HomeMy WebLinkAbout10/01/1991 MEMO TO: Honorable Mayor and City Council
FROM: Dennis R. Kraft, City Administrator
RE: Non-Agenda Informational Items
DATE: September 27, 1991
1. Attached is the October calendar of Upcoming Meetings.
2 . Attached is correspondence from Anthony Notermann regarding
Notice of Intent to Claim Damages on the behalf of Patricia A.
Mularkey.
3 . Attached is the October Business Update from City Hall.
4 . Attached is a memorandum from Karen Marty regarding Mel
Lebens ' Election Concerns.
5. Attached are the September 14 , 1991 minutes of the Shakopee
Community Youth Building Committee.
6. Attached is the Police Newsletter for Council review.
7 . Attached are the unapproved minutes of the September 18, 1991,
Community Development Commission meeting.
8 . Attached are the unapproved minutes of the September 11, 1991,
Downtown Committee meeting.
9 . Attached are the unapproved minutes of the September 11, 1991,
Energy & Transportation Committee meeting.
10. Attached is a correspondence from Barry Stock, Assistant City
Administrator to Jack Brambilla regarding the availability of
B-1 sites in Shakopee.
11. Attached is an update from Karen Marty on the condemnation of
City property by MnDOT.
12 . Attached is an agenda for the upcoming Planning Commission
meeting.
13 . Attached is an agenda for the upcoming Board of Adjustment &
Appeals meeting.
October 1991 _,,, ,
UPCOMING MEETINGS
SUN MON TUE WED THU FRI SAT
1 2 3 4 5
7:00pm City 7:30pm
Council Planning
Meeting Commission
6 7 8 9 10 11 12
4:30pm 7:00 PM 7:45am 700
Public Downtown ; pm
Utilities Committee Committee Election
of the judge
7:00 pm Whole Training
Election
Judge Training
13 14 15 16 17 18 19
7:00pm City 5:00pm CDC 7:30pm
Council 7:00pm Planning
Meeting Energy and Commission
Transport- - Public
atio_n Hearing
20 21 22 23 24 25 26
7:00 PM
Committee
of the
Whole
27 28 29 30 31
7:00pm Park
& Rec.
Board
September November
S M T W T F S S M T W T F S
1 2 3 4 5 6 7 1 2
8 9 10 11 12 13 14 3 4 5 6 7 8 9
15 15 17 18 19 20 21 10 11 12 13 14 15 16
22 c 24 25 26 27 28 17 1 8 1 9 20 22 ?
1
29 30 24 25 26 27 28 29 30
ANTHONY L. NOTERMANN
ATTORNEY AT LAW SEP 1 81991
236 SOUTH LEWIS STREET
P.O.BOX 158
SHAKOPEE,MINNESOTA 55379 CITY OF SHAKOPEE
•
OFFICE
612-445-3844 RESIDENCE
612-445-5162
CERTIFIED MAIL
September 17 , 1991
Council of The City of Shakopee
Shakopee City Hall
129 First Avenue East
Shakopee, Minnesota 55379
RE: Notice of Intent to Claim
damages on the behalf of
Patricia A. Mularkey.
Honorable Council Members;
Pursuant to Minnesota Statutes Annotated Section 466 et seq and
as the Governing Body for the City of Shakopee enclosed herewith please
find served upon you the above captioned Notice of Intent to Claim
Damages on the behalf of Patricia A. Mularkey.
A courtesy copy of this has been sent to your City Attorney.
Thank You.
Very truly yo/urs;
, -7- ,
.
/
ony! L. Nbter'mann
enclosure
Certified Mail # P 614 115 164
ALN/rlt
NOTICE OF INTENT TO CLAIM DAMAGES
TO: THE COUNCIL FOR THE CITY OF SHAKOPEE
You are hereby notified that it is the intention of PATRICIA ANN
MULARKEY to claim damages against the City of Shakopee as a result of
an motor vehicle accident occurring on the 27th day of July , 1991 at
approximately 1 : 00 A.M . Said motor vehicle accident occurred
approximately . 25 miles southwesterly of the intersection of Fourth
Avenue and Shenandoah Drive within the City limits of Shakopee .
It is the intention of Patricia A. Mularkey to claim damages in
the amount of $200 , 00 . 00 as a result of severe and permanent injuries
to her body .
Dated /4 -77a-tlnU,c- y— / 5='!5:7
/
•
-Anthony L. Notermann
Attorney for Patricia A. Mularkey
P .O. Box 158
Shakopee, Minnesota 55379
612-445-3844
BUSINESS UPDATE FROM CITY HALL
vol. 5 No. 10
Dear Chamber Member: October 1 , 1 99 1
City Clerk plan to identify options that will provide
additional parking south of First Avenue
On September 17, 1991 , City Council
during the mini by-pass construction.
•
approved on-sale and Sunday liquor On September 13, 1991 the Shakopee
licenses for Dangerfield's Restaurant Inc. Scott County Economic Development
Dangerfield's Restaurant will occupy the Coalition officially became members of the
Shakopee House site which is scheduled Twin Cities Metro Development Company.
to open sometime in November. This action will provide the Scott County
AbsenteeEconomic Development Coalition with the
ballots for the upcoming city
necessary support staff to process SBA
election and school district No. 720 503/504 loans. SBA loans have helped
referendum will be available beginning thousands of small companies get started,
October 4th at both the city hall offices expand and prosper. SBA loans also
and the school district offices. provide assistance for working capital. The
Scott County Economic Development
Coalition was created to assist local
CCM m iiiii“' companies in their business expansion
CevelCan�ellt plans and also resolve problems that they
maybe experiencing. Barry Stock has been
identified as the City of Shakopee
On September 17, 1991 the Shakopee City representative to the Scott County Coalition.
Council directed the appropriate city If you have a business or know of a
officials to execute stipulation agreements business that is experiencing difficulties
with MnDOT for the property to be please contact Barry Stock at 445-3650.
acquired as a result of the mini by-pass
project. The stipulation agreement The City of Shakopee was recently featured
specifies that the City of Shakopee with several other communities in an article
agrees to accept MnDOT's offer for the that appeared in the Parade of Homes
property to be acquired. However, the Magazine. The articile identified several
stipulation agreement further specifies suburban communities that provide a
that MnDOT must condemn the property. middle ground for those who value the pace
Condemnation will perserve the rights of and peace of the country, but also relish the
Shakopee residents who feel they have a convenience and opportunity of the city. To
legal interest in the property. have Shakopee featured in the article is
quite an accomplishment considering that
According to the condemnation there were only two homes identified in our
documents, the City of Shakopee must community that appeared in the Parade of
vacate the parking lots by November 30, Homes Magazine. This is an indication thit
1991 . City staff is currently investigating professionals in the real estate developm' f
the possibility of reaching a side field recognize that Shakopee will be a
agreement with Mn DOT for the continued major player in the 1990's in terms of
use of the parking lots until such time that residential, commercial and industrit:i
they are actually needed for construction development.
purposes. The Downtown Committee and
the Community Development Commission
are currently working on developing a
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Erttiuieeriuit\Gtiblic plainih it
Works
On September 5, 1991 the Shakopee
Bids have been received and awarded for Board of Adjustment and Appeals
the Tahpah Park Sprinkler System and approved an application from Mark
Jefferson St. Watermain Project. Weinandt for a variance from the required
Construction should start on these projects lot size for Mark J. Weinandt Addition,
in the near future. located in the Rural Residential District
south of the Weinandt Acres subdivision.
Despite the rain, the 2nd Ave. The John and Mary McReynolds home,
reconstruction project is still on schedule. presently located within the Mini-Bypass
The contractor still plans on placing the right-of-way, will be moved onto the site.
first lift of asphalt yet this fall, weather
permitting. On September 5, 1991 the Shakopee
Planning Commission recommended
The Public Works Department will soon be denial of an ordinance amendment which
preparing for the upcoming winter season would have allowed retail sales as a
by updating our snow removal policy, conditional use in the Heavy Industrial
revising the plow routes, ensuring all Zone. At their meeting on September 17,
equipment is in good working condition 1991 , the Shakopee City Council passed a
and purchasing all necessary materials. motion to deny the proposed ordinance
amendment.
park % [ecreaticul The Commission also approved the
preliminary and final plat of Mulberry
Sherry Dvorak has been hired as a • Meadow 1st Addition (9 single family lots
temporary Recreation Assistant for the and 2 twin home lots) . The final plat for the
Parks and Recreation Department. Sherry Meadows 6th Addition was also apporved
has a Bachelor of Science Degree from St. (32 single family lots).
Cloud State University in the
Administration of Recreation, Parks and
Leisure Studies. Sherry recently
completed her internship at Lakeville Parks
and Recreation Department and she has
worked in various recreation programs for
Chaska and Chanhassen Parks and
Recreation Departments. Ms. Dvorak is a
native of Chaska and recently got married
to Jon Dvorak of Jordan, MN.
L4
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: Karen Marty, City Attorney
DATE: September 20, 1991
RE: Mel Lebens ' Election Concerns
Mr. Mel Lebens has contacted me twice regarding the upcoming
election. He also has contacted the League of Minnesota Cities.
Their response is attached. He is concerned that the "best" two
candidates may not be elected, since the voters are asked to vote
for three, and yet (if the voters agree to reduce the number of
councilmembers) only two might be allowed to take office.
Mr. Lebens opposes having the reduction in councilmembers
take place immediately. He suggests that, instead, we give the
two highest vote-getters four-year terms, and give the third
highest vote-getter a two-year term. At the end of the two-year
term, that seat would be eliminated. This accomplishes his goal
by allowing all elected people to take seats this year, and in
two years the voters would vote for the same number of candidates
as we have openings.
There may be some difficulties in changing our draft ballot
at this time. I have not researched the legal limits on this.
I bring this forward for your information. Mr. Lebens has
indicated that he believes the City may face an election contest
the way the ballot now stands.
If you wish me to take any action, please let me know.
Signed ,C4`44
Karen Marty, City-ttorney
KEM:bjm
[LEBENSV]
Attachment
cc: Dennis Kraft
Judith Cox
183 University Ave.East
LI -
St.Paul,MN 55101-2526
League of Minnesota Cities (612)227-5600(FAX:221-0986)
September 18, 1991
Mel Liebens
538 W. 4th Avenue
Shakopee, MN 55379
Dear Mr. Liebens:
You spoke with Mr. Hennen, an attorney in the League's
insurance trust, about a proposition on your city's ballot
this fall to reduce the council from 6 to 5 members. He gave
me the notes from your conversation and asked me to respond.
In accordance with League policy when responding to
citizen requests, I also contacted the city and I will be
sending them and their attorney a copy of this reply.
I understand from the city that there are three council
seats to be filled at this election. The ballot will request
voters to "vote for three" of the candidates and if the
proposition to reduce the council fails all three will take
office. If the proposition passes, the candidate
among the three with the lowest number of votes will not be
sworn in since that council seat will no longer exist.
This is the "schedule" the city has adopted with the
assistance of its attorney according to the statute you cite,
M. S. 412 . 02 Subd. 6 . Although the statute requires a
schedule of "elections and terms", the cannons of
construction provide that the singular includes the plural;
and the plural, the singular, so that accomplishing the
transition with one election is not necessarily contrary to
the statute. M. S. 645 . 08 , copy enclosed. Also, the schedule
results in two councilmembers being elected at each
subsequent election as required by M. S. 412 . 06 Subd. 1.
The city apparently has 6 councilmembers because it was
incorporated under a special law. Special law cities were
permitted to continue to have as many council members as
formerly after the adoption of the uniform statutory city
code (Chapter 412 of the statutes) . M. S. 412 . 023 Subd. 4 ,
copy enclosed. There is no direction in the transition
statute for reducing the number of members nor could I find
any record of another special or general law city doing so.
Thus, although M. S. 412 . 02 Subd. 6 was enacted later, it
seems to be proper to follow its procedure since the council
is reducing to five members; the statute does not say from
what number the reduction occurs. There are no
interpretations on the application of this subdivision to
date but, on the face of it, the city's plan would appear to
meet the requirements of the statute.
You had a concern that the election results may not
accurately represent the will of the voters if they believe
they are electing three people, yet only two actually qualify
under the schedule. How many seats are open may affect how a
person would vote since voting strategy can include dynamics
of how issues or candidates offset one another. This may be
true, but since the city has apparently passed and published
the required ordinance the schedule is a matter of public
record that both the voters and the candidates must take into
account in how they cast their votes, and how the candidates
campaign.
Sincerely,
Jeannette Bach
Asst. Research Director
Encl:
C 'aTfh Cox, City Clerk
%RUr`efM•ra'rty ei'tyy Att`orhey
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Shakopee Community Youth Building Committee
Minutes September 14, 1991
Members present: Joyce Bassinger, Darrell Trowbridge,
Bob Nead, Sara Call
Members absent: Anne Tuttle
Due to the large amount of rain recently, visual inspection made of
building revealed water in the basement, wet patches on the ceiling
and water running down the logs on the north wall upstairs. Joyce
will contact Judy Cox to see if the city does any repairs needed of
this nature. The basement closet is in need of cleaning. Materials
left from a user are lying on the floor and leaning up against the
waterheater. This group will be contacted. Bob will check in the
estimate to provide a barrier around the waterheater to avoid poten-
tial hazards.
Bob will contact Dan Gerold now to clean the floor.
Old business: Treasurers report: Signature cards were signed for the
checking account. The account will now be transferred. Darrell received
all receipts and funds for Derby Days from Sara and Bob. A report will
be given at the next meeting on Derby Days. It appears to have been
a success as we sold out Saturday night the last years equivalent of
treats and popcorn. We needed to purchase twice on Sunday to replenish
our stock. It was suggested that the snacks and popcorn would have
sold well after the dance if we had remained open.
New business: A note was left that the backdoor was left propped open
and found by the following user. The same problem was found in August.
We will have signs made and placed in the building to check each door
before leaving to assure they are tightly shut.
The Girl Scouts have purchased a storage cabinet, 6ft H, 3ft W, 2ft D, to
store supplies used weekly by all troops. They indicatd the baskets in
the closet were open and the smaller supplies would fall out. They have
asked permission to place this cabinet in the basement next to the copier.
this would required bolting the back to the wall to avoid any accidents
by tipping over. Discussion was held that we would like to provide
permanent storage cabinets with a trophy case for all the users. Before
building anything permanent we feel the basement water problem should
be resolved. Therefore it is approved for the Girl Scouts to place the
cabinet in the basement on a temporary basis.
The committee received a phone call in regards to double booking on the
schedule. Discussion was made that we prefer to handle any conflicts with
the scheduling and we will contact Ed Dressen. Ed has generously offered
his services for the enormous task of scheduling, and as part of our
responsibility on the committee we feel we should handle any conflicts
that might arise. A letter to this affect will be drafted and sent to the
users by our chair Joyce Bassinger. A suggestion was made to be able to
increase the usage of the building we could look into a divider in the
basement or encourage troops of same age levels to use the building at the
same time. Bob N. will check into the estimate for the divider and also
storage cabinets.
Meeting page two
In the past the users have donated cleaning time to clean the building once
a month. This task has rotated each month. The committee needs the names
and phone numbers of contact people for each of the users. We will leave
a note at the building for them to sign. A cleaning schedule is anticipated
and will be drafted by the committee and sent out to the users. We appreciate
their willingness to become involved in the maintenance of the building.
We appreciate each of the users to contact us if they have any questions
or concerns. Our names and phone numbers will be displayed at the building
for their information.
Next meeting October 12, 1991 9am to loam
Respectfully submitted:
Sara J. Call
cc: Judy Cox
City of Shakopee
SHAKOPEE COMMUNITY DEVELOPMENT COMMISSION
City Council Chambers
September 18, 1991
Chairman Albinson called the meeting to order at 5:45 p.m. with the
following members present: Charles Brandmire, Mike Beard, Jon
Albinson, Jane DuBois and Mike Pennington. Commissioners Miller
and Mars were absent. Barry Stock, Assistant City Administrator
was also present.
Brandmire/Pennington moved to approve the minutes of the July 17,
1991 meeting as kept. Motion carried unanimously.
Mr. Stock gave a brief economic development update. He noted that
Rahr Malting is considering a $10, 000, 000 expansion. The
expansion, which is planned for 1992 , will include a new malt
house. Mr. Stock also noted that the Shakopee City Council
recently approved preliminary and final plats for Mulberry Meadow
(Market St. ) for nine single family and two duplex lots and Meadows
6th Addition for 32 single family lots.
Mr. Stock stated that the City of Shakopee recently acquired
several parcels adjacent to 5th Ave. and Market St. At the
September 3 , 1991 Shakopee HRA meeting, staff was directed to
research development options in terms of zoning for the area in
question. Mr. Stock stated that he felt it was important to take
a comprehensive look at the overall land use of the property within
close proximity to the 5th Ave. and Market St. project when
evaluating potential land use impact. Mr. Stock then shared with
the Committee the amount of vacant residentially zoned land within
the Metropolitan Urban Service Area. At the present time there is
only 21 acres of R-3 zoned property.
Mr. Stock also noted that the Comprehensive Plan designates 4th
Ave. as a collector street. Staff believes that single family
housing developments to the south of 4th Ave. should be buffered
from 4th Ave. with either commercial development or housing of a
higher density. Since the majority of the property south of 4th
Ave. is presently occupied by single family housing, staff believes
that rezoning the property to R-3 would be more appropriate than
commercial zoning.
Mr. Stock stated that the draft Comprehensive Plan has designated
that the majority of the vacant land within the study area be used
for single family residential housing. However, the Comprehensive
Plan did not recognize the development restraints within the area.
Mr. Stock reminded the Committee that several developers in the
past have independently attempted to initiate development within
the study area. However, due to the irregularly shaped parcels,
bedrock and lack of through streets, development has become cost
prohibitive. Mr. Stock stated that rezoning the property to a
higher density would allow for the development of single family
Minutes of the Page - 2
Community Development Commission September 18, 1991
units up to and including four-plexes and townhouses with five or
six units would also be permitted as a conditional use permit. Mr.
Stock stated that R-3 zoning would provide a buffer between 4th
Ave. and single family residential development to the south of 4th
Ave. It would also allow higher land use intensity which may make
a residential development project more feasible.
Mr. Albinson stated that he was concerned about the small piece of
property just east of the City' s Public Works compound and west of
the Shakopee East Apartments. He noted that presently the property
is zoned B-2 . Staff is proposing to rezone this property to R-4 .
Mr. Albinson stated that he felt the property owner would object to
R-4 rezoning and would possibly sue the City for a taking of his
property. It was the consensus of the Commission that Mr. Albinson
was perhaps correct and that the property in question should not be
rezoned to R-4 .
Commissioner Brandmire stated that he felt that if the City Council
was serious about taking a look at rezoning a property that they
should take a comprehensive look as outlined by staff. An overall
rezoning of the area would appear to be justified based on the
rational presented by staff.
Brandmire/Pennington moved to recommend to the Shakopee Planning
Commission that the appropriate City officials be directed to
initiate the rezoning of the property within the study area to R-3 ,
medium density residential and a small portion of R-4 , multi-family
residential . Motion carried unanimously.
Discussion ensued on the Downtown Committee recommendation
regarding additional parking in the downtown area. Mr. Stock
stated that for the past two months, staff has been gathering
information regarding the availability of parking in the downtown
area. The Downtown Committee is recommending to the Community
Development Commission that they request City Council to authorize
the appropriate City officials to obtain an appraisal of the Gene
Brown property for acquisition and parking lot development
purposes.
Mr. Stock noted that MN/DOT representatives have stated that the
City must vacate the parking lots North of 1st Ave. by November 30,
1991. Mr. Stock stated that it may be possible for the City to
negotiate an agreement for the continued use of the lots beyond the
November 30, 1991 deadline. However, at some point in time, during
the actual mini bypass construction, there will be a shortage of
parking as a result of the mini bypass construction. Mr. Stock
stated that, at the present time, the major employers within the
City Hall block include the City of Shakopee and Amzak Cable. The
parking needs of these two businesses equate to approximately 34
additional 8 hour stalls. The question to be addressed revolves
around suitable parking for these persons when the actual mini
Minutes of the Page - 3
Community Development Commission September 18, 1991
bypass is being constructed through the existing parking lots North
of 1st Ave. Mr. Stock stated that the Downtown Committee did
evaluate several alternatives, including the acquisition of the
Gene Brown property. The Gene Brown parcel has a suggested list
price of $107 , 000. The cost estimate to improve the site for
parking purposes ranges between $25, 000 and $30, 000. If the
parking lot were developed, it would create between 40 and 46 new
parking stalls. Mr. Stock noted that Mr. Brown has stated in the
past that he would not be willing to entertain a lease agreement
with the City for temporary parking needs.
A second alternative considered as a potential parking site is
located on the City owned property behind the library. The parcel
is approximately the same size as the Brown property and
subsequently generate the same number of parking spaces. The cost
estimate for parking lot construction would be comparable to the
Gene Brown parcel.
