HomeMy WebLinkAbout11/19/1996 TENTATIVE AGENDA
CITY OF SHAKOPEE
ADJ.REG. SESSION SHAKOPEE CITY COUNCIL NOVEMBER 19, 1996
LOCATION: 129 Holmes Street South
Mayor Jeff Henderson presiding
1] Roll Call at 6: 00 P.M.
2] Recess for executive session to discuss labor negotiations
and matters permitted under attorney-client privilege
3] Re-convene at 7 : 00 P.M.
4] Approval of agenda.
5] Liaison reports from Councilmembers
6] Mayor' s report
7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS
*8] Approval of minutes : October 15, 1996
*9] Approve bills in the amount of $794, 522 .30
10] Communications
A] ADC Telecommunications update on activities
11] Public Hearings :
A] 7 : 00 P.M. - Proposed assessments for CR-16 utilities
between CR-17 and CR-83, Project 1994-11, Res. No. 4567
B] 7 : 00 P.M. - Proposed assessments for CR-16 curb and
gutter between CR-17 and 1, 000' East of CR-83,
Project 1995-3, Res . No. 4568
C] Continuation - Proposed assessments for Vierling Drive
public improvements between CR-15 and Presidential Lane,
Project 1994-7, Res . No. 4558
D] 7 : 30 P.M. - Applications for a Minnesota currency
exchange license - 1) Shakopee Check Cashing, 1147
Canterbury Road and 2) Game Financial Corporation,
1100 Canterbury Road
12] Recommendations From Boards and Commissions
*A] Final Plat of Valley Park 13th Addition located east
of Valley Park Drive and north of the bypass - Res . 4570
*B] Vacation of easements within RLS #134 - Res . 4571
C] Economic Development Authority compensation
D] Tax Increment Financing application fee
E] Zoning Ordinance text amendment regarding the definition
and setbacks f..;r townhomes - Ord. No . 467
TENTATIVE AGENDA
November 19, 1996
Page -2-
13] General Business
A] Community Development
a] Moratorium on commercial/wireless telecommunications
service towers • Ya
*b] Completion of probation - Steve Thorp
*c] Fischer Aggregates resolution revision - Res . 4569
B] Engineering
*a] Adopting special assessments for Vierling Drive
public improvements, 1995-6 - Res. No. 4557
b] Easement acquisition for sanitary sewer projects
1996-6 and 1996-9 - Res . 4576
c] Awarding bids on trunk sewer and lateral sewer,
1996-6 and 1996-9 - Res . No. 4577 (memo on table)
d] Awarding bids on Valley Park 13th improvements,
1996-8 - Res . No. 4572 (memo on table)
C] Police/Fire
*a] Accept resignation of Officer David Nelson
*b] Amend pay plan for code enforcement officer
- Res. No. 4578
D] Park and Recreation
a] 10th Avenue bike lanes
b] Pay Plan adjustment for recreation part-time
employees - Res . No. 4575
c] Facility Use Policy
E] General Administration
*a] Certifying the cost of week cutting - Res . 4563
*b] Certifying delinquent utility bills - Res . 4564
*c] Amending 1996 budget - Res. No . 4566
d] League of Minnesota Cities policies
e] Long term employee retirement benefits
f] Follow up from Nov. 18th worksession on personnel
issues and non general fund budget
*g] Accepting improvements for South Parkview 2nd -
Res . No. 4565
14] Other Business
15] Adjourn
Reminder: Worksession: Nov. 26, 1996 at 5 : 00 P.M.
*Anticipated to be routine items.
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OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ.REG.SESSION SHAKOPEE, MINNESOTA OCTOBER 15, 1996
Mayor Henderson called the meeting to order at 7:02 P.M. with Councilmembers DuBois, Zorn,
Sweeney, and Link present. Also present: Mark McNeill, City Administrator; R. Michael Leek,
Planner II; Bruce Loney, Public Works Director/City Engineer; Judith S. Cox, City Clerk; Gregg
Voxland, Finance Director; and Jim Thomson, City Attorney.
Sweeney/Link moved to approve the agenda. Motion carried unanimously.
Liaison reports were given by Councilmembers.
Mayor Henderson gave the Mayor's report.
Mayor Henderson asked if there was anyone present in the audience who wished to address the City
Council on any item not on the agenda.
Dave Rutt, 468 Market Street, approached the podium and said both he and his wife were told that
the plat for Market Place Second Addition was finalized and they needed to sign it. In following
through he noticed that the alley was taking six feet of his property on north edge. He asked how a
plat can be approved without notification to property owners. He also said he did not intend to sign
the plat at this time.
Michael Leek explained that the developer does not have the right to take property and in this case
all the property owners affected by the plat of Market Place Second Addition have sign off on the
plat before it can be recorded. He added that apparently the developer had not spoken to all the
property owners in this case. He explained that additional property was added to the east of the
property and a narrowing of the property along the alley of 6 feet. He explained that Julie Klima
had indicated the plat had been approved in final plat form and was dependent upon signatures. He
will follow up on this information.
It was noted that approval was contingent on final approval after title opinion and Jim Thomson
explained that it can not be approved without the Rutt signatures. He also said that there is no title
opinion at this time.
Sweeney/DuBois moved to approve the Minutes of September 9, 16, and 17, 1996. Motion
carried unanimously.
Link/Sweeney moved to approve the bills in the amount of $886,120.41. Motion carried
unanimously.
Sweeney/Link to accept Joseph Wolfs resignation from the Shakopee Public Utility Commission,
with regrets. Motion carried unanimously.
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Mayor Henderson asked if there was anyone present for items other than public hearings and item
11.B.a.) Towing Contract was moved ahead on the agenda.
Mark McNeill explained that the 2-year towing contract with Shakopee Towing will expire
December 31, 1996 and the Chief of Police is requesting whether to renew the contract or to
advertise for bidders.
Peter Skogmo, Southside Towing, approached podium and said that he would like the opportunity
to bid on the towing contract.
Zorn/Sweeney moved to open the towing contract for bidding.
Will Peterson, Peterson Towing, approached the podium and said that other towing companies in
the City are also interested and suggested that a rotation system among the companies and that this
may be beneficial to all. He said it was unfair to the rest of the towing companies in the City to
have one company and noted a problem with canceled calls to other companies due to the police
arriving at the scene and contacting the contract tower.
Mark McNeill explained that in towing contracts the investment the bidder must have to meet
criteria of storage capacity and size of trucks, therefore, there is some reluctance to bid each year.
He said Mr. Peterson's suggestion could be looked into but at this time the contract itself will be
considered and put out for bid. However, he said he was reluctant to make any commitment as to
what may or may not be done without Chief Steininger present.
Discussion ensued as to what the contract includes and the possibility of using other firms for non-
emergency towing situations.
Motion carried unanimously.
Mayor Henderson opened the public hearing on the vacation of right-of-way west of Lot 6, Block
3, P &V 2nd Addition.
Michael Leek explained that the petition is for vacation of a right-of-way 33 feet wide and 140 feet
long. The Planning Commission reviewed the request and recommends approval. However, one
issue is the effect of the vacation on ownership of the strip.
In response to a question as to the impact on the property to the west when developed, Michael
Leek explained that access to the parcel is available from County Road 77 and Mound St., adding
that this right-of-way runs north and south and should not limit access.
Mayor Henderson asked if there was anyone in the audience who wished to speak. There was no
response.
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Mayor Henderson closed the public hearing.
DuBois/Zorn offered Resolution No. 4537, A Resolution Vacating right-of-way in P & V 2nd
Addition (west of Lot 3, Block 6), and moved its adoption.
Discussion ensued relating to contacting other property owners to see if they are interested in
pursuing a vacation of the extension of this right-of-way.
Tom Doll, 110 E Mound Street, petitioner, approached the podium and stated that the lot to the
south is an outlot and transmission lines run across it and it can not be built on.
Motion carried unanimously.
Mayor Henderson opened the public hearing for a vacation of utility easements located within RLS
#134, east of Valley Park Drive.
Michael Leek explained that the request to vacate utility easements is in connection with the platting
of Valley Park 13th Addition which preliminary plat was previously approved. The
recommendation from the Planning Commission was to vacate with the condition that the vacation
would not take place until concerns regarding public utilities relocation could be negotiated between
the Shakopee Public Utility Commission and the applicant. After further review, it is staff's
recommendation that Council direct staff to prepare the proper resolution and bring it back at the
time of the final plat consideration. This will allow additional time for the applicant to work with
Shakopee Public Utility Commission on the relocation of the overhead lines.
Mayor Henderson asked if there was anyone in the audience who wished to speak. There was no
response.
Mayor Henderson closed the public hearing.
Sweeney/DuBois moved to direct staff to prepare a resolution vacating the utility easements (within
Tracts G, H and I of Registered Land Survey #134) and bring it back to the Council at the time of
the final plat consideration of Valley Park 13th Addition. Motion carried unanimously.
Mayor Henderson opened the public hearing on the proposed assessments for the 17th Avenue and
Sarazin Street street and storm sewer improvements and for the storm sewer outlet for the St.
Francis Hospital site.
Bruce Loney reported that the assessed street costs per front foot are $66.20. Because Sarazin Street
and 17th Avenue are collector streets they will be assessed the local street equivalent of 36 feet to
the benefitting properties with the City paying for the oversizing costs out of the Capital
Improvement Fund or the State Aid account. Sarazin Street and 17th Avenue improvement projects
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were petitioned by the St. Francis Regional Medical Center as part of their development. The City
was required to pay for the storm sewer system for the street area and the off site development
would pay for the oversizing. In addition, the City was responsible to bring a storm sewer line from
the pond in the northwest corner to the Mn/DOT linear pond. Sidewalk costs per front foot are
$10.59, storm sewer costs per acre are$1,428.40, and the watermain costs per acre are$3,022.20.
The final project costs are $805,160.77. A portion of the City's costs of $359,239.82 will be
funded from the Storm Sewer Fund.
Mayor Henderson asked if there was anyone present who wished to speak on this issue.
Sharon Bernhagen, property owner adjacent to Sarazin Street, approached the podium and said that
the suggestion was made that assessments would be deferred until connection occurred. She asked
for clarification that the rate of interest will be 6.25 percent unless paid in full.
A discussion ensued relating to previous discussions of deferring interest.
Jim Thomson, City Attorney, explained that the City does not have the authority to forgive interest
for special assessments. He said the statute for special assessments is very precise and states when
they must be paid. The City has very limited discretion on the interest issue. He said he could
review it but this was his understanding.
Bruce Loney reported that Ms. Bernhagen was paid for full value of the land for easements for the
improvements. The question is whether or not the land benefitted from the improvements.
Mark McNeill explained that the City sold bonds to finance this and if interest is forgiven the bonds
must still be paid.
Cncl. Sweeney noted that assessments can be appealed on the basis that benefits to the property are
less than the assessment, adding that St. Francis is the only one that waived the right to appeal.
Bruce Loney said that he had obtained waivers when easements were acquired.
In response to a question as to whether the assessments were on a firm bid or a cost plus basis, Mr.
Loney explained that the project estimate was $1 million. However, the total cost was $805,000
resulting in a$200,000 savings from the feasibility study to this point.
Mayor Henderson closed the public hearing.
Zorn/Sweeney offered Resolution No. 4541, A Resolution Adopting Assessments For 17th
Avenue, From County State Aid Highway 17 To Sarazin Street; And Sarazin Street, From St.
Francis Avenue To 17th Avenue, Project No. 1996-1, and moved its adoption. Motion carried
unanimously.
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Mayor Henderson opened the public hearing on the proposed assessments for St. Francis sanitary
sewer and watermain improvements.
Bruce Loney reported that the work has been completed and the final costs are ready to be assessed.
The sanitary sewer along County Road 17 was paid for through the City Trunk Fund. resulting in
no assessment cost for the sanitary sewer. The watermain assessment is $156,719.98. The first
segment north of the bypass there will be an assessed cost for a 10 inch equivalent watermain with
S.P.U.C. paying the over sizing. The area through the Mn/DOT right-of-way was a Shakopee
Public Utility Commission (SPUC) cost at 100 percent. The area South of bypass was assessed for
a 10 inch equivalent watermain, again with SPUC paying 100 percent for oversizing. The trunk
charge is a standard charge for watermain oversizing at$712.00 per acre. The lateral assessment is
for property adjacent to the watermain and is assessed at $43.20 per front foot. He added that
Gene Hauer is contesting the assessment and explained that watermain costs have gone up in the
lateral assessment area.
Cncl.Sweeney noted that if anyone wishes to protest the assessments they must do so in writing
before the end of this meeting. Jim Thomson explained that in addition to this, if they wish to
appeal they must follow-up within 30 days.
Mayor Henderson asked if there was anyone present who wished to speak on this issue. Hearing
no further comments, Mayor Henderson closed the public hearing.
DuBois/Zorn offered Resolution No. 4540, A Resolution Adopting Assessments For St. Francis
Regional Medical Center Sanitary Sewer and Trunk Watermain, Project No. 1995-2, and moved its
adoption. Motion carried unanimously.
Mayor Henderson opened the public hearing on the proposed assessments for curb and gutter along
CSAH-15 from 6th Avenue to Vierling Drive.
Bruce Loney explained the City policy on assessing for double lots, corner lots, etc. The total
project costs are $23,633.59, with assessment costs of $4.17 per front foot. The proposed
assessments are $13,294.24 with the City paying the remaining amount from the Capital
Improvement Fund.
Cncl. Link explained that he would be abstaining from discussion and voting.
Mayor Henderson asked if there was anyone present who wished to speak on this issue. Having no
further comments the public hearing was closed.
Zorn/Sweeney offered Resolution No. 4542, A Resolution Adopting Assessments for County State
Aid Highway 15 (Adams Street), from Vierling Drive to 6th Avenue, Project No. 1994-13, and
moved its adoption. Motion carried unanimously with Cncl.Link abstaining.
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Item 11.C.b.) Appeal of Decision of Board of Adjustment and Appeals denying a variance for a
garage addition was moved ahead on the agenda.
Michael Leek reported that the request was for an 18' x 26' foot addition to the existing garage
with a total area of 780 square feet. Once completed the total area would be 1,248 square feet. He
added that the current garage, without the addition is non-conforming. He explained that the Board
could not find that all of the criteria were met so denied the request. He asked for Council
direction to prepare a resolution either overturning or upholding the Board's decision.
A discussion ensued relating to meeting code requirements in the Old Shakopee area.
Mr. Anderson explained that none of his neighbors are complaining. He also said that he can not
attach the garage to his house because of set back requirements.
A discussion ensued relating to making changes in the ordinance that specifically apply to Old
Shakopee.
Michael Leek explained that in reviewing the findings the Board found against the applicant because
they felt that reasonable use could be made of the property.
A discussion ensued relating to the Board's findings and ordinance changes.
Sweeney/DuBois moved to direct staff to prepare a resolution stating that the criteria that a
reasonable use can be made of the property be re-drafted to say that a reasonable use cannot be
made of the property without granting a variance, and return it to the Council for adoption. Motion
carried unanimously.
The original order of business was resumed beginning with item l0a) Final Plat of the Meadows
South.
Michael Leek reported that the plat is for 64 units adjacent to Sage Lane and the bypass on south.
The Planning Commission recommends approval with conditions.
Sweeney/DuBois offered Resolution No. 4545, A Resolution Of The City Of Shakopee,
Minnesota, Approving The Final Plat For The Meadows South, subject to conditions, and moved
its adoption. Motion carried unanimously.
A recess was taken at 8:22 P.M. The meeting re-convened at 8:41 P.M.
Michael Leek reported that the Plat for Hauers 5th Addition is consistent with the previously
approved preliminary plat and that the Planning Commission recommended approval with
conditions.
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Sweeney/Link offered Resolution No. 4534, A Resolution Approving The Final Plat For Hauers
5th Addition with conditions, and moved its adoption. Motion carried unanimously.
Michael Leek reported that the Riverview Estates 2nd Addition was reviewed by the Planning
Commission and recommended for approval with conditions.
Sweeney/Zom offered Resolution No. 4535, A Resolution Approving The Final Plat For
Riverview Estates 2nd Addition with conditions, and moved its adoption. Motion carried
unanimously.
Michael Leek reported that one issue with the Final Plat for Fagle Creek Bluff is that the resolution
on the Planned Unit Development (PUD) for Fagle Creek Bluff included a condition requiring
13.34 acres of open space and a minimum lot size. It was determined that both requirements could
not be accommodated and the applicant is requesting approval of 13.01 acres of open space. The
Planning Commission reviewed this and recommended approval subject to conditions. The
developer has also named the cul de sac along the eastern boundary. In addition, for trail purposes,
the area in which the trail will be located has been identified.
A discussion ensued relating to the distance of streets and placement of street lights in rural
subdivisions. Jon Albinson approached the podium and explained that SPUC policy is to put one
light at every corner for minimum compliance.
A discussion ensued relating to determining the value of property for determining the park
dedication.
Klaus VanZee approached the podium and explained that the confusion was due to the fact that part
of the PUD included a 40 percent credit for the open space going to the DNR, resulting in a
reduced amount.
DuBois/Link offered Resolution No. 4554, A Resolution Amending Resolution No. 3943, A
Resolution Approving the Fagle Creek Bluff Planned Unit Development, and moved its adoption.
Motion carried unanimously.
Link/Sweeney offered Resolution No. 4536, A Resolution Of The City Of Shakopee, Minnesota,
Approving The Final Plat For Eagle Creek Bluff, and moved its adoption. Motion carried
unanimously.
Sweeney/DuBois moved to reconsider Ordinance No. 465 (rezoning land south of Canterbury Park
and north of CR 16 and the Shakopee Bypass from major recreation to planned unit development
overly zone No. 9) as previously passed. Motion carried unanimously.
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A discussion ensued relating to amending the Ordinance by adding restrictions to section 3, and
language regarding concerts.
Sweeney/DuBois moved to appropriately re-number the Procedural Actions section as #4. and the
Effective Date section as#5. Motion carried unanimously.
Sweeney/DuBois moved to direct staff to redraft items#23 and#24 on the page replacing pages 14,
15, and 16 of the plans in the informational package dated April 25, 1995 from (Ord. No. 417)
incorporating them into Ord. No. 465 and to bring it back to Council. Motion carried unanimously.
Bruce Loney reported that staff if requesting authorization to advertise for the replacement of Harry
Pass who will be retiring December 31, 1996. The current position has 74 points and a salary
range from $30,228.00 - $37,785.00, and is non-exempt and also allows overtime pay. Earlier this
year a revised structure was presented in which the Public Works Foreman position was upgraded
to a Public Works Supervisor position. In addition, the Lead Person position was created to assist
the Public Works Supervisor. Staff recommends hiring a Public Works Supervisor and increasing
the points to 86, with a salary range of$35,130.00 to$43,913.00.
A discussion ensued relating to the justification for the salary increase.
Mark McNeill explained that they are looking for someone who will be able to do more
administrative management for a more efficient operation. Also, in terms of exempt or non-exempt
status, there is a difference of$1,700.00 in the advertised wage scale depending upon whether or
not they are entitled to overtime. He asked for permission to further research this to make a
decision and base the salary advertisement on that information.
It was noted that the job description of the Public Works Supervisor has not been accepted. At the
time of the budget process the proposal for the re-organization and the funding necessary to do so
was accepted but not adopted.
Sweeney/DuBois moved to adopt the Public Works Supervisor job description. (CC Doc#243)
A discussion ensued relating to the use and rational of the point system.
A discussion ensued relating to approving the job description and directing staff to make an exempt
or non-exempt determination.
Sweeney/Zorn moved to amend the motion to approve the Public Works Supervisor job description
with the exception of the exempt status, authorizing staff to make the determination at a later time.
Motion carried unanimously.
Motion carried unanimously on main motion as amended.
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Zorn/Sweeney moved to authorize the appropriate City staff to utilize Scott County personnel to
advertise for a Public Works Supervisor for the Public Works Department. Motion carried
unanimously.
Bruce Loney reported that Mn/DOT has paid for all right-of-way associated with the K-mart Linear
Pond and their portion of drainage in the area. The City paid for the construction costs associated
with this pond as prorated based on drainage area. He said the developer is short of soil in this area
and there is a shortage of water treatment storage for the entire region. At this time the proposal is
to deepen the pond from Valley Park Drive to the east where the drainage would discharge into a
series of wetlands before discharging into the Prior Lake-Spring Lake channel. This area would
then become the responsibility of the City for maintenance. Maintenance costs are estimated at
$1000.00 and the benefit to the City is that seven additional acres of industrial land can now be
developed. He added that Mn/DOT is in concurrence with the memo of understanding.
DuBois/Zorn moved to authorize the appropriate city officials to execute the Memorandum of
Understanding with Mn/DOT, for the K-Mart linear pond drainage easement, from Valley park
Drive to the east terminus. Motion carried unanimously.
Bruce Loney reported that the street lights at the intersection of County Road 17 and County Road
82 met warrants per County policy. In the standard agreement prepared by Scott County, the
County will pay for the street light installation and the City accepts responsibility for operation and
maintenance. (SPUC pays for the power and re-lamping)
Zorn/DuBois moved to authorize the appropriate City officials to execute the agreement, for
participation in the installation and operation of a street light, at the intersection of CSAH 17 and
CR 82. Motion carried unanimously.
Bruce Loney reported that $15,000 was budgeted in the 1996 Budget for a transportation study.
The main reason for the study was to analyze the existing and future collectors due to the impacts
of the Shakopee Bypass and future MUSA expansion on these collectors. Staff has met with WSB
regarding transportation services and they have submitted a proposal for review and consideration.
The proposal is to create a modeling file, using Scott County's files and adding Shakopee's data.
The Fast Shakopee Transportation Study (Option A) could be completed for approximately $5,000.
The Canterbury Park Area Study (Option B) could be done for approximately $2,500, and the Scott
County Courthouse Campus Site Study (Option C) could be done for approximately $2,500. The
Planning Department previously had$8,000 left in the budget for the Fast Shakopee Transportation
Study in 1993.
The total cost of the Local Transportation Plan and the Optional Area Studies A, B and C is
$30,000.00. Mr. Loney stated that a budget amendment is needed.
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A discussion ensued relating to a collaborative effort in using County and City data in analyzing
transportation with the County.
Sweeney/Link moved to authorize the appropriate City officials to execute an extension agreement
with WSB & Assoc., Inc. to provide engineering services for a Local Transportation Plan and
Optional Area Studies. Motion carried unanimously.
In response to a question relating to the need for a budget amendment, Mr. Loney explained that a
budget amendment was made to the pavement management program budget to bring the funds back
from 1994 to 1995, as not all the funds were spent but the money did not transfer over to the 1996
Professional Services account. The money not spent went into the excess fund balance.
A discussion ensued relating to budget surpluses and transferring of funds from one year to another.
Sweeney/DuBois moved to direct staff to review the 1996 budget to determine an appropriate place
for a budget amendment for the 1996 budget to acquire the funds for professional services (for the
transportation plan).
A discussion ensued relating to budgeting funds and the inability to physically spend them in the
current year, therefore losing them.
Motion carried unanimously.
A recess was taken at 9:58 P.M. The meeting re-convened at 10:11 P.M.
Item 11.C.c.) Time Extension to Record Stonebrooke 2nd Addition was moved ahead on agenda.
Sweeney/Link moved to extend the 180 day time period for recording the Final Plat for
Stonebrooke 2nd Addition by an additional 180 days. Motion carried unanimously.
The original order of business resumed beginning with item 11.A.e.) Approve Plans for Trunk
Sewer for Areas SS-H and SS-D.
DuBois/Zorn offered Resolution No. 4538, A Resolution Approving Plans and Specifications and
Ordering Advertisement for Bids for the Trunk Sanitary Sewer Areas "SS-H" & "SS-D", Project
No. 1996-6; and for the Installation of Sanitary Sewer Laterals in the NE 1/4 of the NW 1/4 of the
NW 1/4 of Section 17, Township 115, Range 22, Scott County, Project No. 1996-9, and moved its
adoption. Motion carried unanimously.
Sweeney/Link offered Resolution No. 4543, A Resolution Approving Plans and Specifications and
Ordering Advertisement for Bids for Valley Park 13th Addition Improvements Project No. 1996-8,
and moved its adoption. Motion carried unanimously.
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Mayor Henderson explained that the citizens involved in the request for street lights on Monroe
Street have requested that discussion be tabled to consider other alternatives.
Sweeney/Zorn moved to table Resolution No. 4547, Receiving A Report On Street Light
Improvements On Monroe Street From 11th Avenue to 12th Avenue. Motion carried unanimously.
Zorn/Sweeney offered Resolution No. 4539, A Resolution Declaring the Cost to be Assessed and
Ordering the Preparation of Proposed Assessments for County Road 16 Sanitary Sewer and
Watermain, Between County Road 17 and County Road 83 Project No. 1994-11, and moved its
adoption. Motion carried unanimously.
DuBois/Zorn offered Resolution No. 4548, A Resolution Accepting Work on the P & V Addition
and P & V 2nd Addition Project No. 1995-5, and moved its adoption. Motion carried
unanimously.
Link/DuBois offered Resolution No. 4550, A Resolution Declaring the Cost to be Assessed and
Ordering the Preparation of Proposed Assessments for County Road 16, From County Road 17 To
Approximately 1,000 Feet East Of County Road 83 Including Curb and Gutter Project No. 1995-3,
and moved its adoption. Motion carried unanimously.
Mark McNeill explained that Law Enforcement Officer, Les TenEyck, was hired at a rate of pay
that was less than what was approved for the position and has been paid less than what was
approved for the position for the last 90 days. The starting pay should have been $8.57 per hour.
He explained that rectifying this back to the date of hire and then going to a step 2 as negotiated at
the time of hire would result in back pay of just under$500.00.
Zorn/Sweeney offered Resolution No. 4549, A Resolution Amending Resolution No. 4352,
Adopting the 1996 Pay Schedule For The Officers and Non-Union Employees Of The City Of
Shakopee, and moved its adoption; and, authorized the retroactive increases to Les TenEyck to Step
1 effective May 28, 1996 and to Step 2 effective August 28, 1996. Motion carried unanimously.
DuBois/Zorn moved to direct staff to explore options for internal or external to handle
personnel/payroll problems and come back with options to discuss. Motion carried unanimously.
Michael Leek reported that the most recent draft of the Comprehensive Plan has been under review
by the Metropolitan Council for approximately nine months. One of the key features of the
Comprehensive Plan is that it adds approximately 1,565 acres of MUSA. There are two MUSA
expansion areas, one located around County Road 17 and the Bypass, the second is around east
Dean's Lake. Although the MUSA expansion request is only for 2000 the city's plan is to only
build one trunk sewer at a time to minimize its costs. He said he anticipates the transportation study
would form a revision to this plan in 1997. This plan proposes to increase commercially guided
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land by 13 acres in the vicinity of CR 17. He said that overall, the city's plan is generally consistent
with the Regional Blueprint.
Zorn/DuBois offered Resolution No. 4551, A Resolution Of The City Of Shakopee, Minnesota,
Approving Its 1995 Comprehensive Plan And Adding 1,565 Acres To Its MUSA, and move its
adoption. Motion carried unanimously.
Mark McNeill reported that four candidates for the position of Community Development Director
have been interviewed and the best qualified candidate was found to be Michael Leek. He
recommended Mr. Leek as the permanent Community Development Director for Shakopee. He
recommended hiring Mr. Leek at step 2 of the pay plan with a salary of$53,067.
DuBois/Link moved to appoint Michael Leek as the Community Development Director at step 2 of
the pay plan. Motion carried unanimously.
Mark McNeill noted that the appointment of Michael Leek as Community Development Director
vacates the Planner II position, and requested authorization to engage Scott County personnel to
advertise for this position at a salary range of $35,099 - $43,874 and the starting salary not to
exceed$39,487.
