HomeMy WebLinkAbout05/21/1991 MEMO TO: Honorable Mayor and City Council
FROM: Dennis R. Kraft, City Administrator
RE: Non-Agenda Informational Items
DATE: May 17 , 1991
1 . Attached is a correspondence from Mr. Fred Cryer, 771 South
Jefferson Street offering to donate a 30 ' spruce tree to the
City of Shakopee to be used as a Christmas tree. City staff
has inspected the tree and find that it would serve very
nicely as a City Christmas Tree. If Council has no
objections, staff would like to propose that a correspondence
be drafted to Mr. Cryer accepting the donation of the tree.
Later this December, the Public Works Department will remove
the tree from Mr. Cryer' s property and place it on the vacant
lot located at the northeast corner of Holmes and First
Avenue. (The former Opera House location) . Please contact
Barry, if anyone has objections to the proposed course of
action.
2 . Attached is a correspondence from Mr. Lindberg Ekola regarding
the building materials to be utilized on the recently approved
J.E.J. Park warming house and restroom building.
3 . Attached is the realtor request for proposal description that
was sent to all realtors in Shakopee. The proposal
specifications were also advertised in the Shakopee Valley
News Legal Section on May 16, 1991. The proposal deadline is
Wednesday, May 21, 1991 at 10: 00 a.m. Staff will be
forwarding a recommendation to the Shakopee HRA and City
Council in regard to this issue on June 4 , 1991 .
4 . Attached is a list of the Mayor' s appointments to the
Municipal Task Force. The first meeting of the Municipal Task
Force was held on Thursday, May 16, 1991. Minutes of the
first meeting will be included as a non-agenda informational
item with the June 4, 1991 Council packet.
5 . Attached is a correspondence from Jerry Wampach to the
Shakopee Public Utilities Commission regarding the Tahpah Park
sprinkler system.
6. Attached are the minutes of the Energy and Transportation
Meeting held on March 20, 1991 .
7 . Completion of the expansion for Pablo' s Mexican Restaurant
Inc. has been delayed.
Paul has asked if he could have the license for the older
portion of the restaurant -- which has received a certificate
of occupancy, in conformance with the City Code. Staff has
delivered the license with the condition that it does not
include the expansion area to the west until a certificate of
occupancy is issued by the Building Official.
8 . Attached are the March 4 , 1991 minutes of the Shakopee Public
Utilities Commission meeting.
9 . Attached are the March 25, 1991 minutes of the Shakopee Public
Utilities Commission meeting.
10. Attached are the May 9, 1991 minutes of the Planning
Commission meeting.
11 . Attached are the May 9, 1991 minutes of the Board of
Adjustment and Appeals meeting.
12 . Attached is the Police Newsletter for Council review.
13 . Attached are the Revenue and Expenditure Reports as of April
30, 1991 .
April 30 , 1991
Shakopee City Hall
Attn: Mr. Barry Stock
129 1st. Avenue E. ,
Shakopee, MN 55379
Dear Sir:
We are interested in donating a 30 foot spruce tree to the city
of Shakopee as a possible Christmas tree. We reside at
771 So. Jefferson Street and invite a city representative to
inspect said tree.
Yours Sincerely,
g
F. A. Crye
771 So. Jefferson St.
Shakopee, MN 55379
MEMO TO: Dennis R. Kraft, City Administratoll•1_
FROM: Lindberg S. Ekola, City Planner V�
RE: Clarification of Zoning Ordinance Requirements
Building Material Regulations
Section 11. 60, Subd. 5 - Performance Standards
DATE: May 8, 1991
INTRODUCTION:
At the May 7, 1991 City Council meeting discussion took place on
the building material requirements for the proposed park structure
at the JEJ Park. Metal siding was proposed to be used on the
exterior of this building.
Section 4.60, Subd. 5 of the zoning ordinance regulates building
materials used on multi-family residential, business, and
industrial buildings only. The ordinance prohibits the use of
sheet aluminum, asbestos, tin or steel on those portions of a
building which front on an existing or planned public right-of-way,
abut a residential or institutional use or face a place of public
assembly such as a public park or recreational facility.
The park site is zoned R-2, Urban Residential. The proposed park
structure would utilize a metal siding typically used in the
construction of a single family residential home, thereby exempting
it from the Zoning Regulations as stated in Section 4 . 60, Subd. 5.
au: parkmatr
At 3
May 10, 1991
To: All Shakopee Realtors
From: Barry A. Stock, Assistant City Administrator
Subject: Property Listing Agreement - Request For Proposals
The City of Shakopee and Shakopee Housing and Redevelopment
Authority (HRA) are requesting proposals from realtors for listing
and sale of City and HRA surplus properties.
The number, type and legal descriptions of the properties and all
other pertinent data will be supplied to the successful bidder.
The present inventory of surplus property consists of several
developable residential lots and several commercial properties.
All properties are presently vacant. The term of the proposed
agreement shall be three years.
The successful proposal should include the following information:
(1) The amount of the sales commission.
(2) A copy of the Brokers license.
(3) A copy of your firm' s liability insurance policy.
(4) Confirmation of MLS membership.
(5) A brief summary on how you plan to market the properties
including the amount of public exposure in; (a) local media,
(b) Multiple Listing Service.
The determining factor for entering into an agreement with the
preferred realtor will be the amount of commission charged and the
amount and period of exposure you intend to provide.
The City of Shakopee and Shakopee HRA reserve the right to cancel
this solicitation of proposals, waive irregularities in said
solicitation and reject any and all proposals if it is considered
to be in the best interest of the City and/or HRA.
Proposals are to be sealed and delivered to the Assistant City
Administrator at 129 East 1st Avenue, Shakopee, Minnesota by 10 : 00
A.M. on May 29 , 1991.
The proposals will be opened May 29 , 1991 at 10: 00 AM in the City
Council Chambers of the City of Shakopee.
TAMI\ADMIN\REALTORS
L/
MUNICIPAL TASK FORCE
Jim Stillman 445-3523 Original Athletic Facility Committee
1018 South Clay Street
Shakopee, MN 55379
Paulette Rislund 445-3084 Park Advisory Board
1181 Jefferson Street
Shakopee, MN 55379
Jane DuBois 445-7155-H Commuity Development Commission
1705 West 3rd Avenue 445-5110-W
Shakopee, MN 55379
Joan Lynch 445-5585-H Planning Commission
2225 East Norton Drive 496-2125-W
Shakopee, MN 55379
Dave Kaufenberg 445-4358-H Shakopee/Prior Lake Hockey Assoc.
964 South Clay Street 829-6223-W
Shakopee, MN 55379
Dick Mertz 445-4884-H Scott County Board
845 South Lewis Street 445-2624-W
Shakopee, MN 55379
Jim Murphy 445-4884-W Shakopee School District
Shakopee Sr. High School
505 South Holmes Street
Shakopee, MN 55379
CITY OF SHAKOPEE `a, 7t-
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INCORPORATED 1870 N. ;,
129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612)445-3650
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May 10, 1991
Shakopee Public Utilities Commission
1030 East Third Avenue
Shakopee, Minnesota 55379
Attn. Lou VanHout, Manager
Re: Tahpah Park Sprinkler System
Gentlemen;
The City Council would like to request the Shakopee Public
Utilities Commission to review some of their policies in regard to
the provision of water and determine if they are appropriate in the
case of providing city water to a city park.
At their regular meeting on May 7th, City Council discussed
water service options for a proposed underground sprinkler system
in Tahpah Park. The two options discussed include the installation
of a city watermain or a well within the park. A well would only
benefit the sprinkler system and cannot be used for the concession
area which is presently served by a two inch municipal service
line. According to a memo from Mr. VanHout, dated April 30th, SPUC
standard policies, if applied, would add additional costs to the
installation of a watermain to the park. Mr. VanHout' s findings
are summarized below.
1. Standard design criteria requirements may or may not have
to be followed. They would require the watermain to cross one
complete side of the park. The standard water system design
criteria requires a basic amount of watermain equivalent to having
a 6" pipe every 400 feet both East-West and North-South. A 1/4
mile square of land like Tahpah Park would need 1 - 10 inch pipe
North/South, and have another one East/West. This would
potentially increase the project cost.
2 . A connection charge would increase the project cost by
between $28 , 000 and $55, 000 depending on whether the sprinkler
system is built with 4 equal zones or 8 equal zones.
3 . A trunk water charge at $600/acre for the 40 acre parcel
would increase the project cost by $24 , 000 .
The Heart Of Progress Valley
AN EQUAL OPPORTUNITY EMPLOYER
/"
Shakopee Public Utilities Commission
May 10, 1991
Page -2-
It should be noted that, if the city will provide a watermain
or well, the Jaycees are willing to pay for the entire cost of the
sprinkler system within the park (estimated at $100, 000) . This
would be a great contribution to the park and the citizens of
Shakopee.
The cost of constructing a watermain from 12th Avenue to
Tahpah Park is estimated at $43 , 000. A portion of the cost could
be borne by benefitting property owners. The city' s portion of the
project cost would amount to approximately $15, 150 . 00. The Public
Works Director' s estimate to install a well is approximately
$24 , 750 .
The City Council would like the Commissioners to discuss
whether or not their existing policies should be applied to a city
park. Your careful consideration of this matter would be greatly
appreciated.
I would appreciate it if this matter could be placed on the
next Commission agenda. The Public Works Director will prepare a
memo for the Utility Commission's information on this issue. It
will provide some rationale on why the policies may not be
applicable in this case.
Sinc rely,
Jerry Wampach
City Councilman
Liaison to SPUC
Minutes of the
Energy and Transportation Committee
Regular Session
March 20, 1991
Chairman Drees called the meeting to order at 7 : 00 P.M. with
Commissioners Otto, Drees, Roman, Stolarcek, Mars and Reinke
present. Commissioners Case, Ward and Kelly were absent. Barry
Stock, Assistant City Administrator and Dennis Ridley, Shakopee
Dial-A-Ride President were also present.
Reinke/Roman moved to approve the minutes of the February 20, 1991
meeting as kept. Motion carried unanimously.
Mr. Drees called for nominations for the Chairperson position.
Stolarcek nominated John Drees for the Chairperson position. There
were no other nominations. Stolarcek/Reinke moved to appoint John
Drees as the Chairperson for the Shakopee Energy and Transportation
Committee. Motion carried unanimously.
Chairman Drees asked if there were any nominations for the Vice-
Chair position. Commissioner Mars nominated Donna Roman for the
Vice-Chairperson position. There were no other nominations.
Mars/Reinke moved to appoint Donna Roman as the Vice-Chairperson
for the Shakopee Energy and Transportation Committee. Motion
carried unanimously.
Commissioner Mars if there were any nominations for the 2nd Vice-
Chair position. Commissioner Roman nominated Gail Mars for the 2nd
Vice-Chairperson position. There were no other nominations.
Roman/Stolarcek moved to nominate Gail Mars as the 2nd Vice-
Chairperson for the Shakopee Energy and Transportation Committee.
Motion carried unanimously.
Mr. Stock reviewed with the Energy and Transportation Committee the
1991 Waste Abatement Program Grant Request that is proposed to be
submitted to Scott County. Mr. Stock noted that the grant request
includes funding for the City Recycling Clean-up Program to held on
April 27th. The program also included funding for a fall yard
waste collection program and funds to purchase additional recycling
containers. Mr. Stock noted that following the last meeting of the
Energy and Transportation Committee he met with representatives
from Waste Management Inc. Waste Management officials stated a
concern regarding the Energy and Transportation Committee ' s
proposed Recycling Clean-up Program. Under the Energy and
Transportation Committee' s program as recommended at the last
meeting, the City would have only accepted recyclable items. Waste
Management was concerned over the fact that many Shakopee residents
would likely still attempt to dispose of junk items. Waste
Minutes of the Page - 2
Energy and Transportation Committee March 20, 1991
Management officials then recommended that the City continue the
program that has been provided in the past with a substantial
increase in the gate fees to offset the disposal costs. Mr. Stock
stated that he felt Waste Management ' s concern was valid and that
it would have taken a tremendous amount of marketing to inform and
educate Shakopee residents of the program format change.
Mr. Stock stated that the City Council was not very excited about
pursuing a community curbside exchange program. Mr. Stock stated
that he also questioned the possibility of such a program, given
the limited amount of staff time available to develop such a
program. Mr. Stock stated that he felt it would take an inordinate
amount of staff time to monitor the program and insure that it did
not get out of hand.
Commissioner Mars stated that she thought the community curbside
exchange program should be further investigated so that it could be
pursued in 1992 . Commissioner Stolarcek concurred by stating that
she felt that the program did have potential . Commissioner Reinke
stated that he thought the City of Belle Plaine, through their
Chamber of Commerce, sponsored an annual community garage sale that
was similar in format to the proposed community curbside exchange
concept. Mr. Stock suggested that if the Committee wishes to
pursue further investigation of the program that this is certainly
a possibility. He felt that further questions had to be analyzed
prior to making a formal recommendation to the City Council in
1992 . Discussion ensued.
Commissioner Stolarcek commented on the flyer promoting the 1991
City Recycling Day. She stated that next year the map indicating
the location of the Clean-up site should be simplified. Mr. Stock
stated that this was a good suggestion and that it would be pursued
in 1991 if the program is continued in 1992 .
Roman/Mars moved to recommend to City Council that the appropriate
City officials be authorized to submit the Grant Application
Request to Scott County to offset costs associated with the 1991
City Recycling Clean-up Program. Motion carried unanimously.
Mr. Stock noted that at the last meeting, the Committee discussed
options to encourage recycling in apartment complexes. The
Committee also discussed acquiring recycling containers that could
be placed in City parks. Mr. Stock stated that he has not received
any literature from the firms contacted who manufacture larger
recycling containers for government use. Mr. Stock also noted that
he has also not had the opportunity to contact apartment managers
to determine if they have any suggestions on how to increase the
recycling participation from tenants from within the apartment
complexes. Mr. Stock stated that he hoped to have this information
available at the Committee ' s next meeting. Mr. Stock then reviewed
the Dial-A-Ride, Recycling and Business Update from City Hall .
Minutes of the Page - 3
Energy and Transportation Committee March 20, 1991
Commissioner Reinke stated several concerns he had regarding Dial-
A-Ride dispatching. Mr. Ridley stated that the computerized
dispatching system does have some flaws in terms of coding
procedures and that they will hopefully be eliminated with a new
computer system that is being installed.
Commissioner Roman stated that she had received a complaint from a
resident who had been short changed by a Dial-A-Ride driver.
Commissioner Roman also stated that when the individual called the
Dial-A-Ride office it was not handled properly. Commissioner Roman
questioned if there was any procedure in place to track complaints,
in reference to particular employees. She also questioned whether
or not there was a system in place to verify that drivers are not
ripping off passenger fares. Mr. Ridley stated that there is a
system in place which tracks complaints. He did state however that
in terms of monitoring the collection of fares, there is a problem.
Mr. Ridley stated that the recent implementation of the new coupon
system which replaces punch cards has eliminated some of the
problems. Mr. Ridley went on to state that within the next three
months, fare boxes will also be installed in each of the Dial-A-
Ride vehicles. He stated that this will hopefully resolve any
questions of impropriety on the part of the drivers in regard to
fare collections.
Mr. Stock then reminded the Committee that the Shakopee Showcase
will be held on Monday, April 15, 1991 at Canterbury Downs and will
begin at 6: 30 p.m. He reminded the Transportation Committee
members to be in attendance at the Showcase to staff the Energy and
Transportation Committee booth.
Commissioner Reinke questioned whether or not it would be a good
time to begin advertising the Vanpool program again. He noted that
traditionally every summer ridership drops off. In response to
this seasonal problem he felt it would be a good idea to emphasize
marketing the Vanpool program between now and June 1st. Mr. Stock
stated that he felt that this was a good suggestion and would take
the appropriate action to have ads placed in the Shakopee Mint.
Roman/Mars moved to adjourn the meeting at 8 : 00 P.M. Motion
carried unanimously.
Barry A. Stock, Recording Secretary
MINUTES
OF THE
SHAKOPEE PUBLIC UTILITIES COMMISSION
The Shakopee Public Utilities Commission convened in regular
session on March 4 , 1991 at 4 : 30 P.M. in the Utilities meeting
room.
MEMBERS PRESENT: Commissioners Cook, Kirchmeier and
O'Toole. Also Liaison Wampach, Manager Van Hout and Secretary
Menden .
Motion by O'Toole, seconded by Kirchmeier that the
minutes from the February 4 , 1991 regular meeting be approved
as kept . Motion carried.
BILLS READ:
City of Shakopee 20 ,032 . 00
ARA/CORY Refreshment Service 78 . 00
American Casting and Mfg. Corp. 984 . 28
American Safety Utility Corp. 27 . 93
Auto Central Supply 3 . 30
Barry Office Products Co. 309 . 60
Battery and Tire Warehouse Inc . 34 . 77
R .W. Beck and Associates 7 , 272 . 96
Border States Industries, Inc . 2, 530 . 73
Brown Luce Properties 56 . 03
Business Outfitters , Inc . 349 . 89
Champion , Inc . 3 ,485 . 00
Chanhassen Lawn and Sport 76 . 93
Chicago and Northwestern Transportation Co. 2 ,050 .00
City of Shakopee 1 , 304 . 95
City of Shakopee 137 . 50
City of Shakopee 13 , 762 . 00
City of Shakopee 1 , 519 .46
Clay' s Printing Service 134 . 55
Communication Auditors 13 . 64
Cy' s Amoco and Tire Center 68 . 81
Davies Water Equipment Co . 1 ,751 . 80
Deputy Registrar #135 r 88. 50
Dorcon, Inc . 129 . 20
Dressen Oil Co . 546 . 15
Electrol Equipment , Inc . 86 . 11
Glenwood Inglewood 11 . 67
Gopher State One-Call , Inc . 143 . 50
Graybar Electric Co . , Inc . 2 ,722 . 26
H & C Electric Supply 618. 07
HDR Engineering, Inc . 2 ,759 . 57
Harmons Hardware, Inc . 21 . 14
International Business Machines Corp. 143 . 00
Leef Bros . , Inc . 22 . 69
MV Gas Company 8 . 25
Minnesota Valley Testing Laboratories , Inc . 36 . 00
Northern Sanitary Supply Co . , Inc . 156 . 55
Northern States Power Co . 365 , 998 . 15
Northern States Power Co . 707 . 93
Olsen , Thielen and Co. , LTD 50 . 00
Parkside Printing, Inc . 124 . 75
Pitney Bowes 100 . 50
Quast Transfer, Inc . 204 . 12
Shakopee Ford , Inc . 193 . 77
Shakopee Public Utilities Commission 59 . 24
Shenehon and Associates , Inc . 2 ,807 . 50
Simon-Midwest , Inc . 1 , 323 . 56
Southwest Suburban Publishing 251 . 12
Southwest Suburban Publishing 18 . 36
Starks Cleaning Services 68 . 00
System Control Services 279 . 90
T & R Service 489 . 00
Total Tool 85 . 43
Lou Van Haut 47 . 44
Viking Industrial Center 46 . 97
Water Products Company 1 , 256 . 09
Westinghouse Electric Supply Co . 2 ,984 .02
Wild Iris 92 . 00
Yarusso ' s Hardware Co . 74 . 90
McGrann Shea Franzen Carnival Straughn
and Lamb Chartered 4 ,266 . 63
Motion by Kirchmeier, seconded by O'Toole that the bills
be allowed and ordered paid . Motion carried.
Mr. Ted Jasper, developer and Barry Stock , assistant City
Administrator were present to discuss the development project on
Dakota Street regarding the looping of the watermain if a cul-de-
sac were to be put in at the end of Daketa Street .
Motion by Kirchmeier, seconded by O'Toole that the Shakopee
Public Utilities Commission grant an exemption to the watermain
looping on the Ted Jasper project . Motion carried.
Barry Stock introduced Jon Albinson who has been appointed
by the CDC as their liaison to the Shakopee Public Utilities
Commission .
The staff for the Shakopee Public Utilities Commission will
look into electronic transfer of bill payments .
Jerry Wampach was asked to convey a request from SPUC
for a joint meeting with the City Council on April 16 , 1991 .
The Vierling Drive watermain oversizing resolution will be
drafted for the next meeting.
An agreement with MnDot regarding the downtown electric
relocation was received . It has been recommended by our
Engineer, George Little that the agreement be signed .
Motion by O'Toole , seconded by Kirchmeier to table the
agreement approval until the Resolution #370 was presented.
Motion carried.
A communication from Schoell and Madson regarding the
Water Connection Charges and basis for a per square foot charge
was acknowledged . A discussion followed. It was the concensus
of the Commission to continue with past practice until the
basis for the per square foot additional charge can be looked
into more carefully.
The Service area acquisition status was reported on
by Manager Van Rout . The agreement with Northern States
Power Co . has been received and is ready for signatures .
The agreement with Cooperative Power has not been returned
at this time .
