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04/07/1981
A 4-7,114,0 ' MEMO TO : Mayor and City Council FROM: John K. Anderson, City Administrator RE : Non-Agenda Informational Items DATE : April 2 , 1981 1 . Edward J. Siedow has been added to the Volunteer Fire Depart- ment as the 32nd fireman. 2 . The City received two inquiries in March from property owners regarding the responsibility for maintaining drainage along the abandoned Milwaukee Railroad R/W. After reviewing the situation with Bo and Jack, I asked Jack to give us a formal written opinion. Jack' s opinion is attached and clearly states that the City is not responsible for R/W maintanence for drainage , the owner is responsible . Please save your copy of Jack' s letter because you may receive questions about this from time to time . 3 . Attached is a letter from First National Bank indicating that they are interested in underwriting any IRB ' s we approve . 4. There has been a settlement in the Valley Fair suit. The settlement will be finalized after the Workman' s Comp . Board acts . The City' s insurance carrier will be paying $2500 for attorney expenses and thats the extent of our involvement in the settlement . 5 . The City has received three legal notices and all have been turned over to Rod Krass : 1 - We received a notice of a claim against the City for $106 ,363 . 18 for labor and material due Associated Mechan- ical Contractor Inc . for work on the Ice Arena. Rod stated that the notice is a legal step to protect their prerogative to sue in the future . The City is required to make no response at this point . We have started a file if you would like to review the notice . 2 - We received a summons from other defendents in the Wangerin, Inc . case . Rod explained that all the defendents will be filing "cross claims" like this including the City. We have started a file if you would like to review the summons . 3 - We received a summons from Walter L. Florian regarding the Conditional Use Permit the City approved for the Hospital parking lot in Block 45 (St . Marks Church property) . The hospital was also named as a defendent , and has tentatively agreed to use Rod too and would there- fore pay for 50 of Rod ' s expenses . We have started a file if you would like to review the summons . Non-Agenda Informational Items Page Two April 2 , 1981 6 . Attached is a letter from Mrs . Johannsen following up on Merlyn B . Herrgott ' s request of last month regarding the Opera House Saloon. It requires no further action and is included in the informational items at the writer ' s request . Also attached is a follow-up memo from LeRoy regarding the building occupancy load. 7 . John Leroux had asked about the number of sibsidized units in three apartment complexes , and I think most of you would find the results of our phone calls interesting : a . Shakopee East Apts - 122 units with 14 receiving Section 8 subsidies . b. Hillside Apts - no subsidized units , the owner had a bad experience and no longer participates . c . Clifton Apts - 56 units with all receiving Section 8 subsidies - 41% of the units have persons with regular , full-time jobs and a few work part-time or periodically. 8 . We are continuing to "hound" the railroad about cleaning-up their piles of iron , etc . They again said they expected it removed within three weeks ; however, the City cannot force them to remove it , according to LeRoy, because the railroad exists under special legislation . 9 . Jack has finalized everything regarding the Library property deeds and everything is now in order. 10. Walt asked that you see the attached application because he supported Dr. James Rehder for the position. 11 . On Monday, March 30, 1981 Don Steger and I observed the first application of Fabcon Lime Sludge on the MWCC 20 acre test site in Shakopee . Attached is a copy of the monitoring pro- ceedures which Al Frechette feels will be more than adequate . 12 . Attached is a copy of a letter from Matt Walton of the Minne- sota Geological Survey supporting Al Frechette ' s recommendation that 50' rather than 6 ' of cover be required over fractured rock covering aquifers in the PCA' s Temporary Sewage Sludge Disposal Rules . This is the key issue in determining if MWCC will be able to use the Scottland site , and we have lost every round to date . Council has already taken specific action sup- porting Al Frechette ' s recommendation, but I will keep you posted should there be new developments . 13 . Attached are the minutes of the March 11 , 1981 ICC meeting. The $200 contribution (paragraph 10) is in fact paying for part of the material to be included in the ICC tour and the $200 is budget money. Non-Agenda Informational Items Page Three April 2 , 1981 14. Attached are the minutes of the March 16 , 1981 Cable Committee meeting. 15 . Attached are the results of HUD' s March 18 , 1981 monitoring of our CDBG program. JKA/jms attachments Vill ,.. ,�. CITE SHAKOPEE kl \9 \'°:0': INCORPORATED 1870 I 4S3 ' ,. 129 E. First Ave. - Shakopee, Minnesota 55379 (612) 445-3650 JJP§KO tY March 23 , 1981 Mr. Virgil Mears 1813 East Shakopee Avenue Shakopee , MN 55379 Re : Drainage Problem Along Abandoned Railroad Dear Mr. Mears : Enclosed is a copy of the opinion I received from the City Attorney responding to my question about the City ' s responsi- bility for maintaining drainage along the abandoned railroad. Based upon his response , it appears that you should contact the Shakopee Farmington Association, the present owner of the aban- doned right-of-way , to solve your problem. If you have any questions about the City Attorney ' s letter please contact me . Sincerely, 1 f,�i� Zi/LL1 - 'ohn K. Anderson City Administrator JKA/jms enclosure cc : City Council City Engineer Milwaukee RR Abandonment File The Heart of Progress Valley An Equal Opportunity Employer JULIUS A.COLLER, Ti JULIUS A.COLLER ATTOENEY AT LAW 612-445-1244 1859-1940 2 1 1 WEST FIRST AVENUE