it would be available at the party. ACTION RECOMMENDED: Offer Resolution No. 3281, A Resolution Of Appreciation To Julius A. Coller II For Outstanding And Dedicated Service Above And Beyond The Call Of Duty As City Attorney For The City Of Shakopee, and move its adoption. RESOLUTION NO. 3281 A Resolution Of Appreciation To Julius A. Coller II For Outstanding And Dedicated Service Above And Beyond The Call Of Duty As City Attorney For The City Of Shakopee WHEREAS, Julius A. Coller II, has been a lifetime resident of the City of Shakopee who has diligently served the City of Shakopee in the position of City Attorney for 51 years; and WHEREAS, in performing the duties of the position of City Attorney, Mr. Coller provided consistent and valuable legal advice which served to protect and enhance the quality of life in Shakopee; and WHEREAS, Mr. Coller always administered his oath of office in a consciences, dedicated and caring manner; and WHEREAS, during his employment with the City of Shakopee, Mr. Coller has earned the respect and appreciation of his fellow colleagues, employees and the many elected officials whom he has had the opportunity to serve. NOW, THEREFORE, BE IT RESOLVED, that the Shakopee City Council, on behalf of all the citizens and residents of the City of Shakopee, and on its own behalf, does hereby publicly express the deep gratitude and appreciation of all to Julius A. Coller II for his many years of dedicated service to both the City and Community. BE IT FURTHER RESOLVED, that this Resolution of Appreciation be spread upon and become a part of the minutes of the Shakopee City Council and that a signed copy thereof be presented to Julius A. Coller II as a tangible expression of the City' s gratitude. Adopted in Regular Session of the Shakopee City Council held this 4th day of September, 1990. Mayor of the City of Shakopee ATTEST: City Clerk , /6 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director 4'� SUBJECT: Bluff Avenue Appraisal DATE: August 29, 1990 INTRODUCTION: Staff is seeking negotiating parameters for acquiring the right-of- way for the Bluff Avenue Project, Naumkeag Street to Marschall Road. BACKGROUND: On April 3, 1990 the City Council of Shakopee ordered the improvement to Bluff Avenue between Naumkeag Street and Marschall Road. As part of this project, the City must acquire additional right-of- way from Mr. and Mrs. Bill Hauer of 706 S. Apgar Street, Shakopee, MN. On May 1, 1990 the City Council authorized staff to obtain an appraisal of the property. The appraisal report has been completed and submitted to staff, as well as to the property owner. The appraisal report concluded that the value of the property desired by the taking is $65,900. 00. This computes to a price of $2 .48 per square foot. Staff has met with the affected property owner to discuss the appraisal report. The property owner, based on the advice of their real estate agent, feels that the value of the land should be between $2 .75 - $3 . 00 per sq. ft. They feel that several of the older comparable land sales in the City's appraisal were not adjusted properly for time and also that the high and low comparables should have been discarded and not used to calculate the average price per sq. ft. The rationale for doing that is that there may have been extenuating circumstances resulting in unusually larger or unusually small values and by throwing out the high and low values, the average of the comparable will not be affected either way. The property owner's price of $2 .75 - $3 . 00 per sq. ft. equates to a total cost of $73 , 191. 00 - $79,845.00. Staff has contacted both the Assistant City Attorney and the Appraiser regarding this counter offer from the property owner. Both of them recommend negotiating a settlement somewhere between the appraised value and the top end of the property owners value in order to avoid condemnation. The legal and administrative costs associated with going through condemnation, as well as the tendency / ' for the City's appraised value to be the "floor" when it comes to condemnation awards would undoubtedly result in the final costs for the property being higher than a negotiated settlement. The property owner is also willing to negotiate and desires to avoid condemnation. Staff would like City Council direction for negotiating this property. ALTERNATIVES: 1. Offer the property owner the appraised value of $65, 900. 00. If the property owner refuses, proceed with condemnation. 2. Accept the property owners counter offer of $79,845. 00. 3 . Offer the property owner $73, 191. 00, which is midway between the City's offer and their desired price of $3 . 00 per sq. ft. 4 . Establish a maximum offer for negotiating purposes, say $70, 000 or some other figure. RECOMMENDATION: Both the Assistant City Attorney and Appraiser recommend negotiating a settlement. Both of them feel that the property owners counter offer of $73, 191. 00 ($2.75 per sq. ft. ) is acceptable in lieu of condemnation. The property owner, who does not wish to go through condemnation, has informed staff that the lowest offer they could accept for the property was $2 .75 per sq. ft. or $73, 191. 00. They would prefer $3. 00 per sq. ft. , but will settle for $2 .75. Staff recommends accepting the amount of $2 .75 per sq. ft. and offering the property owner $73, 191.00 for the subject property. All costs associated with the right-of-way acquisition will be included in the overall project costs and assessed. ACTION REQUESTED: Direct staff to obtain the necessary right-of-way for Bluff Avenue from Mr. and Mrs. Bill Hauer for a total cost of $73, 191. 00 and authorize the appropriate City officials to execute the corresponding legal documents. DH/pmp HAUER Peter J. Patchin & Associates, Inc. Valuation Consultants (612) 895-1205 101 West Burnsville Parkway, Suite 200, Burnsville, Minnesota 55337 FAX (612) 895-1521 August 2 , 1990 1 City of Shakopee 129 East First Avenue 4 Shakopee, MN 55379-1376 ATTN: Mr. David Hutton Public Works Director RE: Market Value Appraisal Partial Taking for Exten- sion of Bluff Street Fee Owner: William Hauer (P. I.D. #27-906008-0) Dear Mr. Hutton: At your request we have made an appraisal of the above captioned property for the purpose of estimating the fair market value of the partial taking. The property has also been analyzed for sev- erance damages due to the taking. The attached report presents the findings, analysis and conclu- sions of the appraisal, and fully identifies the property. Based upon our inspection of the property and careful considera- tion of the many factors influencing market value, it is our opin- ion that the subject value is as follows. The market value of the subject' s Parcel I on July 23 , 1990 before the taking of $174 , 000. ONE HUNDRED SEVENTY FOUR THOUSAND DOLLARS The market value of the subject' s Parcel I on July 23 , 1990 after the taking of $108, 100. ONE HUNDRED EIGHT THOUSAND ONE HUNDRED DOLLARS /4 The difference between the before and after indicates a market value of the damages caused by the taking on July 23 , 1990 of $65, 900. SIXTY FIVE THOUSAND NINE HUNDRED DOLLARS Parcels II and III were not valued in this appraisal. The highest and best use of the subject is to divide it into three parcels. The value of Parcels II and III would not be effected by the tak- ing, and were therefore not valued. A title problem with this property was discovered when researching its value. Also, the appraiser did not have access to an accurate survey of the property, or soil tests on the property. The soil conditions are estimated from the owners estimates and the appraisers observations. The appraisers strongly recommend a title search, survey and soil test to determine the subjects actual condition. The appraisal has been made in conformity with accepted profes- sional, ethical and performance standards of real estate appraisal practice. If you have any questions or comments after reading the appraisal, please contact the firm. The undersigned appraisers certify that they have personally inspected the property and have investigated information believed to be pertinent to the valuation of the property and to the best of their knowledge and belief, the statements and opinions expressed herein are correct and reasonable, subject to the limit- ing conditions set forth herein. Certified to this 2nd day of August, 1990 PETER J. PATCHIN & ASSOCIATES, INC. ,91/ Joseph E. Mako Staff Appraiser Minnesota I . D. #4000911 Pe er J. P chin, MAI, ASA, CRE President Minnesota I.D. #4000453 Peter J. Patchin & Associates, Inc.