Motion by Cook, seconded by Kirchmeier that the Shakopee
Public Utilities Commission formally approve the agreement
with Northern States Power Co. as delineated in the letter
dated February 4 , 1991 from our consultant Andy Shea of
McGrann, Shea , Franzen , Carnival , Straughn and Lamb Chartered
Motion carried.
A letter from Shenehon and Associates was acknowledged.
Staff will compile the amount that has been paid to Shenehon
to date .
A revised draft of the agreement with Cooperative Power
has been sent to Cooperative Power from our consultant ,
Andy Shea . There is no response to date .
r
A letter has been sent out to the acquisition
customers affected by the off peak water heater advising
them that we are no longer able to offer them the credit
and if they would like the control removed, to advise the
the office of their intentions . They were informed that the
the rate would still be lower than before even without the credit .
A request for proposal discussion was held. It was the
concensus of the Commission to have the proposals put in writing
and a comparison made and a recommendation made to the Commission
by the Manager.
The Minnesota Municipal Utilities Association legislative
roundup will be held on March 19 , 20 , 21 , 1991 .
Motion by O'Toole , seconded by Kirchmeier to offer Resolution
#370 a Resolution Authorizing the Entering into a License Agreement
With the Chicago and Northwestern Railroad for one Electric Line
Crossing of the Spur Line Located in the Plat of the Valley Park
6th Addition. Ayes : Commissioners O'Toole, Cook and Kirchmeier .
Nayes : none . Resolution passed. Motion carried.
The possible replacement of a watermain located in 5th Avenue
between Spencer and Fillmore was discussed in connection with the
Market - 5th Street project . The concensus was to not
reconstruct that section of watermain .
The underground electric service for lighting for the baseball
fields located at Tahpah Park will be billed as consistent with
standard Shakopee Public Utilities Commission policy.
Motion by Kirchmeier, seconded by Cook to Offer Resolution
#371 A Resolution Approving and Authorizing Relocation Agreement
No . 68013 , An Agreement With the State of Minnesota to Provide
Reimbursement of A portion of the Costs for Relocation of
Electrical Facilities Affected by Construction of the Shakopee
Mini Bypass and Minnesota River Bridge . Ayes : Commissioners
Kirchmeier, Cook and O'Toole . Nayes : none . Resolution passed .
Motion carried.
There were no new plats for February, 1991 .
There were three fire calls for 30 minutes man hours for the
month of February.
There were no lost time accidents for February, 1991 .
Motion by O'Toole, seconded by Kirchmeier to adjourn to
executive session for the purpose of a wage discussion. Motion
carried.
I
A special meeting for the purpose of discussing wages and
personnel policies will be held on March 25, 1991 .
The next regular meeting of the Shakopee Public Utilities
Commission will be held on April 1 , 1991 .
I
Barbara Menden,fCbmmission Secretary
•
c1
MINUTES
OF THE
SHAKOPEE PUBLIC UTILITIES COMMISSION
The Shakopee Public Utilities Commission convened in
special session on March 25 , 1991 at 4 : 50 P .M. in the
Utilities meeting room .
MEMBERS PRESENT : Commissioners Cook, Kirchmeier and
O' Toole . Also Manager Van Hout and Secretary Menden .
Motion by Kirchmeier, seconded by O'Toole to adjourn
to executive session for the purpose of wage discussions .
Motion carried .
Motion by Cook , seconded by Kirchmeier that the meeting
be adjourned . Motion carried.
-)ILI) L1-21111J
Barbara Menden;��omm. Secretary
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PLANNING COMMISSION
SHAKOPEE, MINNESOTA
REGULAR SESSION May 9 , 1991
MEMBERS PRESENT: Allen, Joos, Kahleck, Lynch, Mars,
Spurrier
MEMBERS ABSENT: None
OTHERS PRESENT: Lindberg Ekola, City Planner; Dave
Hutton, Public Works Director; Karen
Marty, City Attorney; Aggie Unze,
Secretary
I. ROLL CALL
Roll call was taken as noted above.
II . APPROVAL OF AGENDA
The City Planner requested that item 11a, Terminal Transport
Review be moved to 10c under discussion items.
The agenda was approved as amended.
III . APPROVAL OF THE MINUTES OF APRIL 4, 1991
The minutes of the April 4 , 1991 Planning Commission meeting
were approved as kept.
IV. RECOGNITION OF INTERESTED CITIZENS
Chairperson Kahleck asked if anyone present wished to address
the Commission on any item no on the agenda. There was no
response.
V. PUBLIC HEARING ON AMENDMENT, RENEWAL AND REVIEW OF
CONDITIONAL USE PERMIT NO. 376 - SCOTT COUNTY LUMBER CO.
Chairperson Kahleck opened the public hearing.
The City Planner noted that the Scott County Lumber Co. was
granted Conditional Use Permit No. 376 on April 5, 1988 to
allow a sand and gravel mining operation on an agriculturally
zoned property. One of the conditions of the permit was an
annual review and a renewal of the permit every three years.
At this time the applicant is also requesting two amendments
to the Conditional Use Permit.
Ekola explained that one of the requested amendments involves
the extension of operating hours of the mining operation from
8 a.m. - 5 p.m Monday through Friday to 7 a.m. - 7 p.m. Monday
Minutes of the Page - 2
Shakopee Planning Commission May 9, 1991
through Saturday. He explained some of the reasons for the
restrictions on operating hours in the original conditional
use permit and the hardships that these hours cause to the
mining operation.
The second amendment is a request to install two security
lights on the property. Condition 413 of the Conditional Use
Permit requires that no exterior lighting be used on the
operation site. The applicant is requesting two lights for
security purposes be allowed. The proposed lighting would not
cause any direct light to be visible from adjacent properties
or public right-of-ways.
The City Planner outlined the renewal requirement and noted
the mining operations compliance to the 20 conditions listed
in the conditional use permit. He also noted that there have
only been two complains filed with the Police Department since
last year' s review.
Jerry Duffy, a lawyer representing the applicant, came forward
to explain the need for the extended hours and the security
lighting. He stated that the confining hours make it
difficult for the mining operation to be competitive in
bidding because they could not promise delivery until after 8
a.m. and not later than 5 p.m. The work hours for area
construction projects are longer than 8 a.m. - 5 p.m. These
projects also work a lot of Saturdays. He stated that there
are 12 truck trips an hour in and out of the mining site. He
contended that farmers and other businesses have similar or
more trips. Mr. Duffy expressed willingness for the mining
operation to be tested for noise levels and that he is sure
the operation meets PCA noise level standards. Mr. Duffy
referenced the complaints cited by Mr. Ekola. He noted that
those complaints were not substantiated when investigated by
the Police Department.
Discussion ensued on the phase of operation the mine is
presently in, if the reclamation process is being adhered to
and what months the mine is in full operation. Mr. Duffy and
Mr. Tom Zwiers, operator of the mine, explained that the mine
is in Phase I. It is a little behind the projected schedule,
partially due to the restrictive hours, and that the
reclamation process is being done. Mr. Zwiers explained that
the mine normally operates from mid April to November
depending on road weight restrictions.
Harold Schneider of 3300 Valley View Road presented the
Commission with a letter from Beverly Koehnen of 2036 County
Road 83 who was unable to attend the meeting. Chairman
Kahleck read the letter which listed reasons why she wished
the Planning Commission to refuse renewal of the mining
permit. She cited noise from the crusher and brake beepers,
traffic hazards and other permit violations as some of her
Minutes of the Page - 3
Shakopee Planning Commission May 9, 1991
objections to the operation in a rural residential and
agricultural area.
Mr. Schneider then presented a petition from the neighborhood
residents requesting the Commission to deny the extension of
hours and Saturday operation. He pointed out that morning
work traffic and evening Racetrack and Bingo Palace traffic is
heavy enough without adding truck traffic to those heavy use
hours.
Ken Rutt of 1750 County Road 83 presented his concerns
regarding the mining operation. He cited the mining operation
as violating the conditions of the permit in regard to
operating hours, required depth limitation violations of the
mine floor, height of stockpiles, noise and weed control. He
was also concerned about the installation of a well on the
site and the effect the mining operation has on neighborhood
wells. Mr. Rutt also noted that he is unable to sell his
property due to the fact he is located near the mining site.
Mr. Duffy noted two studies concluding that residences near
mines do not lower market values nor reduce less outdoor
activities by neighborhood residents. He again expressed
willingness to have noise testings from the sites of the
neighbors having problems with the noise, explained that the
long trailers on C.R. 83 do not belong to the operation and to
his knowledge no accidents were caused by the mining trucks.
Mr. Zwiers noted that they have seeded the berms with clover
as a weed control effort and have asked area farmers if they
wanted to cut the clover but have not yet heard back from
them. He also noted a permit was obtain for the on-site well
by the well driller.
Chairman Kahleck closed the public hearing.
The Commission continued discussion on the extension of hours,
requesting information of the City Engineer as to the
operating time of City projects and the time needed for
material arrivals. Dave Hutton, Public Works Director, stated
that City ordinance allows street work to begin at 7: 00 a.m.
and that some projects can stockpile gravel the day before and
some cannot. The City of Shakopee requires projects to get
permission to work Saturdays. He also noted that the state
offers bonuses for early completion time of projects. The
Engineering Department has not received any complaints about
the mining operation but were requested to measure stockpile
heights and they were under the 25 ' requirement.
Commission Lynch questioned the City Attorney regarding
setting a precedent if the Commission chose to change the
Minutes of the Page - 4
Shakopee Planning Commission May 9, 1991
hours of operation. Karen Marty replied that the conditional
use permit conditions are specific to the individual operation
and the surrounding area. The Commission 's charge in setting
conditions is to protect the health and welfare of each
specific situation and therefore would not be setting a
blanket precedent.
MOTION: Commissioner Joos, seconded by Christensen, moved to
deny the amendment request to change the hours of mining from
8 a.m. - 5 p.m Monday through Friday to 8 a.m. - 7 p.m. Monday
through Saturday. Motion passed. Opposed: Allen, Kahleck
and Mars.
MOTION: Commissioner Joos, seconded by Christensen, moved to
approve the amendment request to install two 125 watt high
pressure sodium security lights on the mining site. Motion
carried unanimously.
MOTION: Commissioner Lynch, seconded by Christensen moved to
approve the renewal of Conditional Use Permit No. 376 and the
Mineral Extraction and Land Rehabilitation Permit for the
Scott County Lumber Mining Operation. Motion carried
unanimously.
Chairperson Kahleck advised the applicant of the 7 day appeal
process to the City Council.
VI. CONTINUED PUBLIC HEARING ON CONDITIONAL USE PERMIT NO. 608 -
ONE WAY SWEEPING
Chairperson Kahleck reopened the public hearing.
The City Planner explained the proposed operation of One Way
Sweeping. The business requires outdoor storage of salvage
and the stockpiling of parking lot sweepings. The site of the
operation is zoned Light Industrial and is located east of
Maras St. and south of 13th Avenue East. The sweepings come
from parking lots such as Target, Burnsville Center, Southdale
and Holiday gas stations. The sweepings would be stockpiled
and then screened to separate clean fill from debris which
would then be hauled to appropriate landfills. The screening
would take place between the hours of 9 a.m. - 5 p.m. Monday
through Friday.
Discussion ensued on the 100 ' x 200 ' bermed area to be used to
stockpile the sweepings and the suggested clay or polyurethane
liner used as a barrier to prevent any seepage into the
groundwater. There was also discussion concerning the use of
the private road, Maras St. , as business entrance. The City
Attorney assured the Commission that the road is not the
concern or liability of the City but rather the road owners.
e0
Minutes of the Page - 5
Shakopee Planning Commission May 9, 1991
Rod Krass, attorney for the applicant, came forward and
expressed agreement with the staff suggested conditions for
the conditional use permit. He requested clarification of the
6 ' perimeter fence, asking if that was required around the
entire 30 acres. It was the consensus of the Commission that
the purpose for the fence would be to impede vehicle access to
the site for illegal dumping and that could be worked out with
staff. Krass went on to explain environmental concern
procedures that One Way Sweeping have taken upon themselves,
citing that this business is one of only two street sweeping
businesses in the country to actually screen their sweepings,
thus adding additional expense to the business operation. He
went on to explain that the business has outgrown its facility
at the Savage site and that eventually will move the operation
to this site. The concerns regarding parking lot, ponding and
other issues will be addressed through the building permit
process. Mr. Krass referenced a letter from Al Frechette,
Scott County Environment Health Director, stating the business
to be environmentally safe.
Robert Larson of 14888 Organ Ave. in Prior Lake, owner of the
business came forward to answer any questions of the
Commission. He stated that the other outdoor storage
presently on site is not his and that it will be removed. He
explained that he has been under environmental guidelines for
the last four years and apologized that he was not aware that
he needed a conditional use permit to operate his business in
a light industrial zone. Mr. Larson explained that he owns 15
sweepers that operate through the night and make one trip in
the morning to the site to unload. The sweepers are parked at
the Savage site when not in use. Mr. Larson went on to
explain that his stockpile will be put through the screening
process once a month. This is far less toxic than
municipalities that stockpile their sweeping for 90 to 120
days.
Commissioner Joos clarified to the applicant that just because
the site plan for the conditional use permit showed a proposed
building, that did not mean the Planning Commission was
approving the building or its location in this process.
Chris Anderson of 1438 Maras St. expressed some concerns
regarding the affect the stockpile could have on local wells,
the water table level, windblown debris and traffic concerns.
He suggested that perhaps a barbwire could be placed on the
fence erected at the top of the bermed area to catch flying
paper and that water tests could be conducted occasionally to
assure safety of local wells. He was not opposed to the
business but requested the City to routinely monitor it.
Minutes of the Page - 6
Shakopee Planning Commission May 9, 1991
The City Engineer noted that the business is not considered
environmentally hazardous by PCA and that the state agency has
no concerns about its operation.
Mr. Larson addressed the traffic concerns stating that there
would be approximately 8 sweepers a day unloading mostly
between 8 a.m. and 10 a.m. He noted that there are trucking
and asphalt companies in the same area with much larger
volumes of traffic. Commissioner Spurrier noted that this is
an industrial area and the Commission should not try to
qualify traffic for this one specific business.
John Pribble of 8963 Boiling Springs Lane presented his
concerns regarding the operations. He felt this type of
business only encouraged illegal dumping in the area, stated
that the business only screened its stockpile once since they
were there, questioned the volume of glass, caps and other
debris that can drop through a 1" hole in the screener and
expressed concern over the high water table in the area and
the potential damage that could occur to local wells. He also
expressed concern of potential effects on the natural springs
in the area, Boiling Spring being the largest open spring and
one of a kind in the state and his desire to preserve this
natural resource and the trout stream. Mr. Pribble also has
witnessed One Way dumping at 2 : 00 a.m. He presented the
Commission with some photos of the site.
Vicki King, 1573 County Rd. 18, stated similar concerns and
requested that the Commission require an annual or semi-annual
review of the operation. Ms. King expressed concern that the
City doesn't care about the area on the east border of the
City limit and requested the City to pay more attention to the
difficulty of that residential area abutting the light
industrial area.
Glenda Clausen of 9011 Boiling Springs Lane presented the
Commission with a petition requesting the Commission to deny
the conditional use permit citing similar concerns plus noise
pollution, wildlife endangerment and type of salvage noting a
list of items witnessed on the cite.
Raymond Konen of 8917 Boiling Springs Lane expressed concern
that the City would follow through with their requirements
citing previous promises to separate residential from
industrial with two or three rows of evergreens which never
got planted. He requested soil testing and questioned the
ground level at the entrance into the bermed stockpile area
and the possibility of rain washing hazardous waste out at
that point.
Minutes of the Page - 7
Shakopee Planning Commission May 9, 1991
Dave Hutton responded that the entrance would be too high to
allow that to happen and stated that the clay liner grading
construction would be monitored.
Chairperson Kahleck closed the public hearing at 10: 20 p.m.
It was the consensus of the Commission that the word perimeter
be delete from condition # 9 in the staff recommended
conditions regarding the fence and that the necessary fencing,
landscaping and location thereof be decided between the
applicant and City Planner.
It was the consensus of the Commission to add three more
conditions to the permit:
12 . Monitoring of the site will take place quarterly during
the first year. A written report is to be submitted to
the Planning Commission by staff, evaluating the
applicants compliance.
13 . There will be a review of the operation in one year.
14 . Required landscaping will be implemented under the
direction of the City Planner.
MOTION: Commissioner Christensen, seconded by Lynch, moved to
approve Conditional Use Permit No. 608 with conditions.
Motion carried unanimously.
Chairperson Kahleck informed the applicant of the 7 day appeal
process to the City Council.
VII . PUBLIC HEARING CONTINUED ON RENEWAL AND REVIEW OF CONDITIONAL
USE PERMIT NO. 375 - J. L. SHIELY CO.
Chairperson Kahleck reopened the public hearing.
Mr. Ekola reviewed the operation of the J. L. Shiely Co.
mining operation. He noted that the Commission has taken a
tour of the operation and it appears that the company is in
compliance with the conditions of its permits. He noted four
conditions he wished added to the resolution:
1. The plan of operation submitted by the J. L. Shiely Co.
is hereby adopted as the mining permit and the J. L.
Shiely Co. must carry out its operation in compliance
with said plan except as required by amendments listed in
Condition 2 .
Minutes of the Page - 8
Shakopee Planning Commission May 9, 1991
2 . Prior to the initiation of the proposed mining of an
additional 40 feet in depth of the east quarry or
initiating mining operation on the west portion of the
site, the Mineral Extraction and Land Reclamation Permit
and Conditional Use Permit No. 375 must be amended
regardless of the three year time frame interval for
renewal.
3 . The site plan must be redrawn for the 1992 Annual Review
to recognize the 100 foot mining setback requirement
(Condition 9) .
4 . Require the construction of a silt fence barrier during
the removal of the stockpile and require the reseeding of
the area after removal.
Bob Bieraugel of J. L. Shiely Company was present to answer
any questions the Commission may have. He had no problem with
the four conditions requested from staff but requested
clarification of the silt barrier. Mr. Hutton explained the
preventive measure of installing the silt fence during the
removal of the stockpile. It was agreed that the applicant
would work with the City Engineer to install the necessary
erosion control measure.
Mr. Bieraugel discussed the long range planning in the next
ten years to deepen the floor of the mine, mining the west
side of property and the removal of overburden from the east
side. He was advised that this would require an amendment to
the conditional use permit at that time.
Chairperson Kahleck closed the public hearing.
MOTION: Commissioner Spurrier, seconded by Allen, moved to
approve the three year renewal of the Mineral Extraction and
Land Reclamation Permit No. 375 subject to the additional four
conditions and acknowledge J. L. Shiely' s compliance with
Conditional Use Permit No. 375 for the year 1991. Motion
carried unanimously.
VIII.PUBLIC HEARING CONTINUED ON PRELIMINARY PLAT - WEINANDT 2ND
ADDITION
Chairperson Kahleck reopened the public hearing.
The City Planner reviewed the staff report outlining the
suggested development of Weinandt Acres 2nd Addition, which
includes 24 lots and is located west of County Road 17 and
south of 29th Avenue.
Minutes of the Page - 9
Shakopee Planning Commission May 9, 1991
Discussion ensued on the need for a ghost plat which would
show the development in contrast to future developments in the
area. There was concern expressed regarding future
subdivision of property.
Harry Weinandt of 1259 Maxine Circle, project developer,
approached the Commission to explain that City Ordinance only
allows single family in the Agricultural district and that he
was required to give Outlot A to the City to insure access to
the property to the west when it develops.
Mr. Ekola explained that when the property to the west is
developed, if there is no need for the road on Outlot A, that
property would then be given back to the two abutting lots.
Mr. Weinandt stated that he had no problem with the conditions
set forth by staff but wished clarification of when the park
dedication must be paid. He requested that they be paid at
the time the building permit is requested for each lot.
A lengthy discussion ensued on park dedication fees. Some of
the Commissioners expressed concern of park fees being lost
due to inflation when letting developers pay the fee at the
time of lot development. They felt that interest should be
paid if allowed to be deferred. Other Commissioners felt that
the Building Permit time was the appropriate time to have the
fees paid so the money would be there for that development' s
park as it develops, rather than have it spend on some other
City park before that time.
Commissioner Spurrier felt that this was an inappropriate time
to discuss the policy of park dedication when reviewing one
specific plat. He suggested that they allow Weinandt 2nd
Addition to pay fees as have been allowed in the past and
handle this issue by itself and make recommendations to City
Council for changes. Commissioner Lynch agreed that it was
not fair to Mr. Weinandt to change policy now.
MOTION: Commissioner Spurrier moved to approve the
preliminary plat of Weinandt 2nd Addition with conditions,
allowing the park dedication to be paid at the time of
Building Permit applications in the amount of $315 per lot.
The motion was seconded by Commissioner Christensen. Motion
passed with Kahleck, Allen and Mars opposed.