Zorn/Link moved to authorize Scott County to advertise for the position of Planner II at a salary
range of $35,099 - $43,874 with the starting salary not to exceed $39,487. Motion carried
unanimously.
Gregg Voxland reported that the City has to comply with new requirements for providing financial
information. The City must now produce the information contained in an official statement for
bonding and send that data to the national information repositories. Springsted has proposed
providing this service for a one time set up charge of$250 plus an annual fee of$200 per covered
bond issue. He recommended accepting the proposal and authorize staff to execute a contract to
provide financial information with Springsted.
A discussion ensued relating to requests for proposals for bond counsel other than Springsted. A
concern was noted for a loss of continuity and history in changing financial advisors.
Sweeney/DuBois moved to accept the proposal of Springsted for continuing disclosure services and
authorize the proper city officials to execute the agreement contingent upon City Attorney review.
Motion carried unanimously.
Mark McNeill suggested the City may also wish to send a letter protesting the anticipated closure of
the Trunk Highway 41 bridge during the summer of 1998 while reconstructing the bridge.
Official Proceedings of the October 15, 1996
Shakopee City Council Page -13-
Sweeney/DuBois moved to direct that staff draft a letter for the Mayor's signature outlining the
City's opposition to construction closure of the TH 41 Bridge in Summer 1998. Motion carried
unanimously.
Sweeney/DuBois moved to nominate Donald Hamilton to the Police Civil Service Commission to
fill the unexpired term of Richard Mulcrone ending February 28, 1999. Motion carried
unanimously.
Zorn/Sweeney moved to nominate Steve Johnson to the Police Civil Service commission to fill the
unexpired term of Richard Mu'crone ending February 28, 1999. Motion carried unanimously.
Sweeney/DuBois moved to authorize staff to execute a Concession Stand Agreement by and
between the City of Shakopee and the Shakopee/Prior Lake Hockey Association for the 1996-97
hockey season based on a 15 % gross receipt (less sales tax) commission schedule. Motion carried
unanimously.
Gregg Voxland explained that setting the sale of improvement bonds is routine. The proposed bond
issue will refinance the 1996 reconstruction of Sarazin & 17th Avenue and Valley Green 13th
projects. He noted technical corrections to be made on the back side of the front page in section 1.
This should read "1996 A". Under Project No. "93-8" should read"96-8". He explained that one
of the objects in the timing is to manage the amount of annual bonding to try to stay under
$5,000,000 per year for arbitrage purposes and suggested a special meeting on November 26th to
award the sale of bonds.
Sweeney/DuBois offered Resolution No. 4544, A Resolution Authorizing Issuance and Sale of
$2,555,000 General Obligation Improvement Bonds, Series 1996-A, and moved its adoption.
Motion carried unanimously.
Zorn/Link moved to close City Hall for business at noon on December 24, 1996. (Employees who
are off take leave or unpaid hours and those that wish to work may do so.) Motion carried
unanimously.
Judith Cox noted two additional appeals for special assessments. One from Laurent Builders, Inc.
for Project No. 1996-1 (17 Ave and Sarazin St.) they have recently acquired property and did not
receive notification. The other appeal is from Render Banks Ltd. Partnership, James D. Render,
Project No. 1995-2 (St. Francis sanitary sewer and watermain).
Michael Leek sent a copy of the schedule for open houses and public hearings for the Metropolitan
Council's proposed regional growth strategy, water and transportation system elements. They are
fast tracking all with an anticipated adoption by December 30th. He will be filing comments on
behalf of the city as part of the public hearing process. The proposed strategy is unclear and he will
be asking for more substantial mapping to compare with the Comprehensive Plan.
Official Proceedings of the October 15, 1996
Shakopee City Council Page -14-
Sweeney/DuBois moved to adjourn. The meeting adjourned at 10:48 P.M.
./")(
*th S. Cox
10i
ity Clerk
Esther TenEyck
Recording Secretary
CITY OF SHAKOPEE
Memorandum
TO: Mayor and Council
Mark McNeill, City Administrator
FROM: Gregg Voxland, Finance Director
RE: City Bill List
DATE: November 14, 1996
Introduction and Background
Attached is a print out showing the division budget status for
1996 based on data entered as of 11/14/96 .
Also attached is a regular council bill list for invoices
processed to date for council approval .
Included in the check list but under the control of the EDA are
checks for the EDA General Fund (code 0191-XXX) and Blocks 3&4
(code 9439-xxx) in the amount of $2,494 .55 .
Action Requested
Move to approve the bills in the amount of $794, 522 .30 .
t
CITY OF SHAKOPEE
EXPENSES BY DEPARTMENT
11/14/96
CURRENT YEAR
' ANNUAL MONTH : TO PERCENT
DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED
11 MAYOR & COUNCIL 83,090 . 140 64,384 77
12 CITY ADMINISTRATOR 219,540 4,709 179,528 82
13 CITY CLERK 132,040 6,638 100,997 76
15 FINANCE 307,410 9,956 253,060 82
16 LEGAL COUNSEL 260,030 7,681 187,390 72
17 COMMUNITY DEVELOPMENT 472,930 6,801 265,622 56
18 GENERAL GOVERNMENT BUILDINGS 132,510 4,711 113,606 86
31 POLICE 1,608,500 52,824 1,318,569 82
32 FIRE 427,490 1,090 290,124 68
j 33 INSPECTION-BLDG-PLMBG-HTG 228,930 8,576 191,189 84
i 41 ENGINEERING 411,460 12,509 , 310,522 75
42 STREET MAINTENANCE 805,320 51,907 480,649 60
44 SHOP 116,650 6,832 88,934 76
46 PARK MAINTENANCE 304,660 12,496 273,083 90
91 UNALLOCATED 807,519 269 272,723 34
TOTAL GENERAL FUND 6,318,079 187,136 4,390,381 69
17 COMMUNITY DEVELOPMENT • 463,400 0 356,328 77
TOTAL TRANSIT 463,400 0 • 356,328 77
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ADC Telecommunlcat ons,Inc. FAX(612)946.3292
4900 West T&h Street Telephone(612)936-8080
Minneapolis,Minnesota 66435
November 13, 1996
Mr.Michael Leek
Director,Community Development
City of Shakopee
129 Holmes Street South
Shakopee,Minnesota 55379
Dear Michael:
Thank you for your continued assistance with the many issues we have related to getting
our new ADC office and manufacturing facility project in the Valley Careen Business
Park off the ground. As we discussed,due to the size of this project and our aggressive
schedule,we have been focusing our efforts and intellect on the related critical path
activities required to commence construction on the site prior to severe winter conditions
arriving. We have elected to defer a major ceremonial groundbreaking activity and rather
plan and conduct a formal ribbon cutting event next fall when the facility is completed.
Due to extraordinary interest of our employees,however,and because of the need for a
symbolic event to rally our contractors, we have scheduled two intermediate activities.
Both will be very informal in nature,
Employees:
To bring our affected employees up to speed with what is happening,on Wednesday,
November 20,we will be busing groups of employees from our Bloomington Facility to
our ADC Distribution Center at 1087 Park Place. To these mid-sized groups we will
make a short presentation regarding the proposed construction and then lead them on a
tour of the distribution facility.
Contractors:
It is traditional for Kraus Anderson, our general contractor, to conduct a short ground
breaking ceremony. On November 21 at 9:00 AM, KA Building Construction Co.will
lead such an event at the job site. We are not publicizing this event nor will the press be
invited. Likewise, ADC will not be extending invitations.
For the various public officials and community representatives,we request the
opportunity to plan and conduct a proper event upon the opening of the facility. We
understand the significance of such an event and sincerely appreciate all the support
provided by you,the City of Shakopee and the various government agencies. We are
excited about the opponunties this new facility will provide for ADC. Scheduling such
an event for next fall concurrent with the opening of the facility will afford us the time to
extend proper invitations,invite the press and plan and publicize a quality,well organized
world class celebration.
Mike,thank you again for your continued support. Please pass along to those interested
our sincere intentions to plan a defining event to signify our joining the community and
thank them for their patience in the interim.
Please call me if you have any questions.
Sincerely,
dder-ATetel;tsce,Avc..
Robert A. Riessehnan
Corporate Facilities Engineering Manager
946-3966
cc: Mr.Jon R.Albinson,Valley Green
Mr.Rick Palmer,ADC
Mr. Greg Wiehle,ADC
Mr. Steve Chavez
Mr. Brad Harvey, KA Building Construction _
11. 8 ,
CITY OF SHAKOPEE
Memorandum
TO: Mayor& City Council
Mark McNeill, City Administrator
FROM: Bruce Loney,Public Works Director
SUBJECT: Adopting Assessments for C.R. 16
Sanitary Sewer and Water Services,Project No. 1994-11
DATE: November 19, 1996
INTRODUCTION:
Attached is Resolution No. 4567, which adopts the assessments for the County Road
(C.R.) 16 Sanitary Sewer and Water Services Improvements,Project No. 1994-11.
BACKGROUND:
City Council ordered the sanitary sewer and water services improvements on C.R. 16 on
June 21, 1994 and February 7, 1995 respectively. On June 20, 1995, City Council
approved a resolution awarding the contract to Barbarossa& Sons and the improvements
have been completed and assessment roll prepared for this project.
Attached to this memo is the assessment roll for the C.R. 16 sanitary sewer and water
services, between C.R. 17 and C.R. 83. The assessment roll has three segments for the
assessments associated with the various improvements on this project and they are as
follows:
• Segment 1 - Trunk sewer, lateral sewer, sanitary sewer and water service
assessments for Trunk Sanitary sewer from Upper Valley
Drainageway(U.V.D.)to C.R. 16 and water services along C.R.
16.
• Segment 2 - Lateral sewer and water service assessments for V.I.P. sanitary
sewer diversion from Hauer Trail to Chaska Interceptor and water
services along C.R. 16.
• Segment 3 - Cost of eliminating a lift station at the intersection of Secretariat
Drive and C.R. 83 site with a gravity sewer to the Chaska
Interceptor.
The assessments for each segment were calculated as per the feasibility report prepared
for this project and the City's Assessment Policy. The assessment rates are as follows:
SEGMENT 1
Trunk Assessment $929.98/Per Acre
Lateral Sewer Assessment $7,509.84/Per Acre
Sewer Assessments 100%of the Cost Per Each Service
Line to Each Property
SEGMENT 2
Lateral Sewer Assessment $3,451.70/Per Acre
Sanitary Sewer Service and Water Service 100%of the Cost Per Each Service
Line to Each Property
Note: The oversizing and extra rock excavation needed for oversizing was deducted
from the project costs and is proposed to be paid for out of the Sanitary Sewer Fund.
This segment is referred to as the VIP diversion sewer in which sanitary sewer flow is
diverted to the Chaska Interceptor, as per the agreement between the Metropolitan
Council and the City. Per the Chaska Interceptor agreement with Met Council, the City
was given a $520,000.00 credit by diverting its sewer flow to the Chaska Interceptor,
versus the Met Council having to make improvements along T.H. 101 to the Blue Lake
Treatment Plant. This credit was deducted from the overall cost charged to the City for
cost sharing of the Chaska Interceptor in Shakopee.
SEGMENT 3
This is the cost to eliminate the existing lift station and to install a gravity sewer to the
Chaska Interceptor. The lift station was owned and maintained by Valley Green
Industrial Park and was assessed at 100%of the costs to do this work.
The sanitary sewer and water services were installed prior to the reconstruction of C.R.
16 done by Scott County Highway Department. The City did save the restoration costs
by constructing the improvements prior to the County highway project. As mentioned to
City Council previously in a memo on June 20, 1995, the actual bids received for this
improvement was approximately 75% higher than the feasibility report estimate. The
reason being for the significant cost increase was the rock excavation quantity and unit
price were estimated much lower than the actual bids, and also there was higher unit bid
prices for many of the other items. Staff did not have the benefit of soil borings in the
preparation of the cost estimate. The City did receive a competitive bid from Barbarossa
& Sons,thus the project was ordered.
Also attached with this memorandum are assessment appeals that have been received to
date by staff and they are as follows:
Don Reed
1833 E. 10th Avenue
Shakopee, MN 55379
Staff has also been contacted by Eugene Hauer on parcel no. 27-908040-1 acreage used in
the assessment calculations. Staff has reviewed this parcel and has determined that the
correct acreage to be served by this sewer line is 5.93 acres, versus the 7.38 previously
calculated. Part of this parcel was previously assessed with the VIP sewer project. The
assessment roll for Segment 2 has been revised to indicate the acreage reduction. Per the
429 Statute and City Policy, a new notice will be sent to all property owners indicating
the adopted assessment.
The project area consists of residential, commercial, and industrial parcels that are
developed and undeveloped. The total assessment cost of sanitary sewer and water
service to a developed residential lot averages around $8,000.00. Much of the project
area has bedrock located very close to the surface and the rock excavation cost
contributed to much of the project cost.
Per Minnesota 429 Statutues, the amount of the assessment must be less than the benefit
received by the land. For this project, the benefit to the land is the sanitary sewer and
water service. Staff has not obtained an appraisal yet to indicate what the benefit is to the
land.
In discussing this issue with appraisers, the sanitary sewer and water service benefit can
exceed $10,000.00 or more depending on the particulars of the project area and
neighborhood. The other factor that needs to be taken into account is the
"unamortorized" value of existing on site sewage treatment systems. The actual
"salvage"value will depend on the age and construction of the system.
If there are appeals to the assessment that are filed with District Court, a formal appraisal
will be necessary to prove the benefit to the land. Council could order an appraisal before
adopting the assessments, however, the appraisal will take 8 to 12 weeks to prepare.
Delaying the adoption of the assessments will result in additional interest costs for the
bonds issued for this project. This interest cost is approximately $44,000.00 per year. At
this time, staff recommends to hold the public hearing, receive any appeals and adopt the
assessment roll as submitted.
Attached is the assessment roll for the project which was prepared according to the City's
assessment policy and the feasibility report for this project and includes the revision
mentioned in this memo.
ALTERNATIVES:
1. Adopt Resolution No. 4567, a resolution adopting assessments as attached or as
modified by City Council.
2. Deny Resolution No. 4567 and direct staff to reschedule a new public hearing.
3. Table for additional information.
4. Continue the public hearing if additional public input is necessary.
RECOMMENDATION:
Staff recommends Alternative No. 1,to adopt Resolution No. 4567 so the assessments
can be certified to Scott County before November 30, 1996.
ACTION REQUESTED:
Offer Resolution No. 4567,A Resolution Adopting Assessments for County Road 16
Sanitary Sewer and Water Services, Between County Road 17 and County Road 83,
Project No. 1994-11 and move its adoption.
%//-e-e
Bruce Loney
Public Works Director
BL/pmp
MEM4567
November 8, 1996
City of Shakopee
Ms. Judith S. Cox
City Clerk
129 Holmes Street South
Shakopee, MN 55379
Dear Ms. Cox:
I wish to appeal and object to the assessment for sewer and water to my property
received on Saturday, November 2 , by registered mail.
The parcel 27-908032-0 is a very small pie shape at the south end of my main parcel
27-905008-0. The county took 17 feet of this for road right of way, therefore, nothing
can be built on this parcel and it has very little value to me. Property taxes before the
county took the right of way were less than $100.00 per year.
My main parcel is narrow and long, therefore, it does not lend itself to be split into any
kind of lots. I feel a $11,025.35 assessment is to much for this land.
I would like to appear before the council meeting on November 19, 1996, at 7:00 p.m.
to present my ob'-ctions.
Si, ely yo
Don Reed
1833 E. 10th Avenue
Shakopee, MN 55379
612-445-8062
RECEIVED
NOV - 81996
CITY OF SHAKOPEE
_.
RESOLUTION NO. 4567
A Resolution Adopting Assessments
For County Road 16 Sanitary Sewer
And Water Services,Between County Road 17
And County Road 83
Project No. 1994-11
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:
Installation of sanitary sewer and water services on County Road 16,from County
Road 17 to County Road 83.
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
benefited by the proposed improvements in the amount of the assessments levied against it.
2. Such assessments shall be payable in equal annual installments extending over a period
of ten years, the first installment to be payable on or before the first Monday in January, 1997, and
shall bear interest at the rate of 6.25 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, 1997 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; the owner
may thereafter pay to the County Treasurer the installment and interest in process of collection on
the current tax list, and 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 November 30th of each year the total
amount of installments and interest on assessments on each parcel of land which are to become due
in the following year.
Adopted in session of the City Council of the City of
Shakopee,Minnesota,held this day of , 1996.
Mayor of the City of Shakopee
ATTEST:
City Clerk
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CITY OF SHAKOPEE
Memorandum
TO: Mayor&City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Adopting Assessments for C.R. 16
Sanitary Sewer and Water Services,Project No. 1994-11
DATE: November 19, 1996
INTRODUCTION:
Attached to this memorandum are previous Council memos and Council minutes in
regard to payment of future sewer and water crossings of Eagle Creek Blvd., associated
with the proposed Outlot A Eagle Creek Junction 3rd Addition and sewer service for Mr.
Howard Schmitt.
BACKGROUND:
Staff has received a verbal notice from property owners connected with the County Road
(C.R.) 16 Sewer and Water Services Project, that their properties had a previous
agreement with the City for future costs of sewer and water services. Staff had prepared
an assessment roll with a previous memo for Council consideration on November 19,
1996 and did include the sewer and water reduction, as per these memos for the Dean
Walden property (P.I.D. No. 27-163023-0). However, staff did omit the assessment
reduction, as agreed to per previous Council action for the Howard Schmitt parcel. The
P.I.D. No. for this parcel is 27-906023-0 and the agreements spell out the percentage of
future cost splits of sewer and water services for these parcels. These cost splits were
approved by Council on June 10, 1986 and are as follows:
Cost Split Percentage Cost Split
Property Name Per Property Owner City Percentage
Laurent/Walden 21.20% 78.80%
Howard Schmitt 15.86% 84.14%
The City's costs for these services, as per the previous agreement, would be paid for out
of the Sanitary Sewer Fund. Staff would like to point out to Council that the assessment
roll should be modified to include these previous Council agreements with the property
owners.
RECOMMENDATION:
Staff recommends the assessments for sewer and water services be modified to reflect the
agreements, previously approved by City Council on June 10, 1986 for these properties,
as mentioned in the memo. Staff would recommend that the assessment roll be modified
to reflect these changes and then offer Resolution No. 4567, a resolution adopting
assessments, as modified by City Council.
dr-l'P/
Azet2
Bruce Loney
Public Works Director
BL/pmp
MODIFIED
MEMO TO: John K. Anderson, City Administrator
FROM: Ken Ashfeld, City Engineer;44 .7.
-
SUBJECT: Eagle Creek Junction
DATE: May 29, 1986
INTRODUCTION:
At the May 20, 1986 regular meeting, Council discussed a request
from Laurent Builders to install sewer and water lateral con-
nections across Eagle Creek Boulevard (CSAH 16) . Council di-
rected staff to return with information that answers the fol-
lowing questions:
1. What amount was assessed?
2. What were the actual cost breakdowns, i. e. , litigation,
right-of-way, etc. ?
3. How has litigation costs been handled in the past
as it relates to assessable project cost?
4. How do other Cities handle assessments for utilities
paralleling one side of a road but assessed to prop-
erties on both sides?
BACKGROUND:
I have researched available information in an attempt to answer
the questions presented.
1. Total amount assessed was $236, 500. 86.
2. The following is a cost breakdown based upon my inter-
pretation of each expenditure for the project. I
did have to make some assumptions, based upon time
frames, as to what was normal legal, administration,
and engineering costs and what costs were attributed
to litigation of right-of-way, construction claims
and assessments.
Construction $139, 587. 73
Right-of-Way $ 17, 300. 00
Legal & Administration $ 12, 798. 99
Engineering $ 21, 763.21
Bonding & Fiscal $ 6, 671. 24
Litigation $ 9. 884. 99
TOTAL PROJECT COST $208, 006. 16
Eagle Creek
g Junction
May 29, 198E
Page 2
Difference between actual project cost and assessed
cost is $28, 494. 70
3. Based upon past practices of assessing litigation
costs, I could riot substantiate a firm policy regarding
apportionment of assessed costs. Typically right-of-
way costs and associated appraisals and legal costs
are considered project costs since this is determined
in advance of project implementation. I would not
say that this is a firm policy though. Staff is not
familiar with a policy providing for amending assess-
ments due to legal costs associated with assessment
appeals.
4. I did speak with neighboring communities on methods
of assessing utilities parallel to a roadway serving
benefit to properties on both sides of the roadway.
The following is a summary of assessment criteria:
a. Differing rates for each side of the roadway
is impracticaland difficult at best to substan-
tiate consistency of assessment procedures.
b. Laterals (or services in the case of single
lot development) are installed originally with
the trunk based on one service per lot or one
lateral per parcel or platted street.
c. If laterals or services are not installed
with the trunk, cost of proposed future laterals
and services are assessed over project area.
In the case of one neighboring community, services
were not installed nor future costs assessed.
The community was prepared to install services,
since all properties were assessed equally but
a change of land use preempted this action.
Alternatives:
In analyzing possible alternatives, the following questions
should be answered.
a. Is benefit approximately equal or consistent
over all assessed properties?
b. Since the period for contesting assessment is
long past, does this preclude further actions?
L +
Eagle Creek Junction
May 29, 1986
Page 3
c. Since the City did riot formal ly act on previous
staff actions, are previous actions invalid?
The following are possible alternatives:
1. Do Nothing.
2. Agree to install four water and sewer lateral
crossings as requested.
3. Negotiate a compromise.
4. Install requested crossings and re-assess the
original project area.
If the asnwer to the , above questions is yes then alternative
1 would be appropriate., If the answer is no, then alternative
2 or 3 would be appropriate. To implement alternative 4, the
City would have difficulty proving benefit to properties on
the north side of Eagle Creek Boulevard.
RECOMMENDATION:
If Council agrees to install four crossings for Eagle Creek
Junction, I recommend that a service also be installed to the
Howard Schmitt property, thereby, providing total equity. The
cost of this action, as stated in a previous memo, would be
approximately $46, 343. 00 + $3, 600. 00 totaling $49, 943. 00. Since
$28,494. 70 theoretically remains in the fund balance, approxi-
mately (:$`21-,-4-21 would require outside funding.
If Council believes that all fund costs should be project cost
and assessed appropriately, I recommend the following compromise.
Project Cost to Date $208, 006. 16
Requested Crossing Cost (Approximately) $ 49, 943. 00
Total Future Project Cost $257, 949. 16
Laurent Builders assessment responsibility based on Future Pro-
ject Cost $118, 138. 10.
Current assessment amount filed on property owned by Laurent
Builders . . . . $108, 315. 00.
Additional assessed cost to Laurent Builders if all costs are
project costs . . . . $9, 823. 10.
Howard Schmitt assessment responsibility based on Future Project
Cost . . . . $6, 875. 84 •
) �
2
Eagle Creek Junction
May 29, 1986
Page 4
Current assessment amount filed on property owned by Howard
Schmitt . . . . $6, 304. 86.
Additional assessed cost to Howard Schmitt if all costs are
project costs . . . . $570. 98.
In summary, the aforestated compromise would provide for the
fund balance to pay a portion of future project cost (78. 80
% in the case of Laurent & 84. 14% in the case of Schmitt) and
each property owner pay a portion of future project cost (21. 20%
in the case of Laurent & 15. 86% in the case of Schmitt) .
RECOMMENDED ACTION:
Council to consider alternatives and recommendations and provide
direction to staff as to desired actions.
KA/pm p
ECJ
MEMO TO: John K. Anderson, City Administrator
FROM: Ken Ashfeld, City Engineer,
SUBJECT: Eagle Creek Junction
DATE: May 15, 1986
INTRODUCTION:
At the May 6, 1986 Council meeting, the subject of sanitary
sewer lateral improvements to the Eagle Creek Junction plat
was discussed. The Council directed me to research information
regarding service to the Howard Schmitt property.
BACKGROUND:
The attached- sketch of Benefitted Areas indicate those properties
receiving a trunk assessment and those that received a lateral
assessment. Mr. Gary Laurent has requested that the City provide
lateral crossings of Eagle Creek Boulevard (4 crossings in total
but only one at this time to Eagle Creek Junction) since the
Trunk is on the north side of the road and the properties on
the south side of the road do not have equal lateral access.
As directed, we have researched the following information:
1. Lateral and trunk assessments, on a unit basis, were
equal on the north and south side of the road.
2. In researching Council action relative to the Schmitt
property, we found a general discussion of costs but
no action. The property is not currently served.
Bo Spurrier indicated to me that Schmitt was riot re-
quired to hook up to the sewer due to the financial
hardship of the construction cost. Schmitt told me
that he understood that the City would install the
crossing of Eagle Creek Boulevard. Obviously, this
issue is not resolved.
3. Bo indicated that the lateral crossings were riot put
in with the project due to litigation with the con-
tractor and the uncertainty of lateral crossing loca-
tions. Apparently, the crossings, at the time, were
considered as part of the project, although not in-
itially part of the contract.
4. The project was assessed before completion of the
project based upon estimated costs. The total amount
assessed was $236, 500. 86. The costs incurred by this
project, including all costs associated with the con-
tractor
Eagle Creek Junction
May 15, 1986
Page 2
litigation and assessment litigation, is approximately
$208, 000. 00. This total cost difference of approxi-
mately $28, 500. 00 compares to a construction and en-
gineering cost difference of approximately $49, 500. 00.
SUMMARY:
Laurent is asking for 4 crossings of Eagle Creek Boulevard (sewer
and water) . He has a firm bid price of $11, 585. 77 for one cros-
sing. If all four are the same price, the total cost of four
crossings is $46, 343. 00. Since, if this request is granted,
I would expect Schmitt to claim equal treatment. The Schmitt
property has water available at the northeast corner of the
property, therefore, sewer is all, that is necessary in a crossing
to provide access. I estimate the cost of a sewer crossing
at approximately $3, 600. 00.
ALTERNATIVES:
1. City agree to provide crossings as requested for Laur-
ent.
2. City agree to provide crossings to the Laurent proper-
ties and Schmitt properties.
City does not agree to provide any additional lateral
crossings.
4. City agree to some form of compromise.
RECOMMENDATION:
It appears there is inequity of access between the properties
on the north side and south side of Eagle Creek Boulevard, but
seldom do assessments provide total equity among all properties.
If it was deemed equitable that laterals should be installed,
those laterals should have been constructed with the project
and all cost assessed.
If one looks at the project fund balance, there were funds avail-
able for these crossings prior to litigation. Currently, there
are no funds available for all the requested crossings.
If ' Council agrees that litigation costs are project costs, I
cannot recommend full financing of these crossings by the City
since approximately $28, 500. 00 - ($46, 343. 00 + $3, 600. 00) =
$21,443. 00 would be required from General Funds.
Eagle Creek Junction
May 15, 1986
Page 3
If Council agrees that litigation cost is beyond that of assessed
project cost, then there is, theoretically, dollars assessed
for these crossings.
As a caveat , when analyzing the fund balance one must keep in
mind that the fund is currently in debt due to delinquent pay—
ments of assessments.
REQUESTED ACTION:
Direction from Council to staff as to the manner in which to
handle the request from Gary Laurent and perhaps subsequent
requests from Howard Schmitt for lateral utility crossings of
Eagle Creek Boulevard.
KA/pmp
ECJ
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MEMO TO: John K. Anderson, City Administrator
FROM: Ken Ashfeld, City Engineer
SUBJECT: Eagle Creek. Junction
DATE: May " 1986
INTRODUCTION & BACKGROUND:
Attached is a copy of a letter received from Westwood Planning_
& Engineering Company representing Laurent Builders r egar dinfl
Eagle Creek Junction. Eagle Creek. Junction lies south of CSAH
16 and east of CSAH 17. The letter is riot specific but as back-
ground information, it is requesting the City to reimburse the
developer for a sewer and water crossing of CSAH 16 from the
trunk lines on the north side of CSAH 16. This crossino is
one of four that was apparently agreed to during the original
construction - of the trunk syst ems.