The third alternative considered by staff and the Downtown
Committee revolved around the Wampach property. Mr. Stock stated
that the Downtown Committee eliminated this as an alternative due
to its proximity to potential users of said parking lot.
Mr. Stock stated that currently Marquette Bank owns the parking lot
adjacent to their Auto Bank facility at the corner of 3rd and
Holmes St. The lot provides parking for approximately 26 stalls.
Mr. Stock noted that he has received a correspondence from Mr. Mike
Phillips, Vice-president and cashier from Marquette Bank,
suggesting a proposed leasing arrangement. Mr. Stock stated that
the site could be leased on an annual basis for approximately
$6, 600.
Commissioner Brandmire stated that he is a little bit concerned
about the property owners who will be relocated as a result of the
mini bypass. He stated that he is also concerned about the future
development of the property North of 1st Ave. He felt that perhaps
it was time for the City to consider having a consultant or
developer look at the downtown to determine where additional
parking lots should be created as well as what redevelopment
potential there may be in the downtown area, especially on the
property located North of 1st Ave. and south of the mini bypass.
Mr. Stock stated that the Downtown Committee has met with all the
property owners who will be relocated as a result of the mini
bypass. Many of the persons to be relocated occupy residential
units. Jack Brambilla also has discussed the possibility of
renovating his building located at the corner of Lewis and 1st Ave.
for commercial purposes. Presently several of his tenants will be
forced to relocate and he is considering redeveloping the
aforementioned space for their use. Mr. Stock also stated that the
Downtown Committee is presently working on a list of work tasks
Minutes of the Page - 4
Community Development Commission September 18, 1991
that could be performed by a consultant. The Committee has, in the
past, discussed utilizing a consultant to develop a set of requests
for proposal specifications that could be used to solicit developer
interest in the downtown area.
Mr. Brandmire stated that a number of residents feel that parking
in the downtown area is inadequate and therefore do not shop in the
downtown area. Mr. Brandmire went on to state that the
identification of additional parking spaces was not going to be the
answer to resolving all the problems in the downtown area.
Commissioner Albinson stated that he felt the idea of leasing
parking spaces from Marquette Bank seemed to be the most attractive
because it gave the City of Shakopee time to perhaps hire a
consultant who can develop a set of requests for proposals
specifications to solicit developer interest in the downtown area.
It also would simply give the City Council time to decide what, if
any, action they want to consider to facilitate redevelopment in
the downtown area.
Discussion ensued on the market demand for commercial space in
Shakopee. Discussion also ensued on what the CDC can do to
facilitate developer interest in downtown Shakopee.
Mr. Albinson stated that the viability of a redevelopment project
in downtown Shakopee is still three years down the road. Mr. Stock
stated that Mr. Albinson is correct but that if Council chooses a
redevelopment approach, it will take time. Finally, to attract a
developer is not going to happen overnight, even with a
consultant' s concept plan, market analysis and financial assistance
package.
Beard/DuBois moved to recommend to City Council that they direct
the appropriate City officials to take the necessary steps to
develop the parking lot behind 1st Ave. and also negotiate a lease
arrangement with Marquette Bank for parking adjacent to their Auto
Bank facility. Motion carried with Albinson voting nay.
Commissioner Beard stated that he felt the action taken would save
the City some money and keep other properties on the tax rolls.
Chairman Albinson stated that he was not sufficiently satisfied
that the parking behind the Library was needed. He felt that
perhaps the parking needs could be accommodated through a leasing
arrangement with Marquette Bank.
Commissioner Beard stated that he has not noticed a serious parking
problem in the downtown area. However, he stated that the downtown
business owners are here on a daily basis and that if they believe
there is a problem, that he would defer to their knowledge of the
problem. Commissioner DuBois stated that she felt that if the
Minutes of the Page - 5
Community Development Commission September 18, 1991
downtown business owners could encourage their employees to park in
parking lots further away from their businesses, or perhaps on
street, that it would eliminate much of the alleged parking problem
in the downtown area.
Commissioner DuBois questioned whether or not it would be possible
to put crushed rock down as a surface for the parking lot behind
the Library to save some dollars. Mr. Albinson stated that he
thought this would be in conflict with the City Ordinance. Mr.
Stock stated that he believed Mr. Albinson was correct.
Brandmire/Beard moved to table the review of the 1991 CDC One and
Five Year Work Plans. Motion carried unanimously.
Beard/DuBois moved to adjourn the meeting at 7 : 00 p.m. Motion
carried unanimously.
Barry A. Stock, Recording Secretary
IPg
DOWNTOWN AD HOC COMMITTEE
City Council Chambers
September 11, 1991
Chairperson Keen called the meeting to order at 7: 50 a.m. with
Commissioners D. Wermerskirchen, Keen and B. Wermerskirchen.
Commissioners Fonder, VanHorn, Phillips and Kahleck were absent.
Barry Stock, Assistant City Administrator was also present. Mr.
Stock noted that since a quorum of the Committee was not present,
that this would be an unofficial meeting.
Mr. Stock stated that while a quorum of the Committee is not
present, he felt it was important for those present to discuss the
issue of parking in the downtown area. Mr. Stock reported that for
the past several months staff has been evaluating the existing
parking in the downtown area. The evaluation has included traffic
counts and a longitudinal time analysis that was completed on
several occasions. This analysis included actual visual inspection
of the lots at certain time period throughout the day to determine
the parking demand within the downtown area.
Mr. Stock also noted that the City of Shakopee has received notice
from MN/DOT regarding the condemnation of the parking lots located
north of 1st Ave. Mr. Stock stated that the Shakopee City Council
will be addressing the issue of condemnation in an executive
session on September 17 , 1991. Mr. Stock did note that MN/DOT
officials have stated that if the City does not accept their offer,
that the City must vacate the parking lots by November 30, 1991.
If the City accepts MN/DOT' s condemnation award, it may be possible
to negotiate a lease for the continued use of parking lots. MN/DOT
officials have stated that they cannot guarantee continued use of
the parking lots beyond February 28, 1992 . Beyond that date,
MN/DOT officials have stated that the City could negotiate with the
contractor who will be awarded the project for the continued use of
the parking lots. MN/DOT officials have also stated that if a
continued use agreement can be negotiated that the lease cost of
the property would be 8% of the certified market value. They have
also stated that it would be possible for the City to lease a
portion of the lot, rather than the entire lot.
Mr. Stock stated that the possibility exists that the parking lots
may have to be vacated on November 30, 1991. Irregardless of
Council ' s action, there will be an approximate two year period
where the parking lots north of 1st Ave. will not be available for
use. Therefore, it becomes important for the City to evaluate what
the impact of the additional cars that are being parked in those
lots will be when they have to move to the south side of 1st Ave.
Mr. Stock noted that at the present time there are approximately 34
cars utilizing the parking lot located north of 1st Ave. on a daily
basis. When the City moves into their new facility, the majority
of these vehicles will follow. Based on the parking analysis
conducted by staff, it appears that there is not a parking shortage
Minutes of the Page - 2
Downtown Ad Hoc Committee September 11, 1991
in the downtown area at this time. However, staff ' s analysis did
not take into consideration the fact that 34 additional cars would
need to be relocated to the existing parking lots. Based on the
availability of parking south of 1st Ave. , staff does not believe
that the additional 34 cars could be accommodated within the
existing parking lots. Therefore, staff has looked at alternatives
to accommodate the additional parking demand.
These alternatives include acquiring property, developing existing
property owned by the City and/or leasing space. Mr. Stock
reviewed the sites that he felt were worthy of parking development.
The sites included the City property owned behind the Library, the
Gene Brown lot and the Wampach property. Mr. Stock shared with the
Committee that Mr. Gene Brown has his property listed for
approximately $107 , 000. The cost to improve the site for parking
purposes ranges between $25, 000 and $30, 000. A parking lot
developed on that site would create between 40 and 46 new parking
stalls. Mr. Stock stated that the parcel owned by the City, behind
the Library, is approximately the same size as Mr. Brown' s
property. Therefore, the cost to the City for developing the
Library site would again be between $25, 000 and $30, 000 .
Mr. Stock stated that he has not obtained a firm cost estimate from
Mr. Wampach for his property. However, there is adequate space
available to develop a parking lot in similar size and scope to the
type that could be developed on either the Library or Gene Brown
site.
In terms of leasing property, Mr. Stock stated that Mr. Brown has
responded negatively to a possible leasing agreement. Mr. Stock
stated that he did contact Marquette Bank officials, who presently
have a parking lot adjacent to their Auto Bank facility. They have
stated an interest in leasing their lot to the City on an annual
basis.
Mr. B. Wermerskirchen stated that he thought that Marquette Bank
intended to expand their Auto Bank facility. Mr. Stock stated that
he had heard at one time that they were intending to expand their
lobby at the Auto Bank facility. However, he cannot say for
certain whether or not this was still in their plans. Mr. B.
Wermerskirchen stated that he did not believe that staff' s analysis
of parking within the downtown area was accurate. He stated that
based on his observations, that there appears to be a shortage of
parking in the downtown area.
Mr. D. Wermerskirchen stated that the Gene Brown lot did provide
the City with a future land use in terms of the possible
development of that half of the block. Mr. Stock stated that some
day it might be in the interest of the City to acquire the McGovern
property. Mr. Stock stated that a future land use development
concept for that half of the block could be developed in a fashion
Minutes of the Page - 3
Downtown Ad Hoc Committee September 11, 1991
similar to the Marquette Bank block, where parking is situated
within the interior of the block and retail is adjacent to the
north/south streets. Mr. Wermerskirchen questioned how much money
the City would receive for the parking lots located north of 1st
Ave. Mr. Stock stated that the City of Shakopee will receive
approximately $260, 000 and the Shakopee HRA will receive $55, 400
for the former Opera House site if the parties agree to accept
MN/DOT' s offer. Mr. Wermerskirchen stated that he felt that a
portion of the funds generated from the sale of the parking lots
should be directed into new parking lot development within the
downtown area. It was the consensus of the members in attendance
that any funds generated from the sale of parking lots north of 1st
Ave. should be redirected into new and/or improved lots located
somewhere in the downtown area or other downtown redevelopment
options.
Mr. D. Wermerskirchen stated that he felt that it would probably be
in the best interest of the City to both lease property from
Marquette Bank and buy the Gene Brown lot due to the future
redevelopment opportunities available near Mr. Brown' s property.
It was the consensus of the members in attendance that a
recommendation be made to the Community Development Commission that
the City Council consider ordering an appraisal of the Gene Brown
property and negotiating a lease agreement with Marquette Bank for
additional parking near their Auto Bank facility.
Discussion ensued on the Chamber Retail Survey. Mr. D.
Wermerskirchen stated that the results have been tabulated. He
stated that he did not feel that the survey revealed any new
information that was earth shattering. He hoped that future
surveys would be more useful in terms of the information generated.
Mr. Stock stated that Commissioner Kahleck requested that the work
tasks identified by the Downtown Committee several months ago, in
regard to a possible update of the Downtown Development Plan, be
placed on the agenda for discussion. Since Ms. Kahleck was not at
the meeting, Mr. Stock suggested that it be placed on the next
agenda for discussion.
Mr. D. Wermerskirchen stated that the Downtown Business Coalition
concept that was discussed at the last meeting is proceeding. He
stated that an organizational meeting has been scheduled for
September 18 , 1991 at 12 : 00 noon in the Marquette Bank meeting
room. He stated that a number of businesses have expressed
interest in participating in the coalition. He stated that he
would be happy to report on the meeting highlights at our next
meeting.
The meeting adjourned at 9: 05 a.m.
Barry A. Stock, Recording Secretary
112
Minutes of the
ENERGY AND TRANSPORTATION COMMITTEE
Regular Session
September 18, 1991
Chairman Drees called the meeting to order at 7: 00 p.m. with
Commissioners Otto, Kelly, Roman, Stolarcek, Ward, Reinke and Drees
present. Commissioners Case and Mars were absent. Barry Stock,
Assistant City Administrator was also present.
Roman/Otto moved to approve the minutes of the August 21, 1991
meeting as kept. Motion carried unanimously.
Mr. Stock stated that the Dial-A-Ride contract with National School
Bus expires on April 15, 1992 . He stated that the current contract
provides for a three year extension. Mr. Stock shared with the
Committee a letter that he has received from Mr. Joe Morley,
General Manager for National School Bus with a proposed hourly rate
for continued service. Mr. Stock stated that the City of Shakopee
currently pays $19. 15 per hour per vehicle. Mr. Morley is
proposing that the rate be increased to $22 . 71 per hour per vehicle
(an 18 . 5% increase) .
Mr. Stock shared with the Committee the impact of accepting Mr.
Morley's initial offer. He stated that, based on current ridership
data, going to the hourly rate would have a serious adverse impact
on our fairbox recovery ratio. Providing service under the
proposed rate without increasing Dial-A-Ride fares would place our
fairbox recovery ratio well below the Regional Transit Board
standard level of 15%.
Mr. Stock then stated that Southwest Metro is considering acquiring
their own Dial-A-Ride vehicles. If they are successful in their
endeavor, it could significantly reduce the cost for Dial-A-Ride
service. Mr. Stock noted that he was contacted by the Southwest
Metro Transit Commission administrator to determine if the City of
Shakopee would be interested in subcontracting Dial-A-Ride service
from Southwest Metro. Mr. Stock stated that he responded in the
affirmative to this question providing that it would be cost
effective and in the best interest of the City. With this in mind,
it may be appropriate for the Energy and Transportation Committee
to consider negotiating a one year contract extension with a two
year option period. This would provide the City of Shakopee with
the option to evaluate whether or not it would be cost effective to
subcontract with Southwest Metro for Dial-A-Ride service at a later
date. Mr. Stock also noted that Southwest Metro was considering
contracting for management service for their Dial-A-Ride program.
The management portion of the contract would provide Southwest
Metro with dispatching services and administration, including
drivers selection and payroll processing.
Minutes of the Page - 2
Energy and Transportation Committee September 18, 1991
Discussion ensued on the Dial-A-Ride performance. Mr. Reinke
stated that he has had several complaints on Dial-A-Ride service.
He stated that this may be a factor which has contributed to lower
summer ridership levels. Commission Stolarcek stated that she has
generally been pleased with the Dial-A-Ride service. Mr. Reinke
stated that he believed that the major problem with the provision
of Dial-A-Ride service in Shakopee at this time laid in the area of
dispatching. He stated that if it had not been for the quality of
the drivers that have been working in the Shakopee Dial-A-Ride
system for a number of years, that he believed that the ridership
would be significantly lower than what we are experiencing. Mr.
Stock concurred with Mr. Reinke. Mr. Stock stated that he felt
that dispatching was an area that National School Bus needs to
improve.
Mr. Reinke questioned whether or not staff knew what Roseville and
Anoka County were paying to the MTC for their Dial-A-Ride service.
Mr. Stock stated that he did not believe that the MTC had contracts
for the services mentioned by Mr. Reinke. He believed both systems
were provided with service by National School Bus. Mr. Stock
stated that he was sure that the price per hour was over what has
been proposed by Mr. Morley for the Shakopee service. (Footnote:
Following the meeting, staff confirmed the fact that National
School Bus is the contractor in Anoka County and Roseville. The
cost per hour per vehicle in Anoka County is approximately $24 . 00.
The cost per hour per vehicle in Roseville is $26. 00. )
Commissioner Ward questioned how many contracts were being handled
by National School Bus dispatchers. Mr. Stock stated that
presently the dispatcher designated to the Shakopee Dial-A-Ride
program also receive calls from Southwest Metro and Plymouth Metro
Link service areas. Mr. Stock noted that there are three
dispatchers taking calls from these three transit service areas at
this time. Mr. Stock went on to state that there are approximately
ten Dial-A-Ride vehicles servicing the aforementioned service
areas. Mr. Stock also stated that if Southwest Metro is successful
in acquiring their own vehicles, that when the management portion
of the contract is negotiated, that we will have more control in
determining the geographic location of the dispatching headquarters
and also the number of dispatchers needed to adequately handle our
service area. Mr. Stock noted that this is possible now but that
the cost to have the type of service that we desire is prohibitive
at this time, given the fact that we also have to lease vehicles
under the contract.
Mr. Stock stated that he is proposing that the City of Shakopee
counter with a variable rate schedule based on the number of
passenger trips provided by National School Bus. Mr. Stock stated
that the current average number of passenger trips per hour in our
program equates to approximately 3 . 35. Mr. Stock then shared with
the Committee the Incentive Variable Rate Program that he has
Minutes of the Page - 3
Energy and Transportation Committee September 18, 1991
developed. The rate program has been generally set up to maintain
a fairbox recovery ratio of approximately 15%. Mr. Stock stated
that the fairbox recovery ratio is important because it is a
Regional Transit Board guideline. If we fall below the fairbox
recovery ratio for an extended period of time, the Regional Transit
Board may impose mandated changes to our program in order to bring
up the fairbox recovery ratio.
Stolarcek/Roman moved to support the development of an incentive
variable rate program with National School Bus on a twelve month
basis. Motion carried unanimously.
Otto/Stolarcek moved to request staff to continue to investigate
the possible subcontract arrangement with Southwest Metro Transit
Commission and/or Minnesota Valley Transit Commission if they in
fact acquire Dial-A-Ride vehicles. Motion carried unanimously.
Mr. Stock shared with the Committee the recycling and transit
monthly reports. Mr. Stock also shared with the Committee the new
transit brochure that has been designed. Their brochure includes
answers to the ten most asked transit questions.
Mr. Stock stated that he has received a call from the Workplace,
inquiring whether or not the City of Shakopee would be interested
in acquiring materials for recycling carts. The Workplace would be
interested in assembling the carts for a small fee. Mr. Stock
stated that there are presently dollars available from Scott County
that could be utilized to acquire recycling carts. The recycling
carts have been designed so that the recycling container that
Shakopee residents have can be placed on the cart and easily taken
to and from the curb. The cost for the materials for the recycling
cart are $16. 50 per cart. The assembly cost is $2 . 77 per cart.
Mr. Stock stated that he has seen the recycling carts and, in his
opinion, they are not very effective. He went on to state that the
number of people that would probably have a need for a cart are
very few. He stated that since Shakopee has alley collection of
recyclables, the majority of Shakopee residents simply keep their
recycling container in the alley and dispose of their recyclable
materials when they take out their regular refuse. It has been
said by some that the recycling carts are beneficial to senior
citizens. Mr. Stock stated that, in his opinion, the senior
citizens generally have very little refuse to dispose of, let alone
recyclable materials. He stated that the amount of recyclables
that a senior household generates in a month can be carried out in
one grocery bag.
Commissioner Stolarcek concurred with Mr. Stock. She stated that
while there may be money available at the County for this type of
program, she did not believe that it would be a cost effective use
of the dollars. She questioned what would happen to the money if
it is not used by the City in 1991. Mr. Stock stated that he
Minutes of the Page - 4
Energy and Transportation Committee September 18, 1991
believed that the County grant dollars would be carried over into
1992 . Ms. Stolarcek stated that she felt that it would be more
beneficial to have the dollars carried over into 1992 to fund
programs that have been determined to be effective for the City of
Shakopee, such as the Spring Cleanup Day. It was the consensus of
the Committee that the recycling cart idea should not be pursued at
this time.
Reinke/Roman moved to adjourn the meeting at 8 : 30 p.m. Motion
carried unanimously.
Barry A. Stock, Recording Secretary
10 Arl'o----;',„:
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CITY OF SHAKOPEE 410-\-,
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129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612)445-3650 f / `;il
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September 26, 1991
Mr. Jack Brambilla
P.O. Box 37
Shakopee, MN 55379
Dear Mr. Brambilla:
Please be advised that the City of Shakopee has been informed
by the Minnesota Department of Transportation that the vacation
date for your property located at 114 North Holmes Street, has been
postponed to March 20, 1992 . I hope that this provides you with
more time to find a suitable location for your motorhome leasing
operation and auto sales lot in Shakopee.
In that vein, I have identified several parcels within the
Shakopee City Limits that maybe of interest to you in terms of
further evaluation as a possible relocation site. I understand
that your development plans include minimum acreage of 7 acres,
City water and sewer and highway frontage. All the sites that I
have identified meet your location criteria with the exception of
minimum acreage in two of the four cases identified.
Following is a brief synopsis of each of the parcels
identified: -
Parcel #1. 5. 17 acre parcel between Raceway Park and Case
Power. Zoning - B-1 (highway business) Listing
Price: $1. 22 per square foot. Site presently has
access to City water and sewer and is accessible by
a service road off of Highway 101.
Phone: 943-7000.
Parcel #2 . Prairie House Addition, 30+ acres. Zoning - B-1.
The site is presently served with City water and
sewer and is accessible off of Highway 101 with a
service road. Price: $2 . 50 per square foot.
Property is presently platted and the owner is
willing to subdivide the property. The property is
not in the flood plain district. Phone: 591-1998.