IX. FINAL PLAT OF MEADOWS 5TH ADDITION - GOLD NUGGET DEVELOPMENT
INC.
The City Planner reviewed the history of the Meadows
development. This is the fifth phase of the development,
Minutes of the Page - 10
Shakopee Planning Commission May 9, 1991
contains 38 single family lots and one outlot on approximately
18. 8 acres. This plat is located south of 11th Avenue between
Dakota St. and Naumkeag St. Staff is recommending approval
with five conditions.
Mr. Ekola went on to explain a proposed change to the original
final plat. It is suggested that Goldenrod Lane be broken
into two cul-de-sacs rather than cross the drainageway. Mr.
Hutton explained that it is more efficient for the drainageway
to have fewer culverts and there is ample access to and from
the area close by. He also stated it would make access
available to the bike trail which will be located in the
drainageway.
Joel Cooper of Pioneer Engineering, Mendota Heights,
engineering firm for the developer, further explained the cul-
de-sac arrangement and expressed concern for the delay of the
entire plat over this issue as time was very pressing for the
developer.
Chairman Kahleck expressed discomfort at approving the plat
without a completed plat map showing the actual cul-de-sac
arrangement.
MOTION: Commissioner Joos moved to approve the final plat of
Meadows 5th addition, excluding lots 1 and 2 of Block 3 and
lots 6, 7 and 8 of Block 1, with the conditions set forth by
staff. The motion was seconded by Commissioner Christensen.
Motion passed unanimously.
Mr. Cooper requested that the Planning Commission give him
direction in regard to the cul-de-sac and the five lots.
Should he return with a plat showing the cul-de-sacs or does
the Commission wish the street to go through.
MOTION: Commissioner Christensen, seconded by Lynch moved to
allow the developer to develop a cul-de-sac plan and return to
the Commission with a new plat map for approval at a later
date. Motion passed unanimously.
X. ANNUAL REVIEW OF CONDITIONAL USE PERMIT NO. 593 - TERMINAL
TRANSPORT INC.
The City Planner reviewed the operation of Terminal Transport
Inc. which allows for the outdoor storage of transportation
equipment, located at the corner of 4th Avenue and Viking
Steel Road. He stated that staff has determined that the
applicant is operating in compliance with the required
conditions.
oa
Minutes of the Page - 11
Shakopee Planning Commission May 9, 1991
Commissioner Spurrier expressed dissatisfaction of the dirt
tracking onto 4th Ave. by the vehicles coming out of the site.
MOTION: Commissioner Lynch moved to approve the review of
Terminal Transport Inc. and the motion was seconded by
Commissioner Joos. Motion passed. Commissioner Spurrier
opposed.
The two discussion items on amendments to the City Ordinance
on wood storage and wall signage were moved to the next
meeting. The Commission decided to have no extra meeting on
May 30th and set a second June meeting if needed for June
20th, 1991.
XI. ADJOURNMENT
Chairperson Kahleck adjourned the meeting at 12 :25 p.m.
\I
BOARD OF ADJUSTMENTS AND APPEALS
SHAKOPEE, MINNESOTA
REGULAR SESSION May 9 , 1991
MEMBERS PRESENT: Allen, Christensen, Joos, Kahleck, Lynch,
Mars and Spurrier
MEMBERS ABSENT: None
OTHERS PRESENT: Dave Hutton, Public Works; Lindberg Ekola,
Planner; Karen Marty, City Attorney; Aggie
Unze, Secretary
I. ROLL CALL
Chairperson Joos called the meeting to order at 7 : 30 P.M. Roll
call was taken as noted above.
II . APPROVAL OF AGENDA
The agenda was approved as submitted.
III. APPROVAL OF THE APRIL 4 MEETING MINUTES
The Minutes of April 4 , 1991 meeting were approved as
submitted.
IV. RECOGNITION OF INTERESTED CITIZENS
Claude Sinnen of 229 West 1st Ave. , Shakopee requested to be
put on the tentative additional May meeting to be considered
for a variance. Mr. Sinnen is requesting to be allowed to add
an addition to his residence which is located in a B-3 zoning
district. The Board of Adjustment and Appeals informed Mr.
Sinnen that the scheduling of the May 30th meeting was
dependent on the outcome of tonight' s meeting. If there was
ample unfinished business after tonight' s meeting, the May 30th
meeting would be held. If that were the case Mr. Sinnen' s
request would be heard on the May 30th meeting. Staff was
directed to inform Mr. Sinnen of the outcome.
V. OTHER BUSINESS
Copies of the complete, updated City Code Book have been
prepared for the Commissioners. The City Planner instructed
the Commissioners to return their books at the end of their
terms and to return any old copies of the Code Book or chapters
they may still have.
Minutes of the Page - 2
Board of Adjustment and Appeals May 9, 1991
VI. ADJOURNMENT
MOTION: Lynch moved that the Board adjourn. Mars seconded
the motion and it passed unanimously.
Meeting adjourned at 7: 35 P.M.
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TENTATIVE AGENDA
ADJ.REG. SESSION SHAKOPEE, MINNESOTA MAY 21, 1991
Mayor Gary Laurent presiding
1] Roll Call at 8:00 P.M. (after the polls close)
2] Approval of Agenda
3] Liaison Reports from Councilmembers
4] Mayor' s Report
5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS
6] 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. )
7] Approval of Minutes of May 7 , 1991
8] Communications:
*a] Robert Roepke, Chaska City Mayor and Chairman, Southwest
Metro Transit Commission - regional transit board opening
*b] Bill Preiss - resignation from Park & Rec. Board
c] Karen Besser - intersection at CR-18 and Hwy 101
9] 8 : 15 P.M. Public Hearings:
a] 11th Avenue Improvements between Dakota and Naumkeag by
roadway construction and storm sewer - Res. No. 3402
b] Improvements to the Alley Lying Between Pierce Street and
St. Mark' s Road and South of 7th Avenue - Res. No. 3401
10] Boards and Commissions: Planning Commission:
a] Preliminary Plat of Weinandt Acres 2nd
b] Final Plat of Meadows 5th - Res. 3397
11] Reports from Staff:
*a] Appointments to Community Youth Building Committee
*b] Critical Incident Consortium
c] Storm Drainage Billing for Murphy' s Landing
d] Liquor License Violation
e] Offsetting Special Assessments with Condemnation Awards
TENTATIVE AGENDA
May 21, 1991
Page -2-
11] Reports from Staff continued:
*f] Opening on the Park and Rec. Advisory Board
g] Approve Bills in Amount of $377 , 519 . 09
h] Authorize Advertising for Two New Employees
12] Resolutions and Ordinances:
*a] Res. No. 3398 - Initiating the Vacation of the Alley in
Block 30, East Shakopee Plat
*b] Res. No. 3399 - Accepting Work on the Up, - r Valley
Drainage Project, Phase 1. 1987-5A
*c] Res. No. 3400 - Accepting Work on the Vieriing Drive
Watermain, 1990-2
*d] Res. No. 3403 - Approving Plans & Specs and Ordering
Ad for Bids for 2nd Ave. , 1991-3
*e] Res. No. 3404 - Requesting New Railroad Crossing at
Market Street
*f] Res. No. 3406 - Awarding Bids for Jackson & Harrison Sts
Between 11th & 12th, 1991-2 ; and for
Shumway Between 3rd and 6th and for Scott
Between 6th & 7th, 1991-1 AND approve
15% contingency
13] Other Business:
a] 3 #d7
b]
c]
d]
e]
14] Adjourn
Dennis R. Kraft
City Administrator
/
OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL
REGULAR SESSION SHAKOPEE, MINNESOTA MAY 7 , 1991
Mayor Laurent called the meeting to order at 7 : 00 p.m. with Cncl .
Zak, Sweeney, Wampach and Clay present. Also present were Dennis
Kraft, City Administrator; Barry Stock, Asst. City Administrator;
Dave Hutton, City Engineer; Lindberg Ekola, City Planner; Karen
Marty, City Attorney; and Judith Cox, City Clerk. Cncl. Vierling
was absent.
Sweeney/Wampach moved to approve the agenda. Motion carried
unanimously.
Mayor Laurent recessed for HRA at 7 : 01 p.m.
Mayor Laurent reconvened to City Council at 7 : 15 p.m.
There were no liaison reports by Councilmembers.
Mayor Laurent read the Mayor' s report.
The Mayor also stated that he had made appointments to the
Municipal Facility Needs Committee as follows: Jim Stillman, Jane
DuBois, Joan Lynch, Jim Murphy, Dave Kaufenberg, Paulette Rislund,
and the County representative who has not yet been selected.
Mayor Laurent asked if there was anyone from the audience who
wished to address anything not on the agenda.
Claude and Mary Lou Sinnen addressed the council on their request
to build an addition on to their house on 229 W. 1st Avenue. Ms.
Sinnen said they are in a commercial zone, the addition would be on
the back of the house and would not affect any property lines.
Lindberg Ekola said the building permit is currently on hold
because an addition to a non conforming use such as this is not
allowed in a commercial zone. She asked about the possibility of
applying for a variance. Mayor Laurent said there has to be
hardships demonstrated for a variance. Cncl . Zak asked if this has
come before the Planning Commission. She said they would be filing
a variance to the Planning Commission. -
Ralph Lenzmeier, said three years ago he was here after receiving
a billing for the sewage charges which were set up for the next
year. He said the result that time was that the charges jumped
because of the drought in 1988 which caused additional watering of
the lawn. He said Gregg Voxland at that time told them to write a
letter and that they would probably adjust the charges. Now on his
last bill he found he had an 80% increase. He said he felt there
must be a better way to figure out these charges so that he pays
for exactly what he uses. Consensus of the Council was to have
staff research further the formula for sanitary sewer charges as
they relate to water use and bring back to Council at a later date.
Mr. Schmidt, Parish Administrator from St. Marks, said they have
requested a lot split application. He said the replatting requires
a survey which would cost approximately $2 , 800. 00 . They are asking
the City Council to grant a variance to this ordinance due to the
Proceedings of the May 7, 1991
Shakopee City Council Page -2-
time and the cost of the survey. He said there is no possible way
the block would ever be divided up. He said they are only
interested in getting a building permit. Consensus of the Council
was to have the ordinance looked into further for changes to be
made. Suggestion was made to Mr. Schmidt to have the survey done
so as not to hold up the building permit being issued.
The following items were added to the consent business:
13b - Hauer' s 4th Addition Tot lot.
13e - 2nd Avenue Project No. 1991-3 .
13f - Realtor Request for Proposal Assistance.
130 - Shakopee Bypass Letter of Understanding.
13r - Hiring an Assistance Planner.
13t - 5th Avenue/Market Street.
Sweeney/Zak moved to approve the consent business. Motion carried
unanimously.
Sweeney/Clay moved to approve the minutes of April 16, 1991, 6: 00
P.M. session and 7 : 00 P.M. session. Motion approved with Cncl .
Wampach abstaining.
Mayor Laurent opened the public hearing on the proposed assessments
for improvements to Adam Street Between 6th and 3rd and to 4th
Avenue Between Adams and Harrison, No. Project 1990-3 . Dave Hutton
said the project is completed and the assessments have been done.
The total project cost is $208 , 305. 00. The assessment rate for
Adams for front foot is $74 . 61 and the assessment rate for 4th per
front foot is $57 . 94 , with corner lot adjustments applied.
Tony Notermann, on behalf of Joseph Notermann, submitted a letter
of objection for parcels 27-015001-0; 27-003012-0; and 27-003014-0.
He said pursuant to the statutes they include any and all reasons
under the statute, mainly the apportionment provision.
Harold Schmidt stated that when the project was proposed he didn't -
think his cost would be this much. Mr. Hutton explained that the
final cost is actually less than what was estimated and presented
at the public hearing.
Mayor Laurent asked if anyone else wished to speak. There was no
response.
Dave Hutton said the assessment can be paid off in 30 days or it
will go on to the 1992 tax statement to be spread out over a 10
year period. There being no further discussion, Mayor Laurent
closed the public hearing.
Zak/Wampach offered Resolution No. 3393 , A Resolution Adopting
Assessments on Adams Street, Between 6th Avenue and 3rd Avenue and
4th Avenue, Between Adams and Harrison street, Project No. 1990-3
and moved for its adoption. Motion carried unanimously.
7
Proceedings of the May 7, 1991
Shakopee City Council Page -3-
Mayor Laurent called a 10 minute recess.
Meeting reconvened at 9 : 00 p.m.
Jack Van Remortel spoke to the Council on the impact that the new
highway will have on the RV Backstretch Park. He said the new
layout proposal by MnDOT will cut off their access on both ends.
He is asking the Council 's help in bringing the people together to
sit down and discuss this issue. Dave Hutton reviewed the options
available to him, one is to try and get MnDOT and County to sit
down and come up with an agreement, the second option is if the
City wanted to purchase the property, the third is for Jack to take
legal action. Dave Hutton said he would try and set up a meeting
with all the interested parties to resolve this issue. Consensus
of the Council was to help Jack all they can.
Barry Stock reviewed the projected increase in cable franchise
fees. He said it is the Cable Commission' s desire to have the
additional proceeds dedicated to public access. The cable
Commission is requesting that the professional services category of
the cable program be increased by $12 , 000 . He said the $12 , 000
would be used to replace worn out cable equipment. Cncl . Sweeney
suggested reducing the franchise fee and returning the difference
to the people who are paying for cable. He said he feels the
expenditure is not justified. Bill Anderson, Chairman of Shakopee
Cable Advisory Commission, explained the franchise process. He
said the community is getting additional communication benefits by
having an access channel and equipment to produce programming. He
also noted that cable is a non essential service.
Clay/Wampach offered Resolution No. 3389 , A Resolution Amending the
1991 Budget by Increasing the Professional Services Category Within
the Administration Division (cable program) by $12 , 000 . 00, and
moved for its adoption. Motion carried with Cncl. Sweeney opposed.
Barry Stock reviewed the status of the sale of Lots 3 and 4 , Block
52 . He said there were four different bidders. The high bid for
lot 3 was $15, 900, the high bid for lot 4 was $11, 300. The
property owner of Lot 5 submitted a bid for one half of lot 4 . The
property owner of lot 5 has been using part of lot 4 for a number
of years and their deck is probably on the line. He said he was
recommending that the City accept the bid for half of lot 4 for
$5, 000 and then reassemble the remaining property to a 90 foot lot
rather than a 60 foot lot which would be more developable.
Wampach/Zak moved to authorize the appropriate City officials to
draft a purchase agreement for the sale of the easterly 1/2 of Lot
4 to Mr. Stanley Stejskal at a price of $5, 000 and reject all other
bids submitted.
Mayor Laurent said he had a problem with rejecting all other bids.
Cncl . Sweeney said he feels it is unfair to the higher bidders when
the City has a chance to sell at a higher price. The City Attorney
said the City has the right to sell the lots in the best interest
of the City. Cncl . Sweeney had a concern on there being a legal
Proceedings of the May 7, 1991
Shakopee City Council Page -4-
objection from any of the other bidders. Mayor Laurent said he
feels it is not in the best interest of the City at large to sell
one half of a lot at $5, 000 when it is clearly worth more.
Motion defeated with Cncl . Wampach in favor of the motion.
Clay/Wampach moved to reject all bids and turn it back to staff for
further investigation. Motion carried unanimously.
Dave Hutton reviewed the request from Gold Nugget Development, Inc.
for reimbursement associated with constructing an oversized culvert
for the Meadows 5th Addition Subdivision. He said they will be
going to the Planning Commission for approval of the 5th Addition
on May 9th. He said for Goldenrod Lane to cross the drainageway
culvert it will result in a 36 foot culvert estimated to cost
$52 , 000 . They are requesting that if they have to cross that they
be reimbursed since the City' s current policy of having the
developer pay was adopted after the drainageway was constructed.
Another alternative they have is to not have Goldenrod Lane go all
the way through, but instead construct a cul-de-sac. It was the
consensus of the City to not have the road go all the way through,
but to also wait until this item is brought before the Planning
Commission. Mayor Laurent asked the developers if they were
comfortable with the City waiting to respond to their request until
after Planning Commission reviews the plat. Mr. Fleck, Developer,
responded yes.
Zak/Sweeney moved to table the request of the Meadows 5th Developer
for reimbursement of a culvert oversizing until after the May 9
meeting of the Planning Commission. Motion carried unanimously.
Dave Hutton reviewed the supplemental agreement for additional
engineering services by Barton Aschman Assoc. , Inc. Barton Aschman
is the consultant who has been retained by the City of Shakopee to
provide assistance to MnDOT for the Shakopee Bypass Project. The
main reasons for additional engineering services are the result of
MnDOT' s constant changes in the project. The amount requested in
this supplemental agreement brings the total cost to more than the
City' s agreed to contributions of 1. 0 million dollars toward the
Shakopee Bypass Project. Discussion ensued on whether or not MnDOT
should pay for cost exceeding the City' s 1. 0 million dollar
commitment. Mr. Warzala, Barton Aschman, said he does not think
that MnDOT would enter into a supplemental contract with Barton
Aschman to complete this project, he feels they would probably try
to do it in-house. He also feels that it would then delay the
project. Discussion ensued on the City officials meeting with
MnDOT to negotiate the cost for the supplemental agreement.
Sweeney/Zak moved to table a supplemental agreement with Barton
Aschman for additional engineering services for the Bypass Project
until a meeting can take place between MnDOT and the City with
Mayor Laurent attending. Motion carried unanimously.
Dave Hutton reviewed the sprinkler system report at Tahpah Park.
He said City water could be run down to the park at a cost of
l
Proceedings of the May 7, 1991
Shakopee City Council Page -5-
$43 , 000 or we could put a well in at a estimated cost of $24 ,750 .
Of the $43 , 000 about $27, 000 could be assessed to South Park View
1st Addition. By putting a well in it would only be available for
use by a sprinkler system. The Jaycees are requesting the City to
run the water main to the park and they will take care of the
sprinkler system costs. Dave Hutton recommended that the City try
and get SPUC to waive the additional costs outlined in Mr.
VanHout' s memo dated April 30, 1991 (City Clerk Document #184) .
Cncl. Wampach said he will bring it to their attention for
discussion at their next meeting. Duane Wermerskirchen said they
spent $52 , 000 to get a watermain into that area. Because it is
undersized, it is useless except for the bathrooms. He said the
Jaycees do not wish to spend $15, 000 on another pipeline which they
have already installed. Consensus was to have City staff contact
SPUC staff ahead of time so they have time to prepare for their
meeting next month.
Zak/Clay moved to table the Tahpah Park watermain and underground
sprinkler system. Motion carried unanimously.
The City Attorney reviewed the revisions made to the ordinance
relating to Massage Parlors and to Masseur and Masseuse licensing
to provide stricter regulations.
Clay/Sweeney offered Ordinance No. 310, an Ordinance amending
Chapter 6 of the City Code, other Business Regulations and
Licensing, by repealing Sections 6.40, Massage Parlors, Saunas,
Steam Baths, Heat-Bathing Rooms, and 6. 41, Masseur and Masseuse
Registration, and enacting two new sections in lieu thereof
relating to the same subject, and moved for its adoption and
adopting an official summary of Ordinance No. 310 .
Sweeney/Clay moved to amend the motion to substitute the word
"center" for "parlor" . Motion carried unanimously.
Motion carried unanimously on main motion as amended.
Clay/Sweeney offered Resolution No. 3395, A Resolution of the City
of Shakopee, Minnesota, amending Resolution 3328, Adopting the 1990
Fee Schedule, by Revising the Fees for Massage Parlors, Saunas, and
Masseur and Masseuse Licenses, and moved for its adoption. Motion
carried unanimously.
Mark McQuillan was present to discuss the development of JEJ East
Side Park. He said they are now at the point where they are ready
for the second phase of the project and would like to develop the
park. The total estimated cost is $104 , 800. 00. (The City has
acquired a matching LAWCON Grant totaling $43 , 800 . )
Sweeney/Clay moved to approve the authorization to advertize for
bids to construct a new warming house/shelter for Eastside Park
utilizing additional Park Reserve Funds, not to exceed $36, 000 ; and
to approve that the parking lot cost be paid out of the City' s Park
Reserve Fund, not to exceed $25, 000, with requests for bidding
being sent out to local builders. Motion carried unanimously.
Proceedings of the May 7, 1991
Shakopee City Council Page -6-
Barry Stock gave an update on the Downtown Revitalization Plan.
Council decided to take no action on soliciting proposals to update
the plan at this time.
Sweeney/Zak moved to approve the applications and grant on sale and
Sunday intoxicating liquor licenses to MIN Hotel Corp. , 1244 South
Canterbury Road upon surrender of the existing licenses within
three weeks. (Motion approved under consent business) .
Sweeney/Zak moved to authorize the purchase of playground equipment
and three benches from Bob Klien and Associates for the Hauer' s 4th
Addition Tot Lot in the amount of $10, 540 . 00 . (Motion approved
under consent business) .