Engineering staff, due to the late receival of the letter, is
still in the process of researchino this matter and will have
this information available to the Council on May 6, 1986
REQUESTED ACTION:
No specific act ion requested by this memo.
KA/pmp
ECREEK
lWESTWOOD PLANNING
& ENGINEERING COMPANY -
May 1 , 1986
Mr. Ken Ashfeld, P.E.
City of Shakopee
129 East First Avenue
Shakopee, MN 55379
Re: Eagle Creek Junction
Dear Mr. Ashfeld:
The cost of installing the sewer and water across County Road 16 to the right of
way line is estimated to be $11,535.77. This price is broken dpwn below based
on our contractor's bid prices for the units and quantities needed to do this
portion of work. A copy of our contractor's bid is enclosed for your informa—
tion.
Sanitary Sewer Unit Price Quantity Total
1. 8" D.I.P. 8-10' L.F. 23.60 68 $ 1,604.80
2. Construct drop m.h.
over existing 8"
D.I.P. including
4' drop EACH 2,850.00 1 2,850.00
3. Extra Manhole build V.F. 68.00 .74 50.32
4. Rock Excavation L.F. 30.80 68
2,094.40
$ 6,599.52
Watermain
1. 6" D.I.P. L.F. 18.25 65 $ 1 ,186.25
2. 12x6 tapping valve
and sleeve EACH 1 ,300.00 1 1,300.00
3. Street restoration
& shoulder repair L.S. 2,500.00 1 2,500.00
$ 4,986.25
Total 211 ,585.77
If you have any questions, do not hesitate to call.
Sincerely,
WESTWOOD PLANNING & ENGINEERING COMPANY
./,‘.:,...-1.4 W. )4,;7 :12-1.--,/
Charles Poppler
7415 WAYZATA BOULEVARD, MINNEAPOLIS, MINNESOTA 55426 1612) 546-0155
PROPOSAL FOR SANITARY SEWER, WATERMAIN,
STORM SEWER AND STREETS
EAGLE CREEK JUNCTION
Proposal of , �/n�� L� J� LIC 77n// 2 '
Address/_". ,(76 , �.,2)/g?1/1.0_11 �,tzg / /?D /)//77.21,(-) ,u,U --64-6-da
Bids are due at the office of Westwood Planning & Engineering Company on the
day of , 1986, at
Gentlemen:
We propose to enter into a contract with the Owner to furnish and deliver all
material and equipment and perform all work, except as noted in the specifica-
tions prepared by Westwood Planning & Engineering Company.
Item Contract Unit Total
No. - Contract Item Unit Quantity Price Price
-
SANITARY SEWER
1. 8" D.I.P. 0-8' L.F. 0.0 ?3 F D O, O n
2. 8" D.I.P. 8'-10' L.F. 619.0 a•73.6n /-7" ' 410
3. Std. Manhole 0-8' EACH 2.0 9 ,o D / 90 D,O 0
4. Extra Manhole build V.P. 5.0 1g,D4 3,r/D.on
5. Construct drop manhole over EACH 1-0 q 950,00 c.7 85c ,o0
existing 8" D.I.P. 0-8' incl.
4 V.F. of drop
6"
6. 8" x /C' Wye EACH 6.0 S. oa
C,t
7. ," CISP 1/8 bends EACH 6.0 a' 7S' se
/
CISP Service L.F. 310.0 // ?[,[Q7 5,6
9. Rock excavation for sewer and C x'3'3':0 • EO .nO
waternain installation L r" /p"•.°
Subtotal Sanitary Sewer S4-4/3/21,Y0
WATERMAIN
1. 6" L.F. 638.0 /f,
2. 6" G.V. EACH 1.0 ,._5 (7 . o ��n S-n
3. Hydrant w/auxiliary valve EACH 1.0 /0,77g 30 1,77:?, 0
+. 12" x 6" tapping valve and EACH 1.0 /40O, co
sleeve installed 13D0'00
5. Fittings y LBS. 220.0 o
c. 2 SOD
'
5. ., x 374" Corp. EACH 6.0 f.--,7.570 9/.5-, ()
J -
7. 1f-:' Curb Stop w/Box EACH 6.0 /4,7,C4 6/�,en
3. Cu L.F. 304.0
?. 6" Plug, Installed EACH 1.0 -516,e0 1-0, e61
). Street & shoulder restoration
on Co. Rd. 16 for sewer and
water crossing L.S. 1.0 r- •e-
Subtotal Watermain
l'e.-7/S ?3 Sn
STORM SEWER
18'' R.C.P. L.F. 72.0
ai �S /syr Vo
18" R.C. Apron EACH 2.0 co6(7 , 70 ,5-a, , ,Cc.
Subtotal Storm Sewer
STREETS
• Subgrade Prep. S.Y. 2826.0
o,SS /. 30
(0.5' back of curb)
1-1/2" 2341 Wear Course S.Y. 2416.0 5-0 /T00 ,
• 1-1/2— 2331 Base Course S.Y. 2416.0 ?<' 4774e,
. 6" Class V Agg, Base S.Y. 2416.0 07. 7 lS-;r3.aD
(100% Crushed)
. B-618 Curb & Gutter L.F. 36.0 -5-" 30 /9'. 'O
. Surmountable Curb & Gutter L.F. 1030.0 44 -1Z-377, 50
. Bituminous Curb L.F. 84.0 -5/a5' ?4-7,00
. Adjust Manhole EACH 3.0 /5 7, 0 c ..5' .co
. Adjust Gate Valve EACH 3-0 /off ./-) , 3i�. o0
• Equipment Rental _
(Attach Rate Schedule) HOURLY ALLOW
..
1 ,000.00'
. Cleaning Streets prior to
wear course L.S. 1.0 7% 1,o 0 3/� 00
12. Tack coat S.Y. 181.0
(.075 gal. per S.Y.)
Subtotal Streets78,75.5-
Total — Sanitary Sewer,
Watermain, Storm Sewer and Streets //7 /) 67G, as
• -L. FT
‘ r2.
Shakopee City Council
June 10, 1986
Page -3-
Vierling/Leroux moved to receive and place on file the memo regarding amending
the City Code to Allow Mobile Homes in Ag District. Motion carried
unanimously.
Leroux/Vierling moved to open public hearing on Appeal by Edward Colmer of
decision of the Planning Commission denying Conditional Use Permit #450, a
helicopter ride business. Motion carried unanimously.
The City Planner explained that staff has received many letters from local
residents in opposition to the granting of conditional use permits for
helicopter services within the City limits. The Fish and Wildlife Service has
purchased from the developer of the Prairie House 1st Addition the property
where the proposed helicopter business is to operate. ,
Mr. Colmer, the applicant addressed the Council by saying he wished to withdraw
his application, because with the sale of property to the Fish and Wildlife
Service, his property no longer has public access.
Colligan/Lebens moved to close the public hearing. Motion carried unanimously.
Leroux/Colligan moved to accept Mr. Colmer's withdrawal of an application for a
conditional use permit for a helicopter ride business. Motion carried
unanimously.
Discussion ensued on Eagle Creek Junction's installations of the lateral
crossings. Ken Ashfeld, City Engineer, stated that a possible compromise might
be in order based on judgment of the mutual agreement between Gary Laurent and
Bo Spurrier, previous City Engineer, to delay the installation of the laterals.
r�
Leroux/Vierling moved to direct the appropriate Ctiy officials to enter into a
developers agreement with Laurent Builders, Inc. whereby the City will
participate in 78.80% of the cost of one water and sewer lateral crossing of
Eagle Creek Boulevard to the proposed Eagle Creek Junction Plat and 78.80% of
the future cost of a maximum additional three sewer and water lateral crossing
of Eagle Creek Boulevard to the remaining Laurent Builders, Inc. property, cost
of such participation to be taken from the Special Assessment Fund.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
Colligan/Leroux moved to direct staff to inform Mr. Howard Schmitt that the
City will participate in 84.14% of the future cost of a sewer service crossing
of Eagle Creek Boulevard, cost of such participation to be taken from the
Special Assessment Fund.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
Leroux/Wampach moved to have a memorandum directed from the Council and staff
to the owner of Arnie's Friendly Folks Club stating that his premises do not
meet the criteria for liquor license at this time and that no license will be
issued until such time as it does meet that criteria. Motion carried
unanimously.
(7)
II� Y94
Eugene F. and Virginia Hauer
2088 Hauer Trail
Shakopee, MN 55379
Judith S. Cox
City Clerk
City of Shakopee
City Hall
Shakopee, MN 55379
RE: Proposed Assessment, Project Nos. 1994-11 and 1995-3, County Road 16
Improvements
Dear Ms. Cox:
Please consider this letter our formal objection to the special assessment which the City of
Shakopee has proposed to levy on our property. For your records, the PID numbers of our
property are: 27-908040-0; 27-908041-0; 27-908068-0; and 27-9080 .
Without limitation, the primary reasons for this objection are:
re
1. The amount of the proposed assessment is lathan the value of the benefit
to our property;
2. The improvements benefit other properties which are not being specially
assessed;
3. The general public, and non-assessed properties, derive substantially the
same benefits from the improvements,thus the proposed special
assessment will imposein unequal burden on those property owners being
assessed, in violation of the equal protection clauses of Minnesota and
United States Constitutions.
Please retain this letter in the City's files, as the filing of a written objection is necessary to
preserve the right to file an appeal of the special assessment in District Court.
Thank you for your cooperation. If you have any questions, please feel free to contact us at the
above address.
Sincerely,
4( r f4,�
► b49/
cc: David L. Sasseville, Esq. o� �y
V�
. "d!)
•
John M. and Sharon Deliwo
2304 Eagle Creek Blvd.
Shakopee, MN 55379
Judith S. Cox
City Clerk
City of Shakopee
City Hall
Shakopee, MN 55379
RE: Proposed Assessment, Project Nos. 1994-11 and 1995-3, County
Road 16 Improvements
Dear Ms. Cox:
Please consider this letter our formal objection to the special
assessment which the City of Shakopee has proposed to levy on our
property. For your records, the PID numbers of our property are:
27-908015-0 and 27-908020-0.
Without limitation, the primary reasons for this objection are:
• 1. The amount of the proposed assessment is more than the
value of the benefit to our property;
2. The improvements benefit other properties which are not
being specially assessed;
3. The general public, and non-assessed properties, derive
substantially the same benefits from the improvements,
thus the proposed special assessment will impose an
unequal burden on those property owners being assessed,
in violation of the equal protection clauses of Minnesota
and United States Constitutions.
Please retain this letter in the City' s files, as the filing of a
written objection is necessay to preserve the right to file an
appeal of the special assessment in District Court .
Thank you for your cooperation, If you have any questions, please
feel free to contact us at the above address.
Sincerely,
j
�> i_ J{1. j � Cat•
S1" A4. oel/wo
cc: David L. Sasseville, Esq.
CSI
11. h4- 6
William and Kandi Scheurer
2078 Eagle Creek Boulevard
Shakopee, MN 55379
Judith S. Cox
City Clerk
City of Shakopee
City Hall
Shakopee, MN 55379
RE: Proposed Assessment, Project Nos. 1994-11 and 1995-3, County Road 16
Improvements
Dear Ms. Cox:
Please consider this letter our formal objection to the special assessment which the City of
Shakopee has proposed to levy on our property. For your records, the PID number of our
property is: 27-908029-0.
Without limitation, the primary reasons for this objection are:
MORE
1. The amount of the proposed assessment is Ins than the value of the benefit
to our property;
2. The improvements benefit other properties which are not being specially
assessed;
3. The general public, and non-assessed properties, derive substantially the
same benefits from the improvements, thus the proposed special
assessment will impose fi.nequal burden on those property owners being
assessed, in violation of the equal protection clauses of Minnesota and
United States Constitutions.
Please retain this letter in the City's files, as the filing of a written objection is necessary to
preserve the right to file an appeal of the special assessment in District Court.
Thank you for your cooperation. If you have any questions, please feel free to contact us at the
above address.
Sincerely,
_:• : I. _` � . l $ 1 DMQkLtkLk '1 .
RECEIVED
cc: David L. Sasseville, Esq. N0\ 9 1996
PEE
co OF SHAK°
Clifford D. and Kathy Stafford
2328 Eagle Creek Boulevard
Shakopee, MN 55379
Judith S. Cox
City Clerk
City of Shakopee
City Hall
Shakopee, MN 55379
RE: Proposed Assessment, Project Nos. 1994-11 and 1995-3, County Road 16
Improvements
Dear Ms. Cox:
Please consider this letter our formal objection to the special assessment which the City of
Shakopee has proposed to levy on our property. For your records, the PID number of our
property is: 27-908016-0.
Without limitation, the primary reasons for this objection are:
moo.
1. The amount of the proposed assessment is-less than the value of the benefit
to our property;
2. The improvements benefit other properties which are not being specially
assessed;
3. The general public, and non-assessed properties, derive substantially the
same benefits from the improvements, thus the proposed special
assessment will imposeAn unequal burden on those property owners being
assessed, in violation of the equal protection clauses of Minnesota and
United States Constitutions.
Please retain this letter in the City's files, as the filing of a written objection is necessary to
preserve the right to file an appeal of the special assessment in District Court.
Thank you for your cooperation. If you have any questions, please feel free to contact us at the
above address.
Sincerel
RECEIVED
cc: David L. Sasseville, Esq. Ne3"1 91996
cm( o� SHAKppEE
I19 -a' �
Van D. and Shirley Sindelar
2256 Eagle Creek Boulevard
Shakopee, MN 55379
Judith S. Cox
City Clerk
City of Shakopee
City Hall
Shakopee, MN 55379
RE: Proposed Assessment, Project Nos. 1994-11 and 1995-3, County Road 16
Improvements
Dear Ms. Cox:
Please consider this letter our formal objection to the special assessment which the City of
Shakopee has proposed to levy on our property. For your records, the PID number of our
property is: 27-908019-0.
Without limitation, the primary reasons for this objection are:
- 1. The amount of the proposed assessment is motethan the value of the benefit
to our property;
2. The improvements benefit other properties which are not being specially
assessed;
3. The general public, and non-assessed properties, derive substantially the
same benefits from the improvements, thus the proposed special
assessment will impose in unequal burden on those property owners being
assessed, in violation of the equal protection clauses of Minnesota and
United States Constitutions.
Please retain this letter in the City's files, as the filing of a written objection is necessary to
preserve the right to file an appeal of the special assessment in District Court.
Thank you for your cooperation. If you have any questions, please feel free to contact us at the
above address.
Sincerely,
RECEIVED
)4:4 (0/. � • NOV 1 9 1996
-ccL. Sasseville, Esq.
CITY OF SHAKOPEE
From : CARB & TURBO SYSTEMS--ST PETER PHONE No. : 507 931 5575 Nov. 19 1996 12:10PM P01
) ] .)(4 -
David
] . -David E. and Deanna G. Lelvestad
N.O. lox 74
St. Peter,MN 56082
•
Judith S. Cox
City Clerk
•
City of Shakopee
City Hall
Shakopee,MN 55379
•
• RE: Proposed Assessment,Project Nos. 1994-11 and 1995-3, County Road 16
Improvements •
Dear Ms. Cox:
Please consider this letter our formal objection to the special assessment which the City of
Shakopee has proposed to levy on ort•property. ror your records,the RD numbers of our
property are: 27.908033.1 and 27-905009-1.
Without limitation, the primary reasons for this objection are:
1. The amount of the proposed assessment is n►orethan the value ofthe benefit
to our property,
2. The improvements benefit other properties which are rout being specially
assessed;
• 3. The general public,an non-assessed properties,derive substantially the
same benefits from the improvements,thus the proposed special
assessment will impose in unequal burden on those property owners being
assessed,in violation of the equal protection clauses otMin tesota and
United States Constitutions.
Please retain this letter in the City's files,as the filing of a written objection is necessary to
preserve the right to file an appeal of the special assessment in District Court.
Thank you forcooperation. You have anyquestions,please feel free to contact us at the
s k your If y
above address. •
Sincerely,
: 7iteal ie94`43Z---'‘
lU1�MrKA. .!� .
y -cc: David L. Sasseviilc,Esq.
Q. S . 1Ma . C.t> , •
cal-) +0 vv�. /W c*'vnvrs(4_ r
T Su Jut a �-w�.d : t s- o
NO 'Yla,J1 ti 1 a I to ..IA(kboun �tnlw'v am. ,ate rn nnM'�,-'�"' °Yu-, .
p ' fir u.``,="'"7:
:n.n« .
r "Lim. ct-Gc1 f, 4 wv a , a. c-Or `. c.
David E. and Deanna G. Leivestad
P.O. Box 74
St. Peter, MN 56082
Judith S. Cox
City Clerk
City of Shakopee
City Hall
Shakopee, MN 55379
RE: Proposed Assessment, Project Nos. 1994-11 and 1995-3, County Road 16
Improvements
Dear Ms. Cox:
Please consider this letter our formal objection to the special assessment which the City of
Shakopee has proposed to levy on our property. For your records, the PID numbers of our
property are: 27-908033-1 and 27-905009-1.
Without limitation, the primary reasons for this objection ar-•
1. The amount of the proposed assess nt is less than t - value of the benefit
to our property;
2. The improvements benefit other properties which are not being specially
assessed;
3. The general public, and non-assessed properties, derive substantially the
same benefits from the improvements, thus the proposed special
assessment will impose in unequal burden on those property owners being
assessed, in violation of the equal protection clauses of Minnesota and
United States Constitutions.
Please retain this letter in the City's files, as the filing of a written objection is necessary to
preserve the right to file an appeal of the special assessment in District Court.
Thank you for your cooperation. If you have any questions, please feel free to contact us at the
above address.
Sincerely,
ReCENe
g 199
cc: David L. Sasseville, Esq. NGS
6,-
1/ /3 f
J.N. Underwood Construction
By James N. Underwood
737 S. Scott
Shakopee, MN 55379
Judith S. Cox
City Clerk
City of Shakopee
City Hall
Shakopee, MN 55379
RE: Proposed Assessment, Project Nos. 1994-11 and 1995-3, County Road 16
Improvements
Dear Ms. Cox:
Please consider this letter my formal objection to the special assessment which the City of
Shakopee has proposed to levy on my property. For your records, the PID numbers of my
property are: 27-908034-0; 27-908035-0; 27-905010-1 and 27-905011-1.
Without limitation, the primary reasons for this objection are:
1. The amount of the proposed assessment is more than the value of the benefit
to my property;
2. The improvements benefit other properties which are not being specially
assessed;
3. The general public, and non-assessed properties, derive substantially the
same benefits from the improvements, thus the proposed special
assessment will impose in unequal burden on those property owners being
assessed, in violation of the equal protection clauses of Minnesota and
United States Constitutions.
Please retain this letter in the City's files, as the filing of a written objection is necessary to
preserve the right to file an appeal of the special assessment in District Court.
Thank you for your cooperation. If you have any questions, please feel free to contact me at the
above address.
Sincerely,
It
6),--,L„Jb--- RECEIVED
I Nov 1 9 1996
CITY OF SHAKOPEE
NOVEMBER 17 1996
CITY OF SHAKOPEE
MS. JUDY COX
CITY CLERK
I WISH TO APPEAL AND OBJECT TO THE ASSESSMENTS FOR
SEWER AND WATER AND LATERAL STORM SEWER THAT I
RECEIVED IN THE MAIL ON OR ABOUGHT SAT NOVEMBER 2 1996.
MY PARCEL # IS 27-905005-0 AND PARCEL # 27-908028-0 TOTAL
ASSESSMENT FOR THE PROPERTY $13,473.18
THE INTENT OF THIS LETTER IS TO ADVISE THE CITY THAT I
FEEL THE ASSESSMENTS ARE EXCESSIVE FOR THE BENEFIT TO
THE PROPERTY.
SING' 1
Ori' iTiff'i •
RECEIVED
NOV 1 81996
CITY OF SHAKOPEE
II. C3 .
CITY OF SHAKOPEE
Memorandum
TO: Mayor&City Council
Mark McNeill,City Administrator
FROM: Bruce Loney,Public Works Director
SUBJECT: Adopting Assessments for C.R. 16
Concrete Curb and Gutter, from C.R. 17 to
Approximately 1,000 Feet East of C.R. 83
Project No. 1995-3
DATE: November 19, 1996
INTRODUCTION:
Attached is Resolution No. 4568 which adopts the assessments for County Road (C.R.)
16 curb and gutter improvements, from C.R. 17 to approximately 1,000 feet east of C.R.
83, Project No. 1995-3
BACKGROUND:
The City adopted Resolution No. 4113 on November 1, 1994, ordering the improvements
on C.R. 16 and designating the Scott County Highway engineer as the engineer for the
project. The work has been completed and the final costs have been determined. An
assessment roll has been prepared which is attached to this memorandum. The total cost
to be assessed is $73,874.82. The curb and gutter improvements were assessed at a front
footage basis with an assessment rate of$3.75 per front foot.
The City's Policy for County improvement projects is to assess the curb and gutter
improvement costs to the benefiting properties. The County does charge the City 50% of
the curb and gutter costs associated with urban roadway improvements, and this is the
cost that is being assessed to the properties abutting C.R. 16.
ALTERNATIVES:
1. Adopt Resolution No. 4568.
2. Deny Resolution No 4568.
3. Table for additional information.
RECOMMENDATION:
Staff recommends Alternative No. 1, to adopt Resolution No. 4568 so that the
assessments can be certified to Scott County before November 30, 1996.
ACTION REQUESTED:
Offer Resolution No. 4568, A Resolution Adopting Assessments for County Road 16,
from County Road 17 to Approximately 1,000 Feet East of County Road 83 Including
Curb and Gutter, Project No. 1995-3 and move its adoption.
AV_ \-4 ,14
Bruce Loney
Public Works Director
BL/pmp
MEM4568
RESOLUTION NO. 4568
A Resolution Adopting Assessments
For County Road 16,From County Road 17
To Approximately 1,000 Feet East Of County Road 83
Including Curb And Gutter
Project No. 1995-3
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:
Installation of curb&gutter on County Road 16,from County Road 17 to
approximately 1,000 feet east of County Road 83.
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
benefited by the proposed improvements in the amount of the assessments levied against it.
2. Such assessments shall be payable in equal annual installments extending over a period
of ten years,the first installment to be payable on or before the first Monday in January, 1997, and
shall bear interest at the rate of 6.25 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, 1997 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; the owner
may thereafter pay to the County Treasurer the installment and interest in process of collection on
the current tax list, and 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 November 30th of each year the total
amount of installments and interest on assessments on each parcel of land which are to become due
in the following year.
Adopted in session of the City Council of the City of
Shakopee,Minnesota,held this day of , 1996.
Mayor of the City of Shakopee
ATTEST:
City Clerk
COUNTY ROAD 16 IMPROVEMENTS
CURB AND GUTTER ASSESSMENTS
Project Cost
$79,053.56 OCTOBER , 1996
REVISED 10/23/96
Property Front Percent Total
PID Number Owner Legal Discription Footage Assessed Assessment
27-047001-0 State of Minn. Dept. of Trans. LOT 1 BLK 1 210 100.00% $787.50
% K F Rasmussen KILLARNEY HILLS
Mail Stop 631
Transportation Bldg.
St. Paul, Mn. 55155
27-047002-0 State of Minn. Dept. of Trans. LOT 2 BLK 1 120 100.00% $450.00
% K F Rasmussen KILLARNEY HILLS
Mail Stop 631 &THE N 1/2 OF VAC SHARON PKWY
Transportation Bldg. ADJ.TO LOT 2 BLK 1
St. Paul, Mn. 55155
27-047003-0 State of Minn. Dept.of Trans. LOT 3 BLK 1 115 100.00% $431.25
% K F Rasmussen KILLARNEY HILLS
Mail Stop 631 &N 1/2 VAC SHARON PKWY ADJ
Transportation Bldg. TO PKWY ADJ TO LOT 3 BLK 1
St. Paul, Mn. 55155
27-047004-0 State of Minn. Dept. of Trans. LOT 4 BLK 1 115 100.00% $431.25
% K F Rasmussen KILLARNEY HILLS
Mail Stop 631 &N 1/2 OF VAC SHARON PKWY
Transportation Bldg. ADJ TO LOT 4 BLK 1
St. Paul, Mn. 55155
27-047005-0 State of Minn. Dept. of Trans. LOT 5 BLK 1 115 100.00% $431.25
% K F Rasmussen KILLARNEY HILLS
Mail Stop 631 &N 1/2 VAC SHARON PKWY ADJ TO
Transportation Bldg. LOT 5 BLK 1
St. Paul, Mn. 55155
State of Minn. Dept. of Trans. LOT 6 BLK 1
27-047006-0 % K F Rasmussen KILLARNEY HILLS 115 100.00% $431.25
Mail Stop 631 &N1/2 VAC SHARON PKWY ADJ TO
Transportation Bldg. LOT 6 BLK 1
St. Paul, Mn. 55155
27-047007-0 State of Minn. Dept. of Trans. LOT 7 BLK 1 140 100.00% $525.00
% K F Rasmussen KILLARNEY HILLS
Mail Stop 631 EX HWY.
Transportation Bldg.
St. Paul, Mn. 55155
27-047011-0 State of Minn. Dept. of Trans. LOT 11 BLK 1 85 100.00% $318.75
% K F Rasmussen KILLARNEY HILLS
Mail Stop 631
Transportation Bldg.
St. Paul, Mn. 55155
COUNTY ROAD 16 IMPROVEMENTS
CURB AND GUTTER ASSESSMENTS
Project Cost
$79,053.56 OCTOBER , 1996
REVISED 10/23/96
Property Front Percent Total
PID Number Owner Legal Discription Footage Assessed Assessment
27-047012-0 Paul J&Geraldine Schmitz LOT 1 BLK 2 280 50.00% $525.00
1401 Tyrone Drive KILLARNEY HILLS (corner lot)
Shakopee, Mn. 55379
27-047013-0 Scott County Hwy Engr. LOT 2 BLK 2 200 100.00% $750.00
600 Country Trail E KILLARNEY HILLS
Jordan, Mn. 55352
27-078001-0 P& R Mini Storage LOT 1 BLK 1 CLAY'S 1ST 50 100.00% $187.50
1895 Eagle Creek Blvd
Shakopee, Mn. 55379
27-085001-0 State of Minn. Dept. of Trans. LOT 1 BLK 1 DCCO 1STADDN 200 100.00% $750.00
% K F Rasmussen
Mail Stop 631
Transportation Bldg.