The Heart Of Progress Valley
AN EQUAL OPPORTUNITY EMPLOYER
Parcel #3 . Routson Motors Property - 1206 East 1st Avenue -
approximately 3 . 2 acres. The site presently abuts
Highway 101. I have not been able to determine if
the property is presently for sale. According to
our records, the property is owned by Dan and Terri
Routson.
Parcel #4 . Cretex Site - Just West of MN Body and Equipment.
7 . 49 acres. Zoning - B-1. Site presently has
access to water and sewer and is accessible off of
Highway 101. The property is owned by Cretex
Company, Inc. out of Elk River. I have not been
able to determine if the property is for sale at
this time.
I will continue to research the listing status of Parcel #3
and Parcel #4 and advise you accordingly. I have intentionally
avoided property along the Southerly Bypass that is presently zoned
B-1 due to the uncertain completion date of said roadway.
If I can be of any assistance to you in identifying a suitable
site for your business, please do not hesitate to call.
Sincerely,
Kg!Bar y A. Stock
Assistant City Administrator
Enclosure
BAS/tiv
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: Karen Marty, City Attorney
DATE: September 26, 1991
RE: Condemnation of Property for the Mini-Bypass
This morning I attended the condemnation hearing regarding
the State ' s taking of property for the Mini-Bypass. The
condemnation hearing proceeded smoothly, and commissioners will
be meeting in October to value the property.
One surprise occurred, however: The State has changed the
taking and vacation dates. Instead of the State taking title on
October 31, 1991, it will take title on March 20, 1992 . The date
when property must be vacated also was changed, from November 30,
1991, to April 20, 1992 . Many property owners and/or their
attorneys, including Jack Brambilla, were present and heard these
dates. The State indicated that several property owners were
having trouble vacating by the November date, and they had made
this change to help the property owners.
Signed ? //LA ..,41/ )
Karen Marty, City A -orney
KEM:bjm
[26MEMO]
TENTATIVE AGENDA 49,
PLANNING COMMISSION
Regular Session Shakopee, MN October 3 , 1991
Chairperson Melanie Kahleck Presiding
1. Roll Call at 7: 30 P.M.
2 . Approval of Agenda
3 . Approval of the September 5, 1991, Meeting Minutes
4 . Recognition by Planning Commission of Interested Citizens.
5. 7 : 30 P.M. PUBLIC HEARING: To consider the application for a
conditional use permit for mineral extraction and land
rehabilitation on a parcel located on Valley View Rd.
Applicant: Raymond Ames
Action: Conditional Use Permit No. 624
6. 7 : 40 P.M. PUBLIC HEARING: To consider an application to amend
the conditional use permit for mining which would allow the
applicants to expand excavations to the west side of their
property at 6896 Hwy. 101.
Applicant: Shiely Company
Action: Amend Conditional Use Permit No. 375
7 . 7 : 50 P.M. PUBLIC HEARING: To consider an application for the
rezoning of a parcel on County-Rd. 83 (Formerly the Velodrome)
from Racetrack (RTD) to Light Industrial (I-1) .
Applicants: Larry and Don Link
8 . 8 : 00 P.M. PUBLIC HEARING: To consider an application for a
conditional use permit to allow an over-height building to be
erected at 800 W. 1st Ave.
Applicant: Rahr Malting
Action: Conditional Use Permit No. 620
9 . 8 : 10 P.M. PUBLIC HEARING: To consider an application for a
renewal of a conditional use permit which would allow the
applicant to continued use of a mobile home on his family farm
at 2499 Canterbury Rd.
Applicant: Sylvester Gerold
Action: Conditional Use Permit No. 273
10. VACATION OF CARTWAYS : Make recommendation to City Council on
vacation of three cartways.
11. 8 : 30 P.M. PUBLIC HEARING: To consider an amendment to the
Shakopee City Code, Section 11.29, Subd. 2 to clarify the
terminology in the permitted uses list in Subd. 2 .A.
12 . DISCUSSION: Rezoning - 5th Avenue and Market
13 . Other Business
a. NBZ - Status Update
b. Florence Greening - Alley in Block 42 Study
c. Preliminary Draft - SW Trail Plan
d.
14 . Adjourn
Lindberg S . Ekola
City Planner
NOTE TO PLANNING MEMBERS:
1. If you have any questions or need additional information on
any of the above items, please call Terrie or Aggie on the
Monday or Tuesday prior to the meeting at 445-3650.
2 . If you are unable to attend the meeting, please call the
Planning Department prior to the meeting.
l3
TENTATIVE AGENDA
BOARD OF ADJUSTMENTS AND APPEALS
Regular Session Shakopee, MN October 3 , 1991
Chairperson Terry Joos Presiding
1. Roll Call at 7 : 30 P.M.
2 . Approval of Agenda
3 . Approval of September 5, 1991, Meeting Minutes
4 . Recognition by Board of Adjustments and Appeals of Interested
Citizens.
5. Other Business
a.
b.
c.
6. Adjourn
Lindberg S. Ekola
City Planner
NOTE TO THE B.O.A.A. MEMBERS:
1. If you have any questions or need additional information on
any of the above items, please call Terrie or Aggie on the
Monday or Tuesday prior to the meeting.
2 . If you are unable to attend the meeting, please call the
Planning Department prior to the meeting.
TENTATIVE AGENDA
REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 1, 1991
Mayor Gary Laurent presiding
1] Roll Call at 7 : 00 P.M.
2] Approval of Agenda
3] Recess for H.R.A. Meeting
4] Re-convene
5] Liaison Reports from Councilmembers
6] Mayor' s Report
7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS
8] Approval of Consent Business - (All items listed with an
asterisk are considered to be routine by the City Council
and will be enacted by one motion. There will be no
separate discussion of these items unless a Councilmember
so requests, in which event the item will be removed from
the consent agenda and considered in its normal sequence
on the agenda. )
*9] Approval of the Minutes of September 3 , 1991
10] Communications:
11] Public Hearings:
a] 7 : 00 p.m. - Appeal from Board of Adjustment and Appeal ' s
decision on variance requests by Nancy Lee and
Patrick Blood
b] 7 : 30 p.m. - Proposed assessments for the Bluff Avenue
roadway improvements between Naumkeag and
Marschall, Project 1990-7 - Res. No. 3475
c] 7 : 45 p.m. - Proposed assessments for the Shumway and Scott
Street roadway improvements, Project 1991-1,
Res. No. 3474
12] Boards and Commissions:
Planning Commission:
*a] Eagle Creek Junction 3rd Addition - Request for appraisal
in order to establish park dedication fee
CDC/Downtown Committee:
b] Downtown Parking Analysis
TENTATIVE AGENDA
October 1, 1991
Page -2-
13 ] Reports from Staff:
*a] Application for Wine and 3 . 2 Beer Licenses - Shakopizza,
Inc. , dba/Broadway Station, 483 So. Marschall Road
b] Eagle Creek Junction 3rd Addition - Public Works
Construction
*c] Approval of Bills in Amount of $169, 801. 43
d] 5th Avenue Improvements, Prject No. 1989-4
e] Awarding Bid on JEJ Parking Lot, Basketball Court and
Bike Trail
14] Resolutions and Ordinances:
*a] Res. No. 3473 - Awarding Bid on 1991 Sidewalk Replacement
Project No. 1991-7
*b] Res. No. 3472 - Appointing Judges of Election
*c] Res. No. 3476 - Certifying Delinquent Storm Drainage
Bills
*d] Res. No. 3477 - Certifying Snow Removal Costs
*e] Res. No. 3478 - Certifying Weed Cutting Costs
15] Other Business:
a]
b]
c]
16] Adjourn to Tuesday, October 15, 1991, at 7 : 00 p.m.
Dennis R. Kraft
City Administrator
REMINDER: October 8 , 1991 - Committee of the Whole
October 22 , 1991 - Committee of the Whole
TENTATIVE AGENDA
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF SHAKOPEE, MINNESOTA
Regular Meeting October 1, 1991
1 . Roll Call at 7 : 00 P.M.
2 . Approval of the September 3 , 1991 Meeting Minutes
3 . 5th Avenue/Market St. Zoning Analysis
4 . Other Business
a)
b)
5 . Adjourn
Dennis R. Kraft
Executive Director
OFFICIAL PROCEEDINGS OF SHAKOPEE HOUSING AND REDEVELOPMENT
REGULAR SESSION SHAKOPEE, MN SEPTEMBER 3 , 1991
Chairman Zak called the meeting to order at 7: 15 p.m. with Comm.
Vierling, Clay, Sweeney and Wampach present. Also present were
Dennis Kraft; City Administrator; Barry Stock, Asst. City
Administrator; Dave Hutton, City Engineer; Karen Marty, City
Attorney; and Judith Cox, City Clerk.
Vierling/Clay moved to approve the minutes of August 6 and August
20, 1991. Motion carried unanimously.
Sweeney/Vierling offered Resolution No. 91-3 Amending the 1991 HRA
budget, and moved for its adoption. Motion carried unanimously.
Chairman Zak said an analysis of the 5th Avenue/Market Street Land
Use (Zoning) Issues will be presented at the next HRA meeting.
Clay/Vierling moved to adjourn. Motion carried unanimously.
Meeting adjourned at 7: 17 p.m.
Dennis Kraft,
Executive Director
Carol L. Schultz
Recording Secretary
3.
MEMO TO: Shakopee Housing and Redevelopment Authority
FROM: Barry Stock, Assistant City Administrator
RE: Market Street / 5th Avenue Zoning Analysis
DATE: September 24 , 1991
INTRODUCTION:
The purpose of this memo is to provide information regarding the
potential for rezoning property along the abandoned railroad line
from R-2 , urban residential, to a higher density. The City
currently owns several parcels in the 5th and Market Street area.
Promoting the development on these and other properties in the area
has been a challenge for both the City and developers.
At their September 3 , 1991, meeting, the Shakopee Housing and
Redevelopment Authority (H.R.A. ) directed staff to research
development options in terms of zoning for the area in question.
BACKGROUND:
The City recently acquired property adjacent to the 5th and Market
Street Project. The Shakopee Housing and Redevelopment Authority
also owns property just east of Market Street. When land use
alternatives are analyzed, it is important to take a comprehensive
look at the overall land use of property within close proximity to
the 5th Avenue and Market Street project.
The property area evaluated in this analysis is shown on Exhibit A.
The property owned by the H.R.A. has been shaded. The abundance of
sidewalks in the area, and its close proximity to two business
districts, makes the area very attractive for residential
development.
The following chart provides the number of acres of vacant,
residentially zoned land within the MUSA:
R-2 R-3 R-4
264 Acres 21 Acres 120. 5 Acres
This illustrates the abundance of vacant land which is currently
zoned for single family (R-2) and multi-family residential (R-4)
development. It also provides evidence of the scarcity of vacant
land zoned for medium density (R-3) development.
LAND OWNERSHIP PATTERN:
The majority of the property within the area in question was
platted in a grid pattern. However, the existance of the Chicago
Northwestern Railroad in the area caused a diagonal land division
through the subject property. When the railroad was abandoned,
the City declined to purchase the Right-of-Way, and, in most cases,
it was acquired by the adjacent property owners. As a result, the
subject site contains few through roadways, and a number of
triangular shaped parcels.
The Marschall Road business corridor is located to the east of the
study area. This area is zoned Community Business (B-2) and Multi-
Family Residential (R-4) . The draft Comprehensive Plan designates
4th Avenue as a Collector Street. This being the case, staff
believes that single family housing developments to the south of
4th Avenue should be buffered from 4th Avenue with either
commercial development or housing of a higher density. This is a
normal and customary planning practice. Since the area to the
south of 4th Avenue is currently occupied primarily by single
family residential homes, staff believes zoning of a higher
residential density would be more appropriate than commercial
zoning.
The study area is located to the east of Shakopee ' s Central
Business District and the proposed Institutional Office Housing
Zoning District. East of the study area is the Marschall Road
Business Corridor. The completion of the Hwy 169 mini-bypass will
cause the Central Business District (B-3) to shift two blocks to
the east, toward the study area. This shift will occur as a result
of a change in the street patterns. (Spencer Street has been
identified as a new north/south collector. ) The Institutional
Office Housing District (IOH) , proposed in the draft Comprehensive
Plan, will be located to the south of the downtown. The
identification of Spencer Street as a collector will also shift the
IOH District two blocks east. The eastern edge of this district
will then be adjacent to City owned property within the study area.
This district is intended to include a compact arrangement of
public buildings, such as the Scott County administrative offices
and courts, County Library, and the Shakopee Public Schools
Administration, as well as residential homes and private offices.
With these factors in mind, Staff has prepared a map. (See Exhibit
B. ) Property owned by the City has been shaded. This map
illustrates a possible rezoning alternative that would serve to
enhance the development potential of the area in question and
address present and future land use issues given the transportation
plan and development constraints that exist within the subject
area.
DISCUSSION:
The draft Comprehensive Plan has designated that the majority of
the vacant land within the study area be used for single family
residential housing. However, the Comprehensive Plan did not
recognize the development constraints. Several developers have
independently attempted to initiate development in the study area
in the past, but the area' s triangular shaped parcels, bedrock, and
lack of through streets, have adversely prevented development from
occuring.
The study area is currently zoned R-2 , urban residential . The
purpose of R-2 zoning is "to allow the continuation of existing
residential development, and infilling of existing lots in the
older residential areas of the City where central sewer and water
systems are available. " Urban residential zoned areas of the City
permit both single family detached residences and two family
residences.
Rezoning can be initiated by either the land owner, the City
Council, or the Planning Commission. There are two options
available to the City in the rezoning of these residential
properties in the study area to a higher density. The area could
be rezoned to either R-3 (medium density residential) or R-4
(multi-family residential) .
R-3 , MEDIUM DENSITY RESIDENTIAL:
The purpose of medium density residential zoned property is "to
provide a district which will allow mid-density residential
dwellings, and also function as a transitional area between single
family residential areas and other land uses of commercial,
industrial, or multi-family. " The R-3 district permits residences
with between one and four units. Multi-family dwellings and
townhouses with five or six units are permitted with a conditional
use permit.
R-4 , MULTI-FAMILY RESIDENTIAL:
The purpose of multi-family residential zoned property is "to
provide a district which will allow multiple-family dwellings where
property related to other land uses, and adequate transportation
services exist. " The R-4 district permits one and two family
residences, townhouses, and multiple dwelling unit structures under
thirty (30) feet in height. Multiple dwelling units over thirty
feet in height are permitted with a conditional use permit.
On September 18 , 1991, the Community Development Commission
reviewed the land use proposal outlined herein and moved to
recommend to the Planning Commission that they consider initiating
a rezoning of the property within the study area, as proposed by
staff.
ALTERNATIVES:
1. Leave the Study Area Zoned R-2 (Urban Residential) . (Do
nothing. )
2 . Move to direct the appropriate H.R.A. Officials to submit a
letter to the Planning Commission requesting that they
consider initiating a rezoning of the study area to R-3
(Medium Density Residential) , with a small portion to be
rezoned to R-4 (Multi-Family Residential) .
3 . Move to direct the appropriate H.R.A. Officials to submit a
letter to the Planning Commission requesting that they
consider initiating a rezoning of the entire study area to R-4
(Multi-Family Residential) .
4 . Direct Staff to conduct further study on the area under
consideration for rezoning.
STAFF RECOMMENDATION:
Staff recommends Alternative No. 2 .
ACTION REQUESTED:
Move to direct the appropriate H.R.A. Officials to submit a letter
to the Planning Commission requesting that they consider initiating
a rezoning of the study area to R-3 (Medium Density Residential) ,
with a small portion to be rezoned to R-4 (Multi-Family
Residential) .
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OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL
REGULAR SESSION SHAKOPEE, MN
SEPTEMBER 3, 1991
Mayor Laurent called the meeting to order at 7:00 p.m. with
Vierling, Zak, Clay, Sweeney and Wampach
were Dennis Kraft, Cncl.
City Administrator; present. Also presenty
Administrator; Dave Hutton, Barry Stock, Asst. Cit
Attorney; and Judith S. City Engineer; Karen Marty, Y
Cox, City Clerk. City
The following item was added to the agenda:
2.5 - Bob Ostlund, Shakopee School District
Sweeney/Vierling moved to approve the agenda as amended. Motion
carried unanimously.
Bob Ostlund, Shakopee School District was present to address the
council on a strategic planning process the school is working on.
He stated that a team consisting of 25 individuals has come up with
goals on what they want the schools to be like in the Shakopee
area, focusing mainly on "what" not "how".
ks
to the council and asked the council members �if they
woue broht ld lookheets
at
the different areas involved and give some feedback b
and creating a vision for schools into the 21st century.
Mayor
Mayor Laurent called a recess for the Housing and Redevelopment
Authority meeting at 7: 15 p.m.
Mayor Laurent reconvened the City Council at 7:18 p.m.
Liaison reports were given by Councilmembers.
Mayor Laurent read the Mayor's report.
Mayor Laurent asked if there was anyone from the audience who
wished to address anything not on the agenda.
Lavina Schmitt, 503 E. 5th, and Renee Layman, 815 E. 5th, addressed
the Council on the use of the life traps within the City limits of
Shakopee. They said they have seen a few live traps set on lawns
to trap squirrels and rabbits. They had a concern that these
animals were being used for food. They asked the Council if there
was anything that could be done as far as setting an ordinance
restricting live trapping unless a special permit was obtained.
Discussion ensued on the jurisdiction being with the DNR and not
the City. The City Attorney said she believes that the State has
regulatory control in this area. The Council advised Ms. Schmitt
and Ms. Layman to contact the Society for the Prevention of Cruelty
to Animals (SPCA) and to keep contacting the DNR until they could
get some help in this matter.
September 3, 1991
City s of the Page -2-
Shakopee City
Official Proceedings
The following item was added to the consent business:
12g - Shakopee bypass - informational.
Vierling moved to approve the consent business as amended.
Sweene y/
Motion carried unanimously.
openedMayor the public hearing to consider the making of
improvementsLaurentbyreplacing sidewalks within the area South of 4th
ue, West voted to Hutton Avenue, West of Lewis Street and a°Councillpreviously• Dave Hut on
have
reviewed the issue saying that th
50% of the cost assessed to property owners with the remaining 50%
paid by
the City. The improvements recommended were to only
ged and
replace the parts of the sidewalk which are
dbea done thismyear,Ybe a
hazard. Only a portion of the city
a roximately 40 property owners have been notified and are mainly
PP
.50 and
located on 5th and 6th Avenues. T eout today, work will be done in
$3 . 00 per square foot. Bids will go
October and it will take approximately 2 to 3 weeks to complete.
Mr Hutton stated that there will
sidewalks constructed.
Mayor Laurent read a letter into the record from John Lang stating
Mayor Laurent asked if there
that he did not want any sidewalk. May
was anyone from the audience who wished to address this issue.
Mrs. Ted Neisen, 238 W. 5th, said that people from the City came
twice, she knew what they were doing and appreciated being
informed.
Mayor Laurent closed the public hearing at 7:55 p.m.
m
prvem
Zak offered Resolution No. 3458, A Resolution Ordering an
Improvement and Authorizing Advertisement
Pro�Project No. tfor 1991 7Bids for the and moved for991
its
Sidewalk Replacement Program,
adoption. Motion carried unanimously.
Dave Hutton reviewed the
request
Brun down to serve Francis
a hospital
iteitsouth for
on
sewer and water linebefore
Marschall Road. He said the the MUSA line issue.sue that needs t The areabe lisdlocated
this could be decided e
outside the MUSA line and it cannot
MUSA beserved
Anotherhissue that needs
ut an amendment
to the Comp Plan extending propertycan be served by the
to be resolved is whether or not this said that there is a chance it
VIP interceptor. Cncl. Vierling
could be tied in with ihebehresolved isa eptor in the by trading landrinsidetthe
May this could possibly present from the hospital to address
MUSA line. Mr. Leivermann was
this issue. He said the board has set a goal to have the new
hospital done by 1995 . Discussion ensued on whether or not it
would be advantageous to go ahead and s the the
Mete Council will
amend the Comprehensive Plan extending
was to get additional information on the amount of staff, time and
Official Proceedings of the
Shakopee City Council
September 3, 1991
cost to re Page -3-
quest an amendment to the Comp Plan to extend the
MUS,.
line to include the hospital site.
Sweeney/Clay moved to table the re
to extend sewer and water lines to their new site Francisest from St. ndg Hospitalrt
from Mr. Kraft. Motion carried unanimously. Pending a report
Mayor Laurent called a 10 minute recess at 8 : 28 p.m.
Mayor Laurent reconvened the City Council at 8 : 35 p.m.
Barry Stock reviewed the new law that the 1991 legislature has
passed regarding an attempt to end the wide spread problem of
people free loading by dumping their garbage in other
bins. He said it attempts to require every resident ofetheeCityato
have garbage collection service. oY
the ways this be
reached is to move towards a closed refuse collection coulsystem,
whereby the residents would be automatically billed by the City for
garbage collection from a city appointed collector.