Sweeney/Zak moved to direct staff to submit a formal application to
the Minnesota Transportation Regulatory Board for a new railroad
crossing at Market Street in exchange for closing the crossing at
Naumkeag Street. (Motion approved under consent business) .
Sweeney/Zak moved to direct the appropriate City officials to work
with the Shakopee HRA to jointly solicit proposals for realtor
assistance to market City owned parcels that the City wishes to
remove from its inventory. (Motion approved under consent
business) .
Sweeney/Zak moved to authorize the appropriate city officials to
execute a cooperative fire protection agreement with the Minnesota
Department of Natural Resources at the rate of $185. 00 per hour.
(Motion approved under consent business) .
Sweeney/Zak moved to show the accumulated liability for employee
compensated absences in the appropriate governmental funds to the
extent that there is fund balance available to cover the liability.
(Motion approved under consent business) .
Sweeney/Zak moved to authorize the proper city officials to execute
a transportation reimbursement agreement with Scott County for
reimbursement of detoxification expenses amounting to $40 . 00 per
trip. (Motion approved under consent business) .
Sweeney/Zak moved to nominate Bob Nead, Debbie Macius, Sara Call,
Gary Lindstrom and Darrell Trowbridge to the Community Youth
Building Committee. (Motion approved under consent business) .
Sweeney/Zak moved to authorize and direct the City Attorney to
update and maintain the City Code; and direct that letter be sent
to Municipal Ordinance Codifiers thanking them for their fine work
on the City Code for the City of Shakopee over the past 15 plus
years. (Motion approved under consent business) .
Sweeney/Wampach moved to approve the bills in the amount of
$147 ,735. 22 . Motion carried unanimously.
Sweeney/Zak moved to direct staff to notify Mn/DOT that the City of
Shakopee agrees to revise the Letter of Understanding for the
7
Proceedings of the May 7, 1991
Shakopee City Council Page -7-
Shakopee Bypass to allow the City of Shakopee to construct the
remainder of the Upper Valley Drainage Channel. (Motion approved
under consent business) .
Sweeney/Zak moved to direct staff to enter into a contract with
Minnesota Plumbing and Heating for the sum of $7, 125. 00 to rebuild
the heating system at the public works building. (Motion approved
under consent business) .
Sweeney/Zak moved to authorize the hiring of Terrie Sandbeck as
Assistant Planner starting at $25, 212/year. (Motion approved under
consent business) .
Sweeney/Zak offered Resolution No. 3396, a Resolution Stating
Support for City of Prior Lake 's Positions Relative to the Securing
of Full and Direct Access to the Bloomington Ferry Bridge From
Scott County Road 18 and moved for its adoption. (Motion approved
under consent business) .
Sweeney/Zak moved to direct staff to prepare the appropriate
agreements with the abutting property owners to address the
proposed service lines on the 5th Avenue Project. (Motion approved
under consent business) .
Sweeney/Zak offered Resolution No. 3387 , A Resolution of the City
of Shakopee, Minnesota, Approving a Premises Permit for Shakopee
Youth Baseball/Softball, and moved for its adoption. (Motion
approved under consent business) .
Sweeney/Zak offered Resolution No. 3388 , a Resolution of the City
of Shakopee, Minnesota, Approving Premise Permits for V.F.W. Post
#4046, and moved for its adoption. (Motion approved under consent
business) .
Sweeney/Zak offered Resolution No. 3391, A Resolution Receiving a
Report and Calling a Hearing on Improvements to 11th Avenue,
Between Dakota Street and Naumkeag, Project No. 1991-5 and moved
for its adoption. (Motion approved under consent business) .
Sweeney/Zak offered Resolution No. 3392 , A Resolution Receiving a
Report and Calling a Hearing on Improvements to the Alley in Block
1, Marymark Addition, Block 1 of Terrence Addition Replat and Block
8 of terrence Addition, Project No. 1991-6 and moved for its
adoption. (Motion approved under consent business) .
Sweeney/Zak offered Resolution No. 3386, A Resolution Amending
Resolution No. 3329 Adopting the 1991 Pay Schedule for the Officers
and Non-Union employees of the City of Shakopee. (Motion approved
under consent business) .
Sweeney/Zak offered Resolution No. 3394 , a Resolution of
Appreciation to Marcy Waritz, and moved for its adoption. (Motion
approved under consent business) .
Proceedings of the May 7, 1991
Shakopee City Council Page -8-
Cncl. Sweeney asked the Council to consider the City paying storm
sewer utility costs for Murphy' s Landing. Consensus was to direct
staff to research and bring more information back to Council at
next meeting.
The next Committee Of The Whole Meeting will be held May 28 , 1991,
at 7: 00 p.m.
Mayor Laurent adjourned the meeting at 12 : 01 a.m. to Tuesday, May
21, 1991, at 8 : 00 p.m.
0.014, -
lilLith S. Cox
ity Clerk
Carol L. Schultz
Recording Secretary
CONSENT 4 .
Chaska
TO: SHAKOPEE MAYOR AND CITY COUNCIL MEMBERS
FROM: ROBERT ROEPKE, CHASKA CITY MAYOR
CHAIRMAN, SOUTHWEST METRO TRANSIT COMMISSION
SUBJ: REGIONAL TRANSIT BOARD OPENING
DATE: MAY 9, 1991
There is a vacancy on the RTB for an elected official from District G
which encompasses southern Hennepin County (Bloomington and Richfield) and
all of Carver and Scott Counties. I would like to encourage and invite
your City Council to join the City of Chaska, Chanhassen and other
communities in District G to consider adopting and forwarding a resolution
that would endorse Tom Workman as the appointment to the Regional Transit
Board from District G.
Tom Workman, Chanhassen City Council member, is actively seeking endorse-
ment from area cities within District G as the Regional Transit Board
appointment. Please find a copy of his application enclosed. There are
five other individuals also seeking appointment. Three from Lakeville,
one City Council member from Richfield, and one City Council member from
Bloomington. They have not actively sought endorsement for their appoint-
ments.
The Southwest Metro Transit Commission staff has spoken at length with Mr.
Workman regarding his qualifications and interest in transit. Southwest
Metro is confident that Mr. Workman can provide leadership to the RTB in
setting policies and standards for improving the coordination, availabil-
ity, and delivery of suburban and metro area transit services in the Twin
Cities.
Regarding the appointment procedure, please note that each Regional
Transit Board district consists of two Metropolitan Council districts.
RTB District G incorporates Met Council Districts 12 and 14. Met Council
members Sondra Simonson (District 12, Bloomington and Richfield) and
Bonnie Featherstone (District 14, Carver and Scott Counties) will nominate
an individual for the RTB District G position. The Met Council Board will
make the appointment to the RTB.
Please call Southwest Metro Transit Administrator, Diane Harberts at
934-7928 if you need additional information.
T h a
� 9!
uty Of haska innes to One City Hall Plaza 55318-1962 Phone 612`448-2851
ACTION REQUESTED: Move to endorse Mr. Tom Workman for the appointment
to the Regional Transit Board from District G and direct the appropriate
City officials to draft a correspondence to the appropriate Met Council
Board members indicating said endorsement.
MAY U 'S1 •JJ 1U:9-4489Tu0 rKUM:LI1Y OF EDEN PRAIRIE T-469 P. 02
RAND Df' ,IVERED A/
OPEN APPOINTMENTS APPLICATION FOR SERVICE ON STATE AGENCY
Appointment REGIONAL fl ANSIT BOARD _ Member, District G
Sought: (Enter name of board, council, commission or task force.)
Applicant Thomas M. Workman
Name: (First Name) (Last Name)
Applicant 7233 Pontiac Circle Chanhassen
Minnesota 55317
Address: (Street)
(City)t3' (State) (Zip)
Daytime Phone: 934-8546 County: Carver
Evening Phone: 470-1755 363 -�
Legislative District: Congressional District: 3
STA
ICAL
MATION
The following information is optional and is sought for the purpose of compiling the annual report
governor and legislature on the open appointments process pursuant to Minnesota Statutes 15.0 97, to the
subdivision 7.
Sex Political Party Race/National Origin
Female DFL American Indian
x Male -m_ IR Asian/Pacific
None or Other Black
Hispanic
X Caucasian
Other
STATEMENT OF QUALIFICATION
Minnesota Statutes 15.0597 requires that the application include "a statement that the nominee satisfies
any legally prescribed requirements and any other information the nominating person feels would be
helpful to the appointing authority." (May include employment, community service, education.):
1. City Councilmember, City of Chanhassen; 1/89 to 12/92
2. Coordinator, Southwest Corridor Trans ortation Coalition; 7/89 to 7/90 _
3. Housing and Redevelopment Authorit , Cit of Chanhassen; 9/89 to 5/93
4. Board of Directors, Southwest Corridor Transportation Coalition; 1991-92
5. National League of Cities Policy Canitte on Trans. & Communications. Attended
Congressional Conference in Washin ton D.C. , March 9-12, 1991 (Member of Committee)
6. Businessowner with immense interest and the time to devote to this position and it's
related duties.
(may continue on the back or on attached sheets)
Did the appointing authority ask you to submit this application? YES NO X
I, the undersigned, hereby state that I satisfy, to the best of my knowledge, all legally prescribed
qualifications for, the position sought.
• �- y- a c ��
(Signature of Applicant) (Dare)
If applicant is being nominated by another person or group, signature indicates consent to nomination.
You will not receive an acknowledgement of this application but the appointing authority will notify you
if an interview is desired.
MAIL THIS COMPLETED APPLICATION TO: Secretary of State
Open Appointments
180 State Office Building
St. Paul, MN 55155-1299
OR SUBMIT IN PERSON TO: Room 174, State Office Building. (612) 297-5845
FOR OFFICE USE: Sub by AA: AA; Res: Trans Date:
SC-00218-01 3O9'
2b
1522 East 10th Avenue
ConsumerShakopee, MN 55379
isprelss 445-5735
Wise
arketing Bill Preiss
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RECOMMENDED ACTION:
Accept the resignation of Mr . Bill Preiss from the Park & Recreation
Advisory Board , with regrets .
C.,
MEMO TO: Dennis Kraft, City Administrator
FROM: Dave Hutton, Public Works Director
SUBJECT: Karen Besser Correspondence (Attached)
DATE: May 16, 1991
INTRODUCTION:
Staff has received correspondence from Ms. Karen Besser, Savage, MN
(attached) regarding a traffic concern at the intersection of C.R.
18 and Highway 101.
BACKGROUND:
Ms. Karen Besser has submitted a letter to staff expressing her
concern over a traffic situation near the intersection of C.R. 18
and Highway 101. This is not the first time that staff has been
contacted regarding this concern and in fact, periodically Shakopee
residents that live near C.R. 18 have expressed the same concern.
Basically, the problem can be summarized as follows. Traffic on
westbound Highway 101 coming from Savage and points east turn right
onto northbound C.R. 18 to cross over the Bloomington Ferry Bridge.
Due to the traffic volumes and the traffic signal at this
intersection, the right turn lane backs up for quite a distance
during the morning rush hour. Travelers who are too impatient to
wait for the light to change are turning left at a crossover in
Highway 101 that is about 100 feet east of the signal. The traffic
then crosses both lanes of 101 and enters the frontage road in
front of the old stagecoach complex, traveling west until they get
to C.R. 18 and then turn right to go northbound on C.R. 18 (See
attached map) .
Because there is a steady stream of traffic entering C.R. 18 from
the frontage road, without stopping or yielding, vehicles that are
coming up C.R. 18 from the south are stopped and must wait for
those vehicles to clear. Needless to say, these vehicles are
adding to the congestion at this intersection and severely reducing
the efficiency of the intersection.
The Minnesota State Patrol has jurisdiction on this intersection,
but in talking to them it does not appear that these vehicles are
breaking any traffic laws.
In reviewing this situation, staff feels that there are several
alternatives which would alleviate the problem. In talking to
Mn/DOT officials, any requested changes to Highway 101 would
require a City Council resolution to initiate.
ALTERNATIVES:
1. Close off the crossover in the median between westbound and
eastbound 101, thereby preventing vehicles from crossing to
the frontage road.
2 . Install a sign at the crossover indicating "No Left Turn" from
westbound 101 to the frontage road.
3 . Make the frontage road a one-way street going east (suggested
by Ms. Besser) .
4 . Install a sign on the frontage road at C.R. 18 indicating that
traffic must "Yield to Traffic on C.R. 18".
5. Do nothing, since the problem will be eliminated by the
completion of the Shakopee Bypass and Bloomington Ferry Bridge
Projects.
RECOMMENDATION:
Staff recommends Alternative No. 1 as this would be a fairly
inexpensive solution and would immediately improve the efficiency
of this intersection. Mn/DOT would make the improvements at no
expense to the City of Shakopee.
Traffic that desires to enter the frontage road for the businesses
located on it (employees, etc. ) could still do so by making a left
turn at the traffic signal at C.R. 18 and then turning left onto
the frontage road.
Alternatives No. 2, 3 and 4 would not have as much of an effect on
preventing this traffic movement and would then become an
enforcement problem. Signs are effective if obeyed, but if not,
they must be enforced.
Alternative 5 is certainly an option, but these projects are at
least 4 years away from completion.
Staff does not see any reason to maintain the crossover. Mn/DOT is
agreeable to close it off, if the City would initiate the request
by resolution (attached) .
ACTION REQUESTED:
Offer Resolution No. 3405, A Resolution Requesting the Minnesota
Department of Transportation to Close the Crossover in the Median
Between the Westbound and Eastbound Lanes of Trunk Highway 101,
Approximately 1, 000 Feet East of County Road 18 and move its
adoption.
DH/pmp
MEM3405
IC-
May 10. 1991
City of Shakopee
Public Works
500 Gorman Street
Shakopee, MN 55379
Attn: Department of Transporation
Dear Sir or Madam,
I have finally been aggravated just enough that I've decided to write in with a
suggestion for a possible solution to a traffic problem.
WHERE: Intersection of County Road 18 and Highway 101
WHEN: Every weekday morning
WHO: "Sneakers" : people who feel privileged [perhaps a divine right?!!), and
above waiting in line on either 18 or 101
PROBLEM: These "sneakers" hop onto the frontage road on the southeast corner of the
area [in front of the old Diamond Jim's] for the sole purpose of barging
into the line of cars heading north to the Bloomington Ferry Bridge. There
is no merge lane -- there's only one lane. Because of this forced assimilation,
traffice crawls through the intersection leaving sometimes half a dozen or
more cars stranded across it when the light turns red. Had they not been
forcing their way into line, traffic would proceed smoothly and many more
people would make it through. This, in turn, causes a delay for the cross
traffic while the last few cars scurry across a few inches at a time as the
space becomes available. All the while, battling to keep the "sneakers" out
at great risk to fenders and bumpers. The legitimate drivers stay as close
together as possible to prevent the "sneakers" from butting in line; the
"sneakers" try to cram their vehicles into the smallest - and unsafest - of
gaps. The whole group lurches forward in fits and starts across the inter-
section like an epileptic caterpillar. The drivers on the left swearing and
shaking their fists; the "sneakers" trying to rush ahead of the pokey drivers.
It could be material for an enterprising comedian, but it's immensely
irritating to those of us trapped within it. I saw a State Patrolman's squad-
car parked along the side of the very spot where all this was taking place
about two weeks ago. I did not see him issuing any tickets to the inconsiderate
fools making everyone miserable.
SOLUTION:Make the frontage road a one way heading east. That way, the buildings will
still be accessible to the people who live in them and the rest of us can be on
our merry way alot more quickly and without the aggravation.
Please let me know your thoughts on my suggestion.
Sincerely,
Kantrt_ 14,-A- •
Karen Besser.
14275 Allen Blvd.
Savage, MN 55378-2233
447-5009 H 921-1900 W
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RESOLUTION NO. 3405
A Resolution Requesting The Minnesota Department Of Transportation
To Close The Crossover In The Median Between The
Westbound And Eastbound Lanes Of Trunk Highway 101,
Approximately 1,000 Feet East Of County Road 18
WHEREAS, the intersection of County Road 18 and Trunk Highway
101 is severely congested, especially during the morning rush hour;
and
WHEREAS, a crossover exists in the median between the
westbound and eastbound lanes of Trunk Highway 101 approximately
1, 000 feet east of County Road 18, which is not necessary for
access to any business or residence; and
WHEREAS, this crossover is mainly used by traffic on westbound
Trunk Highway 101 cutting over to the frontage road along the south
side of Trunk Highway 101 and entering County Road 18; and
WHEREAS, this crossover traffic interferes with the smooth
progression of traffic on northbound County Road 18 ; and
WHEREBY, the City Council of Shakopee is concerned about
Shakopee residents desiring to travel northbound on C.R. 18 and
wishes to alleviate the congestion on northbound County Road 18
which inconveniences Shakopee residents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA: That the City hereby requests the
Minnesota Department of Transportation to close off the crossover
in the median between the westbound and eastbound lanes of Trunk
Highway 101, located about 1, 000 feet east of County Road 18, to
help reduce the congestion at the intersection of County Road 18
and Trunk Highway 101.
Adopted in session of the City Council of the
City of Shakopee, Minnesota, held this day , 1991.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
MEMO TO: Dennis Kraft, City Administrator 9101.0
FROM: Dave Hutton, Public Works Director 4
SUBJECT: 11th Avenue, Between Dakota Street
and Naumkeag Street, Project No. 1991-5
DATE: May 15, 1991
INTRODUCTION:
Attached is Resolution No. 3402, ordering an improvement and the
preparation of plans and specifications for 11th Avenue, between
Dakota Street and Naumkeag Street.
BACKGROUND:
On April 16, 1991 the City Council of Shakopee ordered the
preparation of a feasibility report for street improvements to 11th
Avenue, between Dakota Street and Naumkeag Street. The feasibility
report was petitioned for by the abutting property owner on the
south of the road, Gold Nugget Development, Inc. The requested
improvements consist of pavement, curb & gutter and storm sewer.
The developer is proposing to install sewer and water utilities in
11th Avenue as part of the development, but requested that the City
construct 11th Avenue in order to assess a portion of this to the
abutting properties on the north side of street.
The feasibility report has been completed and was submitted to the
City Council on May 7, 1991 and subsequently a public hearing was
scheduled for May 21, 1991 by Resolution No. 3391 to consider the
proposed improvements.
Staff will give a presentation on the feasibility report at the
public hearing.
At the conclusion of the public hearing, if City Council determines
that this project should be constructed, attached is Resolution No.
3402 , which orders plans and specifications prepared for this
project.
ALTERNATIVES:
1. Adopt Resolution No. 3402 which orders plans and
specifications prepared for the project.
2 . Determine that the project should not be constructed and deny
Resolution No. 3402 .
3 . Table Resolution No. 3402 for additional information from
staff.
RECOMMENDATION:
Staff recommends Alternative No. 1, to adopt Resolution No. 3402
which orders plans and specifications prepared for this project.
ACTION REQUESTED:
Offer Resolution No. 3402 , A Resolution Ordering an Improvement and
the Preparation of Plans and Specifications for 11th Avenue,
Between Dakota Street and Naumkeag Street, Project No. 1991-5 and
move its adoption.
DH/pmp
MEM3402
,r GLe.'
RESOLUTION NO. 3402
A Resolution Ordering An Improvement And
The Preparation Of Plans And Specifications For
11th Avenue, Between Dakota Street And Naumkeag Street
Project No. 1991-5
WHEREAS, Resolution No. 3391, adopted on May 7 , 1991, fixed a
date for Council hearing on the proposed improvement of 11th
Avenue, between Dakota Street and Naumkeag Street by pavement, curb
& gutter and storm sewer construction; 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 21st day of May 1991, at which all persons
desiring to be heard were given an opportunity to be heard thereon.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COIINCIL OF THE CITY
SHAKOPEE, MINNESOTA:
1. That the improvement is ordered as hereinafter described:
Construction of 11th Avenue, between Dakota Street and
Naumkeag Street by pavement, curb & gutter and storm
sewer
2. David E. Hutton, Public Works Director is hereby designated
as the engineer for this improvement. He shall prepare plans and
specifications for the making of such improvement.
Adopted in session of the City Council of the
City of Shakopee, Minnesota, held this day of
, 19
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
RESOLUTION NO. 3402
A Resolution Ordering An Improvement And
The Preparation of Plans And Specifications For
Project No. 1991-5
WHEREAS, Resolution No. 3391, adopted on May 7, 1991, fixed a
date for Council hearing on proposed improvement number 1991-5 of
11th Avenue, between Dakota Street and Naumkeag Street by pavement,
curb & gutter and storm sewer construction; and
WHEREAS, the notice of the hearing was published as required
by law and notice was given and the hearing was held.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA:
1. Improvement number 1991-5 is ordered as proposed (or
amended) . The anticipated size, quantity, and cost are
described in the project feasibility report, which is on
file and available for public inspection in the office of
the City Clerk. The improvement is generally described
as follows:
Construction of 11th Avenue, between Dakota Street and
Naumkeag Stret by pavement, curb & gutter and storm sewer
2 . David E. Hutton, Public Works Director is hereby
designated as the engineer for this improvement. He
shall prepare plans and specifications for the making of
such improvement.