St. Paul, Mn. 55155
27-119001-0 P& R Mini Storage LOT 1 BLK 1 DELLA'S 1ST 140 100.00% $525.00
1895 Eagle Creek Blvd EX NE 17'ROAD
Shakopee, Mn. 55379
27-119012-0 Darwin E&Arliss M Gilbertson OUTLOTA DELLA'S 1ST 110 100.00% $412.50
2078 Eagle Creek Blvd
Shakopee, Mn. 55379
27-120004-0 Shakopee Super 8 Partnership LOT 4 BLK 1 CENTURY PLAZA 70 100.00% $262.50
7240 Metro Blvd SQUARE 3RD
Edina, Mn. 55439
27-123005-0 Valley Green Industrial Park OUTLOT A CANTERBURY PARK 2N 1180 100.00% $4,424.99
5240 Valley Industrial Blvd EX HWY
Shakopee, Mn. 55379
27-123006-0 Valley Green Industrial Park OUTLOT B CANTERBURY PARK 2N 60 100.00% $225.00
5240 Valley Industrial Blvd EX HWY
Shakopee, Mn. 55379
27-123007-0 Valley Green Industrial Park OUTLOT C CANTERBURY PARK 2N 65 100.00% $243.75
5240 Valley Industrial Blvd EX HWY
Shakopee, Mn. 55379
27-128001-0 Kyle D. Tutsch P/O LOT 1 BLK 1 EAGLE CREEK 69 50.00% $129.37
1601 Roundhouse Circle JUNCTION 1ST LYING NW OF A (corner lot)
Shakopee, Mn. 55379 LINE COM MOST N'ERLY COR,SE
68.62'TO POB,SW 143.21',
TO SW LINE AND THERE ENDING
27-128001-1 James&Carolyn M Eischens PO/LOT 1 BLK 1 EAGLE CREEK 49 0.00% $0.00
1603 Roundhouse Circle JUNCTION 1ST COM MOST N'ERLY (double front)
Shakopee, Mn. 55379 COR,SE 68.62'TO POB:SW
143.21'TO SW LINE,SE 49.37'
NE 140.88'NW 49.43'TO POB
COUNTY ROAD 16 IMPROVEMENTS
CURB AND GUTTER ASSESSMENTS
Project Cost
$79,053.56 OCTOBER , 1996
REVISED 10/23/96
Property Front Percent Total
PID Number Owner Legal Discription Footage Assessed Assessment
27-128001-2 Duane Braunworth PO/LOT 1 BLK 1 EAGLE CREEK 49 0.00% $0.00
1605 Roundhouse Circle JUNCTION 1ST COM MOST N'ERLY (double front)
Shakopee,Mn. 55379 COR,SE 118.05'TO POB
SW 140.88'TO SW LINE
SE 49.37',NW 138.55'
NW 49.43'TO POB
27-128001-3 Richard A. King PO/LOT 1 BLK 1 EAGLE CREEK 51 0.00% $0.00
1607 Roundhouse Circle JUNCTION 1ST COM MOST N'ERLY (double front)
Shakopee, Mn. 55379 COR,SE 167.48'TO POB
SW 138.55'TO S'ERLY LINE
&THERE TERMINATING
27-128002-0 Mark L& Kan S Houser LOT 2 BLK 1 EAGLE CREEK 100 0.00% $0.00
417 Shakopee Ave E JUNCTION 1ST (double front)
Shakopee, Mn. 55379
27-131094-0 David A& Kathleen J Kincs OUTLOT A HAUER'S 4TH 115 50.00% $215.62
2860 Eagle Creek Blvd (corner lot)
Shakopee, Mn. 55379
27-163001-0 Thomas J&Penelope L Conway P/O LOT 1 BLK 1 EAGLE CREEK 52 50.00% $97.50
1487 Roundhouse Circle JUNCTION 3RD LYING N'ERLY (corner lot)
Shakopee, Mn. 55379 OF A LINE COM AT PT ON E
LINE 52.11'S OF MOST E'ERLY
COR TO A PT ON W LINE 110.09'
S OF THE MOST N'ERLY COR
27-163002-0 Lenore D. Roorda LOT 2 BLK 1 EAGLE CREEK 36 0.00% $0.00
1499 Roundhouse Circle JUNCTION 3RD SE'ERLY 36' (double front)
Shakopee, Mn. 55379
27-163002-1 Adam E. J. & Lynn E. Squier LOT 2 BLK 1 EAGLE CREEK 36 0.00% $0.00
1495 Roundhouse Circle JUNCTION 3RD EX SE'ERLY 36' (double front)
Shakopee, Mn. 55379
27-163003-0 David M &Lisa M Happe LOT 3 BLK 1 EAGLE CREEK 36 0.00% $0.00
1505 Roundhouse Circle JUNCTION 3RD EX NWERLY 36' (double front)
Shakopee, Mn. 55379
27-163003-1 Brian K& B Lynette Bjerke LOT 3 BLK 1 EAGLE CREEK 36 0.00% $0.00
1501 Roundhouse Circle JUNCTION 3RD NWERLY 36' (double front)
Shakopee, Mn. 55379
27-163004-0 Greg a. &Michelle A Peppel LOT 4 BLK 1 EAGLE CREEK 36 0.00% $0.00
1509 Roundhouse Circle JUNCTION 3RD NWERLY 36'OF (double front)
Shakopee, Mn. 55379
COUNTY ROAD 16 IMPROVEMENTS
CURB AND GUTTER ASSESSMENTS
Project Cost
$79,053.56 OCTOBER , 1996
REVISED 10/23/96
Property Front Percent Total
PID Number Owner Legal Discription Footage Assessed Assessment
27-163004-1 Ernest& Diane L. Borrego LOT 4 BLK 1 EAGLE CREEK 36 0.00% $0.00
1513 Roundhouse Circle JUNCTION 3RD EX NWERLY 36' (double front)
Shakopee, Mn. 55379
27-163005-0 Mary E. Zart LOT 5 BLK 1 EAGLE CREEK 36 0.00% $0.00
1521 Roundhouse Circle JUNCTION 3RD EX NWERLY 36' (double front)
Shakopee, Mn. 55379
27-163005-1 Jeffrey R& Kann J Wendorff LOT 5 BLK 1 EAGLE CREEK 36 0.00% $0.00
1517 Roundhouse Circle JUNCTION 3RD NWERLY 36'OF (double front)
Shakopee, Mn. 55379
27-163006-0 Myron &Melissa Peterson LOT 6 BLK 1 EAGLE CREEK 44 0.00% $0.00
1525 Roundhouse Circle JUNCTION 3RD NWERLY 44' (double front)
Shakopee, Mn. 55379
27-163006-1 Debra A Mundt LOT 6 BLK 1 EAGLE CREEK 44 0.00% $0.00
1529 Roundhouse Circle JUNCTION 3RD NWERLY 44' (double front)
Shakopee, Mn. 55379
27-163007-0 John C Hainsworth LOT 7 BLK 1 EAGLE CREEK 44 0.00% $0.00
1533 Roundhouse Circle JUNCTION 3RD NWERLY 44'OF 7 (double front)
Shakopee, Mn. 55379
27-163007-1 Kevin R. Ellingboe LOT 7 BLK 1 EAGLE CREEK 44 0.00% $0.00
1537 Roundhouse Circle JUNCTION 3RD LYING SE OF (double front)
Shakopee, Mn. 55379 NWERLY 44'
27-163008-0 Myron M &Adelle Stern LOT 8 BLK 1 EAGLE CREEK 36 0.00% $0.00
1541 roundhouse Circle JUNCTION 3RD P/O 8-1 LYING (double front)
Shakopee, Mn. 55379 WERLY OF A LINE COM AT PT ON S
LINE38'E OF SW COR,N'ERLY TO A
PT ON N LINE 36.2'E OF NW COR
&THERE TERMINATING
27-163008-1 Richard T&Jodi L Johnson LOT 8 BLK 1 EAGLE CREEK 74 50.00% $138.75
1545 Roundhouse Circle JUNCTION 3RD LYING E'ERLY (corner lot)
Shakopee, Mn.55379 OF A LINE COM AT PT ON S LINE
38'E OF SW COR,N'ERLY TO A
PT ON N LINE 36.2'E OF NW COR
&THERE TERMINATING
27-163009-0 Kathleen M Prochaska LOT 1 BLK 2 EAGLE CREEK 32 50.00% $60.00
1446 Roundhouse Circle JUNCTION 3RD LYING N OFA (corner lot)
Shakopee, Mn. 55379 LINE COM AT PT ON E LINE
32.15'N OF SE COR TO A PT
ON W LINE 52.86'N OF SW COR
27-163023-0 Dean J &Janice Walden OUTLOT A EAGLE CREEK 470 100.00% $1,762.50
13741 Johnson Memorial Dr. JUNCTION 3RD ADDN
Shakopee, Mn. 55379
COUNTY ROAD 16 IMPROVEMENTS
CURB AND GUTTER ASSESSMENTS
Project Cost
$79,053.56 OCTOBER , 1996
REVISED 10/23/96
Property Front Percent Total
PID Number Owner Legal Discription Footage Assessed Assessment
27-905005-0 John J. &Jane C DuBois 5 115 22 P/O SW1/4 SW1/4 174 100.00% $652.50
1305 6 Ave.W. BEG SW COR N TO INT OF CR16 (odd lot)
Shakopee, Mn. 55379 SE TO INT S LINE,W TO BEG
27-905007-0 Lester Koehnen 5115 22 W 449 OF S 573.4 511 100.00% $1,916.25
12788 N. Shannon Drive OF SW1/4 SW1/4 LYING
Shakopee, Mn. 55379 N'ERLY OF CR16
EX..16A ROAD
27-906023-0 Howard C Schmitt 6-11522 P/O SE1/4 COM SE COR 184 100.00% $690.00
1796 Eagle Creek Blvd. N 178.5,NW 183.8,SW 256.6,
Shakopee, Mn. 55379 SE TO S LINE,E 139.3 TO BEG
27-906025-0 Zweber Walsh Partnership 6 115 22 P/O SE1/4 COM INT OF 200 50.00% $375.00
P.O. Box 158 CR16&CR17 SE 331.55,SW (corner lot)
Lakeville, MN 55044 112.65,NW 267,NE 269.37,TO
BEG EX.54A ROAD
27-906029-0 P. A. C. T. Credit Rd. LLP 6 115 22 TRIANGULAR TRACT IN 1243 100.00% $4,661.24
49 Nord Circle E3/4 OF S1/2 OF SE1/4 N OF (odd lot)
St. Paul, Mn. 55127 SHAKOPEE&CREDIT RIVER ROAD
EX 3.5A EX..84A HWY
27-906030-0 P.A. C. T. Credit River Rd. LLP 6 115 22 3.5 A COM NE COR 780 100.00% $2,924.99
49 Nord Circle W 1136.76',TO BEG,S 411.35, (odd lot)
St. Paul, Mn. 55127 NW ON HWY 16 850.14,E 744 TO
PT OF BEG IN S1/2 SE1/4
27-908006-0 Donald C& Lorraine Parrott 8 115 22 E1/2 NW1/4 N OF 1220 100.00% $4,574.99
305 S 8th St S. ROAD EX 5A EX.5A Hwy
Buckeye, Az. 85326
27-908012-0 Gerhard F & Mary E Schmitt 8 115 22 P/O NE1/4 NW1/4 COM 102 100.00% $382.50
2206 Eagle Creek Blvd 558.8 S OF NW COR,SE 362.45
Shakopee, Mn. 55379 TO POB,SE 102,SW 375.7,
NW 102,NE 374.85,TO BEG
EX WESTERLY 6.43'EX HWY
27-908013-0 James H & Phyllis C Hanson 8 115 22 P/O E1/2 NW1/4 COM 102 100.00% $382.50
2184 Eagle Creek Blvd 554.64 S OF NW COR OF NE1/4
Shakopee, Mn. 55379 NW1/4,SE 266.88 TO POB,SE
102,SW 370.59,NW 102
NE 369.63 TO BEG EX.04A RD.
27-908014-1 Eugene F Hauer 8 115 22 E1/2 NW1/4 COM INT OF 204 100.00% $765.00
2088 Hauer Trail E LINE&CL C.R.16,S ALONG E LINE
Shakopee, Mn. 55379 37.40',N60-40-20W 151.9',S28-51-
00W 302.04',N60-10-40W 100.10',
528-51-00W 230.56'E LINE OF
HAUER'S 1ST,NE ALONG E LINE
95.07',134.13&26.04'N29-51-00E
380.74'TO CL OF RD,SE ALONG
CL 337.29'TO POB
COUNTY ROAD 16 IMPROVEMENTS
CURB AND GUTTER ASSESSMENTS
Project Cost
$79,053.56 OCTOBER , 1996
REVISED 10/23/96
Property Front Percent Total
PID Number Owner Legal Discription Footage Assessed Assessment
27-908015-0 John M&Sharon Dellwo 8 115 22 P/O NE1/4 NW1/4 COM 102 100.00% $382.50
2304 Eagle Creek Blvd INT CR16&W LINE,SE 853.9
Shakopee, Mn. 55379 TO POB,SE 102,SW 380.1,
NW 102,N 379.2 TO BEG EX HWY
27-908016-0 Clifford D& Kathleen Stafford 8 115 22 P/O E1/2 NW1/4 COM 102 100.00% $382.50
2328 Eagle Creek Blvd INT CR16&W LINE NE1/4
Shakopee, Mn. 55379 NW1/4,SE 955.9 TO POB,SE 102
SW 380.95,NW 102,NE 380.1
TO BEG EX..04A HWY
27-908017-0 Dean C&Susan K Struck 8 115 22 P/O NE1/4 NW1/4 102 100.00% $382.50
2232 Eagle Creek Blvd COM 558.8 OF NW COR,SE 566.45
Shakopee, Mn. 55379 TO POB,SE 102,SW 377.45,NW 102,
NE 376.6 TO BEG EX.04A HWY
27-908018-0 Howard S&Joan Luhmann 8 115 22 P/O NW1/4 COM INT 102 100.00% $382.50
2350 Eagle Creek Blvd CR16&W LINE NE1/4 NW1/4
Shakopee, Mn. 55379 SE 1057.9 TO POB,SE 102,
SW 381.8,NW 102,NE 380.95
TO BEG EX.04A RD.
27-908019-0 Van D&Shirley Sindelar 8 115 22 P/O E 1/2 NW1/4 102 100.00% $382.50
2256 Eagle Creek Blvd COM INT CR16&W LINE NE1/4
Shakopee, Mn. 55379 NW1/4 SE 649.9 TO POB,SE 102
SW 378.3,NW 102,NE 377.45 TO
POB EX.04A RD.
27-908020-0 John M &Sharon Dellwo 8 115 22 102'X 379.2'X 102 100.00% $382.50
2304 Eagle Creek Blvd 102'X 378.3'IN E1/2
Shakopee, Mn. 55379 NW1/4 EX HWY
27-908021-0 David J & Bonnie R Peterson 8115 22 P/O E1/2 NW1/4 COM 102 50.00% $191.25
2080 Hauer Trail 1354.4 S OF NE COR,NW 151.9 (corner lot)
Shakopee, Mn. 55379 TO POB,SE 101.9 SW 219.9 SW
87.3 NW TO INT W LINE POB,
NE TO BEG EX HWY
27-908024-0 Gerhard F&Mary E Schmitt 8 115 22 P/O NE1/4 NW1/4 102 100.00% $382.50
2206 Eagle Creek Blvd COM 558.8 S OF NW COR SE
Shakopee, Mn. 55379 464.45 TO POB,SE 102,SW 376.6'
NW 102'NE 375.5'TO POB EX HWY
27-908025-0 Al's Landscaping & Nursery 8 115 22 P/O NW1/4 BEG INT 254 100.00% $952.50
6038 Pillsbury Ave S E LINE&CR16,N 1048.33,W
MPLS, Mn. 55419 221,S 922.72,SE 254.2 TO BEG
27-908026-0 Micheal H &Anne L Giles 8 115 22 P/O NW1/4 W1i'/1/4 385 100.00% $1,443.75
23545 Cedar Ave. NE OF CR16&E OF Lk11E 969 E
Farmington, MN 55024 OF W LINE EX E 1 ROO&EX.16A HWY
COUNTY ROAD 16 IMPROVEMENTS
CURB AND GUTTER ASSESSMENTS
Project Cost
$79,053.56 OCTOBER , 1996
REVISED 10/23/96
Property Front Percent Total
PID Number Owner Legal Discription Footage Assessed Assessment
27-908026-1 Zylstra-United 8 115 22.21 E 1 ROD OF NW1/4 40 100.00% $150.00
137 E First Ave NW1/4 LYING N OF CR16
Shakopee, Mn. 55379
27-908028-0 John J. &Jane DuBois 8 115 22 P/O NW1/4 NW1/4 104 100.00% $390.00
1305 6 Ave.W. COM NW COR,E TO CL OF CR16
Shakopee, Mn. 55379 SE 36.9,S 230 TO RR,NW TO
W LINE,N TO BEG&NE'ERLY
1/2 OF VACATED RR
27-908029-0 William G. Scheurer, Jr. 8 115 22 W 1/2 NW1/4 COM 206 100.00% $772.50
2078 Eagle Creek Blvd NW COR OF 0-L A,DELLAS 1ST ADD
Shakopee, Mn. 55379 59-49-43 W.21.28 TO CL OF C.R.16
N 59-49-43 W ALONG CL 205.72'S
34-43-17 W 365.11'TO CL OF ABAND.
RR,SE'ERLY ALONG CURVE CL TO
INT OF LINE DRAWN S 28-53-10 W.
FROM ROB,NE'ERLY ALONG LINE
436.85'TO POB
27-908029-1 Darwin E Arliss M Gilbertson 8 115 22 NW 1/4 NW1/4 COM 373.5' 780 100.00% $2,924.99
2078 Eagle Creek Blvd E OF NW COR,SE 132.2'TO POB,
Shakopee, Mn. 55379 SW 220',SW 60',SE TO PT 1148.2'
S OF NE COR,N 589.4',NW 1073.05'
TO POB. EX 0.48A&N'ERLY 1/2 OF
ADJ VACATED RR,EX 1.56A(PLAT
OF DELLA'S 1ST)EX(029-0)
EX 0.31A ROAD.
27-908030-0 City of Shakopee 8 115 22 P/O TRACT IN W1/2 90 100.00% $337.50
129 S Holmes St NW1/4 COM INT OF NIL OF SEC 8
Shakopee, Mn. 55379 &C/L OF CR16,373.5 E OF
NW COR 230,1148.2,589.4,
1073.05
27-908032-0 Don E&Bonnie L Reed Rev Trust 8 115 22 E 120 OF W 569 160 100.00% $600.00
1833 E 10th Ave LYING NE'ERLY OF CL OF CR16
Shakopee, Mn. 55379 IN NW1/4 NW1/4 EX.01A ROAD
27-908033-1 David E. & Deanna G Leivestad 8 115 22 P/O E 117'W 719' 115 100.00% $431.25
PO Box 74 LYING NE OF CR16
St. Peter, Mn. 56082 EX SW 50'HWY
27-908034-0 J N Underwood Construction 8 115 22 E 100 OF 969 NE OF 115 100.00% $431.25
737 So Scott St. CR16 iIN NW 1/4 NW 1/4 EX.11A
Shakopee, Mn. 55379 ROAD
27-908035-0 J N Underwood Construction 8 115 22.87 E 150 OF W 869 90 100.00% $337.50
737 So Scott St. LYING NE'ERLY OF CL OF
Shakopee: Mn. 55379 CR16 IN NW1/4 NW1/4
COUNTY ROAD 16 IMPROVEMENTS
CURB AND GUTTER ASSESSMENTS
Project Cost
$79,053.56 OCTOBER , 1996
REVISED 10/23/96
Property Front Percent Total
PID Number Owner Legal Discription Footage Assessed Assessment
27-908040- Eugene F Hauer 8 115 22 NW1/4 NE1/4&P/O 870 100.00% $3,262.49
2088 Hauer Trail SW1/4 NE1/4 EX.47A EX 7.18A
Shakopee, Mn. 55379 HAUER'S 3RD ADDN EX 7.38 A
(040-1)EX HWY
27-908040-1 Eugene F Hauer 8 115 22 P/O SW1/4,NE1/4,COM 1492 100.00% $5,594.99
2088 Hauer Trail NW COR,S ALONG W LINE 1317'
Shakopee, Mn. 55379 TO CL OF C.R.16(POB),S 62-01-16E
ALONG CL 1492.08'TO E LINE
SW1/4,NE1/4,S00-13-35E ALONG
E LINE 37.48',N62-01-16W 128.87'
S9-56-12W 203.15',N62-38-08W
1234.53',N65-55-49W 79.50'
27-908041-0 Eugene F&Virginia Hauer 8115 22 1.6A IN N1/2 NE1/4 365 100.00% $1,368.75
2088 Hauer Trail EX HWY
Shakopee, Mn. 55379
27-908044-0 Donald & Dorothy Ueland 8 115 22 P/O SW1/4 NE1/4 COM 100 100.00% $375.00
2767 Hauer Trail 601.5 N OF SE COR NW 28.4
Shakopee, Mn. 55379 TO POB,NW 100,SW 266.05,SE 152
.5,NW 285.2 TO BEG EX.15A RD
27-908068-0 Eugene F&Virginia Hauer 8 115 22 P/O W1/2 NE1/4 N OF 250 100.00% $937.50
2088 Hauer Trail CR16&S OF N 977.36 EX 1.6A
Shakopee, Mn. 55379
27-908069-1 James&Mary Ann Hauer 8 115 22 SE1/4 NE1/4&P/O 175 50.00% $328.12
3088 Eagle Creek Blvd. NE1/4 SE1/4 COM MOST E'ERLY (Corner Lot)
Shakopee, Mn. 55379 COR OF HAUER'S 4TH ADDN,S
60-35-30 E 175',S37-21-00
W 268.47',N 60-35-30 E 175',
NE 269.33'TO POB
27-908069-2 City of Shakopee 8 115 22 P/O NE1/4,SE1/4&SE1/4, 425 100.00% $1,593.75
City Administrator NE1/4 LYING N OF MNDOT PLAT
129 Holmes St. S 70-7&LYING SE OF VIERLING DR
Shakopee, Mn. 55379 &LYING SW OF C.R.16,EX COM
INT VIERLING DR&C.R. 16,SE 175'
SW 268.47',NW 175',NE TO POB
27-908070-0 Catholic Cemetaries of Shakope 8 115 22 P/0 SE1/4 NE1/4& 383 100.00% $1,436.25
535 Lewis Street NE1/4 SE1/4 COM 2029 S OF NE
Shakopee, Mn. 55379 COR OF NW1/4 NE1/4,S 750,
E 232,N 566.24,NW 383 TO BEG
EX 25'STRIP EX HWY
COUNTY ROAD 16 IMPROVEMENTS
CURB AND GUTTER ASSESSMENTS
-Project Cost
$79,053.56 OCTOBER , 1996
REVISED 10/23/96
Property Front Percent Total
SID Number Owner Legal Discription Footage Assessed Assessment
27-908072-0 David A&Kathleen J Kincs 8 115 22 P/O E1/2 NE1/4&P/O 330 100.00% $1,237.50
2860 Eagle Creek Blvd E1/2 SE1/4 COM INT OF W
Shakopee, Mn. 55379 LINE OF E1/2 NE1/4&CL OF
CR16,S750,E 232,TO POB,
NE 566.21,SE 337,SW 134.44,
CURVE SE 209.83,SW 280.36
SW 100'TO POB EX.12A RD.
-27-909001-0 St of MN Dept of Trans. 9 115 22 7.05A W1/2 Sw1/4 540 100.00% $2,025.00
% K F Rasmussen EX 63.8A PLATTED AS KILLARNEY
Mail Stop 631 Trans. Bldg. HILLS EX 2.71A EX 5.3A EX.74A
St. Paul, MN 55155 EX.76A
T 27-909001-1 St of MN Dept of Trans. 9 115 22300 X 425.04 X 346.39 X 185 390 100.00% $1,462.50
% K F Rasmussen 185.6'cool 50 S OF E LINE W1/2 OF
Mail Stop 631 SW1/4 W 300 S 425.04 CURVE
Trans. Bldg. 346.39 SW TO CR16 SE TO
St. Paul, MN 55155 SECT LINE N TO POB
-27-909003-0 Zefere&Doreen Lusignan 911522 E1/2 SW1/4 LYING 435 100.00% $1,631.25
3650 Eagle Creek Blvd S OF RD&LYING N&W OF A
Shakopee, Mn. 55379 LINE COM SW COR N 1062.13 TO
POB,SE 225.27,NE 224.13,
NE 250 TO CL OF RD&THERE
TERMINATING EX.10A HWY
Ti27-9o9004-0 Valley Green Industrial Park 5 115 22 P/O E1/2 1435 100.00% $5,381.24
5240 Valley Industrial Blvd SW1/4 EX PLAT OF CANTERBURY
Shakopee, Mn. 55379 PARK 4TH EX.28A HWY
7-909005-0 Myron C Webster 9 115 22 17.5A IN E1/2 SW1/4 700 100.00% $2,624.99
3960 Eagle Creek Blvd LYING S OF ROAD EX W 20A
Shakopee, Mn. 55379 &EX SCHOOL&ROAD&.5A RD S
7-909006-o William B&Jeanette Otting 9 115 22 E1/2 SW1/4 COM S1/4 165 50.00% $309.37
11640 E 275th St. COR,N 752.4 TO POB,W 198.83 (corner lot)
Lakeville, Mn. 55044 NE 291.6 TO CL OF HWY 16
- SW 165.1,S 195.5 TO POB
27-909007-0 Fuller&Seaver Morris 9 115 22 W 20A OF E1/2 220 100.00% $825.00
Suite 525
6600 France Ave.S. SW1/4 LYING S OF ROAD
Edina, MN 55435 EX 3.85A
Total 21081 $73,874.82
Total project cost= $79,053.56
Cost per front foot= $3.75
Overall assessment rate= 93.45%
Non assessed cost= $5,178.74
" C .
CITY OF SHAKOPEE
Memorandum
TO: Mayor& City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Continued Assessment Hearing for Vierling Drive
Improvement Project, from C.R. 15 to Presidential Lane
Project No. 1994-7
DATE: November 19, 1996
INTRODUCTION:
Attached to the memorandum is a revised assessment roll and Resolution No. 4558, a
resolution which adopts the revised assessment roll for the Vierling Drive Improvement
Project, from County Road(C.R.) 15 to Presidential Lane.
BACKGROUND:
At the November 6, 1996 City Council meeting, Council approved a recommendation
from staff to continue the public hearing for this project, in order to allow revised
assessments to be mailed to the property owners. Staff had inadvertently omitted the
storm sewer and sidewalk improvement costs to be assessed to the benefiting properties
as was done in previous Vierling Drive Projects and per developer agreements which
were signed previously in this area. The revised assessment roll is attached for Council
review. The City of Shakopee has adjacent land to this improvement project and since
Vierling Drive is a municipal State Aid street collector, the City is paying the vast
majority of the improvement costs by assessments and street oversizing costs. The
project funding breakdown is as follows:
Description Amounts Funding Source
Assessed Costs $465,727.90 Assessments
Street Oversizing $114,736.11 Capital Improvement Fund
Storm Sewer $ 8,080.64 Storm Drainage Fund
Watermain Oversizing $ 3.582.86 Shakopee Public Utilities
TOTAL PROJECT COSTS $603,838.84
The City's total costs with assessments and street oversizing is a total of $412,417.74.
This amount represents 68%of the total project costs.
This project was assessed according to the City's Assessment Policy and as
recommended by the feasibility report.
ALTERNATIVES:
1. Adopt Resolution No. 4558, a resolution which adopts the revised, October 31, 1996
assessment roll.
2. Deny Resolution No. 4558.
3. Table for additional information.
RECOMMENDATION:
Staff recommends Alternative No. 1, as this project is completed and the assessments
have been calculated.
ACTION REQUESTED:
Offer Resolution No. 4458, A Resolution Adopting Assessments for Vierling Drive, from
County Road 15 to Presidential Lane, Project No. 1994-7 and move its adoption.
,4/41-(2-Nay a
Bruce Loney ri
Public Works Director
BL/pmp
MEM4458
RESOLUTION NO. 4558
A Resolution Adopting Assessments
For Vierling Drive, From County Road 15
To Presidential Lane
Project No. 1994-7
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:
Paving,Grading,Curb&Gutter,Sidewalk and Utilities for Vierling Drive,from
County Road 15 to Presidential Lane.
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
benefited by the proposed improvements in the amount of the assessments levied against it.
2. Such assessments shall be payable in equal annual installments extending over a period
of ten years,the first installment to be payable on or before the first Monday in January, 1997, and
shall bear interest at the rate of 8.00 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, 1997 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; the owner
may thereafter pay to the County Treasurer the installment and interest in process of collection on
the current tax list, and 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 November 30th of each year the total
amount of installments and interest on assessments on each parcel of land which are to become due
in the following year.
Adopted in session of the City Council of the City of
Shakopee,Minnesota,held this day of , 1996.