There
discussion on the possibility of collectors reporting to the City
who their customers are if the City didn 't go to a closed system.
Cncl. Clay said he favors the closed collection system. He feels
it would eliminate a lot of work involved in cross referencing with
multiple collectors. When a resident does not have
garbage
collection service, the City Attorney recommended the City gotoa
"you pick one or the City will assign one" system.
Vierling/Zak directed staff to prepare an ordinance requiring a
license to collect solid waste and to include a fee only to cover
City costs to implement the State mandate.
Vierling/Zak moved to amend the motion to include in the ordinance
a mechanism to handle gaps, as suggested by the City Attorney. [if
a resident doesn 't subscribe for refuse collection, the City will
select a service and bill the resident]] Motion carried
Motion carried unanimously on main motion as amended.
Sweeney/Vierling moved that the appropriate
ty officials
authorized to solicit requests for proposals forlrefu e/recyclinng
collection service. Motion carried unanimously.
Sweeney/Vierling moved to table the applications from Dangerfield 's
Restaurant, Inc. , 1583 East First Avenue, for on sale and Sunday
intoxicating Liquor licenses.
business) . (Motion approved under consent
Sweeney/Clay offered Resolution No. 3459 , A Resolution Amending
Resolution No. 3309 Adopting the 1991 Budget, and moved for its
adoption. Motion carried unanimously.
September 3, 1991
OffProceedings of the page -4-
Shaicieeal City
yeCoungcil
Shakopee City
rlin moved to approve the bills in the amount of
$93 , 119 . 16e Motion approved under consent business) .
$93 , 119 . 16. ( rite City staff to
Sweeney/Vierling moved to authorize the approp tote construct the
utilize Plehal Blacktopping of Shakopee, cost not
ous trail at O'Dowd Park for an estimated
i n approved to
exceed
$ ,999.000 using b149n the Park Reserve Fund.$14 ,9
consent business) . eron and
Wampach moved to utilize Orr-Schelen-May
Sweoney/ provide the design phase for the swimming pool
improvements at a cost not to exceed $14 ,390.00. Motion carried
unanimously.
Sweeney/Clay Clay moved to have the swimming pool expenditures come out
othe the Park Reserve Fund. Motion carried unanimously.
Csuggested obtaining additional proposals for
engineering ngSweeney nsultant services.
engineering
Sweeney/Vierling moved to place on file the letter fromthat
of
thy C.
Jothe proposed
MnDOT, dated August 21, 1991 notifying
hnson, P.E. ,lettings for the Shakopee Bypass have been delayed.
th
(Motion approved under consent business) .
Sweeney/Vierling
offered Resolution No. 3457 , A Resolution
Declaring the Cost to be Assessed and Ordering the Preparation of
Proposed Assessments for Bluff Avenue,
e,anBetween
moveMarc for all Road
oadiand
Naumkeag Street, Project No. 1990-7 ,
(Motion approved under consent business) .
Sweeney/Vierling
offered Resolution No. 3460, a Resolution
Declaring the Costs to be assessed and Ordering the Preparation rerof
3rd
Proposed Assessments for Shumway Street, Project No. 1991-1,hAnnnue
and Scott Street, 6th Avenue to 7th roved under consent business) .
enue,moved for its adoption. (Motion app
Mayor Laurent adjourned the meeting to September 17 , 1991, at 7: 00
p.m. Meeting adjourned at 9: 30 p.m.
IAJAA4.,-<)j 01)t
— % I
yr ith S . Cox
ty Clerk
Carol L. Schultz
Recording Secretary
10/1/91 presented to City Council
September 24, 1991
To: Honorable Mayor, Mr-_ Gary Laurent
City C=:ourici 1 Members
City of Shakopee, Minnesota
PETITION
This petition is directed to the property owners and occupants,
located in the Valley Green Business Indus now
Minnesota. It is a request for their signatures, that theyFf Shakopee,
objections to the Br-ambi 1 la Motor Homes, have e,
for thirty two now located i r-, Shakopee,
Years, to be relocated in Valley Green Business
Industrial Park, on the corner Valley Industrial Boulevard North
and Valley Park Drive_ Their new location to be the franchised
dealer for the Winnebago Motor Homes_ Building to be approximately
38, 000 square feet_
BUSINESS-
SIGNATURE= DATE:
4.1.A/„..-__m_my &iy .5b '41._ 40 _401141 _,FAI V,477 yy
- (i, /,./ .. --_,q/
VW9fC.;&....&42.. ..c..04 .4.01.2$,L-44 t _______Lt
t_ I 0
IIXITI
V
_.. — ,/M`?(
.r. 411,41r -
7/30/w
3.-- .1 4w., /.4.47e.,,A 4
/0/2,
x.
z-� l/'.. 4( %4 ,a
September- 24, 1991
To: Honorable Mayor, Mr. Gary Laurent
City Council Members
City of Shakopee, Minnesota
PETITION
This petition is directed to the property owners and occupants, now
located in the Valley Green Business Industrial Park, Shakopee,
Minnesota_ It is a request for their signatures, that they have no
objections to the Brarnbilla Motor Homes, now located in Shakopee,
for thirty two years, to be relocated in Valley Green Business
Industrial Park, on the corner Valley Industrial Boulevard North
and Valley Park Drive_ Their new location to be the franchised
dealer for the Winnebago Motor Homes. Building to be approximately
38, 000 square feet.
GU .NESS: ,G�VATUI
DATE:
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MEMO TO: Dennis R. Kraft, City Administrator
FROM: Lindberg S. Ekola, City Planner
RE: Appeal of Variance Resolution No. PC-621
Nancy Lee and Patrick Blood
DATE: September 27, 1991
INTRODUCTION:
On September 5, 1991, the Shakopee Board of Adjustment and Appeals
approved Variance Resolution No. PC-621, a 7, 560 square foot
variance from the required lot size of one acre in the Heavy
Industrial District (I-2) . The applicants would need to amend
their application from four variances to one variance in order to
use the approved Variance Resolution No. PC-621.
The applicants are appealing the decision by the Board to deny
their request of four variances. By their action of approving one
variance (which would allow all four lots owned by the applicants
to be consolidated into one lot) the Board intended to deny the
four variances requested by the applicants.
BACKGROUND:
Attached is a copy of the appeal letter from the applicants, the
minutes from the September 5, 1991 Board of Adjustment and Appeals
meeting and the Board of Adjustment and Appeals staff report.
In order to build the two new buildings as proposed by the
applicants and to retain the use of the nonconforming residence on
the I-2 zoned site, four variances would need to be approved. Two
lot size variances, a lot width variance and a side yard setback
variance would be required.
DISCUSSION:
The Board of Adjustment and Appeals was presented with the
following three alternatives:
1. Deny all four variance requests.
2 . Approve any or all of the following four variances requested:
(a) Minimum lot area for proposed eastern lot.
(b) Minimum lot area for proposed western lot.
(c) Minimum lot width for proposed western lot.
(d) Minimum side yard setback on the proposed western lot.
3 . Ask the applicants to amend their application to request one
variance, which would allow the four lots to be combined into
one lot. The variance would result in one lot, which would be
83 percent of the required lot size. The applicant would be
able to construct an industrial building as regulated by the
setbacks. The new building would be constructed at a greater
distance from the residential area to the south.
After reviewing the alternatives and the criteria for granting
variances the Board of Adjustment and Appeals approved Variance
Resolution No. PC-621 (alternative 3) . This alternative granted
one variance.
The reason for their decision is that the approval of Variance
Resolution No. PC-621 would result in one lot which would be 83
percent of the required lot size, and would be the minimum variance
which would alleviate the hardship. The applicants would be able
to construct an industrial building as regulated by the setbacks,
and the new building could be constructed at a greater distance
from the residential area to the south. Reasonable use of the
property can be made with this one variance. Reassembly of the
four lots into one lot also allows the retention of the residential
use with the proposed industrial buildings.
Although the applicants have stated that this is a workable design
concept for their business, it does not meet their financial
funding situation. The applicants are applying for a loan through
the Small Business Administration (SBA) . The SBA will not allow
the applicants to join the lots together since the house has a
previous mortgage. The identified hardship is an economic
consideration and the Zoning Ordinance does not provide for the
issuance of a variance because of an inability of the applicant to
obtain financing.
Although it is clear to staff the Board intended to deny the four
variances requested by the applicants, the Board did only grant one
variance. Inaction by the Board on the four variances requested by
the applicant is tantamount to denial . The City Council may wish
to direct the Board to take a final action at its next meeting to
clarify its position.
ALTERNATIVES:
1. Deny the request by the applicants to reverse the Board' s
decision and sustain the action of the Board to approve one
variance.
2 . Approve the request by the applicants to reverse the Board' s
decision and approve the variances as requested by the
applicants.
3 . Direct the Board to make a formal action on the applicants '
request for the variances as applied for.
BOARD OF ADJUSTMENT AND APPEALS ACTION:
The Board of Adjustment and Appeals Variance Resolution No. PC-621,
which approved one variance which would allow all four lots, owned
by the applicants, to be combined into one lot with the applicants
amending their application.
ACTION REQUESTED:
Offer and approve a motion for approval of Variance Resolution No.
CC-621, a Resolution which denies the applicants ' request to
reverse the Board of Adjustment and Appeals ' decision to deny the
four variances requested. The Resolution also sustains the action
of the Board to grant one variance which would allow the four lots
to be consolidated into one lot.
RESOLUTION NO. CC-621
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA,
DENYING FOUR VARIANCES
AND SUSTAINING THE BOARD OF ADJUSTMENT AND APPEALS ' DECISION
TO GRANT ONE VARIANCE
WHEREAS, the owner has filed an application dated August 9,
1991, for four variances under the provisions of Chapter 11, Land
Use Regulation (Zoning) , of the Shakopee City Code, Section
11.04, Subd. 5, for two variances to the minimum lot area, a
variance to the minimum lot width, and variances to the side yard
setbacks; and
WHEREAS, this parcel is presently zoned I-2 , Heavy
Industrial; and
WHEREAS, the property upon which the request is being made
is legally described as:
Lots 6, 7, 8, and 9, Block 42, City of Shakopee Plat; and
WHEREAS, notice was provided and on September 5, 1991, the
Board of Adjustment and Appeals conducted a public hearing
regarding this application, at which time it heard from the City
Planner and invited members of the public to comment; and
WHEREAS, the Board of Adjustment and Appeals voted to
approve one variance from the required lot size; and
WHEREAS, a written appeal was filed with the City
Administrator within seven days of the Board of Adjustment and
Appeals action; and
WHEREAS, the City Council has reviewed the application, the
record before the Board of Adjustment and Appeals, and the
Board's action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA, AS FOLLOWS:
That the request by the applicants for four variances including
two lot size variances, a lot width variance and a side yard
setback variance is hereby DENIED for the reason that the
conditions required for approval do not exist, including the
following specific reasons:
1. The variance requested is not the minimum variance
which would alleviate the hardship.
Passed in regular session of the City Council of the City of
Shakopee, Minnesota, held this 1st day of October, 1991.
Mayor of the City of Shakopee
Attest: City Clerk
Approved as to form: City Attorney
A1-1-a CH MrrJT
September 10 , 1991
City of Shakopee
City Administrator
Dennis Kraft
Mr . Kraft ,
This letter is to appeal the decision made by the Board of
Adjustment , Thursday 9/5/91 , on our variance requests .
We had found that our house exceeds one of our lot lines
by 1 .13 feet . We requested to simply move our lot line
over by 1 .13 feet . We were told by Lindberg Ekola , City
Planner , that we could NOT do this , and had to go through
the variance and lot split procedures .
On Friday 8/9/91 at 10 :30 am , we met with the following
City of Shakopee personnel : City Planner ; Lindberg Ekola ,
City Attorney ; Karen Marty , Asst . City Administrator ;
Barry Stock , our Attorney; Patrick Leavitt , and ourselves .
Based on information given to us at this meeting , we were
told what options we had and would need to follow . We were
told that we would need to split our 4 lots into 3 lots ,
and request the variances as listed in our variance
request . Lindberg also assured us , in no uncertain terms ,
that his commission would "RECOMMEND APPROVAL" of one
variance to build on an undersized lot , but had to think
about the second such variance .
At 11 :00 , 9/5/91 , the day of the Adjustment and Appeals
meeting , Lindberg called us in to meet with him , as he
wanted to go over changes on our variance request . He
added an entirely new scenario , of which we had no desire
or time to pursue . At the Adjustment and Appeals meeting ,
Lindbergs ' request was accepted , and ours was neither
accepted or rejected .
Our request is simple . Legally move our lot line over by
1 .13 feet , and allow us to build on .an undersized lot , as
we were originally told we could do .
Thank you for your time and consideration .
Sincerely ,
Nancy Lee
-
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- =J
. 3.
A fi T-A
BOARD OF ADJUSTMENT AND APPEALS
Shakopee, Minnesota
Regular Session September 5, 1991
MEMBERS PRESENT: Joos, Kahleck, Lynch, Mars, Allen, and
Spurrier
MEMBERS ABSENT: Christensen
STAFF PRESENT: Lindberg Ekola, City Planner
Terrie Sandbeck, Assistant City Planner
Dave Hutton, City Engineer
Aggie Unze, Recording Secretary
I. ROLL CALL
Chairman Joos called the meeting of the Shakopee Board of
Adjustment and Appeals to order at 7 :35 p.m. Roll call was
taken as noted above.
II . APPROVAL OF THE AGENDA
The agenda was approved as presented.
III. APPROVAL OF AUGUST 8 , 1991 MEETING MINUTES
The meeting minutes were approved as presented.
IV. RECOGNITION OF INTERESTED CITIZENS
Chairman Joos recognized anyone present in the audience
wishing to speak on issues not on the agenda. There was no
response.
V. PUBLIC HEARING: NANCY LEE/PATRICK BLOOD VARIANCE RES . NO. 621
Chairman Joos opened the public hearing to consider an
application for several variances to required lot size, lot
width and side yard setbacks, in order for the applicants to
construct two buildings in which to operate a recycling
business at 718 W. 3rd Avenue.
Mr. Ekola, the City Planner, presented the report. He stated
that Nancy Lee and Patrick Blood have submitted a variance
application and an application for an Administrative Lot
Reassembly. The applicants presently own four lots, zoned I-
2 , with their residence and a small garage located on the
center lots . The applicant wishes to reconfigure the f' ul
lots into three. The proposed lot split would separate thE.
house and the two new buildings on different lots.
Minutes of the Page - 3
Board of Adjustment and Appeals September 5, 1991
Commissioner Spurrier questioned whether recycling is a
permitted use in the I-2 zone and requested clarification of
parking stalls and sizes on the site plan. The City Planner
affirmed that the proposed recycling business is a permitted
use in the I-2 district. He also stated that the parking can
be shared between lots but hesitates to encourage that for
fear one lot is sold off later, leaving the other with
inadequate parking. As far as the vehicle circulation space,
24 ' is the suggested amount of space behind the parking
stalls . However, the ordinance does not specifically require
it.
Commissioner Mars stated opposition to the request due to the
fact that 3/4 of the property will be under variances. He
felt now should be the time to correct some of the violations
showing on the survey.
Ms. Lee explained the parking stalls shown on the site plan
and stated she was willing the change them to the Board ' s
wishes. She went on to suggest that some exclusion clause be
added to the variance to allow them to split lots now and
later combine all lots into one.
Mr. Ekola noted that there is no legal measure available to
the City to insure that the lots will be reassembled at a
later date.
Chairman Joos closed the public hearing.
MOTION: Kahleck/Allen offered Variance Resolution No. 621,
allowing one 7 , 560 square foot variance from the required lot
size of one acre with amendment of the application by the
applicant.
VOTE: Motion carried unanimously.
Chairman Joos informed the applicant of the seven day appeal
process to the City Council.
VI. PUBLIC HEARING: MARK J. WEINANDT VARIANCE RES . NO. 619
Chairman Joos opened the public hearing to consider a variance
request from the minimum lot •size for a property located on
County Rd. 17 , 1/2 mile south of County Rd. 42.
Terrie Sandbeck, the Assistant City Planner, reviewed the
request of Mark J. Weinandt, the applicant. She explained
that Mr. Weinandt is processing a plat to combine two small
lots into one. This plat will be reviewed by the Planning
Commission later this evening. The lot resulting from this
plat measures only 1. 28 acres . The Rural Residential (R-1)
Zone requires lot sizes to be 2 1/2 acres. Therefore, the
applicant is requesting a 1. 22 acre variance in order to place
a residence on the property. Ms . Sandbeck also noted that the
A-1 -T4-t 1 3
_ CITY OF SHAKOPEE
INCORPORATED 1870 AGENDA NO. 5
STAFF REPORT •
MEETING DATE: September 5, 1991
RESOLUTION NO. : PC-621
PREPARED BY: Lindberg S. Ekola, City Planner
APPLICANT
APPLICABLE PROVISIONS• Chapter 11, Section 11.4, Subd. 5
PROPOSAL: The applicants are _requesting several
variance from the required lot size, lot
width and side yard setbacks.
LOCATION• 718 West Third Avenue
APPLICANT: Nancy Lee and Patrick Blood
SITE DATA
ZONING• Heavy Industrial (I-2)
ACREAGE: West lot - . 243 acre; East lot - .757 acre
MUNICIPAL UTILITIES: Yes
ADJACENT ZONING 1-2 Industrial
AND LAND USE: N-
S_ R-2 Single Family
E-
R-2 Single Family
W-
1-2 Industrial
•
CONSIDERATIONS:
1. The applicants have submitted a variance application to allow
the construction of two new buildings on their property. The
subject site is zoned Heavy Industrial (I-2) . Attached is the
area zoning map and the 1-2 district regulations (Exhibit A) .
2 . The applicants also have submitted an application for an
Administrative Lot Reassembly. They are proposing to
reassemble the four platted lots into three lots. Exhibit B
is a copy of the proposed site plan.
3 . Exhibit C illustrates the locations of the existing structures
on the subject site and the four existing lots, owned by the
applicants. The existing house is a nonconforming use in the
I-2 district. Both the house and garage are located on
interior lot lines. The cover letter from the applicants and
their building plans also are attached with Exhibit C.
4 . The alley shown on Exhibit B was vacated in 1968, providing an
additional 8 ' of depth to the original lots.
5. The four lots have been zoned industrial at least since 1979,
according to the City' s zoning maps. The property was zoned
residential in 1965 .
6. The applicants own 36, 000 square feet (150 'x 240 ' ) of
property. Even if all four lots were combined into one lot,
the minimum lot size requirement of one acre (43 ,560 square
feet) could not be met.
7. The applicants propose to operate their recycling business in
the two new buildings. A recycling business is a permitted
use in the I-2 district. They are proposing to build their
operation in phases.
8 . The Zoning Ordinance requires four off-street parking spaces
plus one space per 800 square feet of net floor area for
fabricating and processing uses. The required parking for the
proposed west building would be 9 spaces (45 'x 82 ' ) and 8
spaces (36 'x 82 ' ) for the east building. On the site plan
(Exhibit B) the applicants have not provided an adequate
design for the required parking. No driveways have been shown
on the site plan, and all maneuvering areas for vehicles
behind the parking spaces need to be a minimum of 24 feet in
width. The south half of the vacated alley cannot be used for
access, since it is owned by the property owners to the south.
9 . The applicants would like to remain living in their home,
which is located on the middle lot on Exhibit B. The proposed
lot split would result in separating the house and the two new
buildings on different lots.
10. The applicants met with City staff last year to discuss their
proposed development. At that time the minimum lot size
requirement was accidentally overlooked. The original sketch
presented by the applicant depicted the existing house as
being located on only one lot. The applicant and staff
assumed the existing house was located entirely within Lot 8 .
Had that been the case Lots 6 and 7 would have been available
for development. The applicants indicated they intended to
develop a building on lots 6 and 7, and later tear down the
house for additional development space. Had the house been
fully on lot 8 , an 82 'x 55 ' building could have been
constructed. Staff is supporting a variance from the minimum
lot size only. This would be consistent with Criteria #5,
which states that "The variance requested is the minimum
variance which would alleviate the hardship".
11. In order for staff to approve the requested lot reassembly and
the two building permits, four variances would be required.
They include:
West Building
A. Variance from the minimum lot area requirement of 1 acre
in an I-2 Zoning District for the proposed west lot. The
proposed lot area for the west lot on Exhibit B measures
only . 243 acres. A lot size variance of .757 acres is
being requested.
B. Variance from the minimum lot width of 100 ' in an I-2
Zoning District. The width of the west lot on Exhibit B
measures only 74 .7 ' . A lot width variance of 25. 3 is
being requested.
C. Variance from the required 15 ' side yard setbacks in an
I-2 Zoning District. The applicants would like to reduce
the setbacks on both sides of the west building on
Exhibit B to 10 ' . They are requesting two 5 ' variances
to the side yard setback requirement.
East Building
D. Variance from the minimum lot area requirement of 1 acre
in an I-2 Zoning District for the proposed east lot. The
lot area for the proposed east lot on Exhibit B measures
only . 357 acres. A lot size variance of .643 is being
requested.