3 . The City intends to finance this project by tax-exempt
bonds or by taxable bonds. Any expenditures for costs
ultimately to be financed by special assessments or
property taxes, made before the proceeds of bonds are
received are intended to be reimbursed from such
proceeds.
4 . Any reimbursement for expenditures made on this project
before such proceeds are received, are for the
reimbursement of costs as detailed in the feasibility
report and to be financed by bonding.
5 . Temporary financing pending the issuance of the bonds
will be from the General Fund or the Capital Improvement
Fund. It is anticipated that special assessments and tax
levies will be used to pay debt service on the bonds.
90J
May 21 , 1991
City Council
12`' 7ast 1st Avenue
Shakopee , tit• . 55379
Dear Mayor Laurant and Council Members :
Due to a prior commitment I am unable to attend the public
hearing regarding the proposed imporvement 1991-5 ; 11th Avenue
from Dakota Street to Naumkeag .
Please accept this proxy vote from me , Art Gesswein , to be NO
on the improvement .
Sincerely ,
,../Ufo-Xe.---
At-
Art Gesswein
1078 Naumkeag Street
Shakopee , MN. 55379
MEMO TO: Dennis Kraft, City Administrator
FROM: Dave Hutton, Public Works Director
SUBJECT: Alley in Block 1, Marymark Addition Et Al
Project No. 1991-6
DATE: May 15, 1991
INTRODUCTION:
Attached is Resolution No. 3401, ordering an improvement and the
preparation of plans and specifications for the alley in Block 1 of
the Marymark Addition, Et Al.
BACKGROUND:
On April 2 , 1991 the City Council of Shakopee ordered the
preparation of a feasibility report for street improvements to the
alley adjacent to Block 1, Marymark Addition, Block 1 of the
Terrence Addition Replat and Block 8 of the Terrence Addition Plat
by Resolution No. 3378. The feasibility report was completed and
distributed to the City Council on May 7, 1991 and subsequently a
public hearing was scheduled for May 21, 1991 to consider the
improvements.
The proposed improvements consist of paving the alley with 2 inches
of bituminous concrete placed on a 6" gravel base. Some grading
will be necessary to provide a uniform grade for proper drainage.
An inverted crown is proposed to direct the water down the alley
toward Pierce Street.
Staff will briefly go over the feasibility report at the public
hearing.
The improvements were petitioned for by at least 50% of the
abutting property owners.
At the conclusion of the public hearing, if Council wishes to
proceed with the project, Resolution No. 3401, which orders plans
and specifications prepared for the project is attached for Council
consideration.
ALTERNATIVES:
1. Adopt Resolution No. 3401, which orders plans and
specifications prepared for the project.
2 . Determine that the project should not be constructed and deny
Resolution No. 3401.
3 . Table Resolution No. 3401 for additional information from
staff.
IF te.
RECOMMENDATION:
Staff recommends Alternative No. 1, to adopt Resolution No. 3401
which orders plans and specifications prepared for this project.
This particular alley is a constant source of citizen complaints.
There is extremely poor drainage resulting in seasonal flooding of
adjoining yards, which increases the maintenance costs to the
Public Works Department. Annually, additional grading is required
to try and alleviate the problem, above and beyond what is normally
done to most alleys.
ACTION REQUESTED:
Offer Resolution No. 3401, A Resolution Ordering an Improvement and
the Preparation of Plans and Specifications for the Alley in Block
1 of Marymark Addition, Block 1 of Terrence Addition Replat and
Block 8 of Terrence Addition, Project No. 1991-6 and move its
adoption.
DH/pmp
MEM3401
9t
RESOLUTION NO. 3401
A Resolution Ordering An Improvement And
The Preparation Of Plans And Specifications For
The Alley In Block 1 of Marymark Addition,
Block 1 of Terrence Addition Replat And
Block 8 of Terrence Addition
Project No. 1991-6
WHEREAS, Resolution No. 3392 , adopted on May 7 , 1991, fixed a
date for Council hearing on the proposed improvement of the Alley
in Block 1 of Marymark Addition, Block 1 of Terrence Addition
Replat and Block 8 of Terrence Addition by pavement construction;
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 21st day of May 1991, at which all persons
desiring to be heard were given an opportunity to be heard thereon.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
SHAKOPEE, MINNESOTA:
1. That the improvement is ordered as hereinafter described:
Alley Construction by bituminous pavement to the alley in
Block 1 of Marymark Addition, Block 1 of Terrence
Addition Replat and Block 8 of Terrence Addition.
2 . David E. Hutton, Public Works Director is hereby designated
as the engineer for this improvement. He shall prepare plans and
specifications for the making of such improvement.
Adopted in session of the City Council of the
City of Shakopee, Minnesota, held this day of
, 19 .
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
7 6
petLtLon L4 Ln oppoai.tLon to the pnopo.ed Lmpnovement to
the a22eg Ln Bloch / o1f the i angmanh ,4ddtti.on, Bloch / o1f the
/enicence i4ddLtLon ?epLat and Bloch 8 o( the /ennence r4ddLtLon
6g pavement, punauant to lf1cInneiota Statutea, SectLona 429.01/
to 429. /// .
We, the undenai.gned, do not tee/ the need #on any ouch Lmpnovement.
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MEMO TO: Dennis R. Kraft, City Administrator
FROM: Lindberg S. Ekola, City Planner
RE: Preliminary Plat for Weinandt Acres 2nd Addition
DATE: May 15, 1991
INTRODUCTION:
At their meeting on May 9 , 1991 the Planning Commission passed a
motion recommending approval of the preliminary plat for Weinandt
Acres 2nd Addition subject to conditions.
BACKGROUND:
At the April 4 , 1991 meeting, the Planning Commission passed a
motion continuing the public hearing for Weinandt Acres 2nd
Addition. Two concerns on wetlands were raised in the review of
the original preliminary plat. The continuance allowed an
opportunity for staff to research the wetland designation status of
the lowland in the southeast corner of the proposed subdivision and
the construction of a street in this area.
CONSIDERATIONS:
1. Staff has been informed that the wetland area in the southeast
corner of the proposed subdivision is not a DNR protected
wetland.
2 . The proposed subdivision and wetland area is not within the
jurisdiction of the U. S . Corps. of Engineers.
3 . The proposed local street connecting with County Road 17 has
been shifted south away from the wetland. The lots along the
south boundary have been reduced in depth and increased in
width to accommodate the new street alignment. With the
shifting of the street the number of proposed lots (24) has
not changed. The street can be constructed in the location
shown on the preliminary plat.
4 . An outlot is shown on the preliminary plat to provide future
public roadway access to the west. This outlot will need to
be dedicated as right-of-way to the City prior to final
approval. The street improvements should be constructed when
the adjoining land to the west is developed. Construction
plans for this stub street must be provided with the
improvement plans for the proposed subdivision prior to final
approval.
5 . The developer has been informed that the city will not sell
General Obligation Bonds for the purpose of financing the
construction of residential subdivisions unless the
subdivision is served by municipal water and sewer (Resolution
No. 1589) . The streets must be constructed under Plan A by
the developer.
6. The northern one-forth of the proposed subdivision is located
in the Mill Pond Basin and regulated by the Shakopee Basin
Water Management Organization (WMO) . A stormwater treatment
facility needs to be provided within the proposed subdivision.
To regulate the quantity of runoff the discharge should be
limited to 14 cubic feet per second (cfs) . A wet pond or
retention basin must be also provided near the outlot. The
retention basin must be at least 0.4 acre.
The southern three-fourths of the proposed subdivision is
located in the Dean' s Lake Basin. A designated stormwater
treatment facility exists east of County Road 17 in this area.
No further stormwater improvements are required.
7 . Staff recommends that a park dedication fee be collected in
lieu of accepting park land. The property is not identified
as a future park site in the Comprehensive Plan Parks Element.
The park dedication fee in lieu of land has been calculated
based on the land value of the proposed subdivision as
determined by the County Assessor (Method 4) . The 1991
estimated market value of the land in the proposed subdivision
is $75, 600. The park dedication fee on a per lot basis is
$315 ($75, 600 x 10% T 24 lots) . The applicant is requesting
to defer paying the park dedication fee until building permits
are released. The City Code allows for such a deferment with
City Council approval . Since a residence has already been
constructed on Lot 10, Block 2 the applicant will need to pay
the park dedication fee for Lot 10 prior to final plat
approval ($315) . The Planning Commission recommends that the
park dedication fee for each lot ($315) be deferred until the
building permit is issued. The Planning Commission discussed
the option of charging interest on the deferred park
dedication fee but decided it was inappropriate to make a
policy decision with this specific plat. The Commission will
continue policy discussions on deferred park dedication fees
at a later date.
8 . County Road 17 is proposed to be improved this year. An
additional 17 feet of right-of-way from the Weinandt property
is necessary for the road improvements. The preliminary plat
shows the proposed and existing rights-of-way lines.
9 . The County Engineer has requested that the field accesses on
Lot 4 of Block 2 and Lot 1 of Block 3 be removed when the
internal street system in the proposed subdivision is
constructed. The original farmstead (Lot 10 of Block 2) has
two driveways and both will be retained with the
reconstruction of County Road 17 .
10. There are nine double frontage or through lots shown on the
preliminary plat. Access should be limited to one street
preferably the cul-de-sac streets.
/ 4) GV
11. Dwellings should be located on undisturbed inorganic soil.
Any filling of potential building sites must be approved by a
registered soils engineer with copies of compaction test
results forwarded to the Building Department.
12 . Heavy equipment or vehicular traffic will destroy the
capability of potential on-site sewer areas. These areas
should be roped or fenced off to prevent damage.
13 . The amount of fill needed to construct driveways on Lots 1, 2
and 3 of Block 3 has been reduced by the shifting of the
street to the south.
PLANNING COMMISSION RECOMMENDATIONS:
The Planning Commission recommends approval of the preliminary plat
for Weinandt Acres 2nd Addition subject to the following
conditions:
1. Approval of the title opinion by the City Attorney.
2 . Execution of a Developers Agreement for the required
improvements.
a. A cash payment shall be made in lieu of land dedication
for park purposes. The park dedication fee ($315 per
lot) shall be paid at the time of the building permit is
released except for Lot 10 of Block 2 .
b. Street lighting to be installed in accordance with the
requirements of the SPUC Manager.
c. Local streets and street signs within the plat shall be
constructed in accordance with the requirements of the
design criteria and standard specifications of the City
of Shakopee. The streets shall be Plan A improvements
and constructed by the developer.
d. Construct a restriction to the existing 24" culvert to
limit the maximum stormwater discharge to 14 cfs. (i.e.
a concrete headwall with a smaller diameter opening. )
e. Construct a 0. 4 acre pond a minimum of 3 feet in depth in
the northeast corner of the subdivision.
3 . The applicant must pay the park dedication fee for Lot 10 of
Block 2 ($315) prior to final plat approval .
4 . Prior to any site grading within the proposed subdivision a
grading permit must be obtained from the City Engineer. All
street drainage must be collected within the rights-of-way or
in drainage easements.
/ a
5. All improvement plans must be approved by City Engineer prior
to final plat approval. The construction plans for the future
street connection to the west must be included.
6. Each lot will be allowed only one access from the local
residential streets. All lots fronting cul-de-sac streets
will be allowed access from the cul-de-sac only. No access to
County Road 17 will be allowed except the existing driveways
on Lot 10, Block 2 and at approved streets. Access rights
shall be limited by dedicating to the City the access rights.
7 . The existing field accesses along County Road 17 located on
Lots 4 of Block 2 and Lot 1 of Block 3 must be removed with
the construction of the internal street system.
8 . Any filling of potential sites must be approved by a
registered soils engineer with copies of compaction test
results forwarded to the Building Department.
9 . All on-site sewer areas must be protected from heavy equipment
traffic. Show on grading plan protected areas. State method
of protection.
10. Outlot A must be dedicated to the City as right-of-way prior
to the approval of the final plat. The street will be
constructed when the adjoining land to the west is developed.
11. Make the following modifications on the final plat prior to
submittal :
a. Described Outlot A as right-of-way. Provide a street
name and dimension as appropriate.
b. Provide a bold solid line on the previously dedicated
right-of-way line or County Road 17 right-of-way and the
proposed 50 ' right-of-way line.
c. Adjust the subdivision boundary dimensions to the
centerline (northeast and southeast corner of the plat) .
d. Add additional drainage easements as required by the City
Engineer. Include the drainage easement for the 0. 4 acre
retention basin on the final plat.
ACTION REQUESTED:
Offer and pass a motion approving the preliminary plat for Weinandt
Acres 2nd Addition subject to the stated conditions.
au: Weinandt
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MEMO TO: Dennis R. Kraft, City Administrator
FROM: Lindberg S. Ekola, City Planner
RE: Final Plat of The Meadows 5th Addition
DATE: May 15, 1991
INTRODUCTION:
At their meeting on May 9, 1991 the Planning Commission passed a
motion recommending approval of the final plat for The Meadows 5th
Addition subject to conditions.
BACKGROUND:
1. Gold Nugget Development Corporation has submitted a final plat
for The Meadows 5th Addition located South of 11th Avenue and
East of County Road 79 . This is the fifth phase of the
development and contains 38 singe family lots and one outlot
on approximately 18 . 798 acres. The area is zoned Urban
Residential, R-2 .
2 . In the Spring of 1987 , the developer received preliminary plat
approval for the entire plat. The preliminary plat was
amended on May 2 , 1989 . The first phase of final platting
(Meadows 1st Addition) was approved by the City Council on
November 17 , 1988 . Meadows 2nd Addition was approved by the
City Council on June 20, 1989 , Meadows 3rd on October 17,
1989 , and Meadows 4th on March 20, 1990 .
3 . The Upper Valley Drainageway is located within Outlot B of the
proposed Meadows 5th Addition. The drainage and utility
corridor is 120 feet in width and will house the VIP sewer
main. A trail system will be constructed in the drainage
corridor. A permanent easement for the purpose of drainage
extends onto the southern edge of the lots in Block 3 .
4 . With the approval of the amended preliminary plat, the City
and the developer came to an agreement on park dedication
requirements. Condition 7 stated that the Upper Valley
Drainageway and the 20 ' bike trail along County Road 79 count
toward park dedication requirements. The entire Meadows
development covers 162 . 77 acres. With the application of the
ten percent rule of thumb a total of 16. 277 acres of park land
would need to be dedicated to the City. The overall total
park land dedication proposed by the developer is 10 . 01 acres.
5 . The first addition dedicated 5% of the land (as part of the
trail along County Road 79) or about 1/2 the amount required.
The other half was paid in cash. The second addition
dedicated only 1. 4% of the land (Outlot C) and paid the
difference in cash ($6, 665) . The third addition did not pay
park fees, as the fee for those parcels was covered under the
developer' s agreement for The Meadows 2nd Addition. The
developer was reimbursed $1, 363 in the approval of Meadows 4th
/o
Addition. With this reimbursement the developer and the City
are equal in terms of park dedication requirements.
6. The developer is proposing to dedicate Outlot B to the City
for the park dedication requirement. The Meadows 5th Addition
covers 18 . 798 acres and Outlot B covers 3 . 76 acres. With the
ten percent rule of thumb 1. 88 acres would need to be
dedicated. A surplus of 1. 88 acres is proposed to be "land
banked" with the City for future additions.
7 . In their recommendation to the City Council, the Planning
Commission requested that the developer exclude the five lots
in the southeast corner of the proposed final plat (Lots 1 and
2 of Block 3 and Lot 6, 7 and 8 of Block 1) . These lots will
be affected by the recently proposed cul-de-sacs in this area.
The Planning Commission requested the opportunity to review
the design of the cul-de-sacs. These five lots and the cul-
de-sac streets on either side of the Upper Valley Drainageway
will be final platted with the 6th Addition. Outlot A
represents the five lots and street at this time.
8 . Currently there are special assessments against this property.
The City Engineer will reapportion these assessments against
the lots, and the developer will waive his right to appeal the
reapportionment.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission recommends approval of the final plat of
The Meadows Fifth Addition subject to the following conditions:
1. Approval of title opinion by the City Attorney.
2 . Execution of a developer's agreement for construction of
required improvements:
A. Street lighting to be installed in accordance with the
requirements of the SPUC Manager.
B. Water system to be installed in accordance with the
requirements of the SPUC Manager.
C. Sanitary sewer and storm sewer to be installed in
accordance with the requirements of the design criteria
and standards of the City of Shakopee.
D. Local streets and street signs within the plat shall be
constructed in accordance with the requirements of the
design criteria and standard specifications of the City
of Shakopee.
E. The Developer shall deed to the City Outlot B for park
dedication requirements.
F. The City Engineer will reapportion the existing special
assessments against the lots.
3 . The developer shall provide a recordable agreement stating
that not more than 10% of the plat will be developed into twin
homes. Twin homes will require separate utility connections,
and sites must be identified before installation of utilities.
4 . The developer will be responsible for the grading of the plat
(as per the preliminary drainage plan) .
ACTION REQUESTED:
Offer Resolution No. 3397 , A Resolution Approving the Final Plat of
The Meadows 5th Addition, and move its adoption.
,10
RESOLUTION NO. 3397
A RESOLUTION APPROVING THE FINAL PLAT OF
THE MEADOWS 5TH ADDITION
WHEREAS, the Planning Commission of the City of Shakopee did
approve the Final Plat of The Meadows 5th Addition and has
recommended its adoption; and
WHEREAS, all notices of hearing have been duly sent and posted
and all persons appearing at the hearing have been given an
opportunity to be heard thereon; and
WHEREAS, the City Council has been fully advised in all
things.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, that the Final Plat of The Meadows 5th
Addition, described as follows:
Outlot E of The Meadows.
be, and the same hereby is approved and adopted with the
requirements that:
1. Approval of title opinion by the City Attorney.
2 . Execution of a developer' s agreement for construction of
required improvements:
A. Street lighting to be installed in accordance with the
requirements of the SPUC Manager.
B. Water system to be installed in accordance with the
requirements of the SPUC Manager.
C. Sanitary sewer and storm sewer to be installed in
accordance with the requirements of the design criteria
and standards of the City of Shakopee.
D. Local streets and street signs within the plat shall be
constructed in accordance with the requirements of the
design criteria and standard specifications of the City
of Shakopee.
E. The Developer shall deed to the City Outlot B for park
dedication requirements.
F. Approval of the city Engineer's apportionment of the
existing special assessments.
o
3 . The developer shall provide a recordable agreement stating
that not more than 10% of the plat will be developed into twin
homes. Twin homes will require separate utility connections,
and sites must be identified before installation of utilities.
4 . The developer will be responsible for the grading of the plat
(as per the preliminary drainage plan) .
BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and
the same are hereby authorized and directed to execute said
approved Plat and Developer's Agreement.
Adopted in session of the City Council of the City
of Shakopee, Minnesota, held this 21st day of May, 1991.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form.
City Attorney
-r-4-4
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CONSENT
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerk Cot"/
RE: Appointments to Community Youth� Building Committee
DATE: May 9, 1991
INTRODUCTION:
It is appropriate that City Council consider appointments to
the Community Youth Building Committee to fill three terms which
have expired.
BACKGROUND:
Five individuals have expressed an interest in serving on the
Community Youth Building Committee: Gary Lindstrom, Robert Nead,
Sara Call, Darrell Trowbridge, and Debbie Macius. Three of the
individuals met with the Interview Committee on April 23rd. The
other two did not show up. The Interview Committee unanimously
endorses the appointment of Bob Nead, Sara Call, and Darrell
Trowbridge to the Committee.
RECOMMENDED ACTION:
Appoint Bob Nead, Sara Call, and Darrell Trowbridge to the
Community Youth Building Committee for the term ending January 31,
1993.
CONSENT 1/ U
TO: Dennis R. Kraft, City Administrator
FROM: Tom Steininger, Chief of Police
SUBJECT: Critical Incident Consortium
DATE: May 15, 1991
INTRODUCTION: I am requesting Council approval to participate in
a Critical Incident Consortium which involves entering a legal
services agreement.
BACKGROUND: The firm or Popham, Haik, Schnobrich and Kaufman, Ltd.
is organizing a consortium of law enforcement executives from
around Minnesota to develop a Critical Incident Procedures Manual.
A critical incident for purposes of this project is defined as an
officer involved shooting, death, traffic accident, or other event
which will be the subject of an internal investigation, a criminal
investigation, or possibly the subject of civil litigation.
Policies of this nature are necessary if correct decisions are to
be made in the immediate aftermath of a critical incident. The
recent incident in Los Angeles, the Tycel Nelson shooting in
Minneapolis and the Inver Grove Heights incident last year are
three excellent examples of why good critical incident policies are
necessary.