Mayor of the City of Shakopee
ATTEST:
City Clerk
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MEMO TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Judith S. Cox, City Clerk
RE: Currency Exchange Licenses
DATE: November 13 , 1996
INTRODUCTION AND BACKGROUND:
The City has received applications for renewal of
currency exchange licenses from the following:
Game Financial Corp. , 1100 Canterbury Road
Shakopee Check Cashing, 1147 Canterbury Road
You may remember that the City has previously approved
licenses for these applicants. The licenses are ultimately
issued by the State of Minnesota. Current law requires that
the local municipality approve or deny the issuance of a
license, after published notice and a public hearing.
The applicants have provided the State with the
required $10, 000. 00 Currency Exchange Surety Bonds. The
Chief of Police has advised me that he is unaware of any
reason for the City of Shakopee to object to the granting of
a currency exchange license to these applicants.
RECOMMENDED ACTION:
1. Offer Resolution No. 4573 , A Resolution of the City of
Shakopee, Minnesota, Approving the Application of Game
Financial Corp. , for A Currency Exchange License at 1100
Canterbury Road, and move its adoption.
2 . Offer Resolution No. 4574, A Resolution of the City of
Shakopee, Minnesota, Approving the Application of Shakopee
Check Cashing for A Currency Exchange License at 1147
Canterbury Road, and move its adoption.
M' . . 1/,_ :41 At2 111 P
• th S. :x, 'ity Clerk
h\judy\licenses\currmemo
RESOLUTION NO. 4573
A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING
THE APPLICATION OF GAME FINANCIAL CORP. FOR A CURRENCY
EXCHANGE LICENSE AT 1100 CANTERBURY ROAD
WHEREAS, in 1992 Minnesota Statute Section 53A.04 was amended to require a City to
approve or disapprove of a proposed currency exchange license; and
WHEREAS, Game Financial Corp. applied for a currency exchange license for a location
at 1100 Canterbury Road; and
WHEREAS, the City has given published notice of its intention to consider this issue, has
solicited testimony from interested persons, and finds that the application should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE,MINNESOTA, AS FOLLOWS:
That the City approves the granting of a currency exchange license to Game Financial
Corp. at its location at 1100 Canterbury Road.
Adopted in Session of the City Council of the City of Shakopee, Minnesota,
held this day of , 1996.
Mayor of the City of Shakopee
ATTEST:
City Clerk
RESOLUTION NO. 4574
A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING
THE APPLICATION OF SHAKOPEE CHECK CASHING FOR A CURRENCY
EXCHANGE LICENSE AT 1147 CANTERBURY ROAD
WHEREAS, in 1992 Minnesota Statute Section 53A.04 was amended to require a City to
approve or disapprove of a proposed currency exchange license; and
WHEREAS, Shakopee Check Cashing applied for a currency exchange license for a
location at 1147 Canterbury Road; and
WHEREAS, the City has given published notice of its intention to consider this issue, has
solicited testimony from interested persons, and finds that the application should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, IVIINNESOTA, AS FOLLOWS:
That the City approves the granting of a currency exchange license to Shakopee Check
Cashing at its location at 1147 Canterbury Road.
Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota, held
this day of , 1996.
Mayor of the City of Shakopee
ATTEST:
City Clerk
A .
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Final Plat for Valley Park 13th Addition
DATE: November 14, 1996
Discussion:
Valley Green Business Park and the Shiely Company are requesting approval of the final plat of
Valley Park 13th Addition. The subject site is located North of the Bypass, South of STH 101
and East of Valley Park Drive. A copy of the November 7, 1996,Planning Commission staff
memo has been attached for your reference.
Alternatives:
1. Approve the Final Plat of Valley Park 13th Addition, subject to conditions.
2. Revise the conditions of approval for the Final Plat of Valley Park 13th Addition, and
approve subject to the revised conditions.
3. Do not approve the Final Plat of Valley Park 13th Addition.
4. Table action on this item and request additional information from the applicant and/or
staff.
Planning Commission Recommendation:
The Planning Commission has recommended the approval of the Final Plat of Valley Park 13th
Addition, subject to conditions(Alternative No. 1).
Action Requested:
Offer Resolution No. 4570, A Resolution Approving the Final Plat of Valley Park 13th
Addition, and move its approval.
O
/c.
R. Michael Leek
Community Development Director
i:\commdev\cc\1996\cc 1119\fpvp 13th.doc
FPVPI3TH.DOC/RML
RESOLUTION NO.4570
A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING
THE FINAL PLAT FOR VALLEY PARK 13TH ADDITION
WHEREAS,the Planning Commission of the City of Shakopee did review the Final
Plat for Valley Park 13th Addition on November 7, 1996, and has recommended its approval;
and
WHEREAS,all notices of the public hearing for the Preliminary Plat were duly sent
and posted and all persons appearing at the hearing have been given an opportunity to be heard
thereon.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE,MINNESOTA,as follows:
That the Final Plat for Valley Park 13th Addition is hereby approved subject to the
following conditions:
A. Prior to recording of the Final Plat, the following actions must be
completed:
1. Execution of the Developers Agreement including the following;
a) Streetlighting to be installed in accordance with the
requirements of Shakopee Public Utilities.
b) Electrical system on the portion of the site owned by Valley
Green Business Park to be installed in accordance with the
requirements of Shakopee Public Utilities.
c) Water system to be installed in accordance with the
requirements of Shakopee Public Utilities.
2. Streets, Storm sewer and sanitary sewer systems to be installed in
accordance with the requirements of the City Engineer.
3. Approval of title by the City Attorney.
B. Stormwater trunk fees will be paid in accordance with the City's storm
water trunk charge policy.
BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and
directed to execute said Plat and Developer's Agreement.
FP VP 13TH.DOC/RML 2
Adopted in session of the City Council of the City of Shakopee,
Minnesota,
held the day of ,1996.
Mayor of the City of Shakopee
ATTEST:
City Clerk
PREPARED BY:
City of Shakopee
129 South Holmes Street
Shakopee,MN 55379
FPVPI3TH.DOC/RML 3
14.
CONSENT
CITY OF SHAKOPEE
Memorandum
TO: Shakopee Planning Commission
FROM: R. Michael Leek, Community Development Director
SUBJECT: Final Plat of Valley Park 13th Addition
DATE: November 1, 1996
Site Information:
Applicant: Valley Green Business Park,The Shiely Company
Location: North of the Bypass, South of STH 101 and East of Valley Park Drive
Current Zoning: Heavy Industrial (12)
Adjacent Zoning: North: Heavy Industrial (12)
South: Southerly Bypass
East: Heavy Industrial (12)
West: Heavy Industrial (12)
Comp.Plan: 1995: Heavy Industrial
Area: 126.07 acres
MUSA: The site is within the MUSA and can be served by municipal utilities
at this time.
Exhibits: Exhibit A: Zoning Map
Exhibit B: Proposed Plat
Introduction:
Valley Green Business Park Limited Partnership and the Shiely Company are requesting approval of
the final plat of Valley Park 13th Addition.
Considerations:
The Preliminary Plat of Valley Park 13th Addition was approved by the City Council on September 3,
1996. The final plat, as submitted,is in substantial conformance with the approved Preliminary Plat.
Specific considerations include the following;
1. The Minnesota Department of Transportation has made the following comments;
a) Mn/DOT stormwater drainage permits may be needed for the development of these
lots. Prior to any construction,proposed grading/drainage plans must be submitted to
Mn/DOT for review.
b) Mn/DOT has a temporary easement for construction purposes across part of the
southerly 60 feet of this property. No use should be made of the area, or work done
within it until after the easement expires on December 1, 1996.
c) Any other use of or work within the new TH 169 right-of-way will require an
approved permit.
2. Scott County Environmental Health has commented on the need to define wellhead protection
areas in this part of the City. Staff has been in touch with SPUC regarding the accomplishment
of this task on their part.
3. The existing utility easement will have to be vacated in accordance with the City Council's
determination.
4. Outlot B identified on the final plat consists of wetlands/regional storm drainage area,rendering
it essentially unusable for other purposes. Nonetheless the designation as an outlot may cause
confusion. The applicants have expressed interest in the City eventually taking over ownership
of the area since it serves a storm drainage purpose. For those reasons, either a mechanism
clarifying the status of Outlot B to the satisfaction of the City Attorney should be developed
prior to review by the City Council, or the outlot should be incorporated into the adjacent lot.
Alternatives:
1. Recommend to the.City Council approval of the Final Plat of Valley Park 13th Addition, subject to
conditions.
2. Modify the recommended conditions, and recommend to the City Council approval of the Final
Plat, subject to the revised conditions.
3. Recommend to the City Council the denial of the Final Plat, stating the reasons for denial.
4. Table the decision to allow staff and/or the applicant to provide additional information.
2
Staff Recommendation:
Staff recommends Alternative No. 1,recommend to the City Council approval of the Final Plat of
Valley Park 13th Addition, subject to the following conditions:
a) Prior to review of the Final Plat by the City Council, the following actions
must be completed:
i) Dedication language on the plat be amended to add"avenues and drives"
and remove"way."
ii) Either a mechanism clarifying the status of Outlot B to the satisfaction of the
City Attorney be developed prior to review by the City Council, or the outlot
be incorporated into the adjacent lot.
b) Prior to recording of the Final Plat, the following actions must be completed:
i) Execution of the Developers Agreement;
a) Street lighting to be installed in accordance with the requirements
of Shakopee Public Utilities.
b) Electrical system on the portion of the site owned by Valley Green
Business Park to be installed in accordance with the requirements
of Shakopee Public Utilities.
c) Water system to be installed in accordance with the requirements of
Shakopee Public Utilities.
d) Storm sewer and sanitary sewer systems to be installed in
accordance with the requirements of the City Engineer.
ii) Approval of title by the City Attorney.
c) The developer agrees that stormwater trunk fees will be payable.
Action Requested:
Offer a motion to recommend to the City Council the approval of the Final Plat for Valley Park 13th
Addition, subject to conditions and move its approval.
R Michael Leek
Community Development Director
is\commdev\boaa-pc\1996\nov07pc\fpvg 13th.doc
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CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Vacation of Utility Easement
DATE: November 14, 1996
Discussion:
The City has received a petition from Valley Green Business Park to vacate certain utility easements in
connection with its platting of Valley Park 13th Addition. The request was first reviewed by the City
Council on October 15, 1996, at which time the Council decided to bring the vacation resolution back
at the time of consideration of the final plat. This was done in order to give Valley Green and Shiely
(the applicants)the opportunity to work out with SPUC the details of the utility relocation. The parties
have come to agreement on these issues, and a document evidencing the details of this agreement will
be placed on the table for the meeting.
Alternatives:
1. Approve Resolution No. 4571,vacating the utility easement as requested.
2. Do not approve the vacation request, stating reasons for denial.
3. Continue the request for additional information from the applicant and/or staff.
Planning Commission Recommendation:
The Planning Commission has recommended the approval of the vacation request(Alternative No. 1).
Action Requested:
Offer and pass a motion approving Resolution No. 4571, appro g the requested vacation.
R. Michael Leek
RESOLUTION NO.4571
A RESOLUTION OF'1'I11 CITY OF SHAKOPEE
VACATING UTILITY EASEMENT WITHIN TRACTS G,H AND I OF REGISTERED
LAND SURVEY# 134
WHEREAS, right-of-way has been dedicated measuring 30 feet in width and 3063 feet in
length within, and within Tracts G, H and I, Registered Land Survey No. 134, files of Registrar of
Titles, County of Scott,Minnesota;and
WHEREAS, it has been made to appear to the Shakopee City Council that this utility
easement serves no public use or interest; and
WHEREAS, the public hearing to consider the action to vacate was held in the Council
Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 15th day of October, 1996; and
WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY
NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor
of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the
Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and
WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be
heard at the public hearing in the Council Chambers in the City of Shakopee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TNL CITY
OF SHAKOPEE,MINNESOTA:
1. That it finds and determines that the vacation hereinafter described is in the public interest; and
2. That the following described utility easement, City of Shakopee, County of Scott, State of
Minnesota, serves no further public need:
(1) That part of the utility easement per Document No. 21642 which lies within Tracts G,
H and I,Registered Land Survey No. 134, files of Registrar of Titles, County of Scott,
Minnesota.
3. That the easement described above is hereby vacated.
4. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the
County Auditor and County Recorder of Scott County.
Adopted in session of the City Council of the City of Shakopee,Minnesota,
held the day of , 1996.
Mayor of the City of Shakopee
ATTEST:
City Clerk
PREPARED BY:
City of Shakopee
129 South Holmes Street
Shakopee,MN 55379
MEMO TO: Lou VanHout,Utilities Manager
Michael Leeks,City of Shakopee Community Development
Jon Albinson,Valley Green Business Park Inc.
Bob Bieraugel,Shiely Company
Bret Weis,WSB and Associates
FROM: Joe Adams, SPUC Administrative Assistant
RE: EASEMENT VACATION REQUEST BY VALLEY GREEN
DATE: 11/18/96
Enclosed is the agreement I have drafted as discussed last week. I am submitting copies to
all parties concerned.
I plan to circulate the original agreement to all signatories tomorrow. I will then issue
copies of the signed agreement.
The SPUC will act on the vacation request at their next meeting which is now scheduled
for December 9th.
Everyone should take note that the vacation only covers the east-west portion of the utility
easement up to the drainage easement. It was pointed out at the meeting last week that the
utility easement does also run north-south along the eastern property line. This portion of
the utility easement shall remain in place since the existing poles and overhead wires will
remain there.
If anyone has any questions regarding the agreement,please call me at 445-1988.
AGREEMENT
TO
VACATE UTILITIES EASEMENT
BACKGROUND '
There exists an easement,doc. no. 21642,access certain lands owned by Valley Green
Business Park Inc.,described as Tracts 0,H,and I of RLS 134 in Scott County.
This casement was granted to the City of Shakopee and the Shakopee Public Utilities
Commission for utility purposes.
Valley Green wishes to develop this land in conjunction with adjacent property owned by
the Shiely Company. Said development to be known as Valley Park 13th Addition. In
doing so,Valley Green has requested the City of Shakopee and the Shakopee Public
Utilities Commission to agree to vacate said easement.
This letter of agreement sets forth the conditions upon which the Shakopee Public Utilities
Commission agrees to vacate a portion of the subject easement,as shown on attachment
#1.
VACATION CONDITIONS
1. The Shiely Company agrees to grant an easement to the Shakopee Public Utilities
Commission for utility purposes on property owned by the Shiely Company adjacent to the
development,as shown on attachment#2 and outlined in attachment#3.
2. Valley Green agrees to grant an easement to the Shakopee Public Utilities Commission
for utility purposes on outlot A,as shown on attachment#2 and outlined in attachment#4.
3. Valley Green agrees to reimburse the Shakopee Public Utilities Commission the cost to
relocate and bury the existing three-phase overhead distribution feeder located within the
to be vacated portion of the easement. Reimbursable costs shall include:all labor,
material,equipment,and engineering& administration expenses to design and install
replacement facilities;and all labor,equipment,and engineering&administration
expenses to remove existing facilities. Reimbursable costs will be based on replacement
facilities following the path shown on attachment#2.
Signatures below indicate all parties are in agreement with the above statements.
Valley Green Business Shiely Company Shakopee Public
Park Inc. Utilities Commission
Its Its Its
Date Date Date
--
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ATTACHMENT #1
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ATTACHMENT #3
GRANT OF RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that
hereinafter called "The Owner" for good and valuable consideration, the
receipt and sufficiency whereof is hereby acknowledged, does hereby grant
unto the City of Shakopee, a municipal corporation, and its Utility
Commission, its successors, assigns or licensees , an easement for the purpose
hereinafter provided upon the lands of the Owner situated in the County of
Scott, State of Minnesota, and more particularly described in Exhibit "A"
hereto attached and made a part hereof, ,
A
- . . a , • Z . _ - - - • . . - - .
_ _ : c - -
• • • : • • : - - - =
• • • • _ -W - : _ • , .e- : . • - a •
The City shall ,,-fie'-_be entitled to use this easement to excavate for,
place, construct , operate and maintain under ground conduit , and/or cable
lines for distributing electric power, including all wires, cables,
handholes, manholes, transformer enclosures, concrete pads, connection boxes,
ground connections, attachments, equipment, accessories and appurtenances
desireable in connection therewith, under, upon and across the lands of the
Owner described in Exhibit "A" .
The City shall have the right to inspect, rebuild, remove, repair
improve and make such changes, alterations, substitutions and additions in
and to its facilities as it may from time to time deem advisable or
expedient , including the right to increase or decrease the number of
conduits, wires, cables, handholes manholes, connection boxes, transformers
and transformer enclosures .
The City shall at all times have the right to keep the easement clear
of all buildings, structures, fences, trees, shrubbery, undergrowth, roots
and other obstructions that may interfere with or endanger it facilities and
equipment .
1
f .
•
For the purpose of constructing, inspecting, maintaining or operating
its facilities, the City shall have the right of ingress to and egress from
the easement over the lands of the Owner adjacent to the easement and lying
between public or private roads and the easement , such right to be exercised
in such manner as shall occasion the least practicable damage and
inconvenience to the Owner.
. . e usd--af--the--FATifttrb
The Owner covenants that it is the owner of the above described lands
an that the said lands are free and clear of encumbrances and liens of
whatsoever character except those held by the following persons:
all of which have consented hereto in writing as hereinafter appears.
IN TESTIMONY WHEREOF, The party of the first part have hereunto fixed
their hands and seals as of this day of , 1995.
STATE OF MINNESOTA)
ss
COUNTY OF SCOTT )
On this day of , 1995 , before me a
within and for said County, personally appeared
to me known to be the person _ described in, and who
executed the foregoing instrument, and acknowledged that
he_ executed the same as free act and deed
Notary Public County, MN.
My Commission expires ,1991
This instrument was drafted by:
Julius A. Coller, II
City Attorney for the City of Shakopee
211 West First Avenue
Shakopee, Minnesota 55379
2
•
s
The undersigned and Owner of an encumbrance or encumbrances on the land
described in Exhibit "A" hereto attached hereby consent and join in the Grant
of Right-of-Way Easement hereinbefore given.
STATE OF MINNESOTA)
) ss
COUNTY OF SCOTT )
On this day of , 1995, before me a
within and for said County personally appeared
to me known to be the person described in, and who executed the same as
free act and deed
Notary Public County, MN.
My Commission expires , 19,
This Instrument was drafted by:
Julius A. Coller, II
City Attorney for the City of Shakopee
211 West First Avenue
Shakopee, Minnesota 55379
3
ATTACHMENT #4
,
GRANT OF RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that
hereinafter called "The Owner" for good and valuable consideration, they
receipt and sufficiency whereof is hereby acknowledged, does hereby grant
unto the City of Shakopee, a municipal corporation, and its Utility
Commission, its successors, assigns or licensees, an easement for the purpose
hereinafter providedupon the lands of the Owner situated in the County of
Scott, State of Minnesota, and more particularly described in Exhibit "A"
hereto attached and made a part hereof, to place, construct, operate, repair
maintain, relocate and replace thereon and in or upon all streets, roads or
highways abutting said lands an electric distribution line or system, and to
cut and trim trees and shrubbery to the extent necessary to keep them clear
of said electric line or system an to cut down from time to time all dead,
weak, leaning or dangerous trees that are tall enough to strike the wires in
falling or otherwise endanger said line or system.
The City shall also be entitled to use this easement to excavate for,
place, construct , operate and maintain under ground conduit, and/or cable
lines for distributing electric power, including all wires, cables,
handholes, manholes, transformer enclosures, concrete pads, connection boxes,
ground connections, attachments, equipment, accessories and appurtenances
desireable in connection therewith, under, upon and across the lands of the
Owner described in Exhibit "A" .
The City shall have the right to inspect , rebuild, remove, repair
improve and make such changes, alterations, substitutions and additions in
and to its facilities as it may from time to time deem advisable or
expedient, including the right to increase or decrease the number of
conduits, wires, cables, handholes manholes, connection boxes, transformers
and transformer enclosures.
The City shall at all times have the right to keep the easement clear
of all buildings, structures, fences, trees, shrubbery, undergrowth, roots
and other obstructions that may interfere with or endanger it facilities and
equipment .
1
•
for the purpose of constructing, inspecting, maintaining or operating
its facilities, the City shall have the right of ingress to and egress from
the easement over the lands of the Owner adjacent to the easement and lying
between public or private roads and the easement, such right to be exercised
in such manner as shall occasion the least practicable damage and
inconvenience to the Owner.
•,y
The Owner covenam'ts that it is the owner of the above described lands
an that the said lands are free and clear of encumbrances and liens of
whatsoever character except those held by the following persons:
all of which have consented hereto in writing as hereinafter appears.
IN TESTIMONY WHEREOF, The party of the first part have hereunto fixed
their hands and seals as of this day of , 1995.
STATE OF MINNESOTA)
) ss
COUNTY OF SCOTT )
On this day of , 1995, before me a
within and for said County, personally appeared
to me known to be the person _ described in, and who
executed the foregoing instrument, and acknowledged that
heexecuted the same as free act and deed
Notary Public County, MN.
My Commission expires 199
This instrument was drafted by:
Julius A. Collet, II
City Attorney for the City of Shakopee
211 West First Avenue
Shakopee, Minnesota 55379
2
r.
r�
A
/
The undersigned and Owner of an encumbrance or encumbrances on the land
described in Exhibit "A" hereto attached hereby consent and join in the Grant
of Right-of-Way Easement hereinbefore given .
STATE OF MINNESOTA)
ss
COUNTY OF SCOTT )
On this day of , 1995, before me a
within and for said County personally appeared
to me known to be the person described in, and who executed the same as
free act and deed
Notary Public County, MN.
My Commission expires , 19_
This Instrument was drafted by:
Julius A. Coller, II
City Attorney for the City of Shakopee
211 West First Avenue
Shakopee, Minnesota 55379
3
1 2 . C .
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Planner II
SUBJECT: EDA Compensation
DATE: November 15, 1996
Introduction:
The EDA has asked that the attached, statutory information regarding compensation be
passed along to the Council.
R. Michael Leek
Community Development Director
COMPEN.DOC/RML 1
§ 469.095 MAJNumil, Lr.V LWrlrii
Subd. 2. Appointment,terms; vacancies. (a) Three-member authority:
commissioners constituting a three-member authority, one of whom must 1
member of the city council, shall be appointed by the mayor with the appn
of the city council. Those initially appointed shall be appointed for term
two, four, and six years, respectively. Thereafter all commissioners shall
appointed for six-year terms.
(b) Five-member authority: the commissioners constituting a five-men
authority, two of whom must be members of the city council, shall be appoir
by the mayor with the approval of the city council. Those initially appoir
shall be appointed for terms of two, three, four, five, and six years respectil
Thereafter all commissioners shall be appointed for six-year terms.
(c) Seven-member authority: the commissioners constituting a seven-m
ber authority, two of whom must be members of the city council, shall
appointed by the mayor with the approval of the city council. Those inti
appointed shall be appointed for terms of one, two, three, four, and five 34
respectively and two members for six years. Thereafter all commissioners s
be appointed for six-year terms.
(d) The enabling resolution may provide that the members of the city cou
shall serve as the commissioners.
(e) The enabling resolution may provide for the appointment of member
the city council in excess of the number required in paragraphs (a), (b), and
(0 A vacancy is created in the membership of an authority when a
council member of the authority ends council membership. A vacancy for
or another reason must be filled for the balance of the unexpired term, in
manner in which the original appointment was made. The city council mai
the term of the commissioners who are members of the city council to coin
with their term of office as members of the city council.
Subd. 3. Increase in commission members. An authority may be incre:
from three to five or seven members, or from five to seven members 1
resolution adopted by the city council following the procedure provided
modifying the enabling resolution in section-469.093.
Subd. 4. Compensation and reimbursement. A commissioner, inclu,
the president, shall be paid for attending each regular or special meeting of
authority in an amount to be determined by the city council. In additio
receiving pay for meetings, the commissioners may be reimbursed for ac
expenses incurred in doing official business of the authority. All money paic
compensation or reimbursement must be paid out of the authority's but
Subd. 5. Removal for cause. A commissioner may be removed by the
council for inefficiency, neglect of duty, or misconduct in office. A corn
sioner shall be removed only after a hearing. A copy of the charges mug
given to the coeur, ssioner at least ten days before the hearing. The corn
sioner must be givfn an opportunity to be heard in person or by counsel a
hearing. When written charges have been submitted against a commissic
the city council may temporarily suspend the commissioner. If the city cot
finds that those charges have not been substantiated, the commissioner sha
250
D
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: TIF Application Fee
DATE: November 15, 1996
Introduction:
At its meeting of November 13, 1996, the EDA expressed concern that the City has an
application fee for tax increment financing (TIF), but that it appeared that fee had not
always been collected up front. The consensus of the EDA is that the fee is necessary to
defray the costs of analyzing TIF requests, and that it is very important that the fee be
collected in the future. At the EDA's request these concerns are being passed along for
the City Council's information.
—X./4
R. Michael Leek
Community Development Director
EDATIF.DOC/RML
J Z . if.
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Text Amendment Regarding Definition and Setbacks for Townhomes
DATE: November 19, 1996
Discussion
At its October 3, and November 7, 1996, meetings the Planning Commission reviewed a proposed text
amendment regarding the definition of townhomes and setback requirements for townhomes.
The proposed text amendment addresses the setback issue with the following text:
"In the case of townhouse developments which contain both public streets and private streets or
driveways, the front yard setback on public streets may be reduced to the average setback from
private streets or driveways, so long as the front yard setback from any public street in the
development is no less than 20 feet. " This amendment is proposed to be added to City Code Section
11.32, Subd. 5.0 (Medium Density Residential Zoning District(R-2)) and to City Code Section 11.34,
Subd. 5.0(Multiple Family Residential Zoning District(R-3)).
The proposed definition for townhouse is as follows:
Townhouse - a residential structure consisting to two (2) or more continuos single-family attached
dwelling units, sharing only common walls, each having separate individual entrance/exits adjacent
to at least two different lot lines, and each having separate garage/storage areas. An amendment is
proposed to add "townhouses" as a permitted use in the R-2 and R-3 zoning districts (City Code
Section 11.32, Subd. 2 and Section 11.34, Subd. 2).
At its November 7, 1996, meeting, the Planning Commission voted to amend the definition of
townhome to read having separate garage/storage areas rather than the language proposed by staff
which read containing separate garage/storage areas. A copy of the November 7, 1996, Planning
Commission staff memo has been attached for your reference. At this meeting, the Planning
Commission recommended approval of the text amendment, as revised,to the City Council.
Alternatives
1. Approve the text amendment, as proposed.
2. Revise the text amendment, and approve subject to the revisions.
3. Do not approve the text amendment.
4. Table action on this item and request additional information from staff.
Planning Commission Recommendation
The Planning Commission has recommended the approval of the text amendment, as proposed.
(Alternative No. 1).
Action Requested
Offer Ordinance No. 467, and move its approval.
R Michael Leek
Community Development Director
Note: Ordinance No. 467 will be placed on the table.
i:\commdev\c61996\cc1119\txamtnlun.doc
8.
CITY OF SHAKOPEE
Memorandum
TO: Planning Commission
FROM: Jared D. Andrews, Planner I
SUBJECT: Text Amendment Regarding Definition and Setbacks for Townhouse
DATE: November 07, 1996
ITEM NO.: 8
Introduction:
At the October 3 meeting the Commission disscussed a staff report, dated September 27,
1996, for a text amendment regarding a definition and setback requirements for
townhouses. Subsequent to that discussion, the Commission moved for a continuation
and directed staff to research other communities in the preparation of the text amendments
to address the definition of townhouses.
Discussion:
As was discussed at the previous meeting, requiring different setbacks from private versus
public streets can result in an inconsistent look for the development, as well as provide
potential problems in terms of maintenance.
The approach which staff suggests in the report dated September 27,1996 would allow
townhouse developments to use the same front yard setback on public streets as on private
streets or driveways, so long as that setback is no less than 20', which staff believes is
necessary to provide additional parking for the additional units. Thus, an amendment to
Code Sec. 11.32 Subd. 5.C. (i.e. R-2 Design Standards) and Code Sec. 11.34 Subd. 5.C.