12 . As shown on the site plan (Exhibit B) the building to the west
overlaps the west property line of the subject site. No
setback has been provided on this parcel . The purpose of the
side yard setback requirement is to provide adequate distances
between building for circulation, fire safety and aesthetic
purposes.
13 . Upon further research of the Zoning Ordinance a residential
accessory use is permitted in the I-2 district. If the
applicants are willing to amend their application for one
variance from the minimum lot area requirement, staff would be
more supportive of this request. This alternative would
require the four lots to be combined into one lot and the
house could be retained on the one lot as an accessory use.
The one variance request would be in compliance with Criteria
#5.
FINDINGS:
Criteria #1 Exceptional or extraordinary circumstances apply to
the property which do not apply generally to other
properties in the same zone or vicinity, and result
from lot size or shape, topography, or other
circumstances over which the owners of property
since enactment of this Chapter have had no
control .
Finding #1 These lots were zoned for residential use up until
1979, when they were rezoned to I-2, Heavy
Industrial. This action increased the required lot
dimensions and setbacks, resulting in four non-
conforming lots.
Criteria #2 The literal interpretation of the provisions of
this Chapter would deprive the applicant of right
commonly enjoyed by other properties in the same
district under the terms of this Chapter.
Finding #2 The literal interpretations of the provisions of
this Chapter would deprive the applicant of the
ability to develop this property in conformance
with the permitted uses of the Heavy Industrial
Zone. Without the reassembly of lots, development
is essentially prohibited by the I-2 district
requirements.
Criteria #3 That the special conditions or circumstances do not
result from the actions of the applicant.
Finding #3 The applicant purchased these lots in 1990, and was
not responsible for the rezoning of the property,
or its current nonconforming use. When the City
rezoned these four lots, the result_ was four
nonconforming lots, along with a nonconforming use
on one of the lots. Circumstances are being
created by the applicant in that they are
requesting to build two new buildings on
substandard lots. The two buildings will expand
the current use of their property. The applicants
are requesting to build into the side yard setbacks
in order to build the size of building they desire.
Criteria #4 That granting of the variance requested will not
confer on the applicant any special privilege that
is denied by this Chapter to owners of other lands,
structures or buildings in the same district.
Finding #4 The granting of the variances will allow the
applicant to develop three undersized I-2 lots.
Criteria #5 The variance requested is the minimum variance
which would alleviate the hardship.
Finding #5 The minimum variance to allow development would be
a variance from the minimum lot area. All four
lots could be combined for the largest possible
lot.
Criteria #6 The variance would not be materially detrimental to
the purposes of this Chapter, or to the property in
the same zone.
Finding #6 What the applicants are proposing on the site is
too intense and close to the adjacent single family
residential land use. If the applicants were
willing to amend their application for one variance
allowing the combination of the four lots into one,
staff would be more supportive. This variance
would be more consistent with purposes of the
intent of the Code.
ALTERNATIVES :
1. Deny all four variance requests.
2 . Approve any or all of the following for variances requested:
(a) Minimum lot area for proposed eastern lot.
(b) Minimum lot area for proposed western lot.
(c) Minimum lot width for proposed western lot.
(d) Minimum side yard setback on the proposed western lot.
3 . Ask the applicants to amend their application to request one
variance, which would allow the four lots to be combined into
one lot. The variance would result in one lot, which would be
83 percent of the required lot size. The applicant would be
able to construct an industrial building as regulated by the
setbacks. The new building would be constructed at a greater
distance from the residential area to the south.
RECOMMENDATION:
Staff questions the amount of development that can occur on the
subject site. In reviewing the site plan, parking and vehicle
circulation appears to be inadequate. Development on the
substandard lots will be greatly impacted by parking and vehicle
circulation. The applicants must design an adequate parking lot
for their proposed uses.
Staff is concerned about the nonconforming residential use in the
center of the property. Although the applicants now reside on the
site, the future sale of the house and lot is possible. The house
would be located between two industrial buildings and this would be
highly undesirable from a land use perspective.
Staff would encourage that any development on this property should
occur from west to east. The adjacent land uses are industrial to
the west and north, and residential to the east and south.
With the range of alternatives in this application, staff would be
most supportive of Alternative 3 . This alternative would result in
the minimum number of variances (1) and would allow the applicant
to build an industrial building while retaining the residential use
as accessory. The new building would be constructed further from
the residential properties to the south due to the larger side yard
setback (50 ' ) .
Staff is uncomfortable with recommending approval of the various
options listed in Alterative 2 . Granting these variances would
result in buildings being constructed on separate substandard lots.
The City has no assurance that the individual lots will not be sold
in the future separately. Isolating a residence between two
industrial buildings is not desirable.
ACTION REQUESTED:
Offer Variance Resolution No. 621, a variance allowing one lot area
variance and move its adoption.
VARIANCE
RESOLUTION NO. PC-621
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, GRANTING
A VARIANCE TO THE REQUIRED LOT SIZE
WHEREAS, Nancy Lee and Patrick Blood are the owners of said
property; and
WHEREAS, the owners have filed an application dated
September 5 , 1991, for a lot size variance under the provisions
of Chapter 11, Land Use Regulation (Zoning) , of the Shakopee City
Code, Section 11. 04 , Subd. 5, for a 7,560 square foot Variance
from the required lot size of one acre; and
WHEREAS, this parcel is presently zoned I-2 (Heavy
Industrial) ; and
WHEREAS, the property upon which the request is being made
is legally described as:
Lots 6, 7 , 8 , and 9, Block 42 , City of Shakopee Plat; and
WHEREAS, notice was provided and on September 5, 1991, the
Board of Adjustment and Appeals conducted a public hearing
regarding this application, at which it heard from the City
Planner and invited members of the public to comment.
'NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT
AND APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, as follows:
That the application for Variance No. PC-621 is hereby GRANTED.
If this Variance is not utilized within one year from this date
it shall become void.
Adopted by the Board of Adjustment and Appeals of the City
of Shakopee, Minnesota this 5th day of September, 1991.
Chair of the Board of Adjustment
and Appeals
ATTEST:
City Planner
•
AG„AGRICULTURE i ECJ-,r b;4. A
R1 RURAL RESIDENTIAL
R2 URBAN RESIDENTIAL 4 0 6, M,\r
R3 MID-DENSITY RES.
R4 MULTI FAMILY RES_
B 1 HIGHWAY BUSINESS
B2 COMMUNITY BUSINESS
B3 CENTRAL BUSINESS I
I ..I1 LIGHT INDUSTRIAL
12 HEAVY INDUSTRIAL
S SHORE-AND E ..
NM FLOODPLAIN DISTRICT
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SEC. 11.33. E..AW_ INDUSTRIAL (I-2) .
Subd. 1. Purpose. The Heavy industry District is where
a full complement of urban services exist such as water , sewer ,
rail and highway transportation to provide support for intense
manufacturing and processing operations .
Subd. 2. Permitted Uses. Within any Heavy Industrial
District, no structure or land shall be used except for one or more
of the following uses :
A. All permitted uses in 1-1.
3. (Repealed by Ordinance No. 158, 4th Series ,
adopted 1-22-85.)
C . Railroad operations .
D . Motor freight terminals .
E. Manufacturing , fabrication , processing ,
assembly/storage of :
1 . Light chemicals .
2 . Lumber and wood products .
3 . Paper products .
4 . Rock and stone products . - -
•
5 . Textiles .
6 . Tobacco products .
7. Fabrication metal products .
8 . Machinery and appliances .
9 . Transportation equipment .
10 . Apparel.
11 . Food products .
12 . Glass .
13 . Leather .
14 . Pottery...
F. Assembly/storage of :
1. Light chemicals .
2. Eeavy chemicals .
3 . Explosives .
4 . Residential accessory .
Source: Ordinance No . 31, 4th Series
E==���• �� Date : 10-25-79
G. Restaurants (Class I and It) , taverns, private
lodges and clubs and supper clubs, but only when part of a Class A
licensed horse racetrack as provided for in MSA 240 .01 et sec.
Source : Ordinance No . 138 , 4th Series
Effective Date : 11-24-33
E. Commercial recreation major .
Source: Ordinance No . 158, 4th Series
Ef` ---ve Date : 1-31-85
I. Class I day care facility when located in the
horse of the day care provide: .
Source : Ordinance No . 254 , 4th Series
Effective Date : 5-25-89
Subd. 3. Conditional rises. Within any Eeavy Industrial
District, no structure or land shall be used for the following uses
except by conditional use permit:
A. Manufacturing , processing or storage of
explosive material.
3. Eeavy chemical storage and manufacturing
including petroleum, chlorine, creosote , glue, acid, fertilizer ,
asphalt production , soaps .
C . Structures in excess of 45 feet in height .
D . Paper and pulp mills .
E. Meat or fish packing .
F. Rock crushing or gravel work .
G . Concrete and ready mix plants .
E. Foundry, forge , casting , metal .
I . Heliports , airports .
J. (Repealed by Ordinance No. 203 , 4th Series ,
adopted 7-10-86 . )
R. Grain elevators .
L. Water and sewage treatment .
M. Mining and excavation industries .
Source: Ordinance No . 31, 4th Series
Effective Date : 10-25-79
•
N. Retail sales and displays in front yards when
necessary to a permitted principal use carried on in a structure
located on the premises but the: area so used shall not exceed 15
percent of the floor area of said principal structure .
Source: Ordinance No . 59, 4th Series
Effective Date : 5-14-31
0. Commercial recreation , minor .
P . Animal hospitals and veterinary clinics .
Source: Ordinance Nc . 158, 4th Series
Effective Date : 1-31-83
Q . Class I day care facility.
R. Class II day care facilities when not located in
the home of the day care provide: .
Source : Ordinance No . 254 , 4th Series
Effective Date : 5-25-89
Source : Ordinance No . 279 ,--4th Series
Effective Date : 12-1-89
(_ 2-. - 29
Subd. 4.i Lot Area, Height, Lot Width and Yard Require-
ments .
equire-
menis .
A. The floor area ratio shall not exceed 1 to 1 .
140 Front yard setback : 30 feet .
Q► Lot Width: 100 feet .
4up Minimum lot area: 1 acre .
Source : Ordinance No . 31, 4th Series
E.tfective Date : 10-25-79
QRea: yard setback: 30 feet , except that where
there is an abutting rail-
road spur , the rear yard
setback shall be 20 fee: .
Source : Ordinance No . 279 , 4th Series
Effective Date : 12-1-89
411111 Side yard setback:
1 . 15 feet normal. -
2. 50 feet when abutting R District.
3 . 0 feet when abutting railroad .
Source : Ordinance No . 96 , 4th Series
Ef`v,-" vo Date : 11-11-82
Subd. 5. Performance Standards .
A. Acceptable Building Materials. (For applicable
provisions , see Section 11 . 60, Subdivision 5) .
B. Required Parking Setback. (For applicable
provisions , see Section 11 . 60 , Subdivision 6) .
C. Landscaping.- Requirements. (For applicable
provisions , see Section 11 . 60 , Subdivision 7) .
D. Screening. (For applicable provisions , see
Section 11 . 60 , Subdivision 3, Subparagraph 0) .
1. Roof Top Facilites . (For applicable
provisions , see Section. 11.60, Subdivision 3, Subparagraph D, :tem
1 2. Parking Areas. (For applicable provisions,
see Section 11 . 60 , Suocivisior. 3, Subparagraph D, Item 2) .
3. Outdoor Storage and Trash Handling. (For
applicable provisions , see Section 11 . 60 , Subdivision 3 ,
Subparagraph D , Item 3) .
4. Loading and Service Areas. (For applicable
provisions , see Section 11.60, Subdivision 3, Subparagraph D, Item
4) . Source : Ordinance No . 246, 4th Series
-• ve Date : 6-17-8s
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VARIANCE REQUEST
Nancy Lee/Patrick Blood CoVr LerrM.
718 West 3rd Avenue
Shakopee , MN 55379
City code : section 11 .33 , Sub . 4D .
We are requesting a variance to be allowed to build on
1-2 zoned lots of less than 1 acre , and to change side
yard setbacks to 10 ' vs 15 ' .
Before and after purchasing the property located at Block
42 , lots 6 ,7 ,8 ,9 , we met several times with City of
Shakopee personnel to determine what size building( s )
could be constructed on this property after proper set
backs , and what steps would need to be taken to start
building . According to all of the information received ,
it was determined that we could build one 82 ' x 55 '
building on lots 6 & 7 , one 82 ' x 30 ' building on lot 9 ,
and that the future building on lot 8 depended on what we
did with the present structure . The fact that the lots
were undersized was supposedly no problem . With this
information , we decided to purchase this property . We are
now nearing time to initiate construction , and are told ,
for the first time , that we need a variance to proceed .
A recent survey shows that our house , on parcel 8 , is
located 1 . 13 feet onto parcel 7 , and that we will also
need to apply for a " lot split" . According to Lindberg
Ekola , Shakopee City Planner , by resetting this lot line ,
and adding the presently required 15 foot side yard , the
dimensions of our building on lots 6 & 7 will be shrunk
from 55 ' to 36 ' wide , decreasing the size of this building
by over one third . To leave the lots as is , only lot 9
could be built on , with a maximum 'sized building of 30 ' x
82 ' . Both options leave the revised size of this building
much too small for our needs and original plans .
After meeting with Shakopee City Attorney , Karen Marty ,
City Planner , Lindberg Ekola , Asst . City Administrator ,
Barry Stock , and our attorney Patrick Leavitt , we came to
the conclusion that we would need to " lot split" our four
lots into three , and request that on lot 9 , we also be
allowed side yard setbacks of 10 feet vs 15 feet . This
would allow us to build the original sized building on the
revised lot 9 , and the smaller building on the revised
lots 6 and 7 , while establishing presently required
setbacks for the existing structure .
It is essential that we be allowed the maximum space of
both these buildings . The I-2 district has a floor area
ratio of 1 to 1 . These revised plans do not utilize near
this amount . -
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MEMO TO: Dennis Kraft, City Administrator
FROM: Dave Hutton, Public Works Director ►P/
SUBJECT: Bluff Avenue, Marschall Road to Naumkeag Street
DATE: September 25, 1991
INTRODUCTION:
A public hearing has been scheduled for October 1, 1991 to consider
adopting the special assessments for the Bluff Avenue Project.
BACKGROUND:
The Bluff Avenue Project is essentially completed and all project
costs have been identified. This project consisted of constructing
Bluff Avenue, between Marschall Road and Naumkeag Street. This
project consists of constructing a new street including pavement,
curb & gutter and storm sewer.
As presented at the public hearing ordering the project and as
adopted by the City Council, 100% of the total project costs will
be assessed to the abutting benefitted property owners.
The final project costs are $158, 494 . 16 and can be summarized
below:
Total Construction Costs $ 59,920.91
Total Admin./Engr. Costs 25, 382 .25
Total Right-of-Way Costs 73, 191. 00
Total Project Costs $158,494.16
The feasibility report had estimated the total project costs to be
$163 , 200. 00. The final project costs are approximately 3% less
than what was originally estimated in the feasibility report.
The assessment calculations can be found in Attachment No. 1.
The Finance Director has indicated that the assessments on this
project must be adopted before October 10, 1991 in order to certify
these assessments to the County for inclusion in the 1992 tax
statements. Prior to levying any assessments on this project the
City Council must first hold a public hearing on the proposed
assessments.
If at the conclusion of the public hearing, the City Council
desires to adopt the assessments, attached is Resolution No. 3475,
which adopts the assessments.
ALTERNATIVES:
1. Adopt Resolution No. 3475.
2 . Deny Resolution No. 3475.
RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Offer Resolution No. 3475, A Resolution Adopting Assessments for
Bluff Avenue, Marschall Road and Naumkeag Street, Project
No. 1990-7 and move its adoption.
DH/pmp
MEM3475
ATTACHMENT NO. 1
ASSESSMENT CALCULATIONS
Total Construction Costs $ 59 , 920 . 91
Total Admin./Engr. Costs 25, 382 . 25 (43 . 6%)
Total Right-of-Way Costs 73 , 191. 00
Total Project Costs $158, 494 . 16
Assessment Rate (100% Assessed)
Total Assessed Costs = $158, 494 . 16 - $1, 709 . 48 (Direct Assessment
to Super America) = $156, 784 . 68
Total Assessable Area = 5. 74 Acres (See Attached Map)
Assessment Rate = $156,784 . 68/5.74 Acres = $27 ,314 . 40 Per Acre
RESOLUTION NO. 3475
A Resolution Adopting Assessments
For Bluff Avenue, Marschall Road To Naumkeag Street
Project No. 1990-7
WHEREAS, pursuant to proper notice duly given as required by
law, the City Council of the City of Shakopee met and heard and
passed upon all objections to the proposed assessments of:
Bluff Avenue, between Marschall Road and Naumkeag Street by
pavement, curb & gutter and storm sewer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA:
1. That such proposed assessment together with any amendments
thereof, a copy of which is attached hereto and made a part hereof,
is hereby accepted and shall constitute the special assessment
against the lands named herein and each tract therein included is
hereby found to be benefitted by the proposed improvements in the
amount of the assessments levied against it.
2 . Such assessments shall be payable in equal annual install-
ments extending over a period of ten (10) years, the first
installment to be payable on or before the first Monday in January,
1992 , and shall bear interest at the rate of 7.75 percent per annum
from the date of the adoption of this assessment resolution. To
the first installment shall be added the interest on the entire
assessment from the date of this resolution until December 31,
1992 and to each subsequent installment when due shall be added the
interest for one year on all unpaid_ installments.
3 . The owner of any property so assessed may, at any time
prior to certification of the assessment to the County Auditor, pay
the whole of the assessment on such property, with interest accrued
to the date of payment, to the City Treasurer, except that no
interest shall be charged if the entire assessment is paid within
thirty (30) days from the adoption of this resolution; he may
thereafter pay to the County Treasurer the installment and interest
in process of collection on the current tax list, and he may pay
the remaining principal balance of the assessment to the City
Treasurer.
4. The Clerk shall file the assessment rolls pertaining to
this assessment in her office and shall certify annually to the
County Auditor on or before October 10th of each year the total
amount of installments and interest which are to become due in the
following year on the assessment on each parcel of land included in
the assessment roll.
Adopted in session of the City Council of the City
of Shakopee, Minnesota, held this day of , 19
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
AREA
PID PROPERTY OWNER DESCRIPTION AC ASSESSMENT
27-004163-0 William & Renelda Hauer Lots 1 - 4 0.59 $16, 115. 50
706 Apgar Blk. 32
Shakopee, MN 55379 East Shakopee
27-906008-0 William & Renelda Hauer 8. 62 A in Govn 1. 36 $37, 147 . 59
706 Apgar Lot 4 Ex 3 . 13 A
Shakopee, MN 55379 & Ex . 26 A in
Sect. 6,T115R22
27-004160-0 Stanley & Linda Beireis Lots 8 - 10 0. 32 $8 , 740. 61
1789 County Road 89 Blk. 31
Shakopee, MN 55379 East Shakopee
27-004159-0 Country Properties Inc. Lots 4 & 7 0. 16 $4 , 370. 30
% Carlson Properties Blk. 31
45 S. 7th St. #2222 East Shakopee
Mpls. , MN 55402
27-906014-0 Country Properties Inc. 93 . 8 ' , S 300 ' 0. 65 $17, 754 . 36
% Carlson Properties in Govn. Lot 4
45 S . 7th St. #2222 Sect. 6,T115R22
Mpls. , MN 55402
27-906009-0 Super America Stations Inc. 1.77 A in Govn 1.75 $47, 800 . 21
% Tax Dept. Lot 4, 224.98 ' CONC. $1, 709 .48
P.O. Box 14000 . x 300 ' , by SWALE
Lexington, KY 40512 1 284 . 03 ' , by
305 .4 ' Sect. 6
T 115 R22
27-004160-1 SSBJ Management Co. Lot 1, Blk. 31 0.33 $9 , 013 .75
4521 Morningside Ave. S 64 .4 ' of 8,
Vadneis Hts. , MN 55127 9&10 together
with Vacated
Alley Blk. 31
East Shakopee
27-004157-0 SSBJ Management Co. Lot 1 & W 1/2 0.29 $7, 921. 18
4521 Morningside Ave. of 2 P/O Alley
Vadneis Hts. , MN 55127 Blk. 31
East Shakopee
27-004158-0 SSBJ Management Co. Lot 3 & E 1/2 0. 29 $7 , 921. 18
4521 Morningside Ave. of 2&P/0 Alley
Vadneis Hts. , MN 55127 Blk. 31
East Shakopee
TOTALS 5.74 $158 , 494 . 16
ASSESSMENT RATE PER ACRE = $27, 314 .404181
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10/01.91 16: 29 FAX 612 333 9851 CARLSON REAL EST Z002/002
CARLSON REAL ESTATE COMPANY
October 1, 1991
Judith S. Cox
City Clerk
City of Shakopee
129 East 1st Avenue
Shakopee, MN 55379
RE: Project No. 1990-7
Bluff Avenue, between Marschall Road and Naumkeag Street
Dear Ms. Cox:
This letter is in response to your September 6, 1991, Notice of a public
hearing on proposed assessments for the above-referenced project (the
"Project") . Please be advised that Carlson Real Estate Company, a Minnesota
Limited Partnership ("Carlson") is the owner of the property identified as
Parcel Nos. 27-906014-0 and 27-004159-0 (the "Property" ) which is affected by
the proposed assessment. The purpose of this letter is to state Carison' s
objection to the proposed assessment against the Property.
