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.
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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
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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
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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
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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
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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
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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:
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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.