Both organizers of the consortium are well known to me. Bill
Everett was a police officer in Albert Lea before becoming an
attorney. Cliff Greene is a national authority on police liability
issues and lectures nationwide on this subject.
Cost of participation can run as high as $1000.00 but may be less
depending on the number of participants in the consortium. There
are adequate funds to cover this item in the police budget. This
expenditure seems reasonable when viewed in terms of both the
manual the consortium will produce and the learning that will occur
as a result of working with the organizers of the project.
ALTERNATIVES: 1. Approve participation by the Chief of Police in
the proposed Critical Incident Consortium.
2 . Prohibit participation by the Chief of Police in
the proposed Critical Incident Consortium.
RECOMMENDATION: Alternative #1.
ACTION REQUESTED: Authorize the appropriate city officials to
enter into a legal services agreement with Popham, Haik,
Schnobrich and Kaufman, Ltd regarding participation in a proposed
Critical Incident Consortium by the Chief of Police.
/ice
LAW ENFORCEMENT CRITICAL INCIDENT PLAN
LEGAL SERVICES AGREEMENT
This Agreement is between the City of
("City" ) and the law firm of Popham, Haik, Schnobrich & Kaufman,
Ltd. ("Popham, Haik" ) for the development of a law enforcement
critical incident plan, as is more fully described in the
attached letter and Outline of Proposed Topics .
This Agreement contemplates that at least fifteen (15)
agencies will participate in the development of the critical
incident plan. The City agrees to pay its proportionate share
of the cost of plan development. Popham, Haik estimates that
the total development cost of the plan will not exceed
$15, 000 . 00 . If the total cost is less than $15,000 .00, the City
will only be billed for its proportionate share of the actual
cost . The City will not be billed to the extent that the
development cost exceeds $15, 000 . 00 . The maximum cost to each
agency will not exceed $1, 000 . 00, with the possibility that
added participants could further reduce the cost. This
Agreement does not contemplate individual legal representation
of participating entities, nor any legal services to individual
agencies beyond the completion of the finalized plan.
The City will be billed upon receipt of the finalized
Critical Incident Plan project . The City agrees to pay the bill
within thirty (30) days of receipt . This Agreement shall not be
binding on either the City nor Popham, Haik unless a minimum of
.fifteen (15) agencies agree to share in the cost of the
development of the plan.
Dated: CITY OF
By
Its
Dated: April , 1991
POPHAM, HAIK, SCHNOBRICH & KAUFMAN, LTD.
By
Clifford M. Greene Reg. No. 37436
William J. Everett Reg. No. 207275
3300 Piper Jaffray Tower
222 Ninth Street South
Minneapolis, Minnesota 55402
(612) 333-4800
ZWJE975(1)
//
POPHAM HAIK
2400 ONE TA6oRC SCNNOBRICH & KAUFMAN, LTD. 3300 PIPER TOWER
1200 STREET 222 SOUTH NINTH
DENVER.COLORADO 60202 MINNEAPOLIS.MINNESOTA 55402
TELEPHONE 303.893.1200 TELEPHONE 612-333-4800
TELECOPIER 303.893-2194 MINNEAPOLIS, MINNESOTA TELECOPIER 612-334-2713
4100 CENTRUST FINANCIAL CENTER 13001 .N.W.
100 S.E.SECOND STREET SUITE 500 EAST
MIAMI.FLORIDA 33131 WILLIAM.3 EVES.ESQ. WASHINGTON.D.C.20005
TELEPHONE 305-530-0050 DIRECT DIAL(612)334-8024 TELEPHONE 202-962-8700
TELECOPIER 305-530-0055 TELECOPIER 202.962.8799
April 29, 1991
Chief Thomas Steininger
Shakopee Police Department
476 Gorman Street
Shakopee, MN 55379
Re: Critical Incident Procedures Manual
Dear Chief Steininger:
Over the past months, I have been in contact with a
number of law enforcement executives from around the state to
assess their interest in working together to develop a
comprehensive critical incident plan for Minnesota law
enforcement agencies . The interest has been overwhelming.
Although I have not had the opportunity to contact you, I wanted
to make you aware of our project, and to extend this invitation
to join the critical incident consortium. I have enclosed
documents describing the critical incident plan for your
review. But first, a word about the project itself:
A critical incident would be defined as an
officer-involved shooting, death, traffic accident, or other
event which will be the subject of an internal investigation,
criminal investigation, or possibly the subject of civil
litigation. As I am sure you are aware, these types of
incidents can focus tremendous public scrutiny and attention on
a department and its officers in a matter of hours .
A number of tough decisions, with significant and
long-term implications, must be made in the immediate aftermath
of a critical incident. No law enforcement manager should be
forced to formulate a critical incident policy during the stress
of a critical incident. Our law enforcement clients have raised
the idea of developing a comprehensive critical incident plan
before crisis strikes . While not every decision which needs to
be made while managing a critical incident can be made in
April 29, 1991
Page 2
advance, a number of important questions can be answered. For
those questions which cannot be answered now, the relevant
issues, implications, and criteria requiring consideration can
be identified.
We are estimating that the total development cost of the
plan will not exceed $15, 000 . We have been asked by our clients
to assess the interest of other agencies in participating in a
joint development effort; by dividing the cost among all
participating agencies, we hope to make a state-of-the-art
critical incident plan available at an exceedingly reasonable
cost. Our goal is to keep the cost for each agency as far below
$1, 000 . 00 as possible. We will bill our time to the project on
an hourly basis. Should the project come in "under budget, " you
will be billed for only your proportionate share of the actual
cost. In addition, we will absorb any cost overruns; your
agency will not be billed to the extent that the actual
development cost exceeds the $15,000 estimate. The bottom line
is that maximum expenditure for each agency will be no more than
$1, 000 . 00, and the participation of additional agencies will
further reduce the final cost.
We would like you, and all those interested in
participating in the project, to be our guest for a luncheon and
round table discussion on May 16, 1991 to consider approaches,
options, and items to be included in the critical incident
plan. At the meeting, we would also like to assemble a
committee of "volunteers" (using the term loosely) to evaluate
drafts of the plan as it proceeds toward finalization. Please
return the enclosed RSVP by May 6, 1991.
You may wish to discuss this proposal with your own
agency' s attorney to elicit their input and advice. Our only
aim is to bring a number of agencies together on a cooperative
basis to develop a comprehensive critical incident plan--at an
affordable cost. We want your own attorneys to feel comfortable
with this arrangement. If you, or your counsel, should have any
thoughts or questions, please do not hesitate to call. We look
forward to hearing from you.
Very truly yours,
t.(.tt.3✓V�
d'ii.)42ree
illiam J Everett
WJE/jpm
Enclosures
ZWJE973
,i/e
LAW ENFORCEMENT CRITICAL INCIDENT PLAN
PROPOSED TOPICS
1. The Officer at the Scene:
• Minimizing the potential for harmful admissions and
statements.
• Protecting the officer from press inquiry.
• Defining the purpose of initial investigatory
interviews and examining what ' s really, necessary.
• Defining the department ' s perspective on immediate
legal representation for involved officers . Should
the officer be represented by independent counsel?
Who should pay, and who must pay for independent
counsel?
• Gathering exculpatory evidence: Medical
examinations, blood tests and urinalysis for
involved officers..
• Identifying and providing for the officer ' s
immediate needs : notification of significant
others; removing the officer to a location safe from
threats and perceived threats to personal safety.
• Techniques to minimize psychological harm to
officers (e.g. , private and non-humiliating gun
exchanges, "suspensions" vs. "administrative
leaves . ")
2. The Supervisor at the Scene:
• Securing the scene and the involved officers .
• Notifying appropriate departmental staff and
investigative agencies; analyzing and assigning
responsibilities for calling in other agencies .
3 . i'Wnaaina the Crisis and Communications With Key Officials :
• Identifying a Crisis Manager .
• Identifying the roles of departmental staff during
critical incidents .
• Establishing formalized plans for communicating with
the City Manager, County Administrator, and elected
officials.
• Planning for regular "crisis" briefings of key
personnel.
• Media issues and "spin" control: What needs to be
said, what should not be said, what can legally be
said, and who should say it.
4 . Initial Investigatory Decisions :
• Coordinating parallel policy compliance and criminal
investigations; related Data Practices issues .
• Defining the purpose of policy compliance
investigations of critical incidents .
• Identifying the circumstances under which policy
compliance investigations should be conducted
internally versus externally.
• Examining how "criminal" investigation differs from
policy compliance investigation. Who should conduct
such investigations?
• Considering the commencement of a separate "civil"
investigation of critical incidents .
• Defining the nature, impact and logistics of FBI
"civil rights" investigations .
- — 5. The Officer During the Investigation:
• Defining the relationship between officer ' s counsel
and the department during the investigation.
• Examining the psychological profile of an officer
under investigation: recognizing needs, abilities
and disabilities; memory dysfunctions and
distortions and their impact on the investigatory
process .
• Identifying legal considerations and safeguards
implicated by administrative leaves and returning to
duty.
-2-
• Examining whether involved officers should prepare
written reports . Are they really necessary?
Should counsel assist officers in preparing such
reports? If reports are deemed necessary, when is
the best time for them to be written?
• Training officers to deal with media inquiries and
public scrutiny during critical incident
investigations .
• Considering legal and policy issues raised by
psychological care for involved officers .
• Identifying the legal implications of peer
discussions and debriefings with involved officers .
6. Investigatory Interviews of Involved Officers :
• Deciding when such interviews should take place.
(How soon is too soon--the impact of psychological
trauma on the ability of officers to describe
critical incidents) .
• Identifying the appropriate stage in the
investigation for interviewing involved officers .
• Examining Garrity issues raised by sequential
criminal and policy compliance interviews; avoiding
the compromise of appropriate criminal prosecutions .
• Identifying officers ' rights to union and legal
representation during interviews.
7. Media Issues During an Investigation:
• Balancing the need for confidentiality versus the
public' s appetite for information.
• Timing, focusing on issues, and "spin" control for
press releases and news conferences .
• Responding to inquiries from the public and the
media for investigatory information.
• Examining the impact of the Data Practices Act.
• Planning initial investigatory activities with an
eye toward maintaining confidentiality.
• Devising "history sheets" of officers and
departments to use during press releases .
-3-
1f -
8. Departmental Dynamics Durina an Investigation:
• Training officers to understand the critical
incident process to minimize stress, grievances and
litigation.
• Examining Data Practices Act issues and formulating
approaches to facilitate the communication of
information among department personnel.
• Identifying the need to not discuss critical
incidents with involved officers :
• Avoiding the generation of "admissions" and
"inconsistent statements" in the aftermath of
critical incidents .
• Avoiding the unintentional infliction of
psychological wounds to involved officers .
9 . Civil and Criminal Litigation:
• Understanding the impact of a finding that an
officer has violated departmental policy or
procedure.
• Understanding conflict of interest issues -- when
the interests of departments and officers come to a
legal "fork in the road. "
• Considering legal representation of officers before .
grand juries; who represents, and who pays .
10. Training Issues :
• Identifying the training (of departmental staff and
other city personnel) necessary to make the critical
incident process work.
• Formulating a reference guide to critical incident
resources (psychological, research, and "stress
debreifing" teams) .
• Formulating "checklists" for supervisors and
department staff .
-4-
CRITICAL INCIDENT PLAN
PROPOSED TIMETABLE FOR ACTION
April 23, 1991 Circulate proposed outline of topics .
May 3, 1991 Receive RSVP' s from agencies and
confirmations of interest; circulate
proposed budget based on responses .
May 16, 1991 Luncheon/Roundtable discussion of plan.
July 10, 1991 Circulate draft critical incident plan to
agencies and finalization committee.
August 1, 1991 Comments on draft critical incident plan
are received from participating agencies .
September 1, 1991 Circulate finalized critical incident plan.
ZWJE812
-5-
1/ I
R.S.V.P. RETURN REQUESTED
Chief Thomas Steininger
Shakopee Police Department
476 Gorman Street
Shakopee, MN 55379
Yes, I have reviewed the enclosed Letter,
Outline of Proposed Topics , and Legal Services
Agreement and wish to participate in the
Critical Incident Consortium and enclose an
executed copy of the Legal Services Agreement
with this response.
Yes, I will be attending the Critical Incident
Consortium meeting on May 16, 1991 ( location
and directions to follow) .
Number of People Attending
I will be unable to participate in the Critical
Incident Consortium.
ZNEH253
POPHAM HAIK
--
2400 ONE TA 6 O R CENTER SCHNOBRICH & K A U F M A N, LTD. 3300 PIPER J T TOWER
1200 SEVENTEENTH STREET 2228OUT1.1 NINTH STREET
DENVER.COLORADO 80202 MINNEAPOLIS.MINNESOTA 55402
TELEPHONE 303-893.1200 TELEPHONE 612-333-4800
TELECOPIER 303-893-2194 MINNEAPOLIS. MINNESOTA TELECOPIE8612-334-2713
4100 CENTRUST FINANCIAL CENTER 13001 STREET.N.W.
100 S.E.SECOND STREET SUITE 500 EAST
MIAMI.FLORIDA 33131 WASHINGTON.D.C.20005
TELEPHONE 303-530-0050 TELEPHONE 202-962-8700
WILLIAM J. EVERETT, ESQ.
TELECOPIER 303-530-0055 DIRECT DIAL(612) 334-8024 TELECO►IER 202-962-8799
May 2, 1991
Chief Thomas Steininger
Shakopee Police Department
476 Gorman Street
Shakopee, MN 55379
Re : Critical Incident Procedures Manual
Dear Chief Steininger :
Due to scheduling conflicts expressed by those interested
in the Critical Incident Consortium, the first meeting has been
rescheduled to May 30, 1991 . As it turns out, the Honeywell
Corporation is sponsoring a chiefs and sheriffs luncheon for May
16 , 1991. I have also been advised of meetings of the State
Chiefs Association also occurring May 16, 1991. This new date
should alleviate those conflicts , and enable as many interested
chiefs to attend as possible. Please return the enclosed RSVP
by May 14 , 1991 . I apologize for any inconvenience occasioned
by this scheduling change.
Please do not hesitate to call with any questions ,
thoughts , or comments .
__Very truly y u ,
William J. Everett
WJE/jpm
ZWJE1009
Enclosure
R.S.V.P. RETURN REQUESTED
Chief Thomas Steininger
Shakopee Police Department
476 Gorman Street
Shakopee, MN 55379
Yes, I have reviewed the enclosed Letter,
Outline of Proposed Topics, and Legal Services
Agreement and wish to participate in the
Critical Incident Consortium and enclose an
executed copy of the Legal Services Agreement
with this response.
Yes, I will be attending the Critical Incident
Consortium meeting on May 30, 1991 (location
and directions to follow) .
Number of People Attending
I will be unable to participate in the Critical
Incident Consortium.
ZNEH253
/ fc,
TO: Dennis R. Kraft, City Administrator
FROM: Gregg Voxland, Finance Director
RE: Storm Drainage Billing for Murphy's Landing
DATE: May 10, 1991
Introduction
Staff was directed to review the storm drainage utility billing situation
for Murphy's Landing.
Background
As I understand the situation, the City owns the land and has a management
agreement with Minnesota Valley Restoration Project, Inc. (MVRP) to operate the
site. The agreement provides that MVRP will obtain liability and comprehensive
insurance for the site. There are no other provisions in the agreement relating
to finances, ultimate fiscal responsibility or payment of utility bills other
than the clause in section 3. See attached agreement.
MVRP is paying the utility charge for electricity. There is apparently on
site water and sewer service. MVRP is apparently paying for garbage service.
City Council established the storm drainage system as a utility and I believe
that this is the basis on which the former city administrator had relied upon in
having the operator of the site (MVRP) pay the storm drainage billing.
As far as other city property is concerned, the city pays the storm
drainage bill for its property and also pays applicable the electricity, water,
sewer and garbage charges. The city also operates its other properties. The
exceptions are: 1. ) the city land being farmed which does not have any utility
charges, 2.) the hockey bubble which is located on a larger piece of city land
and is not a separate parcel to receive a storm drainage bill, and 3.) the
Chamber of Commerce building which is also on a larger piece of city property and
is not a separate parcel to receive a storm drainage bill.
Alternatives
1. Status Quo - MVRP pay all utility bills.
2. City pay one or more of the utility bills.
Recommendation
Which ever alternative the Council selects, it seems more than appropriate
that the operating agreement be amended to cover some of these financial issues.
Based on the appearance of MVRP paying the operating expense of the operation and
utility bills being part of operating costs and Council establishing the storm
drainage system as a utility, alternative number one is recommended.
Action
Move to have the managing entity of Murphy's Landing continue paying the
storm drainage utility bill for the site.
i
.I
AGREEMENT FOR TEMPORARY MANAGEMENT SERVICES
WHEREAS, the City of Shakopee, a body politic and corporate organized
under the laws of the State of Minnesota, owns and controls certain property
located within the City of Shakopee, legally described on Exhibit A, which is
attached hereto and incorporated herein by reference, and which is known as
"Murphy's Landing;" and
WHEREAS, the City of Shakopee desires to enter into an agreement for
the management of Murphy's Landing during a time period in which the City of
Shakopee will be issuing requests for proposals to entities interested in
long-term management of Murphy's Landing; and
WHEREAS, the Minnesota Valley Restoration Project, Inc. is a
corporation organized under the laws of State of Minnesota with its principal
offices in Shakopee, Minnesota, and which has been managing Murphy's Landing for
several years; and
WHEREAS, Minnesota Valley Restoration Project, Inc. desires to
undertake the continued management of Murphy's Landing during this interim
period; and
WHEREAS, both parties hereto desire to enter into this Agreement
setting forth terms and conditions of the temporary management of Murphy's
Landing by Minnesota Valley Restoration Project, Inc. ;
NOW, THEREFORE, IT IS AGREED by and between the parties as follows:
1 . That as and from the date of this Agreement the City of Shakopee
(hereinafter "City") hereby contracts with Minnesota Valley Restoration Project,
Inc. (hereinafter "MVRP") for the management of Murphy's Landing.
2. That this Agreement will continue until either party gives a
-1-
If
fay written notice of its intention to terminate this Agreement.
3. That during the period covered by this Agreement , MVRP shall
continue to manage Murphy's Landing in the manner it has been managed during the
time period immediately proceeding the execution of this Agreement. MVRP shall
make no major changes in operation of Murphy's Landing nor commit the enterprise
to significant capital or other contractual obligations without first receiving
the written authorization of the City.
4. MVRP shall report to the City Administrator of the City of
Shakopee on at least a monthly basis relative to the on-going operation of
Murphy' s Landing.
5. MVRP shall obtain liability insurance as well as comprehensive
insurance on the structures and contents at Murphy' s Landing, naming both the
City and MVRP as insureds under the terms of such policies. The policies shall
be in the amounts and forms as approved by the City. Such policies will require
a minimum 10-day written notice of cancellation or termination given to both
MVRP and the City.
6. The City shall be notified of all meetings with the Board of
Directors of MVRP, and the City shall be authorized to have an observer present
at any such meetings. The City shall be supplied copies of minutes , notes and
I resolutions respecting such Board of Directors meetings and the actions
undertaken at such meetings.
Both parties hereto agree to enter into and execute any further
documents or agreements necessary or convenient to effectuate the terms and
conditions of this Agreement.
-2-
•
This Agreement shall be governed by the laws of the State of Minnesota.
Signed this 1.:7:.day of September, 1987, at Shakopee, Minnesota.
CITY OF411SHAKOPEE >>
ATTEST: By: VEldon Re , Mate
Judith S. Cox, Citi Clerk J n K. An erson, City Administrator
MINNESOTA VALLEY RESTORATION PROJ CT, INC.
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MEMORANDUM
TO: Dennis Kraft, City Administrator
FROM: Karen Marty, City Attorneyh%/
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DATE: May 15, 1991
RE: Offsetting Special Assessments With Condemnation Awards
BACKGROUND:
Not long ago Councilman Sweeney requested staff to look into
offsetting proposed special assessments with condemnation awards.
As I understand the proposal, it would allow a property owner who
is due a condemnation award to use the award prior to receiving
it (i. e. , pre-tax) to pay the special assessments relating to the
same project. After review, I believe such a program would be an
administrative nightmare, with continuing legal questions.
ANALYSIS :
At the time the condemnation award is made, the amount of
special assessments are unknown, since the project has not been
completed. Therefore we may not directly offset one with the
other.
Although we could hold the condemnation award (defer
payment) until the special assessments are finally approved, the
City would owe interest on the condemnation award for the interim
period.
We do have estimates of the amount of the special
assessments. We could offset these amounts and pay any excess
condemnation award to the property owner. We would need to enter
into an agreement with the property owner, have the property
owner agree to the offset, and have the property owner waive the
right of appeal to the amount of the special assessments waived.