(i.e. R-3 Design Standards) is proposed adding the following immediately after the front
yard setback for each district;
In the case of townhouse developments which contain both public streets and
private streets or driveways the front yard setback on public streets may be
reduced to the average setback from private streets or driveways, so long as the
front yard setback from any public street in the development is no less than 20 feet.
One of the problems discussed at past meetings was the inequitable yard space that cluster
housing was offering to interior units in proposed townhouse developments. The
following is an amendment adding "townhouse"to Code Sec. 11.02 (Definitions)which
addresses the concerns raised at recent meetings;
TNHS_TXT.DOC/SB 1
j
Townhouse- a residential structure consisting of two (2) or more continous
single-family attached dwelling units, sharing only common walls, each having
separate individual entrance/exits adjacent to at least two different lot lines, and
each containing separate garage/storage areas.
As a clarification measure, an amendment to Code Sec. 11.32 Subdivision 2. and Sec.
11.34 Subdivision 2. is proposed adding"townhouses" as a permited use in the R-2
Medium Residential Zone and R-3 Multiple-family Residential Zone.
Alternatives:
1. Recommend the proposed amendments to the City Council as presented.
2. Recommend the proposed amendments with revisions.
3. Do not recommend the proposed amendments to the City Council
4. Table the matter for additional information.
Staff Recommendation:
Staff recommends Alternative number one(1),to recommend the proposed amendments
to the City Council as presented.
Action Requested:
Motion to recommend the proposed amendments to the City Council as presented.
TNHS_TXT.DOC/SB 2
I3.A . c.
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Moratorium on Commercial Wireless Telecommunications Service Towers
DATE: November 12, 1996
ITEM. NO.:
Introduction:
At its October 3, 1996, meeting the Planning Commission directed staff to take the steps
necessary to implement a moratorium in light of the interest in the City of Shakopee as a
location for such towers. The City Attorney provided the attached, draft interim
ordinance establishing a moratorium, which the Commission reviewed and recommended
to the Council at its meeting of November 7, 1996. During the moratorium, staff would
research the issue and formulate a proposed ordinance pertaining to the most suitable
locations for such towers, and the regulations which should be put in place. The
moratorium would expire March 1, 1997, unless the City Council were to extend it for any
additional period.
Alternatives:
1. Approve the interim ordinance as presented;
2. Approve the interim ordinance with revisions;
3. Deny the interim ordinance;
Staff Recommendation:
Staff recommends Alternative No. 1.
Action Requested:
Offer and pass a motion adopting the interim ordinance establishing a moratorium on
commercial wireless telecommunications service towers.
R. Michael Leek
Community Development Director
TOWMORAT.DOC/RML 1
12 .
CITY OF SHAKOPEE
Memorandum
TO: Planning Commission
FROM: R. Michael Leek, Community Development Director
SUBJECT: Moratorium on Commercial Wireless Telecommunications Service Towers
DATE: November 1, 1996
ITEM NO.: 12.
Introduction:
At its October 3, 1996, meeting the Commission directed staff to take the steps necessary
to implement a moratorium in light of the interest in the City of Shakopee as a location for
such towers. At the request of staff, the City Attorney has provided the attached, draft
interim ordinance establishing a moratorium. During the moratorium, staff would research
the issue and formulate a proposed ordinance pertaining to the location and regulation of
such towers.
The proposed ordinance will be placed on the City Council agenda of November 19, 1996.
The moratorium would expire March 1, 1997, unless the City Council were to extend it
for any additional period.
Alternatives:
1. Recommend approval of the interim ordinance as presented;
2. Recommend approval of the interim ordinance with revisions;
3. Recommend denial of the interim ordinance;
Staff Recommendation:
Staff recommends Alternative No. 1.
Action Requested:
Offer and pass a motion recommending the adoption of the interim ordinance establishing
a moratorium on commercial wireless telecommunications service towers.
TOWMOR.DOC/RML 1
ORDINANCE NO.
AN INTERIM ORDINANCE REGULATING TRANSMISSION
AND RECEPTION FACILITIES OF COMMERCIAL WIRELESS
TELECOMMUNICATION SERVICES; ESTABLISHING A
MORATORIUM; AND DIRECTING A STUDY BE CONDUCT-
ED THEREON
THE CITY OF SHAKOPEE ORDAINS:
Section 1. Background
1.01. The City of Shakopee ("City") currently regulates various types of wireless
transmission and reception facilities through its official controls.
1.02. Among the facilities that are currently subject to regulation are antennas and towers
having a fixed location and operated to furnish to the public commercial wireless telecommunica-
tion services (hereinafter "CWTS"), including cellular,, Personal communication services (PCS),
specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and
similar services involving wireless data processing that are marketed to the public.
1.03. Market demand, rapid advances in technology and expanding federal licensure of
radio frequencies has resulted in the proliferation of CWTS in the recent
be expected to accelerate in the reasonably foreseeable future. 'and that trend can
1.04. The City's regulation of antenna, and tower transmission facilities predates the
events described above and fails to differentiate among the various types of facilities including
CWTS.
1.05. The City Council is concerned that its official controls relating to antennas and
towers may not adequately address issues related to these towers,such as the appropriate locations
for the towers and the conditions under which they may be allowed within the City, including
structural and construction requirements, co-location, setbacks, and height limitations.
1.06. The City has received inquiries from companies desiring to construct CWTS towers
and other facilities in the City.
1.07. There exist a number of significant planning and land use issues pertaining to the
protection of health, safety and general welfare of the City, including the following:
a. lack of specific state or federal regulation concerning the height and location of
CWTS;
b. comparison of CWTS to other antenna and tower facilities to determine whether
differences make appropriate different regulations regarding location, height and
other matters.
J.IT111152
SH155-13
t/Z 3Otld 0tE6LEEZI9=QI N3AV?IO S AO3NN311=WO213 617 t 96-L0-130
1.08. Minnesota Statutes, section 462.355, subdivision 4, allows the City to adopt an
interim ordinance for the purpose of protecting the planning process and the health, safety and
welfare of its citizens.
Section 2. Findings
2.01. The City council finds that it is necessary to conduct studies to determine if there
is a need to amend the City's official controls or its comprehensive plan relating to CWTS's,and
if so, to adopt the appropriate amendments.
2.02. The City Council finds that there is a need to adopt an interim moratorium
ordinance for the purpose of protecting the planning process and the health, safety and welfare
of its citizens regarding such matters.
Section 3. Planning and Zoning Study; Moratorium
3.01. A study is authorized to be conducted by City staff to determine if the City's
official controls need to be modified as they related to CWTS's.
3.02. Pending completion of the study and adoption of any amendments to the City's
official controls, there is hereby established a moratorium on the construction, erection,
placement,reconstruction,enlargement,or expansion of CWTS towers within the City and on the
development and use of property for such purposes.
3.03. During the period of the moratorium, applications for final site and building plan
approval, building permits, conditional use permits, and other
permits and approvals related to
CWTS towers shall not be accepted by the City; neither the Planning Commission nor the City
Council shall consider or grant approval of any application for such work; and no building
permits for such work shall be issued.
3.04. For the purposes of the moratorium, the term "CWTS tower" shall mean any pole,
spire, structure, or combination thereof, including supporting lines, cables, wires, braces, and
masts, intended primarily for the purpose of mounting an antenna or similar apparatus
grade,for the purpose of providing commercial wireless telecommunication services to public.
3.05. The moratorium shall not apply to (a) the lawful use of existing towers, (b) the
repair and/or maintenance of any existing tower provided that such work does not enlarge or
expand that tower, (c) work on a tower necessary to preserve health, safety, life, or property in
the face of an emergency,or(d)tower work that has received all necessary permits and approvals
from the City prior to the effective date of this ordinance.
Section 4. Enforcement. The City may enforce this ordinance by mandamus, injunction
or other appropriate civil remedy in any court of competent jurisdiction.
Section 5. Term. Unless earlier repealed by the City Council, this ordinance is effective
until March 1, 1997, and may be further extended for such additional periods as the City Council
may deem appropriate.
J.T11115 _
S1115S-13
b/E 3Otfd 0TE6LEEZT9'QI N3Ati213 8 AQ3NN31I,WO2I3 St,=ET 96-L.0-.L30
V t
Mayor
Attest:
City Clerk
JJT111152
SH15S-13
b/b 30tVd OIESLEEZI9=OI N3AV2I3 8 AO3NN3M'W0213 OS96-L0-.L30
ROBERT
L.HLARKINFF LARKIN FREEMAN DALY & LINDGREN LTD. BRUCEJ..GUGLAS
, , 7 WILLIAM C.GRIFFITH,JR.
ROBERT H.FREEMAN JOHN R.HILL
JAMES
H. ICKSON ATTORNEYS A T LAW PETER J.COYLE
JAMES D..DRISCOLL
RERICKSONLARRY D.MARTIN
GENE N.J.FULLEROLJANE E.BREMER
GENE N. JOHN J.STEFFENHAGEN
JOHN DI FULLMER ER 1500 NOR WEST FINANCIAL CENTER DANIEL W.VOSS
C FRANK I.HARVEY PHILIP G.ALDEN
CHARLES S.R J.DIEELL MICHAEL J.SMITH
CHRISTOPHER J.DIETZEN 7900 XERXES AVENUE SOUTH VILIS R.INCE
LINDA H.FISHER ANDREW F.PERRiN
THOMAS P.STOLTMAN BLOOMINGTON,MINNESOTA 55431-1194 ANNE.MEYER
MICHAEL I JACKMAN CHRISTOPHER D.JOHNSON
JOHN E.DIEHL TELEPHONE(612)835-3800 DEIRDRE MEGLEY KVALE
JON S.S J. LYRENEE L.JACKSON
THOMASES J.FLYNNN FAX(612)896-3333 CHRISTOPHER K.LARUS
JAMES P.QUINNMMARCY R.FROST
GERALD FREEMAN DOUGLAS M.RAMLER
GERALD L.SECKDQMARIEL E.PIILOLA
DAJOHN B.OLADOUIST STEPHEN J.KAMINSKI
HCOTTER THOMAS F.ALEXANDER
JOHN I .RO" DANIEL T.KADLEC
PABEATRICE P U ROTHWEILER SHARNA A WAHLGREN
N B.KILDOW
KARIN M.NELSEN
ALANAL C.ERIK HAWES
MICHAELHAELN L BARON NEWMAN LYNNE MICHELLE MOORE
B..KORSTN C.BRENT ROBBINS
GREGORY E.CLEVE* KRISTIN S.WESTGARO
GARY L VAN CLEVE" JOLIE S.FREDERICKSON
DANIEL L BOWIES
TIMOTHY J.MCMANUS OF COUNSEL
TIMOTHY J.KEANE JACK F.DALY
ALAN M.ANDERSON KENNETH LINDGREN
MDONNA L W.
SCHLEY ALLAN E.MULLIGAN
RONN B.KR WENDELL R.ANDERSON
ERR N E EPS JOSEPH GITIS
TERRENCE E.BISHOP
USA A.GRAY ALSO ADMITTED IN WISCONSIN
GARY A.RENNEKE
CHRISTOPHER J.HARRISTHAL
November 19, 1996
Mayor Jeff Henderson and City Council
City of Shakopee
129 Holmes Street
Shakopee MN 55379
Re: Telecommunications Moratorium
Dear Mayor Henderson and Councilmembers:
This firm represents American Portable Telecom (APT) in connection with its plans to develop sites to
erect telecommunications towers in key locations within the City of Shakopee (the City). We understand
the City is further considering a moratorium on erecting telecommunications towers at its meeting this
evening. The purpose of this letter is present APT's position in opposition to the pending moratorium and
alternatively to request that the City mitigate the effect on APT of any moratorium.
Factual Background
APT was the successful bidder for new license rights to construct a wireless communications franchise in
the Twin Cities area. The purchase price was about$37 million for a license of 10 years' duration. APT
must proceed immediately under its license to construct a seamless telecommunications network in the
Twin Cities market. It must install 170 antennas to commence operations by February - March 1997.
In order to meet its franchise obligations APT will need to obtain sites for telecommunications antennae
of approximately 160 feet in height. APT has begun spending a great deal of time and resources in
evaluating proposed sites to establish coverage in high demand locations, securing rights to the proposed
sites from property owners, and will be processing applications seeking authorization for needed tower
construction. It is extremely prejudicial to now enact a moratorium on the pending development.
• LARKIN, HOFFMAN, DALY& LINDGREN, LTD.
Mayor and City Council
November 19, 1996
Page 2
Requested Action
1. We respectfully request that the City not adopt or implement the proposed moratorium.
2. If you do proceed with the moratorium,we request that the City limit the duration of the moratorium
to not more than 60 days to allow the development of appropriate performance standards for
telecommunications towers in cooperation with telecommunications service providers. Metropolitan
cities and counties that have amended zoning codes to address this use have done so either without
adopting interim ordinances, or by adopting ordinances of not more than three months in duration.
This is in recognition of limitations on local zoning authority imposed by Section 704 of the
Telecommunications Act(discussed further below).
3. If the City does proceed with the moratorium, we request the City establish a mechanism to obtain
exemption from the provisions of a moratorium for connections to existing structures or other non-
controversial situations
4. We request the opportunity to participate in the development of performance standards for the
telecommunications industry.
Legal Basis for Requested Action
1. The Moratorium is Designed to Delay Anticipated Conditional Use Permit Applications.
The Minnesota Supreme Court reaffirmed the principle that a municipality must exercise its authority to
enact a moratorium for the purpose of protecting the planning process,not to delay or prevent an
applicant. Medical Services. Inc. v. City of Savage, 487 N.W.2d 263, 267 (Minn. App. 1992) (citing,
Almquist v. Town of Marshan, 245 N.W.2d 819, 825 (Minn. 1976)). In this case, the moratorium
discriminates against the APT siting process. Injury to APT will be substantial if the City suspends
acceptance of telecommunication facility applications, especially in light of its obligations to bring its
system on line in early 1997 under its license with the Federal Communications Commission(FCC).
2. The Moratorium is in Conflict with Section 704 of the Telecommunications Act of 1996.
Section 704 of Telecommunications Act of 1996 (the Act)prohibits any action by the City that denies the
provision of telecommunications services. APT must have its network constructed and in place by early
1997 in order to deliver seamless service throughout key high traffic corridors within City. The City's
proposed moratorium will prohibit construction of APT's telecommunications towers for the duration of
the moratorium. Therefore,the City's action may prevent APT from delivering service as authorized, in
violation of the Act.
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
Mayor and City Council
November 19, 1996
Page 3
The Act requires the City to act upon telecommunications applications pursuant to the City's zoning
authority "within a reasonable time." By prohibiting approval of all new telecommunications towers for
the duration of the Moratorium,the City exceeds the scope of discretion reserved to it under the Act and
will unlawfully deny APT's right to have its Applications reviewed and acted upon in a timely manner by
the City.
Conclusion
APT stands ready to cooperate with the adoption of reasonable performance standards designed to protect
the public, health, safety and welfare. It is unnecessary to adopt a moratorium to accomplish this goal.
There is a substantial legal basis on which to exempt certain applications from the effect of the
moratorium. It is not only wise public policy, the City is compelled to take such action under mandates of
state and federal law.
We look forwarding to working with the City toward a reasonable resolution of the interests of all parties
in this matter. We request that the City Clerk enter this letter into the official record of decision in this
matter.
Thank you for your careful consideration of the concerns of our client.
el)
tat
go i . Ko stad, for
•� ' , HOFFMAN, DALY & LINDGREN, Ltd.
cc: Mike O'Rourke
Doug Cowan
Brian O'Conner
0256257.01
. b.
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Termination of Probationary Status of Steven Thorp
DATE: November 12, 1996
INTRODUCTION:
The probationary period for the Building Inspector position held by Steve Thorp expires
on November 22, 1996. Staff is recommending that Mr. Thorp's probationary status be
terminated at this time.
BACKGROUND:
Effective May 22, 1996, the Shakopee City Council appointed Steve Thorp to the
position of Building Inspector. Mr. Thorp was previously the Building Official with the
City of St. Peter and has worked for the City of Shoreview. Mr. Thorp was hired at Step
I of the Bargaining Unit Pay Plan ($15.4590/hr).
Because the building inspection function was just incorporated into the Community
Development Department in July of this year, and because the author has only taken over
the direction of the department on a temporary basis in August with Mr. Bilotta's
departure, and on a permanent basis in October, the author sought the evaluation of Mr.
Thorp's immediate supervisor, Fulton Schleisman, the Building Official. Mr. Schleisman
has provided a very positive evaluation of Mr. Thorp's job performance during the past six
months. As a result, he recommended termination of the probationary status, and an
increase in pay to Step II ($16.4896/hr.)of the pay plan. Based on this information and
the author's own evaluation of Mr. Thorp's performance, staff is therefore recommending
that Mr. Thorp's probationary status be terminated at this time, and his pay be increased
to Step II of the pay plan.
ALTERNATIVES:
1. Move to terminate Steve Thorp's probationary status, and increase his pay to Step
II of the Pay Plan.
2. Move to terminate Steve Thorp's probationary status without increasing his pay to
Step II of the Pay Plan.
3. Extend Steve Thorp's probationary status another six months.
4. Table action pending further information from Staff
PROBTHOR.DOC/RML 1
STAFF RECOMMENDATION:
Staff recommends alternative 1.
ACTION REQUESTED:
A motion to terminate Steve Thorp's probationary status, and increase his pay to Step II
of the Pay Plan.
is\commdev\cc\1996\cc 1119\j probthor.doc
R. Michael Leek
Community Development Director
PROBTHOR.DOC/RML 2
/ 3. c4.
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Klima, Planner I
SUBJECT: Revised Resolution for Fischer
DATE: November 19, 1996
INTRODUCTION
On January 16, 1996, the City Council approved Appeal Resolution No. CC-713. This
resolution set forth Amendment No. 3 to the Mineral Extraction and Land Rehabilitation
Permit and Conditional Use Permit No. 376, and approved the renewal of Mineral
Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 and
Amendment Nos. 1 and 2.
DISCUSSION
Appeal Resolution No. CC-713 identified Fischer Aggregates, Inc. as the applicants and
property owners for the property legally described in the resolution. However, it has
recently come to the attention of staff that the property described in Appeal Resolution
No. CC-713 is actually owned by Fischer Enterprises, Inc.
In order to rectify the ownership issue in a resolution format, staff has prepared and
attached a revised resolution. The attached resolution has been revised to identify Fischer
Enterprises, Inc. as the property owner. This is the only revision that has been made to
the resolution.
ALTERNATIVES
1. Approve Resolution No. 4569, A Resolution Amending Appeal Resolution No. CC-
713.
2. Do not approve Resolution No. 4569, A Resolution Amending Appeal Resolution
No. CC-713.
3. Table action and request additional information from staff and/or the applicant.
STAFF RECOMMENDATION
Staff recommends the approval of Resolution No. 4569, A Resolution Amending Appeal
Resolution No. CC-713 (Alternative No. 1)
ACTION REQUESTED
Offer a motion to approve Resolution No. 4569, A Resolution Amending Appeal
Resolution No. CC-713, and move its adoption.
/ /1;p
Julie Klima
Planner I
is\comrndev\cc\19 96\cc 1119\fi scher.doc
RESOLUTION NO.4569
A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,AMENDING APPEAL
RESOLUTION NO.CC-713,A RESOLUTION UPHOLDING THE DECISION OF THE
BOARD OF ADJUSTMENT AND APPEALS TO APPROVE AMENDMENT NO.3 TO THE
MINERAL EXTRACTION AND LAND REHABILITATION PERMIT AND
CONDITIONAL USE PERMIT NO.376,AND APPROVING THE RENEWAL OF
MINERAL EXTRACTION AND LAND REHABILITATION PERMIT AND
CONDITIONAL USE PERMIT NO.376 AND AMENDMENTS 1 AND 2.
WHEREAS, Fischer Aggregates, Inc., the applicants, and Fischer Enterprises, Inc.
(formerly known as NBZ, Inc.) owners, have filed an application dated October 8, 1993, for
Amendments to Conditional Use Permit No. CC-376 (and subsequent amendments No. 1 and No. 2)
under the provisions of Chapter 11,Land Use Regulation(Zoning), of the Shakopee City Code, Section
11.85,Subd.2,for a Conditional Use Permit to operate a mine; and
WHEREAS, this parcel is presently zoned Agriculture (AG) with a Mining Overlay (MIN);
and
WHEREAS,the property upon which the request is being made is legally described as follows:
The Northeast Quarter of the Northwest Quarter of Section 16,
Township 115 North,Range 22 West, Scott County,Minnesota.
Also: the West Half of the Northwest Quarter of Section 16, Township 115 North,
Range 22 West, Scott County,Minnesota, lying north and easterly of the
northeasterly right of way line of the Chicago,Milwaukee, St.Paul and Pacific Railway.
Also: That part of the Southeast Quarter of the Northeast Quarter of Section 17
Township 115 North, Range 22 West, Scott County,Minnesota, lying northeasterly of the
northeasterly right of way line of the Chicago,Milwaukee, St.Paul and Pacific Railway; and
WHEREAS, notice was provided and the Shakopee Planning Commission held a public
hearing regarding this application on Nov. 4, 1993, and Dec. 9, 1993; and the Shakopee Board of
Adjustment and Appeals held a public hearing regarding this application on March 9, 1995; April 6,
1995; May 4, 1995; June 8, 1995; July 6, 1995;August 3, 1995; September 7, 1995; and January 4,
1996;at which it heard from the Planning Director and invited members of the public to comment; and
WHEREAS, at the conclusion of the public hearing on September 7, 1995, the Board of
Adjustment and Appeals voted to approve the application; and
WHEREAS, a written appeal was filed with the City Administrator by Beverly J.
Koehnen within ten days of the action of the Board of Adjustment and Appeals; and
WHEREAS, the City Council has reviewed the application, the record before the
Planning Commission, the record before the Board of Adjustment and Appeals, and the Board of
Adjustment and Appeal's action, found errors or omissions, and has overturned certain elements of
the Board's decision.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE,MINNESOTA, as follows:
That the City Council hereby upholds the decision of the Board of Adjustment and Appeals regarding the
renewal of Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 and
Amendments 1 and 2; and
That the City Council hereby upholds the decision by the Board of Adjustment and Appeals to approve
the following amendments to the Mineral Extraction and Land Rehabilitation Permit and Conditional
Use Permit No. 376:
1) To expand the operation to include the 5 acre Rutt Farmstead;
2) To relocate the natural gas pipeline on the site;
3) To relocate the central processing area;
4) To increase the final development grades from an elevation of between 800 to 810 feet to an
elevation of between 774 and 814 feet;
5) To change the operation from three to five phases; and
6) To increase the cubic yards of materials mined from 1,640,000 to 3,750,000 cubic yards; and
That the City Council hereby overturns the approval of the following two amendments that were
approved by the Board of Adjustment and Appeals:
1) To extend the number of years for the mining operation from 17 years to 20 years;
2) To expand the hours of operation from 8:00 a.m.to 5:00 p.m.,Monday through Friday,to 7:00
a.m.to 5:00 p.m.,Monday through Friday; and
That the City Council hereby approves the following additional amendment to the Mineral Extraction
and Land Rehabilitation Permit and Conditional Use Permit No. 376:
7) To allow the mine to operate for 17 years beginning on January 16, 1996, and terminating on
January 16,2013.
Passed in session of the City Council of the City of Shakopee,
Minnesota, held this day of , 1996.
Mayor of the City of Shakopee
Attest:
City Clerk
Prepared by:
City of Shakopee
129 S. Holmes Street
Shakopee,MN 55379
. 13. tt).
CITY OF SHAKOPEE
Memorandum
TO: Mayor& City Council
Mark McNeill, City Administrator
FROM: Bruce Loney,Public Works Director
SUBJECT: Adopting Assessments for Vierling Drive Improvement,
Project No. 1995-6
DATE: November 19, 1996
INTRODUCTION:
Attached is Resolution No. 4557, which adopts the assessment roll for the Vierling Drive
Improvement Project, from County Road(C.R.)79 to C.R. 77.
BACKGROUND:
At the November 6, 1996 City Council meeting, the Council elected to table action on the
resolution until a letter was received from Gold Nugget Development indicating that they
are responsible for the assessments associated with this project. Staff has contacted Mr.
Horst Graser, of Gold Nugget Development, and attached is a letter from him indicating
that Gold Nugget Development is responsible for the assessments. Funds have been held
in escrow with each lot sale for payment of these future assessments.
In addition, a letter from Old Republic National Title Insurance Company states that
funds have been held in escrow for Lot 12, Block 2, Meadows West 2nd to pay for the
Vierling Drive Improvements. This specific letter addresses the appeal letter received
from Ms. Diedri L. Young.
The public hearing was opened and closed at the November 6, 1996 meeting, thus the
only action for City Council is to act on the resolution. With these letters, staff would
recommend adoption of the assessment roll for this project.
ALTERNATIVES:
1. Adopt Resolution No. 4557.
2. Deny Resolution No. 4557.
3. Table for additional information.
RECOMMENDATION:
Staff recommends Alternative No. 1, to adopt Resolution No. 4557, so that the
assessments can be certified to Scott County before November 30, 1996.
ACTION REQUESTED:
Offer Resolution No. 4557, A Resolution Adopting Assessments for Vierling Drive,
from County Road 79 to County Road 77, Project No. 1995-6 and move its adoption.
/1411j2(
ruce Loney
I
Public works Director
BL/pmp
ME4557
RESOLUTION NO. 4557
A Resolution Adopting Assessments
For Vierling Drive, From County Road 79
To County Road 77
Project No. 1995-6
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:
Paving,Grading, Storm Sewer and Curb&Gutter on Vierling Drive,from County
Road 79 to County Road 77.
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
benefited by the proposed improvements in the amount of the assessments levied against it.
2. Such assessments shall be payable in equal annual installments extending over a period
of ten years,the first installment to be payable on or before the first Monday in January, 1997, and
shall bear interest at the rate of 6.25 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, 1997 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; the owner
may thereafter pay to the County Treasurer the installment and interest in process of collection on
the current tax list, and 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 November 30th of each year the total
amount of installments and interest on assessments on each parcel of land which are to become due
in the following year.
Adopted in session of the City Council of the City of
Shakopee,Minnesota,held this day of , 1996.
Mayor of the City of Shakopee
ATTEST:
City Clerk
11/13/96 16:47 NOVAK-FLECK 4456718 NO.450 D02
-GOLD NUGGET DEVELOPMENT INC.
8657 Zealand Avenue North
Brooklyn Park, Minnesota 55445
(612) 424-4955
November 13, 1996
Bruce Loney, Public Works Director
City of Shakopee
129 Holmes Street South
Shakopee,MN 55379
Dear Mr. Loney,
Please be advised that Novak-Fleck, Inc. has escrowed 150%of the estimated cost of Vierling
Drive improvements for all lots that have closed in the Meadows West 2nd and 3rd Additions.
The amount escrowed is approximately$7,400 per lot. Unfortunately there are several title
companies involved which would require obtaining a certification from each. Hopefully this letter
will suffice your needs.
Respectfully,
r. `{ /f " 1
Horst Gra
GOLD NUGGET DEVELOPMENT INC.
III* * *
(tt * OLD REPUBLIC
* National Title Insurance Company
I I it is * 7101 Northland Circle,Suite 205
Brooklyn Park,Minnesota 55428
(612)533-0330
(612)533-3055 FAX
Home Office:Minneapolis,Minnesota 55401-2499
November 7, 1996
City of Shakopee
129 Holmes Street South
Shakopee, MN 55379
Attn; Judith S. Cox, City Clerk
RE: Pending Special Assessments
227 Bluestem Avenue West
Lot 12, Block 2, Meadows West 2nd
Street Improvements
Dear Judith S. Cox,
It has come to my understanding that the property owners on the above
referenced property had made an objection regarding the assessments as they
misunderstood as to who was paying these.