It is our belief that the Property will derive little if any direct benefit
from the Project. It is our understanding that, as presently designed, there
will be no direct access from the Property to Bluff Avenue. Even if there was
such access , we believe that the land use orientation of the Property will
continue to be toward 1st Avenue. We do not believe that the market value of
the Property will increase as a result of the Project, and certainly not to the
extent of $22,124.56, which is the total proposed assessment against the
Property.
We would respectfully propose that these assessments be reallocated and
levied in a more appropriate fashion so as to better correspond to the true
benefits to be received by the various affected properties. It may also be
appropriate for some portion of the Project to be financed through the City' s
revenue sources since the Project will apparently improve traffic circulation
for large trucks and trailers in the general vacinity of the Project.
We would like to request that the City of Shakopee carefully review and
scrutinize the assumptions with respect to the nature and extent of the benefit
to be derived by the Property from the Project. Upon such a review, we believe
that the City will be able to confirm the accuracy of our conclusion that
little or no benefit will accrue to the Property as a result of the Project.
Thank you very much for your consideration.
Very truly yours ,
CARLSON REAL ESTATE COMPANY
.arry 3. Chiat
Attorney at Law
(612) 333-9366
17.12 P1n751 ti Tl.45 South Seventh Street.Minneapolis.Minnesota 55402 612-333-9898
lic
MEMO TO: Dennis Kraft, City Administrator
FROM: Dave Hutton, Public Works Director
SUBJECT: Shumway Street/Scott Street
Project No. 1991-1
DATE: September 24, 1991
INTRODUCTION:
A public hearing has been scheduled for October 1, 1991 to consider
the special assessments for the Shumway Street/Scott Street
Project.
BACKGROUND:
The Shumway Street/Scott Street Project is essentially completed
and all project costs have been identified. The Finance Director
has indicated that the special assessments on this project must be
adopted prior to October 10, 1991 in order to certify the
assessments to the County for inclusion in the 1991 tax statements.
This project consisted of complete street reconstruction of Shumway
Street, between 3rd Avenue and 6th Avenue and also Scott Street,
between 6th Avenue and 7th Avenue. As presented at the public
hearing ordering the project and as adopted by the City Council,
25% of the total project costs will be assessed to the benefitted
property owners. Any storm sewer costs will be funded out of the
Storm Sewer Utility Fund and not included in the assessment
calculations.
The final project costs are $151, 375. 93 and can be summarized
below:
Total Construction Costs $121, 183 .26
Total Admin./Engr. Costs $ 30, 192 . 60
Total Project Costs $151,375.93
Of the total project costs, $34,454.20 will be assessed to the
abutting property owners. The assessment calculations are
summarized in Attachment No. 1.
The feasibility report had estimated total project costs to be
$233, 670. 00. The final project costs are approximately 36% less
than originally estimated in the feasiblity report. Prior to
levying any special assessments on this project, the City Council
must first hold a public hearing on the proposed assessments.
Attached is Resolution No. 3474, which declares the cost and adopts
the special assessments for this project.
ALTERNATIVES:
1. Adopt Resolution No. 3474 .
2 . Deny Resolution No. 3474 .
RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Offer Resolution No. 3474 , A Resolution Adopting Assessments for
Shumway Street, 3rd Avenue to 6th Avenue and Scott Street, 6th
Avenue to 7th Avenue, Project No. 1991-1 and move its adoption.
DH/pmp
MEM3474
ATTACHMENT NO. 1
Assessment Calculations
Total Construction Costs $121, 183 . 26
Total Admin./Engr. Costs 30, 192 . 67 (24 . 9%)
Total Project Costs $151,375. 93
Scott Street Portion
Total Project Costs $26, 873 . 20
Subtract Storm Sewer Costs None
Total $26, 873 . 20
25% Assessed
25% x $26, 873 . 20 = $6, 718 . 30
Shumway Street Portion
Total Project Costs $124 , 502 . 73
Subtract Storm Sewer Costs - 13 , 559 . 00
Total $110, 943 . 73
25% Assessed
25% x $110, 943 . 73 = $27 , 735 . 93
Assessment Rate
Scott Street = $6, 718 . 30/10 Lots = $671. 83 Per Lot
Shumway Street = $27 , 735. 93/30 Lots = $924 . 53 Per Lot
Summary of Assessed/Non-Assessed Costs
Assessed Non-Assessed Total Cost
Scott Street $6,718.30 $20, 154.90 $26,873 .20
Shumway Street $27,735.93 $96,766.80 $124, 502 .73
Totals $34,454 .23 $116,921.70 $151,375. 93
RESOLUTION NO. 3474
A Resolution Adopting Assessments
For Shumway Street, 3rd Avenue To 6th Avenue And
Scott Street, 6th Avenue To 7th Avenue
Project No. 1991-1
WHEREAS, pursuant to proper notice duly given as required by
law, the City Council of the City of Shakopee met and heard and
passed upon all objections to the proposed assessments of:
Shumway Street, 3rd Avenue to 6th Avenue and Scott Street,
between 6th Avenue and 7th Avenue by street reconstruction
including pavement, curb & gutter and storm sewer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA:
1. That such proposed assessment together with any amendments
thereof, a copy of which is attached hereto and made a part hereof,
is hereby accepted and shall constitute the special assessment
against the lands named herein and each tract therein included is
hereby found to be benefitted by the proposed improvements in the
amount of the assessments levied against it.
2 . Such assessments shall be payable in equal annual install-
ments extending over a period of ten (10) years, the first
installment to be payable on or before the first Monday in January,
1992 , and shall bear interest at the rate of 7.75 percent per annum
from the date of the adoption of this assessment resolution. To
the first installment shall be added the interest on the entire
assessment from the date of this resolution until December 31,
1992 and to each subsequent installment when due shall be added the
interest for one year on all unpaid installments.
3. The owner of any property so assessed may, at any time
prior to certification of the assessment to the County Auditor, pay
the whole of the assessment on such property, with interest accrued
to the date of payment, to the City Treasurer, except that no
interest shall be charged if the entire assessment is paid within
thirty (30) days from the adoption of this resolution; he may
thereafter pay to the County Treasurer the installment and interest
in process of collection on the current tax list, and he may pay
the remaining principal balance of the assessment to the City
Treasurer.
4. The Clerk shall file the assessment rolls pertaining to
this assessment in her office and shall certify annually to the
County Auditor on or before October 10th of each year the total
amount of installments and interest which are to become due in the
following year on the assessment on each parcel of land included in
the assessment roll.
Adopted in session of the City Council of the City
of Shakopee, Minnesota, held this day of , 19
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
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MEMO TO: Dennis R. Kraft, City Administrator
FROM: Terrie A. Sandbeck, Assistant City Planner
RE: Request for Appraisal
Park Dedication Fee Determination
Eagle Creek Junction, 3rd Addition
DATE: October 1, 1991
INTRODUCTION:
At their meeting on August 20, 1991, the Shakopee City Council
approved the final plat for Eagle Creek Junction, 3rd Addition.
One of the plat conditions requires a park dedication fee in lieu
of park land dedication. To determine the park dedication fee
requirements, an appraisal is needed to better define the market
value of the land in the subdivision.
BACKGROUND:
On January 8, 1991, the City Council amended that portion of the
City Code which regulates park dedication requirements. The
previous fee schedule method, which used a cost per dwelling unit
basis, was determined by the courts to not comply with state law.
The new method for determining park dedication fees is based on the
fair market value of the undeveloped land in the proposed
subdivision. The ordinance lists four sources to establish the
fair market value of undeveloped land. They are as follows:
1. The price of the subject land sold within the past year.
2 . An appraisal performed for or on behalf of the City within the
past year.
3 . An appraisal performed for or on behalf of the subdivider
within the past year.
4 . The value determined by the County Assessor is used to
determine the market value of the land for tax purposes.
DISCUSSION:
The estimated market value from the Scott County Assessor' s Office
for the land within the subdivision plat is approximately $6, 962
per acre. The area within the proposed plat is approximately 15
acres. The City Ordinance requires a 10% land dedication or 10% of
the value of the land. In this case, 10% of the land value would
equate to approximately $10, 520. When the percentage of land for
the outlot is subtracted, and this value is applied against the
number of lots to be developed (22) , a $258 . 22 per lot park
dedication fee would be required for this R-3 (multi-family
residential) subdivision. Utilizing the estimated market value
from the Assessor' s Office would result in the City collecting only
$5, 680. 84 for park dedication fees for the plat, minus the outlot.
Park dedication for the outlot will be figured when it is platted.
The estimated market value from the Assessor' s Office is used
primarily for establishing property tax rates. When compared with
fair market values, the estimated market values have sometimes been
lower. When the park dedication formulas are applied to the
estimated market values from the Assessor' s Office, a low park
dedication fee is the result.
Staff is requesting the authorization to obtain an appraisal in
order to establish a more representative property value. The
appraisal services will not exceed $800. 00. The funding source for
the proposed appraisal would be the Park Reserve Fund.
ALTERNATIVES:
1. Move to authorize an appraisal on the proposed plat of Eagle
Creek Junction, 3rd Addition at a cost not to exceed $800. 00.
2 . Utilize the current estimated market value from the County
Assessor' s Office to figure the park dedication fee.
3 . Table action pending information from staff.
STAFF RECOMMENDATION:
Staff recommends alternative #1.
ACTION REQUESTED:
Move to authorize obtaining an appraisal on the proposed plat of
Eagle Creek Junction, 3rd Addition at a cost not to exceed $800. 00.
/ 71
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Barry A. Stock, Assistant City Administrator
RE: Downtown Parking Analysis
DATE: September 25, 1991
INTRODUCTION:
For the past two months, staff has been gathering information
regarding the availability of parking in the downtown area. Both
the Downtown Committee and Community Development Commission (CDC)
are recommending that City Council consider taking action to
facilitate the development of additional parking in the downtown
area.
BACKGROUND:
The parking lots, located north of 1st Avenue, have been condemned
by the State Department of Transportation. According to MN/DOT
representatives, the City must vacate the parking lots by April 20,
1992 .
MN/DOT staff has informed the City that if the City of Shakopee
accepts MN/DOT' s condemnation award, it may be possible to
negotiate a lease for the continued use of the parking lots.
MN/DOT officials have stated that they cannot guaranteed continued
use of the parking lots beyond April 20, 1992 . MN/DOT officials
have stated that it may be possible for the City to negotiate with
the contractor who will be awarded the project for continued use of
the parking lots beyond April 20, 1992 .
Shown in Attachment #1 is a summary of the property that MN/DOT
will be acquiring from the City of Shakopee in whole or for
temporary easement purposes. Note that the City of Shakopee will
be receiving total funds in excess of $260, 000 for the property
that will be acquired. The Shakopee HRA will be receiving an
additional $53 , 400 for the property formerly occupied by the Opera
House.
Shown in Attachment #2 is a summary of a parking analysis that
depicts actual parking spaces available before and after certain
phases of the Downtown Redevelopment Project. You may remember
from earlier meetings that the net effect on parking in the
downtown area upon completion of Phase I and Phase II will result
in a net gain of one parking stall in the downtown area. However,
during the actual construction, the 187 stalls located within the
City Hall lot and the parking lot adjacent to the Senior HiRise
will be unusable. Both the Downtown Committee and the CDC believe
that it is critical to identify additional parking space South of
1st Avenue to accommodate the needs of the businesses located on
the North side of 1st Avenue. The business needs to be addressed
are those of the property owners located on the City Hall block.
Since all the businesses will have to be vacated that are presently
1
occupying the block immediately West of the City Hall block, there
should be no parking demand within that area, with the exception of
several persons who reside in the Senior HiRise that utilize the
City parking lot adjacent to the Senior HiRise. Staff believes
that there are less than five cars occupying the City parking lot
that can be attributed to the Senior HiRise.
In terms of the City Hall block, the major employers include the
City of Shakopee and Amzak Cable. The City of Shakopee presently
utilizes approximately 22 parking stalls within the parking lot for
employee use. The Cable Co. has approximately 4 persons who are
using the parking lot. Additionally, when determining the need for
additional parking as a result of the taking of the City Hall
parking lot, we must include the parking demand exhibited by the
Shakopee Recreation Dept. Currently there are 3 full-time
employees utilizing parking at the Recreation building who will be
relocated into the new City Hall in 1992 . Finally, the parking
demand should also include the number of City fleet vehicles that
are being parked on City Hall property when determining overall
impact following our move to the new facility. Currently the City
utilizes approximately 7 parking stalls for fleet vehicles. When
the parking demands of all concerned parties are added together,
the need for 34 additional eight hour stalls can be identified.
Staff' s analysis does not take into consideration additional
parking for walk-in traffic to the aforementioned business
establishments. Short term and long terms parking needs of several
of the other businesses located in the City Hall block can be
accommodated through the parking that is adjacent to their property
and not located within the City Hall parking lot.
The parking analysis conducted by City staff indicates that there
is not a shortage of parking on the South side of 1st Avenue at
this time. (See attachment #3 . ) However, it does not appear that
there is adequate space to accommodate the parking demand for 34
additional cars over an eight hour period. This takes into
consideration the fact that when the Marquette Bank is relocated,
they will not significantly reduce the burden on parking in the
downtown area. Staff would like to point out that the vast
majority of the Marquette Bank employees presently park within
their parking lot adjacent to the Auto Bank facility on Holmes St.
which has 26 parking stalls. Very few, if any of their employees,
are presently parking in the 2nd Ave. parking lot.
Based on this information, the Downtown Committee and CDC believe
that it is critical for the City to identify a suitable site for
approximately 34 additional eight hour parking stalls in the
downtown area. The Downtown Committee and CDC also recognize that
the need for the additional 34 cars may only be an issue during the
actual mini bypass construction. In light of this, the possibility
of leasing space from a property owner in the downtown area has
also been evaluated.
2
Staff in conjunction with the CDC and Downtown Committee have
identified three areas within the downtown are that would be
suitable for future parking lots. (See Attachment #4) The first
site is the former Pelham Hotel site. The property is presently
owned by Gene Brown and consists of two 60 'x 142 ' lots. Staff ' s
cost estimate to acquire the property is approximately $107 , 000.
The estimate cost to improve the site for parking purposes ranges
between $25, 000 and $30, 000. If the site were developed for
parking, it would create between 40 and 46 new parking stalls. In
the past, Mr. Brown has stated that he would not be willing to
entertain the possibility of leasing this property to the City for
temporary parking needs.
The second alternative considered as a potential parking lot site,
is located on the City owned property located behind the Library.
This parcel is approximately the same size as the Brown property
and subsequently would generate the same number of parking spaces.
The City would obviously not incur any acquisition costs if this
alternative were pursued. Therefore, the cost estimate for this
alternative would range between $25, 000 and $30, 000.
The third alternative site identified is located adjacent to Fuller
St. and is owned by Mr. Wampach. The site, which is located at the
southwest corner of 3rd Ave. and Fuller St. , encompasses several
city lots. Since the site is comparable to the other two
alternatives in terms of size, the same number of parking spaces
could be generated if this alternative were pursued. Staff
believes that this site is least desirable of the three
alternatives, due to its somewhat inconvenient proximity to the
potential users of said parking lot. Therefore, acquisition
estimates and potential leasing costs have not been explored.
The fourth alternative evaluated relates to leasing property.
Currently Marquette Bank owns the parking lot adjacent to their
Auto Bank facility at the corner of 3rd and Holmes St. The lot is
approximately 8 , 520 sq. ft. and provides parking for 26 cars.
Marquette Bank officials have expressed an interest in leasing said
property to the City. Shown in attachment #5 is a correspondence
from Mr. Mike Phillips, Vice President/Cashier Marquette Bank
indicating a suggested annual leasing arrangement for the parking
space adjacent to their Marquette Auto Bank.
After evaluating the aforementioned alternatives the CDC felt that
at this time the most cost effective alternative would be to
develop the parking lot behind the Library and temporarily lease
space from Marquette Bank at their Auto Bank. The CDC believes the
other alternatives are both too costly in terms of acquisition
costs and lost property tax revenue. Therefore, the CDC is
recommending that the appropriate City officials be authorized to
prepare specifications for the parking lot improvement behind the
Library and that a lease agreement be negotiated for temporary
3
parking near the Marquette Auto Bank facility. The CDC is also
recommending that a portion of the funds generated from the sale of
the parking lots be used to fund the parking lot improvement and
proposed leasing arrangement.
ALTERNATIVES:
1. Authorize the appropriate City officials to prepare plans and
specifications for the development of a parking lot behind the
City Library.
2 . Authorize the appropriate City officials to negotiate a lease
agreement with Marquette Bank to lease property for parking
purposes adjacent to the Auto Bank facility.
3 . Recommend to the City Council that the appropriate City
officials be authorized to order an appraisal of the Gene
Brown property.
4 . Table action pending further information from staff.
5. Do not pursue the development of additional parking on the
South side of First Avenue at this time.
STAFF RECOMMENDATION:
Staff recommends alternative #1 and #2 .
ACTION REQUESTED:
Authorize the appropriate City officials to prepare plans and
specifications for the development of a parking lot behind the City
Library and negotiate a lease agreement with Marquette Bank to
lease property for parking purposes adjacent to the Auto Bank
facility.
AU/BS/PARKING.DT
4
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Attachment 0I 2
DOWNTOWN PARKING ANALYSIS 10/28/88
Phase I (Actual)
Before After Net Gain/Loss
Sommerville St.
45 46 + 1
(First Ave. - 3rd Ave. )
Lewis St.
38 58 +20
(First Ave. - 3rd Ave. )
Holmes St. 39 48 + 9
(First Ave. - 3rd Ave. )
Fuller St. 33 45 +12
(First Ave. - 3rd Ave. )
Atwood St. 33 35 + 2
(First Ave. - 3rd Ave. )
Second Ave. 58 47 -11
(Sommerville - Atwood) +33
246 279
Parking Lots - 1
* Lewis St. 39 38
Fuller St. 37 39 + 2
2nd Ave. Lot 70 82 +12
+13
Sub-Total +46
*One stall was forfeited to make two handicapped stalls
MINI-BYPASS IMPACT
Phase II (Projected)
Parking Lots North of First Avenue
Before After Net
Mini-Bypass Mini-Bypass Gain/Loss
City Hall Lot 89 0 - 89
Brambilla Lot 99 99 - 0
New Lot 0 16
- 73
1. First Ave. 94 122 + 28
(Between Spencer & Atwood)
Sub-Total - 45
Net effect on parking upon completion of Phase I and Phase II
Net gain of 1 stall .
1. Assumptions - A. Diagonal parking on the North and South side
of First Ave.
B. 1100 ft. of parking frontage.
C. Parking stall width of 9 ft.
ATTACHMENT # 3
Longitudinal Parking Analysis
Final Report
Between July 29, 1991 and August 29 , 1991 the parking lots and on-
street parking within the downtown area were surveyed at several
specific time intervals and on several different occasions. The
parking analysis did not take into consideration the fact that the
parking lots located north of 1st Ave. will be out of service
between the spring of 1992 and the fall of 1993 .
2nd and Lewis Parking Lot - 6 two hour spaces, 31 eight hour spaces
At all times surveyed, the eight hour parking seemed to be
adequate. On most occasions there were more than two empty eight
hour spaces available at all times surveyed. The majority of the
eight hour parking spaces are utilized for time periods of between
four and eight hours. (Between 60% and 90% of the cars utilizing
the eight hour stalls were there all day. )
There does seem to be a need for additional two hour parking spaces
in the 2nd and Lewis St. lot. However, there are more than
adequate two hour spaces available in the 2nd Ave. parking lot.
Therefore, staff does not feel that there is a need for rearranging
parking signage in the 2nd and Lewis St. parking lot at this time.
Overall, the parking facility provides adequate space at all times
of the day. Keep in mind that the eight hour spaces can be
utilized for time periods of less than eight hours.
2nd and Fuller - 6 two hour spaces , 32 eiaht hour spaces
The situation in the 2nd and Fuller St. lot is similar to that of
the 2nd and Lewis St. lot. There are between 5 and 12 empty spaces
available at all times surveyed. Again, the eight hour spaces are
mostly utilized for four to eight hours.
The two hour parking was usually half full at all times surveyed,
with most of the cars remaining in the two hour stalls for over the
two hour limit.
Overall, the parking facility seems to provide more than adequate
space at all times of the day.