However, we would then have to keep records of how much we had
received, and later bill for the remainder or refund any excess
(including possible interest) .
The idea behind all this appears to be to allow the payment
of special assessments with pre-tax dollars. The taxes in
question are income taxes, which go to the state and federal
governments. It is questionable whether we would go unchallenged
if we unilaterally initiated a program which avoided income
taxes.
Although we should take every opportunity to benefit our
citizens, we also are in a position of responsibility to the
public. Public funds are to be spent for a public purpose. The
public purpose in this matter is unclear.
Page 2 4/ .�.
May 15, 1991
Dennis Kraft
ALTERNATIVES :
1. Direct staff to cease review of this issue at this time.
2 . Direct staff to continue review of this issue, attempt
further to find or develop a public purpose, and prepare the
necessary contracts or other documents to accomplish the project.
RECOMMENDATION:
Staff recommends alternative 1.
ACTION REQUESTED:
Direct staff to cease review of this issue at this time.
KEM:bjm
[EMDSPAS]
cc: Judy Cox
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MEMO TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerk
RE: Opening on the Park and Recreation Advisory Board
DATE: May 16, 1991
INTRODUCTION & BACKGROUND:
Because of the resignation of Mr. Bill Preiss from the Park
and Recreation Advisory Board, an opening on the board has been
created.
The current Park and Recreation Advisory Board and the
Shakopee Community Recreation Board which existed prior to this has
always consisted of seven members. You may remember that this past
February, the Shakopee City Council amended the membership by
increasing it to eight members. This allowed for the reappointment
of Mr. Steve Johnson to the board. This would be an opportune time
for the membership on the board to resume to it 's original number
of seven.
In January, the following six individuals were nominated to
the Park and Recreation Advisory Board; Charles Brandmire, Robert
Green, Charles Hergott, Steve Johnson, Anne Seifert, and Robert
Tomczik. Mr. Johnson, Mr. Tomczik, and Ms. Seifert, were all
appointed to the board. Mr. Brandmire is currently serving on the
Community Development Commission. Mr. Green and Mr. Hergott could
be contacted to see if the are still interested in serving, if it
is desirable to fill the current opening.
ALTERNATIVES:
1. Reduce membership on the board to the original number of
seven.
2 . Leave the board membership at eight.
3 . Appoint one of the three candidates not appointed in January.
4 . Advertise for additional interested citizens.
5. Ask for a recommendation on the desired membership from the
Park and Recreation Advisory Board.
RECOMMENDATION:
Staff recommends Alternative No. 1, Reduce the membership to
the original number of seven (I have spoke with Mr. Mark McQuillan,
Program Supervisor and he has no preference one way or the other as
to the number of members on the board) .
RECOMMENDED ACTION:
Direct staff to prepare the appropriate ordinance to reduce
the membership on the Park and Recreation Advisory Board from eight
members to seven.
JSC/tiv
ADMINISTRATIVE POLICY NO. 181
SUBJECT: An Expression of Appreciation to Those
Who Have Served on Boards and
Commissions
DATE ADOPTED: February 7, 1989
SOURCE OF AUTHORITY: City Administrator
(CC:City Council 2-7-89 as an info item)
Residents (and sometime employees) of the City of Shakopee
give of their time and talents by serving on boards and
commissions established by the City Council. When a member of a
board or commission resigns or when a member's term expires, the
Council desires to express their appreciation to the member for
their time and effort. The following policy will be a guide used
in expressing appreciation to the board and commission members
when they retire from service.
1) A letter of appreciation, signed by the Mayor, shall be
mailed to anyone who has served on a board or commission up
to a total of five years. If the individual serves on two
boards or commission simultaneously, the time will not be
doubled to account for the total number of years of
service.
2) A Resolution of Appreciation will be adopted at a Council
( meeting for anyone who has served more than five years on a
board(s) or commission(s) . The individual will be invited
to the Council meeting to receive a framed copy of the
resolution.
3) Council may, at their discretion, deviate from this policy.
For example: the Council may wish to adopt a resolution of
appreciation for an individual who has served less than five
years and whose efforts and contributions were above and
exemplary; or Council may wish to adopt a resolution of
appreciation for all members of a committee which was set up
to accomplish a specific task.
The City Clerk will follow the above described policy,
unless directed otherwise, by motion of the City Council, as
outlined in number 3 above.
JSC/tiv
JiG
TO: Dennis R. Kraft, City Administrator
FROM: Gregg Voxland, Finance Director
RE: Bill List for May 21, 1991 Council Meeting
DATE: May 17, 1991
The bill list for the May 21, 1991 Council meeting has a bill included for
Bargen Inc. , in the amount of $6,149.00. It is for the purchase of 4,300 pounds
of asphalt rubber crack repair. The amount is over the $5,000 threshold for
items which should go to Council for approval.
The purchase is within the budget. It appears that the purchase of the
material would fit the definition of "item" in the Code. The intention was to
purchase an estimated 3,000 pounds for which the cost would have been under
$5,000 and the increased amount of material used was not intentional. Other
companies were contacted for a quote but declined to include application as part
of a demonstration of their product.
;
TO: Dennis R. Kraft, City Administrator
FROM: Gregg Voxland, Finance Director
RE: Condemnation Awards for Fifth Ave.
DATE: May 16, 1991
Included in the bill lists are payments for the condemnation awards in
accordance with instructions from Krass and Monroe. The payments are:
1. Gordon Gelhaye - $32,000.00 plus $243.92 for city share of taxes.
2. Dorothy TenEyck - $39,600.
3. Scott County Court Administrator in Trust for R. J. Gregory Property
Management - $21,900.00 less $296.61 for taxes due.
4. Commissioners compensation;
Dean Morlock $619.80
Ray Joachim, Sr. $470.63
Marjorie Henderson $454.40
This provided as information only. No action required unless
Council pursues further agenda item lle, offsetting special
assessments with condemnation awards .
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MEMORANDUMIA
TO: Dennis Kraft, City Administrator
FROM: Karen Marty, City Attorney '
DATE: May 17, 1991
RE: Requesting Council to Authorize Advertising for a
Prosecutor and Legal Secretary
BACKGROUND
Since February, the City Attorney and the City Administrator
have been discussing with other cities the possibility of our
hiring legal staff to handle the prosecutions for the other
cities in Scott County. At present, five cities have indicated
interest: Savage, Prior Lake, Belle Plaine, Elko, and New
Market. A joint powers agreement has been drafted to provide for
these prosecution services, but at present the contract has not
been finalized. This contract is structured so that the
prosecutor and secretary would be Shakopee employees, with their
full costs, including overhead, covered by the other contracting
cities. The contracting cities would receive the benefit of the
prosecutions at a lower cost than the private sector offers,
while we would be able to use the prosecutor to handle some
Shakopee matters and free up some of my time to work on civil
matters. These services will be at no cost to the City.
We have been requested to begin providing these prosecution
services on July 1, 1991, assuming that the final details can be
worked out. If we are to meet this July 1 deadline, we will need
to begin the process of hiring staff as soon as possible.
Therefore, I am requesting that the City Council authorize our
advertising for one prosecutor and one legal secretary. Both
positions would be full-time. In the event that the contract is
not finalized, no one would be hired.
ALTERNATIVES
1. Authorize staff to proceed to advertise for applicants
for full-time prosecutor and full-time legal secretary positions.
2 . Decline to authorize the advertisement for applicants.
REQUESTED ACTION:
Authorize staff to advertise for applicants for full-time
prosecutor and legal secretary positions.
KEM:bj m
[PROSAUTH]
CONSENT /zoJ
MEMO TO: Dennis R, Kraft, City Administrator
FROM: Lindberg S. Ekola, City Planner (�
RE: Resolution Setting Public Hearing for the Vacation of the
Alley in Block 30 of East Shakopee Plat
DATE: May 15, 1991
INTRODUCTION AND BACKGROUND:
City staff has received a petition for the vacation of the
east/west alley in Block 30 of East Shakopee plat. A public
hearing needs to be set by resolution according to state law.
Attached is a copy of the resolution.
DISCUSSION:
Two property owners (Happy Chef and Dan and Teri Routson) own lots
on each side of the east/west alley in Block 30. The alley is
approximately 300 feet in length and is a dead end alley. From a
preliminary staff review it appear the existing alley utilities can
be relocated to other exterior locations to serve these properties.
The alley has minimal purpose.
RECOMMENDATION:
Staff recommends that the City Council pass a motion adopting the
resolution setting the public hearing for the vacation of the alley
for June 18 , 1991.
ACTION REQUESTED:
Offer Resolution No. 3398, A Resolution Initiating the Vacation of
the East/west Alley in Block 30 East Shakopee Plat, Scott County,
Minnesota, and move its adoption.
RESOLUTION NO. 3398
A RESOLUTION INITIATING THE VACATION OF THE
EAST/WEST ALLEY IN BLOCK 30 EAST SHAKOPEE PLAT,
SCOTT COUNTY, MINNESOTA
WHEREAS, the City has received a request to vacate the
east/west alley in Block 30 of East Shakopee Plat; and
WHEREAS, it has been made to appear to the Shakopee City
Council that the alley serves no public use or interest; and
WHEREAS, a public hearing must be had before such action can
be taken and two weeks published and posted notice thereof must be
given.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, that a hearing be held in the Council
Chambers on the 18th of June, 1991 at 7 : 00 p.m. , or thereafter, on
the matter of vacating the alley in Block 30 East Shakopee Plat,
Scott County, Minnesota.
BE IT FURTHER RESOLVED, that two weeks ' published notice be
given by publication in the Shakopee Valley News and posted notice
be given by two weeks posting a copy of such notice on the bulletin
board in the main floor of the Scott County Courthouse, on the
bulletin board in the Shakopee City Hall and on the bulletin board
at the Shakopee Public Library.
Adopted in session of the City Council of the City of
Shakopee, Minnesota, held this day of , 1991.
Mayor
ATTEST:
City Clerk
Approved as to form.
City Attorney
1zw
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Notice is hereby given to the affected property owners and the
public that the City Council of the City of Shakopee, will hold a
public hearing on Tuesday, June 18, 1991 at 7 : 00 p.m. , or
thereafter, in the Council Chambers of the City Hall at 129 East
1st Avenue, to consider the vacation of the east/west alley lying
within Block 30 of East Shakopee Plat in the City of Shakopee, to
which the City of Shakopee has asserted a claim.
All persons interested in the above vacations will be given an
opportunity to be heard.
Dated this 15th day of May, 1991.
Judith S. Cox
City Clerk
City of Shakopee
r2ec �S�f
LJ 5--13 -9(
PETITION FOR STREET OR ALLEY VACATION
DATE I • 1,3 c)c.)
We the undersigned, owners of the following described real
property , abutting on the street or alley in question, hereby
petition the City Council of the City of Shakopee to vacate the
following (Street) (Alley) 1L E L C K 3(0
lying between \)f . ci 51-4(\AJ;r wr ST. St. /Ave . , and between
I� k ki\1 IN Vks, sr, St. /Ave .
PETITIONER LOT BLOCK
1- 30
2 30
4
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30
P 3c
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C �
I hereby verify that I circulated the above petition and that
the above signatures of the property owners and petitioners were
affixed in my presence .
Circulator
Approved this day of , 19 '
City Attorney
N //2 SEC. 6 T //5 R. 2
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C;O1SENT
MEMO TO: Dennis Kraft, City Administrator
FROM: Ray Ruuska, Engineering Coordinator
SUBJECT: Upper Valley Drainage Project - Phase II
Project No. 1987-5A
DATE: May 15 , 1991
INTRODUCTION:
Council action is required for a resolution accepting work and
making final payment on the Upper Valley Drainage Project - Phase
II , Project No. 1987-5A.
BACKGROUND:
All of the work for this project has been completed in accordance
with the contract documents.
A signed copy of the Certificate of Completion is attached.
ACTION REQUESTED:
Offer Resolution No. 3399 , A Resolution Accepting Work on the Upper
Valley Drainage Project - Phase II, Project No. 1987-5A and move
its adoption.
RR/pmp
MEM3399
CERTIFICATE OF COMPLETION
CONTRACT NO . : 1987-5A DATE : May 6 , 1991
PROJECT DESCRIPTION : Upper Valley Drainage Project - Phase II
CONTRACTOR: Richard Knutson , Inc .
12585 Rhode Island Ave . S .
Savage , MN 55378
ORIGINAL CONTRACT AMOUNT $ 576 , 737 . 00
QUANTITY CHANGE AMOUNT $ 1 , 109 . 50
CHANGE ORDER NO , 1 THRU NO . 2 AMOUNT , , $ 22 , 978 . 50
FINAL CONTRACT AMOUNT $ 600 , 825 . 00
LESS PREVIOUS PAYMENTS $ 599 , 825 . 00
FINAL PAYMENT $ 1 , 000 . 00
I, hereby certify that the above described work was inspected
under my direct supervision and that, to the best of my belief and -
knowledge, I find that the same has been fully completed in all
respects according to the contract, together with any modifications
approved by City Council . I, therefore, recommend above specified
final payment be made to the above named Contractor.
Professional Engineer
er Tax
Form Minnesota Department of Revenue
IC-134 Withholding Affidavit for Contractors q J 25 7997
This affidavit must be approved by the Minnesota Department of Revenue before the
State of Minnesota or any of its subdivisions can make final payment to contractors.
Minnesota ID number
Company name 7319476
Richard Knutson, Inc.
Address Month/year work began
12585 Rhode Island Ave. So. 05/90
City State Zip Code Month/year work ended
Savage MN 55378 11/90
Total contract amount:
$600 , 855. 00
Telephone number Amount still due:
( 612 ) 890-8811 9, 572. 55
Did you have employees work on this project? YES Project number: Contract No. 1987-5A
If none,explain who did the work: , Project location: Hwy 101 & 4th St. , Shakopee
Project owner City of Shakopee
Address 129 E. 1st St. , Shakopee, MN 55379
Check the box that describes your involvement in the project and fill in all information requested in that category:
LI Sole contractor
`; Subcontractor If you are a subcontractor, fill in the name and address of the contractor that hired you:
R' Prime Contractor If you subcontracted out any work on this project,all of your subcontractors must file their own
IC-134 affidavits and have them certified by the Department of Revenue before you can file your
affidavit. For each subcontractor you had,fill in the business information below, and attach a copy
of each subcontractor's certified IC-134. (If you need more space,attach a separate sheet.)
Business name Address Owner/Officer
Valley Paving, Inc. , 8800 13th Ave E. , Shakopee, MN 55379
Monette Construction, Inc. , 2050 White Bear Ave. , St. Paul, MN 55109
EJM Pipe Services, Inc. 7807 Lake Drive, Lino Lakes, MN 55014
I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize
the Department of Revenue to disclose pertinent information relating to this project.including sending copies of this form,
to the prime contractor if I am a subcontractor.and to subcontractors if I am a prime contractor_and to the contracting_agency___
-- ---- --- Title —-- Date
Cont. signature/
—< T
r�r'(�/f, ' „_ _ _Treasurer 1/25/91
;/i For certification,mail to:
Minnesota Department of Revenue, Business Trust Tax Section
Mail Station 6610, St. Paul, MN 55146-6610
Certificate of Compliance with Minnesota Income Tax Withholding Law
Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has
fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from
wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions__
- ------- -- ------ ---- - Date
Signature of authorized Department of Revenue official
a. cf,„.01,4„..,
'° -- N 2 )
NOV-09-1990 17 53 FROM VALLEY PAVING, INC. TO RICHARD KNUTSON P.02
Form
t�.i34 Minnesota Department of Revenue Busfn ;Trust Tax
Rev.9.19 Withholding Affidavit for Contractors
This affidavit must be approved by the Minnesota Department of Revenue before the 2 5 X91
State of MMrnnesota or any of its subdivisions can make final payment to contractors.
Cc"vw'r """'. Minnesota 10 number
VALLEY PAVING, INC. 5565541
Address MwAhyer.onc bean
8800 13th Ave. E. 6/90
ab stale m code M elhoyenr Walt ended
Shakopee, MN 55379 10/90
Rear deeded amount!
•
$4045.00
ThMpf+one number AntOcK1 OM due:
613 445-8615 $4464.55
- Did you have employees work on this project? Project number: 1987-5A SP7005-61
If none.explain who did the work: Project focationUPPER VALLEY DRAINAGE — SHAKOPEE
YES Project owner: CITY 01~ SHAKOPEE
Address _—. .-
_ __ 129 E. A
1st ve. • Shakopee, aI 55379
Check the box that describes your Involvement in the project and fill In all information requested In that category:
CJ Sole contractor
51 Subcontractor If you are a subcontractor, fill in the name and address of the contractor that hired you:
. RICHARD KNUTSON,, INC. 12585 RHODE ISLAND AVE. S. SAVAGE, MN 55378
❑ Prime Contractor If you subcontracted out any work on this project,all of your subcontractors must file their own
IC-134 affidavits and have them certified by the Department of Revenue before you can file your
affidavit. For each subcontractor you had, fill in the business information below,and attach a copy
. of each subcontractor's certified IC-134. (If you need more space,attach a separate sheet.)
Business name Address Owner/Officer
t mow.that ea intorrnaaon I halve pled in on this form hi leve end oomptete to the best of my knowedge end pdi q, I eutt+ortia
the Department of Revenge to clinics,pertinent Information relating to this pro}ect,Including sending cycles of this form,
• to the prime.• -n•. if I am a subboontactor.and to any subcontractors if I am a prime contractor,and to the contracting agency.
Con9 • ow,* / T ee .
• 0010
BILLINGS CLERK 11/09/90
For certification, mail to:
Minnesota Department of Revenue,Business Trust Tax Section
Mail Station 6610, St. Paul,MN 55146-6610
Certificate of Compliance with Minnesota Income Tax Withholding Law
Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has
fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from
wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions.
Nr•�ttgM, l . d etilela!
• 4A �2 5 sas
/ 2 -
g akt;J i EN
Form Minnesota Department of Revenue RKI #381
IC-134
Rev.9/89 Withholding Affidavit for Contractors JA y 2 5
1991
This affidavit must be approved by the Minnesota Department of Revenue before the
State of Minnesota or any of its subdivisions can make final payment to contractors.
Company name nn
Miesota 10 number
EJM Pipe Services , Inc. 5050874
Address Monthryear work began
7807 Lake Drive 05-90
City State Zip Code Monttvyear work ended
Lino Lakes , Minnesota 55014 06-90
Total contract amount:
$64, 800. 00
Telephone number Amount still due:
( 612) 786-8041 $ 7 , 800 . 00
Did you have employees work on this project? Ye S Project number: 1987-5A
If none,explain who did the work: Project location: Shakopee , Minnesota
Project owner: City of Shakopee
Address Shakopee, Minnesota
•
Check the box that describes your involvement in the project and fill in all information requested In that category:
❑ Sole contractor
® Subcontractor If you are a subcontractor,fill in the name and address of the contractor that hired you:
Richard Knutson, Inc. -12585 Rhode Island Ave S. – Savage , MN 55378
❑ Prime Contractor If you subcontracted out any work on this project, all of your subcontractors must file their own
IC-134 affidavits and have them certified by the Department of Revenue before you can file your
affidavit. For each subcontractor you had, fill in the business information below, and attach a copy
of each subcontractor's certified IC-134. (If you need more space, attach a separate sheet.)
Business name Address Owner/Officer
I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize
the Department of Revenue to disclose pertinent information relating to this project.including sending copies of this form,
to the prime contractor if I am a subcontractor,and to any subcontractors it I am a prime contractor,and to the contracting agency._
Contractor's signature
- Title Date
-- Vice-President 11-12-90
\1 - moi, i- ) %,' _—
—
For certification, mail to:
Minnesota Department of Revenue, Business Trust Tax Section
Mail Station 6610, St. Paul, MN 55146-6610
Certificate of Compliance with Minnesota Income Tax Withholding Law
Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has
fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from
wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions.
– Date
s naturg,gl author ent o vlye official
o 4Ahi 2 5 ast
NOV- J-9U }•K 114:U5 11UNETTE CUNS1 RUCf I ON CO. FAX NO. 6127771330 P. 01
Form
IC-134 Minnesota Department of Revenue
Rev.9/89 • Withholding Affidavit for Contractors
This affidavit must be approved by the Minnesota Department of Revenue before the 4/3,1 2 5
State of Minnesota or any of its subdivisions can make final payment to contractors.
companY name I�rn.sota lO number
Morette Construction Co. , Inc. 9009468
AOOreSs Aeorvtyyvar ea..beton
2050 White Bear Ave.
5.90
S t. Paul, Mn. 55 Q9 Zip code Month/year wan`ended
9-90
?Ota[oaNratt amour
$17,300.00 •
Tptephpne rtUrnOM Amami stet due:
( 612 ) 777-1339 8865.00
Did you have employees work on this project? yes Project number:
If none,explain who did the work: Project location:
_. _- _ _ _Project owner: — -
Address
Check the box that describes your Involvement in the project and fill in all information requested/n that category:
❑ Sole contractor
E.J Subcontractor If you are a subcontractor,fill in the name and address of the contractor that hired you:
❑ Prime Contractor If you subcontracted out any work on this project, all of your subcontractors must file their own
IC-134 affidavits and have them certified by the Department of Revenue before you can file your
affidavit. For each subcontractor you had, fill in the business information below, and attach a copy
of each subcontractor's certified IC-134. (If you need more space, attach a separate sheet.)