This letter will serve as notification to you that I am holding sufficient
funds in escrow to pay these assessments as soon as they become payable.
We have several accounts in escrow for these lots which we have held from
the builders. If you should have any questions, please do not hesitate to
contact me.
Sincerely,
e4-6
Cindy undah
Escrow Officer
533-0330
NOV 12.1996
CITY OF SHAKOpEE
Order #: OR921333 - S
AGREEMENT
THIS AGREEMENT, Made this 5th day of August, 1996 ,
by and between Novak-Fleck, Incorporated
,
Diedri L. Young
parties of the first part, hereinafter referred to as Sellers, and
parties of the second part, hereinafter referred to as Buyers, WITNESSETH:
WHEREAS, Sellers have sold to Buyers real property legally described as follows, to-wit:
Lot 12, Block 2, The Meadows West 2nd Addition, according to the recorded plat
thereof, and situate in Scott County, Minnesota.
227 Bluestem Avenue West, Shakopee, MN 55379
PIN # 27-2030140
AND WHEREAS, searches obtained from the Office of the County Auditor and (or) the City in which said
land is located indicate "pending" or proposed special assessments asfollows, to-wit:
Pending Assessment for Street 215.19
Pending Assessment for Street 4,748.78
which are not now a lien and cannot now be paid, and the exact amount o w is canno .- . -
time;
AND WHEREAS, Sellers agree to pay said assessment when it becomes a lien and can beai
desire to establish an escrow for that purpose with Old Republic National Title Insurance Company, d' and
referred to as Title; hereinafter
NOW THEREFORE, In consideration of the premises and the mutual covenants of the parties hereto:
1. Parties agree that the sum of$ 7 446.00
Title, to be used by Title to pay said assessments when they can bebpaid, and ie deposited n the1eve inlers escrow withs
any additional
insufficient to pay the full assessments when they become a lien, Sellers agree to promptly event said sum is
amount that may be required. All funds so deposited and not needed to pay assessments are o be refunded to
Sellers, after assessments have been paid, except Title may withhold its escrow fee of$25.00. to
2. Parties understand that the assessingoffices mail notice of the assessments when spread andpayable,
the owners or occupants of the property, but that said notices are not mailed to Title. Parties agree to assume
full -sponsibility to notify Title when this assessment is spread and may be paid. The eatTtoe
is '. to be held liable for any late charges, interest or penalties which may be added to the amount of the
They further agree that Title
as• •- . -nt if not paid . the time allowed.
Diedri L. Youngiini ` g1L.
_r Christo 1
Christopher .,, .
OLD REPUBLIC TITLE INSURANCE COMPANY does hereby acknowledge recei t of'$ 7
to be held for payment of assessments in accordance with the above agreement. P •446
.o 0
SELLER'S S FORWARDING ADDRESS: OLD REPUB
' C ' NAL TITLE INSURANCE COMPANY
/ 3. 13JJ_
CITY OF SHAKOPEE
Memorandum
TO: Mayor&City Council
Mark McNeill, City Administrator
FROM: Joel Rutherford,Assistant City Engineer
SUBJECT: Easement Acquisition for Trunk and Lateral Sanitary Sewer
Project No.'s 1996-6 and 1996-9
DATE: November 19, 1996
INTRODUCTION:
Project No.'s 1996-6 and 1996-9 are for the trunk and lateral sanitary sewer lines
necessary to provide service to the plats of French Trace and Prairie Village. Bids were
received for these projects on November 15, 1996. As part of these projects, staff was
authorized to have the land appraised, prior to acquiring the easements necessary for
construction. Staff has been unable to acquire the easements for the price provided with
the appraisal.
BACKGROUND:
The appraised market value of the land within the affected area(see the attached drawing)
ranges from $0.40 to $0.50 per square foot. The appraisal has selected a"taking factor"
for the permanent easements of 20% to 30% and approximately 9% for the temporary
easements. The taking factor for the temporary easements is based on the period from
October 1996 to May 1, 1997. The appraisal also includes total severance damages of
$100.00. These damages are for the small portion near the Northern States Power (NSP)
easement, which does not lie within the NSP easement, and also which does not align
with the property line.
Staff has contacted the property owners and offered the values included in the appraisal.
Staff has been informed by some of the property owners that the "taking factor" should
be 100% of the permanent easements, and that they will grant the permanent easements
for 100% of the market value. Gene Hauer Farms is also requesting $1,000.00 for
severance damages.
Staff has worked with the affected property owners to locate the sanitary sewer (and
easements)with an alignment that minimizes impacts within their parcels for the existing
uses, as well as for future development. The alignment running north and south is along
a line which divides single-family residential and medium-density residential, as defined
in the City's Comprehensive Plan. This alignment was chosen with the expectation that a
roadway, or other buffer, would be located along this boundary. This alignment is along
an existing field road that serves as an access to farm fields.
On the north side, the alignment was chosen to be within the NSP easement, with the
expectation that no structures could be placed within this easement, and therefore
minimal impacts to future development.
The east-west alignment at the southern portion of the project was chosen after discussing
the development options with the land owners, and their engineer. This alignment allows
for a row of lots to be placed between the sanitary sewer and their property line.
The "taking factor" included in the appraisal is based on the potential impacts the
easements will have on current and future uses of the property. The appraised market
value of the land, "taking factor", and the appraised value of the permanent easements
are as follows(refer to the drawing for the parcel reference):
Permanent
Market Value Easement
[per sq. ft] Taking Factor [per sq. ft.]
Parcel A $0.50 20% $0.10
Parcel B $0.45 30% $0.135
Parcel C $0.45 25% $0.113
Parcel D $0.40 20% $0.08
Based on these values the total appraised value of the permanent easements, using the
recommended "taking factors" is approximately $7,700.00 If the "taking factors" were
revised to 100%,the total cost would be approximately$30,000.00.
The property owners have indicated the temporary easements costs are acceptable. The
total cost for the temporary easements is approximately$7,000.00.
The streets and utility work for the plats of French Trace and Prairie Village began this
fall, and the developers were hoping to have sanitary sewer service available sometime in
late 1996. During the platting of these developments, it was made clear that there were
no certainties regarding the availability of sanitary sewer service. The developers are
aware that the City does not yet have the easements required for construction.
The alternative of starting construction prior to easement acquisition was proposed by
staff by asking the property owners for a "right-of-entry" agreement. This agreement
would allow construction to begin without the easements, with the understanding that if
an agreement could not be reached regarding the cost of the easements, the City would
proceed with condemnation to acquire them. The property owners have chosen not to
allow construction on their property until the easements have been acquired.
The bidding documents for the sanitary sewer project indicate that easements may not be
available for this project until later this winter. This language was added to the bidding
documents in order to provide time for condemnation, if required for the project. It is
estimated that condemnation would cost between$6,000.00 and$9,000.00.
The easement acquisition is required for Project No. 1996-6, which is the trunk sanitary
sewer. Project No. 1996-9 is the lateral sanitary sewer, which will be assessed. The
easements needed for Project No. 1996-9 will not be purchased, since the purchased price
would be assessed right back to the property owners.
The easements for Project No. 1996-6 would be paid for out of the Trunk Sanitary Sewer
Fund. The revenues for this fund are provided primarily by developers at the time of
platting. The area charges were calculated by estimating the project costs associated with
the construction of the City's trunk sanitary system, including easement acquisition.
These easement costs were estimated to be 15% of the construction costs. The estimated
easement costs included in the trunk sanitary sewer charge does not assume that 100% of
the market value of the land will be paid for the easements. If the costs to acquire
easements is 100% of the market value, revisions to the Trunk Sanitary Sewer Charge
may be necessary.
Staff has recommended that negotiations continue for the acquisition of the easements.
Staff is also recommending the authorization to begin condemnation proceedings, in the
event that the negotiations are not successful.
ALTERNATIVES:
1. Move to authorize staff to continue easement acquisition negotiations with the
affected property owners.
2. Move to adopt Resolution No. 4576,determining the necessity for and authorizing the
acquisition of certain property by proceedings in eminent domain.
3. Move to authorize staff to acquire the permanent easements for a price equal to 100%
of the appraised market value of the land, the temporary easements for 9% of the
appraised market value of the land,plus an additional $1,000.00 to Gene Hauer Farms
for severance damages.
4. Table this item.
RECOMMENDATION:
Staff recommends Alternative No.'s 1 and 2.
ACTION REQUESTED:
1. Move to authorize staff to continue negotiations with the property owners.
2. Offer Resolution No. 4576, A Resolution of the City of Shakopee, Minnesota,
Determining the Necessity for and Authorizing the Acquisition of Certain Property by
Proceedings in Eminent Domain and move its adoption.ioel Rutherford
lild/•---,
Assistant City Engineer
JR/pmp
MEM4576
RESOLUTION NO. 4576
A Resolution Of The City of Shakopee,Minnesota,
Determining The Necessity For And Authorizing
The Acquisition Of Certain Property
By Proceedings In Eminent Domain
WHEREAS, the City Council has determined that the City should construct a
trunk and lateral sanitary sewer from the Chaska Interceptor to the plat of French Trace;
and
WHEREAS,the City has been unable to successfully negotiate the acquisition of
the necessary right-of-way.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SHAKOPEE,MINNESOTA,AS FOLLOWS:
That acquisition by the City of the property described on Exhibit A is necessary
for the purpose of constructing a trunk and lateral sanitary sewer from the Chaska
Interceptor to the plat of French Trace.
That the City Attorney is authorized and directed on behalf of the City to acquire
the real estate described on Exhibit A by the exercise of the power of eminent domain
pursuant to Minn. Stat. Chapter 117,and is specifically authorized to notify the owners of
intent to take possession pursuant to Minn. Stat. Sec. 117.042. The City Attorney further
is authorized to take all actions necessary and desirable to carry out the purposes of this
resolution.
. Adopted in session of the City Council of the City of
Shakopee,Minnesota,held this day of , 1996.
Mayor of the City of Shakopee
ATTEST:
City Clerk
•
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MEMO ON TABLE
CITY OF SHAKOPEE
Memorandum
TO: Mayor& City Council
Mark McNeill, City Administrator
FROM: Joel Rutherford,Assistant City Engineer
SUBJECT: Consider Bids for Trunk and Lateral Sanitary Sewer,
Project No.'s 1996-6 and 1996-9
DATE: November 19, 1996
INTRODUCTION:
The bids for Project No.'s 1996-6 and 1996-9 were received for these projects on
November 15, 1996. A separate memo has been included with the meeting agenda to
review the acquisition of the easements necessary for these projects. Staff is
recommending that consideration of the bids be deferred until references can be checked
and the easement issue has been resolved.
BACKGROUND:
The bids for these projects were opened on November 15, 1996. The following is a
summary of the bids received:
Bonine Excavating, Inc. $124,917.60
Northdale Construction,Inc. $145,184.24
S.J. Louis Construction,Inc. $163,330.20
Minger Construction,Inc. $164,138.70
Landwehr Construction,Inc. $166,234.00
S.M. Hentges& Sons, Inc. $167,280.36
Latour Construction, Inc. $172,366.88
Barbarossa& Sons, Inc. $175,468.00
S.R. Weidema Construction,Inc. $177,336.38
Annandale Contracting,Inc. $178,157.00
Ryan Contracting, Inc. $185,812.40
Arcon Construction, Inc. $187,438.14
Richard Knutson,Inc. $195,937.60
t '
Brown& Cris, Inc. $202,381.40
Duininck Bros., Inc. $240,100.00
Utility Systems of America,Inc. $275,409.00
The engineer's estimate for this project was approximately$220,000.00.
RECOMMENDATION:
Staff recommends to defer action on awarding the bids to a later Council meeting.
Oe1
oel Rutherford
Assistant City Engineer
JR/pmp
TABLE
/3 e
C�
MEMO ON TABLE
CITY OF SHAKOPEE
Memorandum
TO: Mayor& City Council
Mark McNeill, City Administrator
FROM: Bruce Loney,Public Works Director
SUBJECT: Awarding Bids on Valley Park 13th Improvements,
Project No. 1996-8
DATE: November 19, 1996
INTRODUCTION:
Staff did conduct a bid opening on November 15, 1996 for the Valley Park 13th
Improvements, Project No. 1996-8. Staff has not had adequate time to evaluate the bids
and determine the lowest responsible bidder for this project. Staff is recommending
deferring this item until the November 26th or December 3rd meeting, whenever the
recommendation can be made for this project.
Bruce Loney
Public Works Director
BL/pmp
DEFER
) 3, C. a .
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Officer David Nelson Resignation
DATE: November 15, 1996
INTRODUCTION:
The Council is asked to accept the resignation of Officer David Nelson from the Police
Department effective November 7, 1996..
BACKGROUND:
Attached is a letter of resignation from Officer David Nelson. As shown., he is resigning his
position for health reasons.
RECOMMENDATION:
We recommend that the resignation of Officer David Nelson be accepted with regrets, effective
November 7, 1996.
ACTION REQUIRED:
If the Council concurs, it should, by motion, accept the resignation of Officer David Nelson from
the Shakopee Police Department, with regrets, effective November 7, 1996.
it,S_ &AAA-al
Mark McNeill
City Administrator
MM:tw
November 7, 1996
TO: CHIEF STEININGER
FROM: DAVID NELSON
SUBJECT: RESIGNATION
Effective today, 11/7/96, I must resign my position as Police
Officer for the City of Shakopee.
Over the past eleven and one half years I have enjoyed
my association with the City and regret that my health
problems have shortened my career.
I wish my co-workers the very best and please know that I
will miss them.
Thank you for your assistance.
/3. e, b
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Code Enforcement Officer Pay Adjustment
DATE: November 15, 1996
INTRODUCTION:
The Council is asked to amend the City Pay Plan for the Code Enforcement Officer,to bring the
position's pay in line with the pay plan for other seasonal city employees.
BACKGROUND:
Elsewhere on the November 19th City Council agenda is a request from the Park and Recreation
Director to reduce the number of steps for seasonal and non-union part-time employees in his
department from 6 to 4, for those positions who are not already with four steps.
If the Park and Recreation Director's recommendation is accepted, the only seasonal position in
the City Pay Plan that would remain at 6 steps would be the Code Enforcement Officer. Council
will recall that this was last adjusted on October 15th, at which time the starting (step 1) salary
was increased, along with the subsequent five steps.
In order to bring the Code Enforcement Officer pay in line with the other pay plan, it makes
sense to reduce that to 4 steps. However, as compared to the recommendation on the Parks and
Recreation proposal which,because of conflicts with many positions on minimum wage,
recommended that steps 1 and 6 of the old pay plan be dropped, for the Code Enforcement
Officer steps 5 and 6 could be eliminated. (It is unusual that we would have some one in that
capacity for more than a couple of years).
By doing this, the top step for the Code Enforcement Officer would be reduced from $11.43,to
$10.29 per hour.
RECOMMENDATION:
In order to be consistent with the pay plan for the other seasonal employees,I recommend that
Steps 5 and 6 of the Code Enforcement Officer pay plan be eliminated.
Because this is primarily a warm weather position,there is no employee currently in this
position.
ACTION REQUIRED:
If the Council concurs, it should, by motion, adopt the following resolution:
A RESOLUTION AMENDING RESOLUTION NO. 4549, WHICH AMENDED THE 1996
PAY SCHEDULE FOR THE CODE ENFORCEMENT OFFICER.
RESOLUTION NO. 4578
A RESOLUTION AMENDING RESOLUTION NO. 4549, WHICH AMENDED
THE 1996 PAY SCHEDULE FOR THE CODE ENFORCEMENT OFFICER.
WHEREAS, on October 15, 1996,the Shakopee City Council adopted Resolution No.
4549 amending the 1996 Pay Schedule; and
WHEREAS, certain conditions and circumstances have changed to make it desirous to
amend the 1996 pay Schedule for Officers and Non-Union employees of the City of Shakopee at
this time.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shakopee,
Minnesota, that the Seasonal Pay Plan for the Code Enforcement Officer position classification is
hereby amended as follows:
Step 1 Step 2 Step 3 Step 4
$ 8.57 $ 9.14 $ 9.72 $10.29
Adopted in Adjourned Regular Session of the City of Shakopee,Minnesota held this 19th
day of November, 1996.
Mayor of the City of Shakopee
ATTEST:
City Clerk
1 3. ,0. af,
CITY OF SHAKOPEE
Memorandum
To: Mayor and City Council
Mark McNeill, City Administrator
From: Mark McQuillan, Director of Parks and Recreation
Subject: 10th Avenue Bike Lanes
Date: October 16, 1996
INTRODUCTION
At the request of the City Council,the Parks and Recreation Advisory Board studied the
possibility of designating bike lanes along 10th Avenue. At its September 23 and October
28, 1996 meetings, the Parks and Recreation Advisory Board reviewed this issue in great
detail and determined that designated bike lanes on 10th Avenue could improve bike
safety on that street but not to a great extent.
BACKGROUND
Description of 10th Avenue
Tenth Avenue is a four lane street that runs in an east-west direction. It also has a 4 foot
wide shoulder on both sides of the street which is clearly marked with a 4 inch wide
stripe. The street is State Aid street and was constructed in the mid 1960s. The
approximately 4 mile road stretches from the west at Highway 169 to the east at
Shakopee Avenue (the street swerves north to intersect with Shakopee Ave.). See Map on
Attachment A.
It's fairly safe to say most, if not all, of 10th Avenue is located in an urban residential
area. The street is a major corridor of transportation for automobiles, bicyclists and
pedestrians. Three public schools are located along 10th Avenue; Sweeney Elementary
School (10th& Adams), Pearson Elementary School (10th& Dakota) and the Senior
High School (10th& Spencer).
Bike Corridors
Today's bikeways and trail routes/corridors are designed with transportation and
recreational purposes in mind. Bicyclists prefer using roadways and trail corridors which
are bicycle friendly. Therefore, it's essential we examine the existing conditions of 10th
Avenue to determine if there is a suitable mix.
Evaluation of Existing Conditions
Tom Foley, Transportation Engineer for the City of Richfield is currently studying a
similar bikeway corridor in that city. He recommends that Shakopee conduct an
Urban/Suburban Bicycle Street Compatibility Evaluation of 10th Avenue before we
designate bike lanes. The Urban/Suburban Bicycle Compatibility Evaluation is a method
for evaluating streets for their suitability as bike routes. The procedure is fairly simple.
The rating system takes into consideration six factors outlined below:
PRIMARY FACTORS SECONDARY FACTORS
* Roadway width * Percentage of trucks
* Traffic volume * Number of Driveways
* Speed of traffic * Parking turnover
Each factor is rated from 1 to 5. The primary factors are averaged to obtain an overall
rating. The secondary factors are added if the average rating is greater than the rating for
primary factors.
Classification according to Bicyclist Stress Level and Suitability:
SCORE (Stress Level) RATING (Suitability)
1. Very Low 1. Good for all groups of bicyclists
2. Low 2. Good for all adult bicyclists
3. Moderate 3. Good for some adult bicyclists
4. High 4. Acceptable only for experienced bicyclists
5. Very High 5. Unacceptable for all bicyclists
With the assistance of the Shakopee Engineering staff,the primary and secondary data
was collected and recorded on an Evaluation Form. The information was then faxed to
Tom Foley who graciously entered the information into his data base to determine a
rating for 10th Avenue.
Results
The results turned out to be very good for bicyclists. The analysis indicated that 10th
Avenue has a current rating of 2 which means it has a low stress level for bicyclists and it
is good for all adult bicyclists.
If the City desires to create a more highly suitable condition for all groups of bicyclists (a
number 1 rating) it can designate bike lanes on both sides of the street and eliminate
parking. However, sometimes eliminating parking does not always improve safety either.
Careful study is needed before making changes regarding parking.
Other options to eliminating parking completely
Eliminating the parking on 10th Avenue will create a hardship for the schools located
along the street. The schools rely on the street for overflow parking during certain special
events. The city's youth baseball and softball programs also use school facilities and
many who attend the games use 10th Avenue for parking.
Other options to consider:
Bike Lane Option 1
The City could allow parking along 10th Avenue but only during certain times of the day,
weeks or seasons. This would be hard to police and adds more signs along the street.
Bike Lane Option 2
Another option is to allow parking only within the school zone but nowhere else along
10th Avenue. This would satisfy the schools, but what about those residents who live
along 10th Avenue?
ALTERNATIVES
1. Designate bike lanes on both sides of 10th Avenue and eliminate all parking on both
sides of the street after a careful study has been conducted. (Hire a consultant).
2. Designate Bike Lanes on both sides of 10th Avenue and to eliminate parking on both
sides of the street, except within school zones, after a careful study has been
conducted.
3. Designate bike lanes on both sides of 10th Avenue and restrict parking during certain
times of the day and year after a careful study has been conducted.
4. Do nothing.
5. Refer the matter to the Planning Commission to review.
6. Table for further information from staff
Parks & Recreation Advisory Board and Staff Recommendation
Alternative #4. Do nothing at this time.
Rationale
• The evaluation of existing conditions on 10th Avenue shows it is a safe roadway for
mature bicyclists.
• The four lanes on 10th Avenue provides bicyclists adequate space to maneuver
around parked cars.
• Motor vehicle speed can have a negative impact on risk and comfort for bicyclist
unless it is mitigated by certain design treatments. The speed limit on 10th Avenue is
30 mph and the average operating speed is about 33 mph which is very acceptable for
the comfort level of bicyclists. There are six 4-way stops along 10th Avenue which
contribute to a traffic"calming" effect. Traffic calming aims to reduce the dominance
and speed of motor vehicles.
• The flat terrain on 10th Avenue allows for good sight distance for bicyclist and
vehicles who share the road.
• When Vierling Drive is extended from CR77 to the Town Square Shopping Center, it
will help reduce the traffic volume on 10th Avenue. The new Shakopee By-Pass will
also absorb some of the traffic load.
• There is no regular presence of semi trucks,busses and/or recreational vehicles on
10th Avenue which increase risk and have a negative impact on comfort for
bicyclists.
ACTION REQUESTED
Move to keep the status quo and not de ' nate bike 1 es 10th Avenue at this time.
Mark J. McQuillan
Parks and Recreation Director
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CITY OF SHAKOPEE 1. . 10.
Memorandum
To: Mayor and City Council
Mark McNeill, City Administrator i"
From: Mark McQuillan, Parks and Recreation Director
Subject: Pay Plan Adjustment for Recreation Part-time Employees
Date: October 17, 1996
INTRODUCTION
Staff is recommending the Pay Plan for part-time employees in the Parks and Recreation
Department be adjusted so it can be applied fairly to all positions.
BACKGROUND
In 1992, the Pay Plan for certain part-time recreation positions was changed to extend the
number of years it would take to reach the top step. With some positions, employees
would not reach the top step until they have worked at least 6 years while other positions
were on a four step plan. Some employees feel this is unfair.
On the average most recreation part-time employees do not stay more than four years. For
that reason alone, having 6 pay steps to reach the top step for a part-time position seems
somewhat superfluous.
To correct some of the inequities of the existing Pay Plan, I recommend making the top
step for all part-time positions be four years. Wages for instructors, coordinators and
assistants: Steps 1 and 6 of the current Pay Plan would be eliminated and Steps 2 and 5
would represent the starting wage and top wage. On October 1, 1996,the minimum wage
law was raised to $4.75 per hour and it will be adjusted again September 1, 1997 to $5.15
per hour.
Exhibit C is a copy of the current Pay Plan for part-time employees. Exhibit A is the
newly revised Pay Plan.
ALTERNATIVES
1. Adopt the revised Pay Plan for part-time recreation positions to be effective
immediately.
Y
2. Do not change the current pay plan for part-time recreation positions.
3. Table for additional information from staff.
STAFF RECOMMENDATION
Alternative # 1.
ACTION REQUESTED
Offer Resolution No. 4575, a resolution amending Resolution No. 4368 adopting the
1996 pay schedule for the offices and non-union employees of the City of Shakopee and
move for its adoption.
Mark J. Mc•uillan
Parks and Recreation Director
RESOLUTION NO. 4575
RESOLUTION AMENDING RESOLUTION NO. 4368
ADOPTING THE 1996 PAY SCHEDULE FOR THE
OFFICERS AND NON-UNION EMPLOYEES OF THE
CITY OF SHAKOPEE
Whereas, on December 19, 1995, the Shakopee City Council adopted Resolution No.
4368 approving the 1996 Pay Schedule for the Officers and Non-Union Employees of the City of
Shakopee; and
Whereas,certain conditions and circumstances have changed to make it desirous to
amend the 1996 Pay Schedule for the Seasonal and Non-Union Recreation Employees of the City
of Shakopee at this time.
NOW,THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA; that the attached corrected 1996 Pay schedule Exhibit C as attached
is hereby adopted and effective November 19, 1996.
Adopted in Regular Session of the City of Shakopee,Minnesota,held this
day of November 1996.
Mayor of the City of Shakopee
ATTEST:
City Clerk
h th; a
1996 SEASONAL PAY PLAN
Starting Year 2 Year 3 Year 4
INSTRUCTORS
Golf $11.50 $12.22 $12.93 $13.65
Tennis $11.50 $12.22 $12.93 $13.65
Fitness $11.50 $12.22 $12.93 $13.65
Cheerleading $11.50 $12.22 $12.93 $13.65
Gymnastics $11.50 $12.22 $12.93 $13.65
Skating $11.50 $12.22 $12.93 $13.65
Gymnastics Assit. $7.99 $8.49 $8.99 $9.49
Summer Sports Coordinator $7.99 $8.49 $8.99 $9.49
Teen Broomball Coordinator $7.99 $8.49 $8.99 $9.49
Day Camp Coordinator $7.99 $8.49 $8.99 $9.49
Jr. Team Tennis Coordinator $7.99 $8.49 $8.99 $9.49
Volleyball Coordinator $7.99 $8.49 $8.99 $9.49
Activity/Trip Coordinator $7.99 $8.49 $8.99 $9.49
Recording Secretary $7.99 $8.49 $8.99 $9.49
Summer Sports Assistant $4.93 $5.22 $5.51 $5.80
Rink Attendant $4.93 $5.22 $5.51 $5.80
Gym Attendant $4.93 $5.22 $5.51 $5.80
Cheerleading Assistant $4.93 $5.22 $5.51 $5.80
Pool Manager $8.49 $8.99 $9.69 $9.99
Asst. Pool Manager $7.19 $7.61 $8.20 $8.45
Lifeguard/Instructor $6.28 $6.51 $7.02 $7.24
Lifeguard $5.85 $6.00 $6.15 $6.28
Cashier $5.85 $6.19 $6.54 $6.88
Pool Aide $4.93 $5.22 $5.51 $5.80
EXHIBIT C
to Resolution No . 4368 Adopted Dec . 18 , 1995
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CITY OF SHAKOPEE
Memorandum
To: Mayor and City Council
Mark McNeill, City Administrator
From: Mark McQuillan, Director of Parks and Recreation
Re: Facility Use Policy
Date: October 29, 1996
INTRODUCTION
At its October 28, 1996 meeting,the Parks and Recreation Advisory Board recommended
to the City Council the approval of the revised Recreation Facility Use Policy.
BACKGROUND
Prior to the construction of the Community Center,the Recreation Facility Use Policy
pertained mainly to the baseball/softball fields,picnic shelters, and the Community Youth
Building. In 1995,the policy was redrafted to include the new Community Center.
Now, after one year, staff and the Parks and Recreation Advisory Board have found the
"one size, fits all" approach to be overly vague and difficult to administer effectively. The
newly proposed Recreation Facility Use Policy has a separate criteria for classifiying
users and fees are structured accordingly. This will make it easier to identify who pays
and who doesn't pay and the level of benefits and payments involved for each service..
Attachment A is the current policy and Attachment B is the proposed Recreation Facility
Use Policy.