2nd Avenue Parking Lot - 42 two hour spaces, 12 four hour spaces ,
24 eight hour spaces
The peak usage for two hour parking was 7Q% , occurring between
12 :00 p.m. and 1: 00 p.m. On no occasion during the survey
intervals, did the two hour parking exceed 70% occupancy.
Additionally, roughly half of the cars parked in the two hour
spaces do not comply with the posted time limit.
The four hour parking stalls also seem to be under-utilized. At no
time during the survey intervals did parking within the four hour
stalls available, exceed 70%. Additionally, the car utilizing the
four hour parking are not observing the posted limit.
The eight hour parking available within the 2nd Ave. lot was
usually at or near capacity, with the majority of the vehicles
utilizing the stalls staying the eight hour limit. One might
conclude that additional eight hour parking spaces need to be
identified in the downtown area. However, when on street parking
is taken into consideration, it appears that there are adequate
eight hour on-street parking sites available to accommodate those
business owners and/or employees who need to park in the downtown
area for a longer period of time.
On-street Parking
The on-street parking on Fuller, from 2nd Ave. to 3rd Ave. (eight
hour - 20 stalls) is not being utilized to any great degree.
The on-street parking on Holmes, Lewis and 2nd Ave. , all seemed
adequate. On Holmes and Lewis there was a small amount of
noncompliance to the two hour limit. There is also eight hour
parking on Holmes St. between 2nd and 3rd Ave. (18 stalls) that is
not being utilized to any great degree.
Staff would recommend that downtown business owners be informed of
the eight hour on-street parking that is available on Fuller and
Holmes St. between 2nd and 3rd Ave. This could divert some of the
overcrowding that is presently occurring in the eight hour parking
within the 2nd Ave. lot and the Lewis St. lot.
SUMMARY:
After reviewing the downtown parking, it appears that there is more
than adequate parking available within the downtown area at all
time periods. However, when City Hall is relocated to the
Marquette Bank building, 34 eight hour parking stalls will moving
into the downtown area South of 1st Ave. Presently, the Marquette
Bank employees are utilizing their auto bank facility parking lot
to accommodate the needs of their employees (Approximately 15
employees) . Staff is not aware of any negotiations underway with
Marquette Bank to lease a portion of the auto bank facility parking
for City Hall employee needs. Additionally, the parking lots
located North of 1st Ave. will be out of service between the spring
of 1992 and the fall of 1993 . Additional eight hour parking stalls
should be identified South of 1st Ave. to accommodate the needs of
business owners and employees who are presently occupying office
and/or retail space on the North side of 1st Ave.
Attachment # 4
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Marquette Bank
Shakopee,N.A.
129 South Holmes
PO Box 68
Shakopee. MN 55379-0068
(612)445-6300
September 13 , 1991
Barry Stock, Assistant City Administrator
City of Shakopee
129 E. Levee Drive
Shakopee , MN 55379
Dear Barry:
In response to your inquiry concerning auto bank parking
facilities, the following is our proposal for a monthly rental fee:
1991 Assessed Valuation $220 , 000
Portion of property to be rented 25%
Valuation for parking lot $ 55 , 125
Rate 12%
Annual fee $ 6 , 615
Cost Per Stall
Monthly Fee $ 551 . 25
divided by 26 parking stalls 26
Cost per stall per month 21 . 20
The above figures are open for discussion as well as other lease
terms.
Sincerely,
11/(ICIW1 (11Michael A. Phil
ps
Vice President & Cashier
MAP/sr
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/ 3w
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerk
RE: Application for Wine and 3 .2 Beer Licenses -
Shakopizza, Inc.
DATE: September 26, 1991
INTRODUCTION & BACKGROUND:
The City has received applications from Shakopizza, Inc. for
On Sale Non-Intoxicating Malt Liquor License and for a Wine
License. The applicant will be occupying the restaurant at 483
South Marschall Road, formerly occupied by Something Italian. The
trade name of the business will be Broadway Station.
The applications are in order. The Police Department is
conducting the required background investigation. They will have
their report ready for the October 1st Council meeting. The
Certificate of Insurance for the liquor liability requirements
shall be filed with me prior to the October 1st Council meeting.
Assuming that the background investigation is positive and
that the appropriate Certificate of Insurance is filed prior to the
October 1st Council meeting, the application will be in order for
Council 's consideration.
ALTERNATIVES:
1. Approve applications and grant licenses.
2 . Deny licenses.
3 . Table applications.
RECOMMENDED ACTION:
Approve applications and grant an On Sale Non-Intoxicating
Malt Liquor License and a Wine License to Shakopizza, Inc. , 483
South marschall Road, effective October 14, 1991.
NOTE: If the application is not in order, the Council will be
advised at the City Council meeting; and, the recommended
action would be to table the applications.
JSC/tiv
/3a,
_ ` ` City of Shakopee
X1-,1 *, `y =1
� � ` kPOLICE DEPARTMENT = r r r
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{� 476 South Gorman Street
-;•;_:*. � SHAKOPEE, MINNESOTA 55379 .
T T C �` Tel. 612/445-6666 ,_ '
Fax. 612/445-2313
-
`�iM ESC ''./.' ..'. ,-L'�
•
October 1, 1991
TO: JUDY COX, CITY CLERK
FROM: TOM STEININGER, CHIEF OF POLICE
SUBJECT: APPLICATION FOR LIQUOR LICENSES
APPLICANT: KENNETH BRUCE STERBUCK/PATTI KAY LAURSEN STERBUCK
After completing the required background checks and investigations,
the Shakopee Police Department can find no cause to deny issuance
of a liquor license to the above named applicant doing business as
Shakopizza, Inc.
/ 414-- A-,/,' ,-//
`-Signed Date
g 0 CS EtVE JO YOtE=t
l3 '
MEMO TO: Dennis Kraft, City Administrator
FROM: Dave Hutton, Public Works Director
SUBJECT: Eagle Creek Third Addition
DATE: September 23, 1991
INTRODUCTION:
The developer of the Eagle Creek 3rd Addition is requesting that
the City of Shakopee waive or modify one of the requirements in the
Standard Specifications for Public Works Construction.
BACKGROUND:
The City of Shakopee has adopted Standard Specifications for Public
Works Construction. These standards were adopted by Resolution No.
1514 in 1979 and amended (by resolution) in 1986 and 1989.
Past revisions were minor in nature and were mainly to update the
construction requirements based on new technology or engineering
methods.
The purpose of adopting Standard Specifications is to protect the
public interests, provide consistency and uniformity in
construction and to avoid creating individual specifications and
requirements for each development or project. The City of Shakopee
Standard Specifications are quite similar to other Cities, Counties
and State requirements and utilize current engineering standards.
One of the standard requirements for sanitary sewer installation is
that the sewer must be at least 9 feet deep at the property line.
(See the attached Page 6 from the Standard Specifications) . The
reason for this requirement is to provide adequate sewer depth to
serve any kind of development including full basements. If the
sewer is less than 9 feet deep, homes with full depth basements
cannot be served.
A secondary reason for the 9 foot depth is to maintain the required
18 inch vertical clearance with the watermain, which is required to
be at least 7 1/2 feet deep to prevent freezing.
The Engineering Department has consistently enforced this 9 foot
requirement on all developments and sewer installation. The only
time exceptions have been allowed were in isolated, infrequent
situations where there were physical limitations in the sewer
system, such as a shallow manhole.
The developer of the Eagle Creek 3rd Addition has submitted plans
to staff which proposes only 6.5 feet of cover over the sewer main,
at the shallowest place. The existing manhole in Roundhouse Circle
is 9 feet deep, but because the topography of the new subdivision
drops off from that point, the sewer design for the new addition is
only 6.5 feet deep, using the minimum allowed slopes.
The developer has requested that the Engineering Department waive
our standard requirements for the following reasons: a) they are
proposing all split entry duplexes, hence there will be no full
basements b) the bedrock in the area is very high, hence the
construction cost will be higher to deepen the sewer, and c) they
are connecting up to a fixed elevation at the existing manhole
which cannot be lowered. (See attached letter)
The Engineering Department has reviewed this request and has denied
it for the following reasons:
a) Staff is unaware of any full-proof methods that would guarantee
full basements would not be constructed and are merely looking out
for the public interests.
b) There are other alternatives such as connecting up to the
deeper trunk sewer along C.R. 16 or filling the site to achieve the
desired sewer cover without lowering it or a combination of the
above alternatives. In discussing these improvements with
contractors and in preparing in-house cost estimates, it does not
appear to staff that it would increase the overall project costs
substantially.
c) The Standard Specifications were created for exactly this
reason - to avoid having to defend or justify those requirements
for each and every project. The specifications have worked well
since 1979 and staff sees no reason for changing them.
d) Staff has uniformly enforced these provisions in other
subdivisions, which undoubtedly raised the cost of those
developments. Staff is concerned about future developers
requesting a waiver based on the decision affecting this situation.
Basically, staff does not feel there is any justification or
engineering reasons for waiving the specifications. The request is
mainly to keep the project costs as low as possible.
The City Attorney has indicated that the City can obtain assurances
that no full basements will be utilized by adding a provision to
the developer's agreement and by placing deed restrictions on each
and every lot. The developer is requesting that the City Council
consider that option and if agreeable, amend this specification to
allow that as an option.
The City Attorney has also indicated that if the Council wishes to
explore that option, the Standard Specifications should be revised
accordingly. Language similar to the following could be added to
Section 4 . 00 of the sewer specifications:
"If the developer agrees to construct only split entry homes
with a maximum basement depth of 6 feet as a condition of the
plat approval and guaranteed by deed restrictions and if the
presence of bedrock makes it undesirable to install the
standard depth sewer, the developer may appeal to the City
Council for a waiver of the 9 feet sewer depth" .
ALTERNATIVES:
1. Approve of the request and direct the appropriate City
officials to prepare a Resolution amending the Standard
Specifications for Public Works Construction.
2 . Deny the request.
RECOMMENDATION:
The Engineering Department recommends denial of the request. To
date there has been no documentation submitted by the developer
showing any financial hardship would exist by conforming to the
specifications. In addition, there are other alternatives
available which have not been fully explored and there is no
engineering reason for changing this requirement. Staff feels that
it would not be in the best interest of the public to waive this
requirement and it may have an impact on future developer' s
requests.
Staff would also like to point out that the resolution approving
the final plat states that the developer agrees to construct the
streets and sanitary sewers in accordance with City of Shakopee
Standard Specifications. If the developer planned on seeking a
waiver on the sewer depth specification, it should have been
brought up during the plat approval process.
The City Attorney and Administration recommend approval of the
request if a) language were incorporated into the developer' s
agreement covering the maximum basement depth allowed, b) deed
restrictions were placed on every lot, and c) if the Standard
Specifications were revised to include a provision to waive this
standard based on the criteria outlined previously.
ACTION REQUESTED:
Discuss the request and provide staff with the appropriate
direction.
DH/pmp
3 .02 NEW SUBDIVISIONS. Before work begins on these parts,
NI
the developer is scheduled to grade the street to grade with
• no spot elevation to vary over 0 .5 feet, and overall grading
II
to within 0 .2 feet. After the utilities are installed , the
existing backfill material shall be compacted and reshaped to
the required section as shown on the detail plan , and noted in 11
the Standard Specifications. All excavation and shaping of
these streets shall be incidental to the other items of the
contract . di
SECTION 4 .00 SEWER SERVICE INSTALLATION (2621 .3E) :
Generally, a 4 inch or 6 inch wye shall be used in the main line. II
An approved adaptor or other approved method of connection to the
wye shall be installed.
When cast iron or ductile iron service pipe is used , the sanitary II
wye shall be a standard cast iron soil pipe fitting with slip
joint and plug installed , watertight.
House connections shall be kept as deep as required to serve the
property, with a minimum depth of 10 feet in the street and not
less than 9 feet at the curbline. All exceptions to be approved II
by the Engineer.
All house connections shall be sealed by capping with cast iron
stoppers firmly in place, or by other methods approved by the
Engineer, which shall effectively prevent water from entering the
sewer until the connection is placed in service.
SECTION 5 .00 MANHOLE STRUCTURES: On streets that are not at
design grade, sewer manholes shall be built with such additional
adjusting rings or short manhole sections as necessary to allow
for adjustment of the street to the proposed grade as shown on
the plans. On other streets, manholes shall be set as shown on
the standard detail sheets. Manhole casting tops shall be 1 /4 II
inch below the street surface , when the street is paved .
On gravel streets , manhole casting shall normally be placed 2 11
inches below gravel surface. The thickness of gravel within the
depressed area shall be the same as the street.
The Contractor, with the approval of the Engineer, where standard 11
manhole sections cannot be used , as in junction and transitional
manholes , may construct such sections of brick, concrete , or a
combination of such materials set on a concrete base . The
outside of brick or block manhole sections shall be plastered
with Portland Cement grout as directed. Hollow concrete block
will not be allowed for any manhole construction.
11
6
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The Laurent Building LA U R E N T CorporateOffice
ace
128 South Fuller Street. Shakopee, MN 55379 B u L D E R S, II N c.
August 29, 1991
Mr. Dave Hutton
City Engineer
City of Shakopee
RE: Eagle Creek Junction 3rd Addition
Dear Dave,
As you are aware, our proposed construction plans show sanitary sewer at
depths slightly less than the nine foot minimi generally sought by the
City. This is because the depth of the existing pipe stubbed to serve
this project from the east is itself less than nine feet. (This fact
leads one to wonder if a previous City Engineer made exception to policy
because of bedrock.)
Per your request, we have explored the option of bringing sewer service
in from the west end by crossing County Road 16; and the option of
splitting the sewer system with a portion of the project served from
each end. Both of these options would require that sewer be installed
for greater distances and much greater depths than our proposed plan.
The fact that this site has bedrock very near the surface, makes the
options unfeasable. The additional blasting and rock removal increases
sewer costs by as much as 50%. In addition, the sewer crossing of County
Road 16 would result in about $4,000.00 in costs to the City per an
agreement made in 1987. Utilizing either of those options provides no
better service to the project; as our proposed construction plans provide
service to all lots. Although our proposed plans could provide service
to full basements, all proposed dwellings are of a split entry (1/2 basement)
or slab on grade design; thus providing the margin in grade intended by
the City policy.
Ne do feel thc
__inn f of s..7er depth policy is a good one and one
that works well inHostsituations. However, in this project t'�e
following four extraordinary circumstances form some justification for
a different criteria:
1. The depth of existing service to the project is less than nine
feet;
2. Bedrock exists near the surface, greatly increasing construction
costs;
3. Part of the increased cost would be paid by the City;
4. All proposed dwelling units are predetermined to be one half
basements or shallower.
BUILDERS • DEVELOPERS
4:67
The Laurent Building LA U R E N T Corporate Office
128 South Fuller Street. Shakopee, MN 55379g U I . D E R S,41 N c. (612) 445-6745
Mr. Dave Hutton
City Engineer
August 29, 1991
Page 2
Please review this situation and let us know if there is any further
information you need.
Sincerely,
gcczu.0.•.1r
Ranay R. Laurent
Vice President
RRL;at
BUILDERS • DEVELOPERS
13C
CONSENT
Without detailed checking, Finance staff is not aware of any bills
in the attached bill lists that would cause the respective division
to exceed the division total budgets adopted by Council .
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13A
MEMO TO: Dennis Kraft, City Administrator
FROM: Dave Hutton, Public Works Director
SUBJECT: 5th Avenue Project
DATE: September 25, 1991
INTRODUCTION:
Staff is requesting City council direction on the schedule for
completing the 5th Avenue/Market Street Project.
BACKGROUND:
The 5th Avenue/Market Street Project had a final completion date in
the contract of August 1, 1991. Staff had requested that the
contractor postpone the placement of the final wear course of
asphalt until after October 1, 1991 in order to give the property
owners of the vacant land adjacent to these streets an opportunity
to plat their lands to identify all sewer/water service locations.
All of the vacant land south of 5th Avenue and west of Market
Street adjacent to this project has been platted and all services
installed to the lots. Staff believes that all property owners
interested in platting their property have already done so and that
there is no reason to hold up the final completion for that
purpose.
But another issue has come up recently involving the City owned
property (See attached map) . The realtor hired to market this
property is recommending that it be rezoned from R-2 to R-3 or R-4 .
This issue has been discussed by the Community Development
Commission and is scheduled to be discussed by the Housing
Redevelopment Committee and if viable, will eventually go to the
Planning Commission for a recommendation to the City Council. The
rezoning would include the City property (Gelhaye/railroad land) ,
Outlot A (HRA) , Theis property and possibly the Siebenaler
property.
Sewer and water services are stubbed out to all these vacant
properties for service to single family homes or duplexes. If a
rezoning would occur, multi-family apartments would be allowed
which require larger water services and larger sewer services. If
these properties were developed as multi-family, additional street
cuts would be required to install the larger services.
ALTERNATIVES:
Because the issue of rezoning the City property may take some time,
staff would like some direction on the final construction deadline
for this project. Staff feels the following options are available.
1. Postpone the placement of the wear course of asphalt until
1992 to allow time for the rezoning issue to be resolved.
This alternative will increase the final project costs for two
reasons. First, all of the manholes will need to be lowered
to avoid being struck by snow plows, which could severely
damage the trucks. Secondly, the contractor will undoubtedly
request an increase in the unit price for the asphalt for the
one year delay, if for no other reason than to cover the costs
due to inflation. Staff would concur with the contractor on
that request and feels the request would be justified.
Staff has contacted the contractor to obtain a rough estimate
of the increased costs based on the above two reasons and he
has indicated that he must finish the construct this year as
specified due to his bonding capacity for next year's
projects. Therefore, if the City were to finish the project
next year, a new contractor would need to be hired which would
further increase the overall costs. Based on our contract,
this option may not even be available to the City.
2 . The second option would be to go ahead and finish the project
this fall and let the rezoning and development issues take
their course. The rezoning may not occur or the actual sale
and development of this property may take several years.
If the City council elects this option and there is the need
to install new services due to development, the Council should
be prepared to waive their policy on no street cuts for 5-
years once a new street is constructed.
RECOMMENDATION:
Staff recommends Alternative No. 2 , which is to complete the
project as scheduled, based on our contractual obligations.
The 5-year no street cut policy is a good policy and is designed to
protect new streets from utility cuts such as telephone, gas,
electric, etc. as well as sewer/water services. It forces the
utility companies to plan ahead and to update their systems at the
same time as the City reconstructs the streets.
But there is nothing sacred about the policy and sometimes there
are situations that can't avoid the policy. Staff believes that
this is one situation that merits a waiver of the 5-year policy, if
needed due to future development of this area.
ACTION REQUESTED:
Move to direct the appropriate City staff to complete the 5th
Avenue/Market Street Project as scheduled and to officially go on
record as recognizing that the "5-year no street cut policy" may
need to be waived on 5th Avenue between Spencer and Market Street
and on Market Street between Fourth and Seventh Avenue depending on
the final development of this area.
,_____- .
1111
1gill rAMAIN : • -_'-\
: : , : : ,,,,...,
�
MARKET
lie
MEMO TO: Dennis Kraft, City Administrator
FROM: John H. DeLacey, Engineering Tech. III
SUBJECT: JEJ Parking Lot, Bike Trail,
Basketball Court and Utilities
DATE: September 26, 1991
INTRODUCTION:
Bids have been received for the construction of the above
referenced items.
BACKGROUND:
Council previously authorized City Staff to advertise for bids and
construct a warming house/picnic shelter along with a parking lot,
bike trail, basketball court and utilities. The warming
house/picnic shelter is already under construction and staff has
received bids to perform the remainder of the work.
The low bidder on the parking lot portion of the project is
Bituminous Consulting & Contracting Company, Inc. in the amount of
$53 , 005. 50.
When City Council authorized this work to proceed they directed
staff to utilize $61, 000. 00 from the Park Reserve Fund to
supplement the $43 ,800. 00 in grant money the City has been
allotted.
Now that bids have been received on the remaining work, staff has
reviewed the entire budget for this project and is requesting City
Council to allocate additional money from the Park Reserve Fund.
The following breakdown of costs on the project is provided for
Council review:
Grading and Seeding $ 17,930.00 (Actual Amount)
Warming House/Picnic Shelter 37,850. 00 (Actual Bid)
Hockey Rink 3 , 300. 00 (Estimated)
Parking Lot, Basketball Court, 53, 005.50 (Actual Bid)
Bike Trail and Utilities
Provide Electrical Service 1, 000. 00 (Estimated)
Provide Gas Service 1, 000. 00 (Estimated)
TOTAL FUNDS ENCUMBERED $114,085.50
The total amount of funds currently allocated for this project are:
Park Reserve Fund $ 61, 000. 00
Grant Money $ 43 ,800. 00
Total $104,800.00
This leaves an imbalance of $9,285.50
In preparing the original estimate for the parking lot project,
staff had felt that only minimal storm sewer work would be needed.