Business name —___Address_- Owner/Officer
!doctors!hit lit tnfOrmet on I htve filled in on this form!e true and comics to els out of my knowledge end belief. I AuthOriie
the Department of Revenue to disclose pertinent information relating to this project,Including sending copies of this form,
to me.rims contractor a subcontract. ,and to any subcontractors if lam a prime contractor,and to the contracting agency,
.. :spnatur,'— --- _.
Date
41tr Tree. 11-9-90
For certification, mail to:
Minnesota Department of Revenue, Business Trust Tax Section
Mail Station 6610, St. Paul, MN 55146-6610
Certificate of Compliance with Minnesota Income Tax Withholding Law
Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has
fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from
wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions.
Sgnature Ih t7c M
Oats
JAN 25
RESOLUTION NO. 3399
A Resolution Accepting Work On The
Upper Valley Drainage Project, Phase II
Project No. 1987-5A
WHEREAS, pursuant to a written contract signed with the City
of Shakopee on May 7 , 1990 , Richard Knutson, Inc. , 12585 Rhode
Island Avenue South, Savage, MN 55378 has satisfactorily completed
the Upper Valley Drainage Project - Phase II, Project No. 1987-5A,
in accordance with such contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA that the work completed under said contract
is hereby accepted and approved; and
BE IT FURTHER RESOLVED, that the City Clerk and Mayor are
hereby directed to issue a proper order for the final payment on
such contract in the amount of $1, 000 . 00 , taking the contractor' s
receipt in full.
Adopted in session of the City Council of the
City of Shakopee, Minnesota, held this day of
19
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
CONSEM 1 ). d
MEMO TO: Dennis Kraft, City Administrator
FROM: Ray Ruuska, Engineering Coordinator
SUBJECT: Vierling Drive Watermain, Project No. 1990-2
DATE: May 16 , 1991
INTRODUCTION:
Council action is required for a resolution accepting work and
making final payment on the Vierling Drive Watermain Project No.
1990-2 .
BACKGROUND:
All of the work for this project has been completed in accordance
with the contract documents.
A signed copy of the Certificate of Completion is attached.
ACTION REQUESTED:
Offer Resolution No. 3400, A Resolution Accepting Work on the
Vierling Drive Watermain Project from Limestone Drive to
approximately 2 , 000 feet west, Project No. 1990-2 and move its
adoption.
RR/Pmp
MEM3400
CERTIFICATE OF COMPLETION
CONTRACT NO . : 1990-2 DATE: May 17 , 1991
PROJECT DESCRIPTION : Vierling Drive Watermain Extension
CONTRACTOR: Richard Knutson , Inc .
12585 Rhode Island Ave . S .
Savage , MN 55378
ORIGINAL CONTRACT AMOUNT $ 81 , 755 . 00
QUANTITY CHANGE AMOUNT $ ( 305 . 90 )
CHANGE ORDER NO . 1 THRU NO . -- AMOUNT , $ 726 . 00
FINAL CONTRACT AMOUNT $ 82 , 175 . 10
LESS PREVIOUS PAYMENTS $ 82 , 175 . 10
FINAL PAYMENT $ -0-
I, hereby certify that the above described work was inspected
under my direct supervision and that, to the best of my belief and
knowledge, I find that the same has been fully completed in all
respects according to the contract, together with any modifications
approved by City Council , I, therefore, recommend above specified
final payment be made to the above named Contractor,
Ardoelt, of.
Pro essional Engineer
Business Trust Tax
RKI #388 / LG'
MAR 28 1991
Form Minnesota Department of Revenue
Rev. in Withholding Affidavit for Contractors
This affidavit must be approved by the Minnesota Department of Revenue before the
State of Minnesota or any of its subdivisions can make final payment to contractors.
Minnesota ID number
Company name
Richard Knutson, Inc. 7319476
Address Month/year work began %O
12585 Rhode Island Ave So. (,0/
City State Zip Code Month/year work ended /g
Savage, MN 55378 /a/ Jo
Total contract amount:
82 , 175 . 10
Telephone number Amount still due:
( 612 ) 890-8811 500 . 00
Did you have employees work on this project? YES Project number: 1990-2
If none,explain who did the work: Project location:Vi er 1 ing Dr, Shakopee, MN
Project owner: City of Shakopee
Address 129 First Avenue East
Shakc•ee MN 55379
Check the box that describes your involvement in the project and fill in all information requested in that category:
❑ Sole contractor
Subcontractor If you are a subcontractor,fill in the name and address of the contractor that hired you:
;X Prime Contractor If you subcontracted out any work on this project, all of your subcontractors must file their own
IC-134 affidavits and have them certified by the Department of Revenue before you can file your
affidavit. For each subcontractor you had, fill in the business information below, and attach a copy
of each subcontractor's certified IC-134. (If you need more space, attach a separate sheet.)
Business name Address Owner/Officer —
EJM pipe Services , 7807 Lake Drive, Lino Lakes , MN 55014
I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize
the Department of Revenue to disclose pertinent information relating to this project,including sending copies of this form.
,'2j to the prime contrac-r if I am a subcontractor,and to any subcontractors if I am a prime contractor,and to the contractingoa n
61cy
Contract n,lure / Title
Yif
1 / / Treasurer March 21 , 1991
For certification, mail to:
Minnesota Department of Revenue, Business Trust Tax Section
Mail Station 6610, St. Paul, MN 55146-6610
Certificate of Compliance with Minnesota Income Tax Withholding Law
Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has
fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from
wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions.
_ -
Oat
e
Signator..• aut zed D ment even K. 2 e
EJM PIPE SERVICE TEL No . 736-9289 Mar 21 .91 10 :22 No .006 e .02
•
Form
1C-134 Minnesota Department of Revenue •
Rev.Ma Withholding Affidavit for Contractors t�9�
This affidavit mus:be approved by the MinnesCita Department of Revenue before ox.
Stale of Minnesota or any of GS r t}t ivisions can make Mat payment to contractors.
+4roal+Y rums to number
EJM Pipe Services , Inc, 5050874
Addlaaa licrevyeal wet%belgan ..
7807 Lake Drive 09-90
Caw State 2w Cade
M0A°vYem.ort entad
Lino Lakes , Minnesota 55014 10-90
Toad landed amount:
$6, 640.00_
Tow aye mimeo( .. Anwf Val flue
(612 ) 786-8041 $ 332 . 00
Did you have employees work on this project? Yes Proiert number: 1990-2
tt none,explain who did the work: C Project location: Shakopee, Minnesota
Prolectowner: City of Shako•ee
Address 129 1 Ave E — Shakopee, MN
Check the box that describes your involvement In the project and fill In all Information requested In that category:
❑ Sole contractor
T Subcontractor if you are a subcontractor.fill in the name and address of the contractor that hired you:
Richard Knutson, Inc. — 12585 Rhode Island Ave S — Savage, MN 55378
Prime Contractor If you subcontracted out any work on this pro ect,all of your subcontractors must file their own
IC-134 affidavits and have them certified by the Department of Revenue before you can file your
affidavit. For each subcontractor you had, fill in the business information below,and attach a copy
of each Subcontractor's certified IC-134. (It you need more space, attach a separate sheet.)
Business name Address Owner/Officer
lommttmmillett► -INININEw
I oecare nit all trtornat:on:nave ri!oc1 in on?s torr,:s moue and cempieie to the best or my ' oohledge and oeiief. I aitnortze
the Department of Revenue to GSciose pertinent intorrnet on relating to T.:3 D oect.inquoirg sending oopies of this form.
to the prime Contractor if I am a s`bcontractor,ar:d to any su0contractors if I em aprime contractor•and to the contracting agency.
COntrector s signature
TiesUata
a 1
�" Vice-President 03-21-91
For certification,mail to;
Minnesota Department of Revenue, Business Trust Tax Section
Maif Station 6610,Si. Paul, MN 55146-6610
Certificate of Compliance with Minnesota income Tax Withholding Law
Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has
fulfilled all the reouirements of Minnesota Statutes 29.0.92 and 290.97 concerning the withholding of Minnesota income tax from
wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions.
sw •• : . 9.r a.van,.orndet
Oeie
l VC..1
RESOLUTION NO. 3400
A Resolution Accepting Work On The
Vierling Drive Watermain Project,
From Limestone Drive To Approximately 2,000 Feet West
Project No. 1990-2
WHEREAS, pursuant to a written contract signed with the City
of Shakopee on August 23 , 1990, Richard Knutson, Inc. , 12585 Rhode
Island Avenue South, Savage, MN 55378 has satisfactorily completed
the Vierling Drive Watermain Project, from Limestone Drive to
approximately 2 , 000 feet west, in accordance with such contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA that the work completed under said contract
is hereby accepted and approved; and
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:
City Attorney
CDNS1T ia� d
MEMO TO: Dennis Kraft, City Administrator
FROM: Dave Hutton, Public Works Director
SUBJECT: 2nd Avenue, Between Sommerville Street
and Naumkeag Street, Project No. 1991-3
DATE: May 15, 1991
INTRODUCTION:
Attached is Resolution No. 3403 , which approves the plans and
specifications and authorizes staff to advertise for bids for the
2nd Avenue Project.
BACKGROUND:
On March 5, 1991 the City Council of Shakopee ordered the
preparation of plans and specifications for 2nd Avenue, between
Sommerville and Naumkeag Street by Resolution No. 3373 . This
project consists of complete street reconstruction including
pavement, curb & gutter, storm sewer, sanitary sewer and watermain.
The project also consists of paving all gravel streets immediately
adjacent to 2nd Avenue within these project limits.
The plans and specifications are now complete and the project is
ready for bids. Attached is Resolution No. 3403, which authorizes
the advertisement for bids by City Council. The following is the
proposed schedule on this project:
May 21 Permission to Bid
May 23 Advertise for Bids
May 30 Advertise for Bids
June 6 Advertise for Bids
June 14 Open Bids
June 18 Award Contract
July 1 through Construction Period
November 1
Staff feels that there is adequate time to complete the
construction on this project in 1991, with the exception of the
final wear course of asphalt and some landscaping and restoration
items.
A copy of the plans and specifications will be available at the
Council meeting for review and comment or they can be inspected
ahead of time in the Engineering Department.
ALTERNATIVES:
1. Adopt Resolution No. 3403 authorizing staff to advertise for
bids on this project.
2 . Deny Resolution No. 3403 .
RESOLUTION NO. 3403
A Resolution Approving Plans And Specifications
And Ordering Advertisement For Bids
2nd Avenue, Between Sommerville Street And Naumkeag Street,
And Various Abutting Cross Streets
Project 1991-3
WHEREAS, pursuant to Resolution No. 3373 adopted by City
Council on March 5, 1991, David E. Hutton, Public Works Director
has prepared plans and specifications for the improvement of 2nd
Avenue, between Sommerville Street and Naumkeag Street and various
abutting cross streets by complete street reconstruction (pavement,
curb & gutter, storm sewer, sanitary sewer, and watermain) and has
presented such plans and specifications to the Council for approval
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA:
1. Such plans and specifications, a copy of which is on file
and of record in the Office of the City Engineer, are hereby
approved.
2 . The City Clerk shall prepare and cause to be inserted in
the official paper and in the Construction Bulletin an advertise-
ment for bids upon the making of such improvements under such
approved plans and specifications. The Advertisement for Bids
shall be published for three weeks, shall specify the work to be
done, shall state that bids will be received by the City Clerk
until 10 : 00 A.M. , on June 14 , 1991, 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 June 18 , 1991, in the Council Chambers, and that no
bids will be considered unless sealed and filed with the City Clerk
and accompanied by a cash deposit, cashier' s check, bid bond or
certified check payable to the order of the City of Shakopee for
not less than five (5%) percent of the amount of the Bid.
Adopted in session of the City Council of the
City of Shakopee, Minnesota, held this day of ,
19 .
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
CONSENT
1I w
MEMO TO: Dennis Kraft, City Administrator
FROM: Dave Hutton, Public Works Director
SUBJECT: 2nd Avenue Railroad Crossings
DATE: May 16, 1991
INTRODUCTION & BACKGROUND:
On May 7, 1991 the City Council directed staff to make formal
application to the Minnesota Department of Transportation to open
up a railroad crossing at Market Street in exchange for closing the
railroad crossing at Naumkeag Street. Mn/DOT has informed staff
that a Council resolution is required to initiate these
proceedings.
Attached is Resolution No. 3404, requesting that a new crossing be
allowed at Market Street in exchange for closing the crossing at
Naumkeag Street.
ACTION REQUESTED:
Offer Resolution No. 3404, A Resolution To The Minnesota Department
of Transportation Requesting a New Railroad Crossing at Market
Street in Exchange for Closing the Railroad Crossing at Naumkeag
Street and move its adoption.
DH/pmp
RES3404
RESOLUTION NO. 3404
A Resolution To The
Minnesota Department of Transportation
Requesting A New Railroad Crossing At Market Street
In Exchange For Closing The Railroad Crossing
At Naumkeag Street
WHEREAS, the City Council of Shakopee desires to install a
railroad crossing at Market Street in order to provide continuous
traffic movement from 1st Avenue to 10th Avenue; and
WHEREAS, Market Street is on the Municipal State Aid System
and is a designated collector street in the City of Shakopee; and
WHEREAS, the City Council of Shakopee desires to close the
railroad crossing at Naumkeag Street due to safety concerns and
because Naumkeag Street only goes from 1st Avenue to 4th Avenue and
cannot be extended further; and
WHEREAS, the Chicago and Northwestern Railroad approves this
proposal .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA: That the City of Shakopee hereby requests
the Minnesota Department of Transportation to approve of the City' s
proposal to open a railroad crossing at Market Street and close a
crossing at Naumkeag Street.
Adopted in session of the City Council of the
City of Shakopee, Minnesota, held this day of
1991.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
CONSENT
12,
t4
MEMO TO: Dennis Kraft, City Administrator
FROM: Dave Hutton, Public Works Director
SUBJECT: Shumway/Scott Street & Jackson/Harrison Street
Project No. 's 1991-1 & 1991-2
DATE: May 17, 1991
INTRODUCTION:
Attached is Resolution No. 3406 accepting bids and awarding the
contract for Scott/Shumway Street, Project No. 1991-1 and
Jackson/Harrison Street, Project No. 1991-2.
BACKGROUND:
On April 16, 1991 the City Council of Shakopee ordered
advertisement for bids for the Scott/Shumway Street and Jackson
Harrison/Street Projects.
This project consists of reconstructing Jackson Street and Harrison
Street between 11th Avenue and 12th Avenue to replace the pavement
which has failed due to improper subsoils and frost heaves. This
project also consists of reconstructing Shumway Street, between 3rd
Avenue and 6th Avenue and Scott Street, between 6th Avenue and 7th
Avenue. Both projects were bid together in order to achieve the
lowest possible bid prices.
On May 17, 1991 at 10: 00 A.M. bids were received and publicly
opened for this project. A total of 5 bids were received and are
summarized in the attached resolution. The low bid was submitted
by GMH Asphalt, Inc. of Minnetonka, MN for a total bid of
$219, 955.95.
The Engineering Department has reviewed all bids for completeness
and also the qualifications of GMH Asphalt, Inc. , the low bidder,
and have determined that they are able to perform the work as
described by the plans and specifications.
The Engineer's estimate for this project was approximately
$272, 500. 00.
Staff is also requesting that the City Council authorize a
contingency amount equal to 15% of the contract for use by the City
Engineer to cover any change orders or quantity adjustments that
may occur on this project. A contingency amount of 15% of the bid
is equal to $33 , 000. 00.
Attached is Resolution No. 3406 which accepts bids on this project
and awards the contract.
/L
ALTERNATIVES:
1. Accept the low bid and adopt Resolution No. 3406, awarding the
contract to GMH Asphalt, Inc.
2 . Reject the low bid and award the bid to the second low bidder
or another bidder.
3 . Reject all bids and rebid.
RECOMMENDATION:
Staff recommends Alternative No. 1, to accept the low bid and award
the bid to GMH Asphalt, Inc. for a total amount of $219,955.95.
ACTION REQUESTED:
1. Offer Resolution No. 3406, A Resolution Accepting Bid on
Shumway Street, 3rd Avenue to 6th Avenue and Scott Street, 6th
Avenue to 7th Avenue, Project No. 1991-1 and Jackson Street
and Harrison Street, Between 11th Avenue and 12th Avenue,
Project No. 1991-2 and move its adoption.
2. Approve of a contingency in the amount of 15% for use by the
City Engineer in authorizing change orders on this project.
DH/pmp
MEM3406
p le
RESOLUTION NO. 3406
A Resolution Accepting Bid On
Shumway Street, 3rd Avenue To 6th Avenue And
Scott Street, 6th Avenue To 7th Avenue, Project No. 1991-1
Jackson Street And Harrison Street,
Between 11th Avenue And 12th Avenue, Project No. 1991-2
WHEREAS, pursuant to an advertisement for bids for the
Shumway/Scott Street and Jackson/Harrison Street Projects, bids
were received, opened and tabulated according to law, and the
following bids were received complying with the advertisement:
GMH Asphalt, Inc. $219, 955 . 95
Northwest Asphalt $241, 962 .70
Hardrives, Inc. $242 , 822 . 60
Alber Construction $243 , 540. 30
Wm. Mueller & Sons $245, 604 . 02
AND WHEREAS, it appears that GMH Asphalt, Inc. , 17018
Saddlewood Trail, Minnetonka, MN 55343 is the lowest responsible
bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA:
1. The Mayor and City Clerk are hereby authorized and
directed to enter into a contract with GMH Asphalt, Inc. , in the
name of the City of Shakopee for the improvement of Shumway/Scott
Street and Jackson/Harrison Street by street reconstruction,
according to the plans and specifications therefore approved by the
City Council and on file in the office of the City Clerk.
2 . The City Clerk is hereby authorized and directed to return
forthwith to all bidders the deposits made with their bids, except
that the deposits of the successful bidder and the next lowest
bidder shall be retained until a contract has been signed. -
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:
City Attorney
13a ..
TO: Dennis R. Kraft, City Administrator
FROM: Gregg Voxland, Finance Director
RE: Resolution No. 3407
DATE: May 21, 1991
Introduction
The U.S. Treasury has proposed regulations that would become effective for
bonds issued after September 7, 1991. The regulations affect reimbursements for
project costs paid before the bond proceed are received.
Background
The City has received information from bond counsel that the U.S. Treasury
has proposed regulations that affect reimbursement from bond proceeds for city
funds advanced for construction costs before bonds proceeds are received. The
effective date is for bonds issued after September 7, 1991. The city normally
issues bonds late in the year which allows for combining projects in less bond
issues and therefore reducing costs. This also allows for obtaining firm costs
after contracts are issued, making sure the projects are going forward and
quicker pay out of bond proceeds for arbitrage considerations.
The form resolution for ordering projects has been modified to comply with
the proposed regulations for projects not yet ordered. However, there are five
projects which are ordered but have not had construction expenditures yet. In
order to comply with the proposed regulations, the attached resolution should be
adopted.
Action Requested
Offer Resolution Number 3407, A Resolution Related to Bonding for 1991
Construction Projects and move its adoption.
/3 4...
RESOLUTION 3407
A RESOLUTION RELATED TO BONDING FOR 1991 CONSTRUCTION PROJECTS
WHEREAS, the City Council has adopted the following resolutions ordering
improvement projects;
Resolution No. 3283 - Fifth Ave. , number 89-4
Resolution No. 3215 - Bluff Ave. , number 90-7
Resolution No. 3373 - Second Ave. , number 91-3
Resolution No. 3383 - Jackson/Harrison, number 91-2
Resolution No. 3384 - Scott/Shumway, number 91-1
WHEREAS, the feasibility reports for the above projects describe the
project, detail the location of the project and the type of improvements covered
by the projects,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,
MINNESOTA, that
1. The City intends to finance these projects by tax-exempt bonds or by
taxable bonds. Any expenditures for costs ultimately to be financed
by special assessments or property taxes, made before the proceeds
of bonds are received are intended to be reimbursed from such
proceeds.
2. Any reimbursement for expenditures made on these projects before
such proceeds are received, are for the reimbursement of costs as
detailed in the feasibility reports and to be financed by bonding.
3. Temporary financing pending the issuance of the bonds will be from
the General Fund or the Capital Improvement Fund. It is anticipated
that special assessments and tax levies will be used to pay debt
service on the bonds.
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.
City y
Attorn yG///i