ALTERNATIVES
L Offer a motion to approve the revised Recreation Facility Policy to be effective
January 1. 1997.
2. Do nothing. Use the existing policy.
3. Table for additional information from staff.
RECOMMENDATION
The Parks and Recreation Advisory Board recommended to the City Council the adoption
of the revised Recreation Facility Use Policy to be effective January 1, 1997.
ACTION REQUESTED
Offer a motion to approve the revised Recreation F il'ty Use Policy to be effective
January 1, 1997.
Mark J. McQuillan
Parks and Recreation Director
ATTACHMENT A
City of Shakopee
Facility Use Fee Structure
Rental Rates and Charges
Groups or individuals interested in reserving or renting Civic Center, Community Youth Building and City Hall
facilities may do so by calling 445-0000. Reservations must be made 30 days prior to rental. Individuals and
groups using City facilities may be assessed a facility use fee and/or staff charges. Minimum two hour charge.
Fees are assessed according to the following criteria.
1. City of Shakopee and School district#720 sponsored and affiliated groups and activities will not be charged
rental fees for use of the Civic Centers gym, meeting room and related animates. Not included in this policy
is the ice arena.
2. Local organizations that are quasi-public, youth serving organizations, civic and service organizations,
fraternal organizations and social agencies, non-profit educational organizations, governmental entities in
Scott County, religious organizations for non-worship activities, local political organizations (caucuses)will
not be charged rental fees. Staff fees will be charged when facilities are not normally staffed.
3. Groups listed under category 2 who use the City facilities for fund raising events or for activities that require
admission fees, or collection of money are subject to 60% of the rental rates (unless proceeds are
contributed to the local community)_ Religious organizations for worship or instruction are subject to 60% of
the rental rates. Staff and equipment fees will be assessed per agreement.
4. Individuals, private agencies, businesses, companies or vendors who reside within City of Shakopee, and
who use City facilities for commercial (sales, marketing, training) or personal profit, will be assessed 100% of
the rental rates. Staff and equipment fees will be assessed as per agreement.
5. Individuals, religious organizations, private agencies, businesses, organizations, companies or venders
located outside City of Shakopee will be assessed 125%of the rental rates.
FACILITY RENTAL FEES
Community Youth Building $ 25. /per hour+$50 refundable damage/cleaning deposit
Community Meeting Room cs OR MORE) $ 25. /per hour
Community Meeting Room (4-5 PERSONS) $ 25. /per hour
Gymnastics/Aerobics Studio $ 25. /per hour
Mezzanine (wrestling room) $ 25. /per hour
Gymnasium/Ice Arena (Dry) $ 25./per hour
ice Arena (Prime) $ 110./per hour
ice Arena (Off Prime) $ 55./per hour
Multi-purpose room $ 25./per hour
Picnic Shelter Resident or No-orofit croup $ 25./per day
Picnic Shelter Shakopee Corporate Business $ 45./per day
Non-resident group or Corporate Business $ 55./per day
Ball fields(One dayl $ 20./per field
Ball fields(Two dayl $ 30./per field
Ball fields (Three day) $ 40./per field
Tahpah Park Concession stand $ 50./per day $50 refundable damage/cleaning deposit
STAFFING CHARGES
Custodial Fees: $ 27./per hour
A charge may be assessed to categories 2, 4 &5 groups for special set-up and or clean-up. Category 2
&4 will be charged a custodial fee for activities requiring custodial services which are scheduled when
facilities are not normally staffed. Category 5 groups will be charged a custodial fee for all activities.
Building Supervisor. $ 12. /per hour
A charge may be assessed to categories 2,4&5 groups per agreement.
Security and Police Officers:
Groups in categories 2, 4& 5 may be asked to provide security and or police officers for certain
activities. Events in which high attendance is expected, When an unusual amount of money is to be
exchanged, or if valuable property will be used or featured are examples of such activities.
EQUIPMENT RENTALS/CHARGES (DAILY FEES)
VCR/Monitor $ 10.
Microphones $ 5.
Ice Machine $ 10.
Coffee Maker(goo cup) $ 10.
Wrestling Mats $ 50. (No charge: Mat Club& High School)
Tumbling Mats $ 25.
Basketball $ 1./each
Volleyball Standards- Nets& Ball $ 15. /per court
Sound System for Music $ 10.
Batting Cage $
Golf Cage $ 3.75/per 15 minutes
Volleyball& net(Outdoor) $ 5./per day or weekend
Horse Shoes $ 4./per day or weekend
An invoice for charges will be sent after the schedules activity. Charges are assessed from the time a group
enters the building to when they depart. A down payment may be required.
e (
4 777)0/0470
toil
SHAKOPEE COMMUNITY CENTER FACILITY USE AND
RENTAL POLICY
Groups or individuals interested in reserving or renting the Shakopee Community Center
facilities may do so by calling the Shakopee Parks and Recreation office at 445-8244.
Reservations should be made 30 days in advance. In some cases, individuals and groups
may be assessed a facility usage fee and/or staff charges. Fees are assessed according to
the following criteria:
PRIORITY USAGE AND FEE STRUCTURE
1. Parks and Recreation programs and activities shall have first priority in using the
community center's facilities and shall not be charged a rental fee.
2. In accordance to the joint powers agreement between the City of Shakopee and School
District#720, the Shakopee School District shall not be charged a rental fee for those
things covered within the agreement.Not included in this policy is ice rental fees.
3. Youth and adult programs that have a direct affiliation with the Parks and Recreation
Department will not be charged a rental fee. For example, Shakopee's youth baseball,
softball, basketball, football, hockey, volleyball, soccer and tennis associations. These
programs will be allotted a block of free time when the facilities are available. Request
for more than the allotted time will require a rental fee at 80%of the rental rate.Not
included in this policy is ice rental fees.
4. Local organizations classified as: quasi-public, youth serving organizations, civic and
service organizations, fraternal organizations, government entities in Scott County,
religious groups for non-worship activities, may use the community center's meeting
rooms a maximum of 6 times per year without charge. The rental fee for additional
meetings is $15 per meeting. Gym time can be rented at 80% of the rental rate. Not
include in this policy is ice rental fees.
5. Individuals, private agencies, churches, businesses, and vendors, located in the City of
Shakopee, can rent the community center facilities at 100%of the rental rates.
6. Individuals, private agencies, churches, businesses,political groups and vendors,
located outside the City of Shakopee, can rent the community center facilities at 150% of
the rental rates. Ice rental fees are not included with this policy (pay the regular rate).
FACILITY USE POLICY 1
FUND RAISING CLAUSE:
A. All groups and organizations,who wish to use the community center for fund raising
events or activities, will be subject to 100%of the rental fee and 15% of the net sales
(concessions and/or admissions).
ALL NIGHT PARTIES
To be determined
STAFFING CHARGES
The Parks and Recreation Department reserves the right to determine if additional
charges may be required. A charge may may be assessed to any group using the
Community Center when the following conditions exist:
a) Events or meetings requiring special set-up or cleaning. $27 per hr.
b) Events or meetings that fail to provide adequate supervision will be assigned a
supervisor at a cost of$20 per hr.
c) Events or meetings held when the Community Center is not normally open, will be
assigned a supervisor at $20 per hr.
e) Events or meetings which require a police officer or private security will be asked to
arrange for this service at their own expense. Actvities that may require special security
would include, but not limited to, are: events that have high attendance (800 or more),
when there is an unusual amount of money being exchange, when valuable property is
being displayed, when the event itself has the potential to become volatile or unsafe are
some examples.
COMMUNITY CENTER RENTAL FEES SCHEDULE
Meeting rooms(graduating scale)$25 first hour,$20 for hours 2-5 and$10 for hours 5-10
Gymnastics/Aerobics Studio(graduating scale))$25 first hour,$20 for hours 2-5 and$10 for hours 5-10
Multi-Meeting Room(graduating scale)$25 first hour,$20 for hours 2-5 and$10 for hours 5-10
Gymnasium(graduating scale)$25 first hour,$20 for hours 2-5 and$10 for hours 5-10
Ice Arena Non-Prime time$55-$110 per hour Prime time
PROPOSED CHANGE: Effective July 1.1997:Non prime time$65-$120 per hour Prime time.
Photo copying $.20 per page
EQUIPMENT RENTALS (Daily Rates)
VCR/Monitor $5
Coffee Maker $5
Wrestling Mats $50
Golf Cage $3.75 per 15 minutes.
Locker rental $35 per year
FACILITY USE POLICY 2
SHAKOPEE COMMUNITY YOUTH CENTER BUILDING
FACILITY USE AND RENTAL POLICY
On October 3, 1989,the City of Shakopee accepted the donation of the Shakopee Youth
Center Building from the Shakopee Lions Club. The building is to serve as the primary
meeting place for scouting groups and other structure youth groups. Consistent with the
commitment made by the Shakopee Lions Club,the City has determined there shall be no
charge for use of the building by Shakopee youth organizations. It is the duties and
responsibilities of the Shakopee Parks and Recreation Department to schedule and
manage the Community Youth Center Building. Groups or individuals interested in
reserving or renting the Shakopee Community Youth Center building may do so by
calling the Shakopee Parks and Recreation office at 445-8244. Reservations should be
made 30 days in advance. In some cases, individuals and groups may be assessed a
facility usage fee and/or staff charges. Fees are assessed according to the following
criteria:
PRIORITY USAGE:
1. Shakopee Cub Scout, Boys Scout and Girls Scout groups shall have the first
opportunity to reserve the community youth center building. Reservations must be
finalized by August 31. There is no rental charge.
2. Shakopee youth organizations (4-H, youth athletic associations, high school groups
etc.) Shakopee Parks and Recreation activities and Shakopee School District programs
may reserve the community youth center building at no-charge.
3. Individuals, private agencies, businesses,vendors and church organizations, who reside
or are located within the City of Shakopee, may rent the community center facilities at
100%of the rental rates.
4. Individuals, private agencies, businesses, vendors and church groups, who reside
outside the City of Shakopee, may rent the community center facilities at 150%of the
rental rates.
COMMUNITY YOUTH CENTER RENTAL FEE SCHEDULE
$75 per day.
FACILITY USE POLICY 3
PICNIC SHELTER RENTAL FEES SCHEDULE
Picnic Shelter Weekend Rates (Daily Rental)
Residents (families, reunions, weddings) $25
Resident businesses: $50
Non-residents families: $45
Non-resident businesses: $75
Picnic Equipment(DailyRentals)
Volleyball net& ball $5
Horseshoes $5
OUTDOOR ATHLETIC FIELD RENTAL FEE SCHEDULE
These rates are applied to events held on City and School District property that are
maintained by the City.
Ball field (one day): $20 per field
Ball field (two days): $30 per field
Ball field (three days): $40 per field
Concession stand: $50 per day, plus a$50 cleaning/damage deposit
Ball fields w/lights: $25 per night,per field
FACILITY USE POLICY 4
l � p � •
CITY OF SHAKOPEE
Memorandum
To: Mayor and City Council
Mark McNeill, City Administrator
From: Mark McQuillan, Parks and Recreation Director
Subject: Science Nature Area Environmental Action Project
Date: November 19, 1996
INTRODUCTIONBACKGROUND
Teachers at Sweeney Elementary School are in the process of applying for a Science
Nature Area Environmental Action Grant through St. Olaf College in Northfield,
Minnesota. The project involves the development of an interpretive nature trail with some
signage on the north side of Tahpah Park. There is about an acre of woods along the north
side of the park next to Vierling Drive. The project involves teachers and students
working together to create a nature study area. If the grant request is approved,the project
will start in the Spring of 1997. The Director of Parks and Recreation recommends the
approval of this request and therefore, offers Resolution No. 4579 for Council's approval.
The Resolution will be included with the grant application which is due December 9,
1996.
RECOMMENDED ACTION
Offer Resolution No. 4579, A Resolution of the City of Shakopee, Minnesota, approving
the request to do a Science Nature Area Evenvironmental Action Project in Tahpah Park
by the students and teachers of Sweeney Elementary School of Shakopee Public Schools,
Minnesota.
G
Mark J. cQuillan
Parks and Recreation Director
Siii4KopEE Shakopee School Board Superintendent Robert J. Ostlund
Kathy Busch, Chair
PUBLIC SCHOOLS
Robyn Wolfe, Vice Chair
Janet Wendt, Clerk Principal: Lynnette Olson
Steve Schneider, Treasurer
Sweeney Elementary Todd Anderson, Director
Jessica Geis, Director
Bob Techam, Director
November 18, 1996
Dear City Council Members:
Sweeney Elementary School is writing a grant to Science Nature Area
Project Environmental Action to obtain funds to develop the wooded
area north of Tahpah Park as an outdoor learning area. Our task
force has been working on the plan since early last spring and must
submit the grant application by December 9, 1996. I spoke with the
acting city administrator last spring and received his permission to
proceed with our preliminary planning. Since that time Mark
McQuillan has met with the task force and has helped with planning.
If we are awarded the grant an environmentalist from St. Olaf
College will work with us to design an area that will become an
outdoor classroom. In this learning area we hope to put up
appropriate bird houses, clear some of the unnatural waste materials
that have accumulated there, put wood chips on walking trails, label
native trees and shrubs, and establish areas where students could
ssions. In time we would also like to
meet to engage in science discu
plant some native wildflowers and grasses.
I appreciate the support of the city of Shakopee during our planning
stages and hope that you will continue to be a partner in this joint
activity that will benefit the city, Sweeney School, and surrounding
neighborhoods. I will keep you informed of our progress and would
be pleased to answer any questions or concerns you may have. We
will be notified in February if we are successful with our application.
Thank you for your support of this project.
Sincerely,
Lynn Olson
Sweeney Principal
1001 South Adams Street Shakopee, MN 55379 ALL SCHOOLS ACCREDITED BY THE NORTH CENTAL ASSOCIATION
(612)496-5952 AN EQUAL OPPORTUNITY EMPLOYER
RESOLUTION NO. 4579
A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING
THE SCIENCE NATURE AREA ENVIRONMENTAL ACTION PROJECT IN
TAHPAH PARK BY SWEENEY ELEMENTARY SCHOOL
WHEREAS: Sweeney Elementary School shall attempt to successfully obtain a Science
Nature Area Environmental Action Grant to create a nature study area on the north side of
Tahpah Park; and
WHEREAS: The nature study area will create a greater public awareness and sensitivity
about the environment and the outdoors; and
WHEREAS: the site will provide opportunities for classrooms at Sweeney School and
other schools to become involved in nature based activities and learn about the protection
and preservation of natural areas while encouraging appropriate uses of outdoor areas for
activities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, AS FOLLOWS:
That the City approves the request to do a Science Nature Area Evironmental Action
Project in Tahpah Park by the students and teachers of Sweeney Elementary School of
Shakopee Public Schools, Minnesota.
Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota, held
the day of , 1996.
Mayor of the City of Shakopee
ATTEST:
City Clerk
/3. P. a.:
CITY OF SHAKOPEE
Memorandum
TO: Mayor and Council
Mark McNeill, City Administrator
FROM: Gregg Voxland, Finance Director
SUBJ: Certifying The Cost of Weed Cutting
DATE: November 13, 1996
Introduction & Background
The city routinely certifies past due bills for weed cutting
for collection with the property taxes. Resolution No. 4563
certifies three bills for weed cutting for collection on the
1997 taxes.
Action
Offer Resolution No. 4563, A Resolution Certifying The Cost
Of Weed Cutting For Collection On The Tax Rolls Payable
1997, and move its adoption.
regg Vo and
Finan e Director
is\finance\docs\gregg\cert97
RESOLUTION NO. 4563
A RESOLUTION CERTIFYING THE COST OF WEED CUTTING
FOR COLLECTION ON THE TAX ROLLS PAYABLE 1997
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
parcels listed is hereby certified to the Scott County Auditor for
collection with the 1997 property taxes.
27-004097-0 $ 41.04
27-136025-0 $ 45.36
27-001283-0 $ 41. 04
Adopted in session of the City Council of the City
of the Shakopee, Minnesota, held this 19th day of November, 1996.
Mayor of the City of Shakopee
ATTEST:
City Clerk
)3. E. 6
CITY OF SHAKOPEE
Memorandum
TO: Mayor and Council
Mark McNeill, City Administrator
FROM: Gregg Voxland, Finance Director
SUBJ: Certifying Delinquent Utility Bills
DATE: November 13, 1996
Introduction & Background
The city routinely certifies past due storm drainage utility
bills for collection with the property taxes. Resolution
No. 4563 certifies three bills for delinquent storm drainage
fees, including a $10 .00 certification fee, for collection
on the 1997 taxes. The property owners have been notified
of this process.
Action
Offer Resolution No. 4564, A Resolution Certifying
Delinquent Storm Drainage Utility Bills For Collection On
The Tax Rolls Payable 1997, and move its adoption.
Gregg Voxland
Finance Director
is\finance\docs\gregg\cert97
RESOLUTION NO. 4564
A RESOLUTION CERTIFYING DELINQUENT STORM DRAINAGE
UTILITY BILLS FOR COLLECTION ON THE TAX ROLLS PAYABLE 1997
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 costs of delinquent storm
drainage utility bills for the following listed parcels are hereby
certified to the Scott County Auditor for collection with the 1997
property taxes.
27-001290-0 $ 29.43
27-081009-0 $ 25.45
27-914001-2 $1,556.32
Adopted in session of the City Council of the City
of the Shakopee, Minnesota, held this 19th day of November, 1996 .
Mayor of the City of Shakopee
ATTEST:
City Clerk
CITY OF SHAKOPEE ) E. c.
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Vernice Takumi, Accountant
SUBJECT: 1996 Budget Amendment Resolution No.4566
DATE: November 11, 1996
Introduction and Background:
At the last City Council meeting Council moved to purchase a refurbished Sharp 3062 from D.C.
HEY. This action requires an amendment to the 1996 budget.
The change requires an increase in the Administration Department's Capital Equipment account
(account number 0121-4550), and a corresponding decrease in the contingency account ( account
number 0911-4490) Source of funding-contingency.
Attached is a resolution that amends the 1996 budget to provide for the increase in capital equipment
and a decrease in the contingency account for$12,620.
Contingency Status:
Balance remaining in this account after Resolution No. 4522 was $48,000. This Resolution will bring
that balance down to$35,380.
Recommendation:
Adopt the budget amending resolution as prepared.
Action:
Offer Resolution No. 4566 a resolution amending Resolution No. 4354 adopting the 1996 Budget and
move its adoption.
File name: H:\FORMS\AMENDBG.DOC
RESOLUTION 4566
A RESOLUTION AMENDING RESOLUTION 4354 ADOPTING THE 1996 BUDGET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF
SCOTT, MINNESOTA, that the 1996 General Fund budget is amended as follows;
Division Account Account Number Amount
Admin Capital Equipment 0121-4550 12,620 increase
Unallocated Contingency 0911-4490 12,620 decrease
Adopted in session of the City Council of the City of Shakopee, Minnesota, held
this day of , 1996.
Mayor of the City of Shakopee
ATTEST:
City Clerk
CITY OF SHAKOPEE /3.E. d,
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: League of Minnesota Cities Policies
DATE: November 14, 1996
INTRODUCTION:
The City Council is asked to adopt the 1997 Legislative Policies as proposed by the League of
Minnesota Cities (LMC).
BACKGROUND:
The City Council received copies of the proposed legislative policies for the 1997 legislative
session the week of November 6th. (If additional copies are needed,please contact my office.)
The LMC has committees, made up of elected and appointed officials, which consider and
recommend policies in the following general areas:
1. Municipal Revenue and Taxation
2. General Legislation
3. Housing and Economic Development
4. Metropolitan Governance, Structure, and Issues
5. Transportation
The LMC will have its Annual Legislative Policy Adoption meeting on Friday,November 22nd,
in Minnetonka. At that time,representatives of the cities in attendance will be asked to vote on
these policies so that the League staff knows which areas will need to be a priority for lobbying
efforts.
We recommend that the policies as proposed by the study committees of the LMC be adopted as
those of the City.
If there are individual policies with which the Council disagrees with as a whole,I would
encourage one of the Council members to attend the Policy Adoption Committee meeting,to
lobby to change that particular section. Many other cities will need to be in favor of a particular
position for any changes to be implemented from the draft proposals.
ACTION REQUIRED:
If the Council concurs with the draft policies, it should,by motion, endorse the proposed 1997
LMC Legislative Policies. \k
Mark McNeill
City Administrator
MM:tw
/3E.
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Long Term Employee Retirement Benefit
DATE: November 14, 1996
INTRODUCTION:
The Council is asked to consider whether it wishes to provide a retirement package in excess of
what is currently provided under City policy, to long term employees.
BACKGROUND:
Recently, two long term employees of the City (Don Bisek of the Police Department, and Harry
Pass of Public Works)both inquired as to whether the City could assist in offsetting some of the
costs of heath insurance after their contemplated retirements. Currently,monthly health
insurance premiums run$302.92 for two party participants.
The service tenure of Mr. Bisek and Mr. Pass are both 29 years. Each are contemplating
retirement at the end of 1996.
If there is a desire on the part of the City Council to acknowledge the loyalty of such long term
employees, it may wish to review what was done for two employees who, in 1991, were offered
an incentive for early retirement, in addition to their standard retirement benefits. At that time, a
formula was approved which provided for a lump sum payment of 1%for each of the first 15
years of service,plus an additional .2% for each year thereafter, up to a maximum additional
3%. In other words, if anemployee served for 30 years or more, he or she would receive a lump
sum in the amount of 18%of one year's salary.
PROPOSAL:
If the Council wishes to consider this, it would need to be done in such a manner that anyone
meeting those criteria would qualify(in addition to normal retirement benefits). Proposed
eligibility would be as follows:
1. The employee has worked for the City of Shakopee for at least 25 years.
2. Employee is eligible for a full or reduced pension upon retirement.
3. Employee shall be at least 55 years old on or before December 31, 1996, unless the
employee if a police officer, in which a minimum age shall be 50.
DISCUSSION:
For budgeting purposes, it would be ideal if the City would require employees anticipating
retirement during a particular calendar year to advise the City by the proceeding September 1st,
so that that could be built into the budget. However,that may not always be feasible.
While the original contact by the two employees was to ask for assistance with insurance
premiums, we would propose this as a lump sum payment to be utilized by the employee as they
see fit. We will investigate the IRS feasibility of placing this into a City held account to make
payments on behalf of the employee for the monthly insurance premiums as they come due.
Consideration of this also generated discussion about other long term employees who have
recently retired, but received no additional benefit. This proposal would be for those who have
not yet retired.
After discussion with the City Attorney, it is recommended that this be a benefit which may be
rescinded at any time, should the City Council decide that it is not in the best interest of the City
to continue to pay the supplementalretirement benefit.
BUDGET IMPACT:
Based on the 1996 salaries of the above individuals, the lump sum payments would be $8,060.90
for Mr. Bisek, and $6,725.76 for Mr. Pass.
Neither of these payments are budgeted. Payments if approved would cause the City to
overspend salary line items in the respective departments. At this time,we anticipate the General
Fund Budget should be able to absorb these items.
RECOMMENDATION:
The adoption of this policy may or may not affect an employee's decision for an early retirement.
However, it might be seen as a public benefit to recognize employees for long-term loyalty to the
City of Shakopee.
If that is the desire of the Council to recognize that,I recommend adoption of the attached
resolution. There will also be necessary a modification to the Personnel Policy regarding
retirement benefits.
ACTION REQUIRED:
If the Council wishes to adopt this as policy, it should take the following actions:
1. Approve the following: A RESOLUTION OF THE CITY OF SHAKOPEE,
MINNESOTA, APPROVING PAYMENT OF A SUPPLEMENTAL RETIREMENT
BENEFIT FOR LONG TERM EMPLOYEES.
2. Adopt a modification to the Personnel Handbook for Employees of the City of Shakopee.
Mark McNeill
City Administrator
MM:tw
cc: Gregg Voxland
RESOLUTION NO. 4562
A RESOLUTION OF THE CITY OF SHAKOPEE,
MINNESOTA APPROVING PAYMENT OF A
SUPPLEMENTAL RETIREMENT BENEFIT
FOR LONG TERM EMPLOYEES
WHEREAS,the City of Shakopee has a number of employees who have served the City
loyally for more then 25 years; and
WHEREAS,the City recognizes the desirability of rewarding such employees for their
devotion to service of the residents of the City of Shakopee; and
WHEREAS, one method of rewarding such employees would be to provide for a lump
sum supplemental retirement benefit in excess of other normal retirement benefits provided by
the City; and
WHEREAS, the City currently has funds available to allocated for such a purpose; and
WHEREAS, the City cannot guarantee money will always be available to fund the
supplemental retirement benefit.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, AS FOLLOWS:
1. Payment of a long term employee supplemental retirement benefit is approved:
2. An employee is eligible for long term retirement benefits if: (a)the employee has
worked for the City of Shakopee for at least 25 years; (b)the employee is eligible for a full or
reduced pension upon retirement; and(c)the employee shall be at least 55 years old on or before
the end of the calendar year in which retirement is contemplated,unless an employee is a police
officer, in which case the minimum age shall be 50.
3. Such a retiring employee would receive a lump sum payment equal to 1% of the
employee's salary for each of the first 15 years of service, plus an addition 0.2 % for each year
thereafter up to a maximum of 15 additional years.
4. The City Council reserves the right to rescind this resolution at any time if for any
reason, including but not limited to the fiscal needs of the City,the City Council decides that it is
not in the best interests of the City to continue paying the supplemental retirement benefit.
Passed in regular session of the City Council of the City of Shakopee, Minnesota,this
day of , 1996.
Mayor of the City of Shakopee
ATTEST:
City Clerk
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: Accepting Public Improvements for
South Parkview 2nd Addition
DATE: November 8, 1996
INTRODUCTION AND BACKGROUND:
The developer of South Parkview 2nd Addition entered into a
three party agreement providing a financial guarantee that the
public improvements for the subdivision would be completed. This
agreement (known as an escrow and payment agreement) requires that
the improvements be accepted by resolution of the city council
before any unused balance in the escrow account held by the bank
may be released.
The public improvements have been completed by the developer,
inspected by the engineering department and accepted. No
maintenance bond is required because the improvements were
completed over one year ago.
(Note: the standard escrow and payment agreement has since
has been amended so that the City Engineer may accept the
improvements. Any such agreements signed subsequent to the
amendment will not require that the city council adopt a resolution
accepting the public improvements. )
RECOMMENDED ACTION:
Offer Resolution No. 4565, A Resolution Accepting The Public
Improvements For South Parkview 2nd Addition, and move its
adoption.
((E91t
Jh S. Co , C'ty Clerk
h:\judy\accpubim.let
RESOLUTION NO. 4565
A RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS FOR
SOUTH PARKVIEW 2ND ADDITION
WHEREAS, on March 8, 1994, City Council adopted Resolution No. 3954,
approving the final plat of South Parkview 2nd Addition; and
WHEREAS, on June 9, 1994,the developer of South Parkview 2nd Addition and
the City of Shakopee entered into a Developers Agreement insuring the developers
construction of required public improvements; and
WHEREAS, on June 22, 1994,the developers of South Parkview 2nd Addition,
the City of Shakopee and The Family Bank fsb entered into an Escrow Payment
Agreement which provided for funds for construction of the required public
improvements; and
WHEREAS,the Escrow and Payment Agreement requires that the City accept the
completed improvements by resolution;and
WHEREAS,the public improvements have been constructed by the developer and
inspected and approved by the City Engineer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE,MINNESOTA,that the public improvements for South Parkview
2nd Addition are hereby accepted.
BE IT FURTHER RESOLVED,that the City Clerk is hereby authorized and
directed to release the said Escrow and Payment Agreement on file with the Scott County
Recorder.
Adopted in adjourned regular session of the City Council of the City of Shakopee,
Minnesota,held this day of , 1996.
Mayor of the City of Shakopee
ATTEST:
City Clerk