Once in the design stage staff realized that more storm sewer was
needed. The amount of storm sewer work needed is $5, 055. 00. Staff
is recommending that this amount be utilized from the Storm Sewer
Fund. The rationale behind this being that the storm sewer work
will benefit Ruby Lane as well as the park site.
If Council should agree with this recommendation this would leave
an imbalance of $4,230. 50. Staff is recommending that the Park
Reserve Fund be utilized to offset the imbalance. In addition to
this amount, staff is requesting City Council to authorize a
contingency amount of $5, 000. 00. It has been City policy on
previous projects for the City to authorize a contingency amount
usually in the range of 10% - 15%. This allows staff to authorize
minor change orders on the project and making Council aware of them
as an informational item rather than continually asking Council for
more money. The $5, 000. 00 contingency represents less than 5% of
the total project amount. Staff is recommending the Park Reserve
Fund be utilized to cover the contingency.
ALTERNATIVES:
1. Authorize City staff to award the contract for the parking
lot, bike trail, basketball court and utilities to Bituminous
Consulting & Contracting Company, Inc. in the amount of
$53 , 005.50.
2 . Authorize City staff to utilize the Storm Sewer Fund in the
amount of $5, 005. 50 and further allocate an additional
$9,230.50 from the Park Reserve Fund ($4,230. 50 imbalance +
$5, 000. 00 contingency) .
3 . Do Nothing.
RECOMMENDATION:
Staff recommends Alternatives No. 1 and No. 2 .
ACTION REQUESTED:
1. Move to authorize the appropriate City officials to execute a
contract for the Parking Lot, Bike Trail, Basketball Court and
Utilities Project No. 1991-5 with Bituminous Consulting and
Contracting Company, Inc. in the amount of $53 , 005.50.
2 . Move to authorize the appropriate City officials to utilize
the Storm Sewer Fund in the amount of $5, 005. 50 and further
allocate an additional $9,230. 50 from the Park Reserve Fund
($4,230.50 imbalance + $5, 000. 00 contingency) .
COi\1SE1T
MEMO TO: Dennis Kraft, City Administrator
FROM: Dave Hutton, Public Works Director
SUBJECT: 1991 Sidewalk Replacement Program
DATE: September 24 , 1991
INTRODUCTION:
Attached is Resolution No. 3473, accepting bids and awarding the
contract for the 1991 Sidewalk Replacement Program.
BACKGROUND:
On September 3 , 1991, the City Council of Shakopee ordered the
advertisement for bids for the 1991 Sidewalk Replacement Program.
On September 24 , 1991, bids were received and publicly opened for
this project. A total of four bids were received and are
summarized in the attached resolution. The low bid was submitted
by Devin Construction of Monticello, MN in the amount of
$19, 348. 50.
The Engineering Department has reviewed all bids for completeness
and also the qualifications of Devin Construction, the low bidder,
and have determined that they are able to perform the work as
described by the plans and specifications.
There is $25, 000. 00 budgeted for this program. Since the bids were
quite low, staff is requesting authorization to increase the
contract amount by 25% or $4,837. 12 bringing the total contract to
$24 , 185. 62 in order to replace additional defective sidewalk.
Since 50% of the sidewalk is assessed, staff will contact
additional property owners that were not on the original list and
were not notified of the public hearing to see if they would be
willing to sign a standard waiver form to allow the sidewalk to be
replaced and assessed. Under no circumstances will additional
sidewalk be added to the contract without first obtaining the
waivers.
If no property owners (or few property owners) are willing to sign
the waivers, the entire additional 25% add-on to the contract will
not be utilized and those properties would be included in future
sidewalk projects rather than done as part of this project.
Attached is Resolution No. 3473 , which accepts the bid and awards
the contract for this project.
ALTERNATIVES:
1. Accept the low bid and award the contract to Devin
Construction.
2 . Reject the low bid and award the contract to another bidder.
3. Reject all bids and rebid.
RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
1. Offer Resolution No. 3473, A Resolution Accepting Bid on the
1991 Sidewalk Replacement Program, Project No. 1991-7 and move
its adoption.
2 . Authorize the appropriate City staff to increase the contract
quantities by 25% or $4,837. 12 if the appropriate waiver forms
are obtained from the affected property owners.
DH/pmp
MEM3473
RESOLUTION NO. 3473
A Resolution Accepting Bid On
The 1991 Sidewalk Replacement Program
Project No. 1991-7
WHEREAS, pursuant to an advertisement for bids for the 1991
Sidewalk Replacement Program, bids were received, opened and
tabulated according to law, and the following bids were received
complying with the advertisement:
Devin Construction $19, 348 .50
DN Con, Inc. $21, 909.00
F.C.C. I . $22, 636.00
AD Con, Inc. $22 , 814 .00
AND WHEREAS, it appears that Devin Construction, Route 3 , Box
100, Monticello, MN 55362 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 Devin Construction, in the
name of the City of Shakopee for the improvement of sidewalk by the
1991 Sidewalk Replacement Program, 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
' ON SENT
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerk
RE: Appointment of Election Judg s
DATE: September 20, 1991
INTRODUCTION AND BACKGROUND:
Minnesota State Statutes require that election judges be appointed
by the governing body prior to the election. The attached
resolution appoints judges for the November 5th City Election. All
judges have been contacted and have agreed to attend the required
training session and to work for the election.
The compensation for the judges contained in the resolution has
been increased by $. 25 per hour in compliance with the minimum wage
requirements and has been budgeted.
RECOMMENDED ACTION:
Offer Resolution No. 3472 , A Resolution Appointing Judges of
Election and Establishing Compensation, and move its adoption.
RESOLUTION NO. 3472
A RESOLUTION APPOINTING JUDGES OF ELECTION,
AND ESTABLISHING COMPENSATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,
MINNESOTA, that:
1. The following persons are hereby appointed Judges of
Election for the November 5, 1991 General Election for the five
polling precincts with the City of Shakopee designated in
Resolution No. 3260, adopted August 7, 1990:
FIRST PRECINCT:
Regular Judges Dorothy Breimhorst Winnie Anderson, Chair
Marie Kocks Claude Kolb
Ruth O'Rielly Susan Niewind
Hazel Eckland Len Kelzer
Evelyn Weckman Marge Radermacher
SECOND PRECINCT:
Regular Judges Beryl Barrett Marcella Schmidt, Chair
Marilyn Lana Susan Stolarcek
Barbara Runge Ethel Schneider
THIRD PRECINCT:
Regular Judges Maetta Jurewicz , Chair Jan Gerold
JoAnne Dircks Loretta Jaspers
Darlene Meuwissen Marinda Schmit
Lucille Odenwald Kathryn Marschall
Martha Skalskv
FOURTH PRECINCT:
Regular Judges Lillian Weinandt, Chair Sylvester Gerold
Edna Wangerin Muriel Koskovich
Pat Clemens Orma Kraai
Dennis Sigurdson Jermayn Leavitt
Laura Olson
FIFTH PRECINCT:
Regular Judges Joan Hart Virgilla Geske, Chair
Rudy Maurine Agnes Horeish
Carol Uhrhammer Carol Link
Louise Vyskoeil Thea May
2. The Election Judges shall be compensated for their work
at the rate of $4 . 25 per hour and the Chairperson of the Election
Judges shall be compensated at the rate of $4.75 per hour.
3 . The proper officials be and hereby are authorized and
directed to do and perform all acts necessary to carry out the
terms, intents, and purposes of this Resolution.
Adopted in adjourned regular session of the City Council of
the City of Shakopee, Minnesota, held this 1st day of October,
1991.
Mayor of the City of Shakopee
ATTEST:
City Clerk
City Attorney
CONSENT
Memo To: Dennis R. Kraft, City Administrator
From: Marilyn Remer, Sr. Accounting Clerk
Re: Certification of Delinquent Storm Drainage Utility Bills
Date: September 25, 1991
Information
Pursuant to Ordinance No. 176, past due storm drainage utility bills in
excess of ninety days past due of October 1st of any year, may be certified
to the County Auditor for collection with real estate taxes.
Background
Attached are lists of delinquent storm drainage utility accounts and
Resolution No. 3476 certifying such to the 1992 Real Estate Taxes. Notices
have been sent to these property owners advising them of this action.
Action Requested
Move to adopt Resolution No. 3476, a Resolution Certifying Delinquent Storm
Drainage Utility Bills for Collection on the Tax Rolls Payable 1992.
a
RESOLUTION NO. 3476
A RESOLUTION CERTIFYING DELINQUENT STORM DRAINAGE
UTILITY BILLS FOR COLLECTION ON THE TAX ROLLS PAYABLE 1992
WHEREAS, the Shakopee City Council did create a storm drainage utility
pursuant to Ordinance Number 176; and
WHEREAS, the storm drainage utility is supported by user fees collected by
utility bills; and
WHEREAS, some utility bills are delinquent.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,
MINNESOTA, that the delinquent storm drainage utility bills as listed on the
attached listing are hereby certified to the Scott County Auditor for collection
with the 1992 property taxes.
Adopted in session of the City Council of the City of the
Shakopee, Minnesota, held this 1st- day of October, 1991.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this day
of October, 1991.
City Attorney
\� \ \ SPECIAL ASSESSMENT ROLLS
FID MUNIC CD LEVY ANT .
270370110 -
-, 73 . $14.45
270380050 27 73 $14.45
270400290 97
33 $14.45
270400300 27 73 314.45
270410820 27 73 $14.45
270430020 27 77 $14.45
270470010 27 73 $14.45
270500010 27 73 $14.45
270510200 27
73 $14.45
270510210
27 73 $14.45
270520520 27 73 $14.45
270520531 27
- 73 $14. 45
270530010 27 72 $14. 45
270530080 27 73 $14. 45
270560140 27
270590010 _73 $14.45
270610160 � �° $14. 45
��
270620310 �\ $14.45
27 73 $14.45
270630010 27
73 $14.45
270630260 27 73 $14. 45
270650280 77
73 $1 .45
270670010 _. 73 $265.48
}270670020 27
70710020 73 �ss.42
270740110 �� 7» $14,45
77 73 $14.45
270750010
-. 33 $184.47
270830290 27 73 $14.45
270840060 97 73 $14.45
270940240 27 73 $14.45
270840470 27
73 $14.45
270860020 27 73 $2174. 11
270920040 27
73 $14.45
270920050 2. 73 $14.45
270920081 27 73 $14.45
270920130
27 73 $14.45
270920150 27 73 $14.45
270920270
` - -�- - �• 73 $14.45
271000010
271020200 73 $259.22
77 $14.45
271050010
27 7: $24 . 11
271110(20 27 7-
, - $227.09
271120130 27
271240010 -, 77 $14.45
271330244 27 73 $11 .02
27 33 $14.45
271370430 27 73 $14.45
271330330 ,
271450@60 77 $14. 45
27 $14.45
271450080 \
77 $14.45
271450110 7
77 $14.45
271450120
73 $14. 45
271460120 73 $14.45
2790300 70
,-
_i 73 $723.92
279060140 -
-7 7a $35.22
279060410 --7 73 $14. 45
-7996±420 2T 73 714.45
279,- - ' 5 27 77 $ L4. 1f
SPECIAL ASSESSMENT ROLLS
PID
MUNIC CO LEVY AMT
77 $21 . 13
270010260 \/ 72 $14.45
270010290 27 77 $14.45
270010310 77 33 $63.09
270010480 77 33 $322.59
270010590 __ 22 $22. 4
270010700 27 $1 6.24
270010720 27 73
270011420 27 73 126.22
77 22 $42.09
270011501 77 33 a91 .20
270011721 g
270011850 27 1
7 $666.76.71
270011940 27 g3 $$14.45
5
270012220 27 S7 33 $14.45
270012390 27 3 $54.66
270012581 27 777 $10.85
270012690 27
270012900 $14.45
27 73
5
27 73
200012961 27 73 $$1414..4475
270013300 77 33 $10.85 -
270013640 77 72 $46.76
270014090 _ 7\ $11 .3°
270014110 2 73 $34.39
270015200 27 - $46.76
� 7a
270015360 -7 73 3 $ .
270015630 27 77 $74.20
270016000 ,-
73 $46.76
270016230
270016270 77 33 $10.85
}\
73 $46.76
270016340
270016400 27 27 77 3 5
$$1100.8.85
270016520
6
270017600 «^8.77
27 7�
I $10.85
270018200 -7 1 $14 .45
270018240 27 73\ $14 .45
270020260 27 73
$46. 6
270040050 27 73 9
270040100 27 73 $1$111 .3.39
2700 27 73 210 73 $14.45
270040230 /\ 72 $14.45
270040472 77 77 $14.45
270040850 7\ $14. 45
270041660 27 73 $14.45
7a
270041710 2 - $265.295
270060170 - 73 $149.43
270060190 -, 77 $14.45
270080540 // gg $46.76
270120090 $14.45
7�
27017010527 77 33 $14.45
70170790 -
\70190090 27 7. $46.76$14.45
270240400 27 73 77 $14 .45
270240590 -77\ »14 . 45
270260030 -�_ $14. 45_
27 3
270360210 73 $14 . 43
270230220 ,7 7 \ $:-1 . AZ
27025«42« -
SPECIAL ASSESSMENT ROLLS
RID MUNIC CD LEVY AMT
279080060 2. 72 $1201 .46
279120140 2. 73 $467.05
279120210 27 73 $14.45
279120240 27 73 $557. 56
279130300 27 73 $14.45
279130350 2, 73 $14.45
279130380 27 73 $14.45
279130640 27 73 $14.45
279140012 27 73 $583.80
279140070 27 73 $14.45
279140122 27 77 $14.45
279150230 2, 73 $14.45
279160090 27 73 $14.45
279180030 2 73 $14.45
279180100 73 $14.45
279290010 2. 73 $14.45
279290071 27 73 $14.45
279290091 2 73 $14.45
TOTAL CERTIFIED AMOUNT $9842.77
END OF XEO FILE
CONSENT Cyd
Memo To: Dennis R. Kraft, City Administrator
From: Gregg Voxland, Finance Director
Marilyn Remer, Sr. Accounting Clerk
Re: Certification of Snow Removal and Weed Cutting Costs
Date: September 26, 1991
Information
Pursuant to City Code Section 7 . 04 the costs of snow and ice
removal may be certified to the county auditor for collection
with real estate taxes. The cost of weed eradication is
authorized by MSA 18 . 271.
Background
Attached is Resolution No. 3477 certifying snow removal costs
to the 1992 Real Estate Taxes and Resolution 3478 certifying
the cost of weed cutting to the 1992 Real Estate Taxes.
Billing invoices and past due notices have been sent to the
property owners and there has been no response.
Action Requested
1. Move to adopt Resolution No. 3477 , A Resolution Certifying
the Cost of Snow Removal from Public Sidewalks for
Collection on the Tax Rolls Payable 1992 .
2 . Move to adopt Resolution No. 3478 , A Resolution Certifying
the Cost of Weed Cutting for Collection on the Tax Rolls
Payable 1992 .
RESOLUTION NO. 3478
A RESOLUTION CERTIFYING THE COST OF WEED CUTTING
FOR COLLECTION ON THE TAX ROLLS PAYABLE 1992
WHEREAS, the Noxious Weed Act requires the occupant or owner of land to
destroy noxious weeds; and
WHEREAS, MSA 18.271, subd. 3 provides for the eradication of any noxious
weeds by local authorities when owners fail to cut down or destroy any noxious
weeds in compliance with served notices; and
WHEREAS, MSA 18.271, subd. 4 allows that the costs incurred for the removal
of weeds which are not paid to the city within 30 days or before the following
October 1, whichever is later, shall become a lien in favor of the city and a
penalty of eight percent will be added to the amount due and certified to the
county auditor for collection as a tax upon such land.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,
MINNESOTA, that the following cost'for the parcel listed is hereby certified to
the Scott County Auditor for collection with the 1992 property taxes.
27-001031-0 $56.70
Adopted in session of the - City Council of the City of the
Shakopee, Minnesota, held this 1st day of October, 1991.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form.
City Attorney
RESOLUTION NO. 3477
A RESOLUTION CERTIFYING THE COST OF SNOW REMOVAL FROM PUBLIC
SIDEWALKS FOR COLLECTION ON THE TAX ROLLS PAYABLE 1992
WHEREAS, the Shakopee City Council has declared that ice and snow remaining
on public sidewalks constitutes a public nuisance and must be abated pursuant to
City Code Section 7.04; and
WHEREAS, the City has removed snow and ice in accordance with City Code
Section 7.04; and
WHEREAS, City Code Section 7.04 provides that the cost of snow removal may
be extended as a special assessment and be certified for collection to the County
Auditor.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,
MINNESOTA, that the following costs for the parcels listed are hereby certified
to the Scott County Auditor for collection with the 1992 property taxes.
27-001143-0 $55.00
27-907020-0 $55.00
27-097021-0 $55.00
Adopted in session of the City Council of the City of the
Shakopee, Minnesota, held this 1st day of October, 1991.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form.
City Attorney
TO: Mayor Laurent
Members of the City Council
FROM: Tom Steininger, Chief of Police
SUBJECT: Authorize Hiring of Police Officer
DATE: October 1, 1991
INTRODUCTION:
The Police Department is requesting authorization to hire Craig
Robson to the position of probationary police officer as soon
possible.
BACKGROUND:
In July, Council approved a special assignment of a Shakopee Police
Officer. The agency to which the officer has been assigned has
agreed to reimburse the City of Shakopee to an amount sufficient to
fill the position vacated by this assignment including fringes.
The Shakopee Police Civil Service Commission which regulates the
testing process has conducted the necessary testing, has
established an eligible list and has certified the names of the
three candidates standing highest on that list.
Invitations to test were sent to seventy-three individuals who
indicated a desire to participate in testing. Thirty-six
candidates participated in the first stage of testing and six
candidates were tested in the final stage.
The eligible list and the certification of the top three candidates
are attached to this memo.
The 1991 Union Contract establishes $2243 . 11 as starting wage for
the position of police patrolman.
Craig Robson is the number two candidate on the eligible list.
ALTERNATIVES:
1. Authorize hiring Craig Robson
2 . Authorize hiring Evan O'Hara
3 . Authorize hiring Daniel Jackson
4 . Authorize hiring no one.
5. Table action pending additional information from staff.
RECOMMENDATION:
Alternative #1.
ACTION REQUESTED:
Authorize hiring of Craig Robson as a patrolman with the Shakopee
Police Department at a monthly rate of $2 , 243 . 11 subject to the
satisfactory completion of pre-employment medical and psychological
testing and the customary 12 month probation period.
TO; Mayor Laurent
Members of the City Council
FROM: Shakopee Police Civil Service Commission
SUBJECT: Eligibility List
DATE: 09 30 91
The following eligible list for the position of police patrolman
for the Shakopee Police Department is hereby certified.
1. Evan O'Hara 101.7
2. Craig Robson 99 .7
3 . Daniel Jackson 94 .7
4 . Stephen Miltich 94.5
5. Scott Patrick 92.3
6. Michael Utecht 87.2
7. Bruce Ponath 80. 0
Signed:
Richard Mulcrome, 'Secretary / 1
TO: Mayor Laurent
Councilmembers
FROM: Shakopee Police Civil Service Commission
SUBJECT; Certification of Candidates
DATE: 09 30 91
The following individuals are hereby certified as being the
three candidates on the current eligible list for the position cf
police patrolman.
1. Evan O'Hara
2 . Craig Robson
3 . Daniel Jackson
Signed:
LZ
Richard Muic i oneSecretary q/j)hy
-� V
-4- Is b .
SHAKOPEE FIRE DEPARTMENT 129 East First Avenue. Shakopee, Minnesota 55379
Charles E. Ries, Fire Chief established 1 876
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Charles E. Ries, Fire Chief
DATE: September 30, 1991
SUBJECT: Replacement of 9520
INTRODUCTION: Since 1976 the first pumper to respond to all fire
and rescue calls has been unit 9520 a 1976 General
Safety Pumper. This pumper will have responded to
over 3200 calls and over 600 drills in its 16 years
of service. Replacement of this unit is a 1992
budgeted item.
BACKGROUND: Over the last 2 years this unit has become very
unreliable. Numerous reasons have caused us to take
this initial response unit out of service for
extended periods due to performance or safety
problems. Some of the deficiencies that have
occurred and are developing include: water tank
corrosion, body and chassis deterioration,
inadequate firefighter jumpseat safety systems,
unreliable drivetrain, deficient braking system,
deteriorating pump conditions and the suspension
system requires replacement.
PROPOSAL: Due to the rapid deterioration of this unit the
Shakopee Fire Department requests approval from the
Shakopee City Council to immediately develop
specifications, to submit specifications for bids
and to enter into a formal contract with the
appropriate bidder. No funds would be utilized
until fiscal year 1992 .
RECOMMENDATION: To authorize the Shakopee Fire Department to proceed
with this proposal for the replacement of this unit.
Respectfully submitted,
ie
_Charles E. Ries
Fire Chief ��
i•ii
y/AKON
Fire station—334 West Second Avenue