SII_1KOPEE, MINNESOTA 55329 March 20, 1981 Mr. John K. Anderson, City Administrator Shakopee City Hall Shakopee, Minnesota 55379 Dear Mr. Anderson: You asked: What is the liability of the City for permitting the maintenance of old ditches and culverts that are inoperative and are located on and under the old Milwaukee railroad abandoned right-of-way northeast of Shakopee Avenue, because the City originally permitted the developers of the adjacent subdivi- sions to construct streets and storm sewers in such a way so that surface waters gathered by such streets and storm sewers eventually ran down onto the right-of-way and into the ditches. The background of the area briefly is that at the time the area was farmland or open land, the Hastings and Dakota Railroad in 1870-1 excavated the area, graded it and laid its tracks in the resulting depression. From that point on, it was a part of the Hastings and Dakota Railroad and later became a part of the Milwaukee Road. In that more than 100 year interval, the railroad constructed drainage ditches along its track and installed at least two culverts under the track and drained the water from the ditches off of the roadbed onto the land to the north of the right-of-way. Later, the City of Shakoee expanded and within the last 20 years, the area to the southwest of the right-of-way was developed and laid out with improved streets and provisions for surface drainage which followed the natural topographical drainage to the north and, by means of paved streets and storm sewers as well as- the old natural drain ways ultimately emptied into the railroad ditches. These ditches and culverts now have become clogged and are not functioning as they should with the result of ponding water along the right-of-way causing people in the area real concern. About a year ago the line through Shakopee was abandoned and the rails and other equipment were removed and the land has now been sold to private industry. Surface water is frequently a problem. The old common law rule that surface water is a common enemy, which each owner may get rid of as best he can, is in force in Minnesota, but he must do so so as not to unreasonably or unnecessarily injure the adjoining tracts. An owner of land has a right to cast his surface water onto the adjoining land but may not unreasonably burden it. A Minnesota Supreme Court has held that surface water belongs to the land on which the water happens to be at the time. In view of the foregoing, it appears that the developers and present land owners did what they lawfully could do. As long as the railroad company kept the ditches and culverts open, there was no problem. If the present owner does not prevent the accumulation of water from becoming a nuisance to the abutting land owners and occupants, they have every right to resort to the courts to abate the nuisance. Mr. John K. Anderson, City Adm. -2- March 20, 1981 Because the City approved the development and subsequent improvements would in no way, in my opinion, impose any liability on the City. What the developers did was permitted by law. What is authorized by law cannot be a public nuisance, placing responsibility for abatement on the City. The City, in my opinion, has no liability or obligation at this point. If further clarification or discussion is wanted on this, please contact me. Very_ truly--yours C JulL s ( Coller, II Shakopee City Attorney JAC/bpm 3 PHONE 612-445-6300 rs FIRST OF SHAKO EE SHAKOPEE, MINNESOTA 55379 MEMBER FEDERAL DEPOSIT CORPORATION tts March 23, 1981 s `�� � ' y Honorable Mayor Walter Harbeck 129 East First Avenue Shakopee, Minnesota 55379 Dear Mayor Harbeck: As we all know costs have been rising the past several years. The rise in cost has made it increasingly more difficult to provide the citizens and voters of our district the variety and quality of services they have experienced in the past. The American Bankers Association and the Dealer Bank Association are proposing legislation that will contribute to reducing the in— terest expense and thereby the cost to our taxpayers for services that would be financed by the sale of bonds. I hope that you will support the banks participation in underwriting municipal revenue bonds. Sincerely yours, .L. 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March 23, 1981 , I posted the building as per table 33A of the Uniform Building Code for a maximum load of 220 occupants: one person per 7 sq. ft. of dance floor area, and one person per 15 sq. ft. of the balance of the area less bar. I told them if they tore this sign down again, I would pull their license. LFH:plk 4 • 10 MINNESOTA OPEN APPOINTMENTS ACT APPLICATION FOR SERVICE ON STATE AGENCY Name of Agency- . . >Zh` iZ ' =2at.�. -, _ __ (enter on this line the name of the agency for which applicant seeks appointment;complete a separate application for each agency) � Name of applicant�4� _ /° aL� _l __'''' 1D — � -- -- Address of applicantk +V ' , _i/1arRS_",9d�-1�• 4514ti 5' .:1 j_ 33 7 (street) (city) (state) (zip) Phone: Home2 tr''� Work (incl dearea ode (include area code) Count Legislative district — Congressional district Minnesota Statutes 15.0597, state that the application shall include a "statement that the nominee satisfies any legally prescribed qualifica- tions and any other information the nominating person feels would be helpful to the appointing authority."(May include employment, community service,education) Via" 4) - cessz_�c14Y ®,� PieLL' „tgav, cfv,eittrE> 72 64 Vd__0.4,cr— JIM' /97 f, _4?r: r&L 'ie V ro Ate -- - J1 • � (may continue on back) I, the • Arsiwed hereb - + ti fy, to th• .est o j knowledge, all legally prescribed qualifications for the position sought. JA4/24a419 signature of applicant Date f If applicant is being nominated by another person or group, the above signature indicates consent to nomination. Is this application submitted by appointing authority? yes____no_ Is this application submitted at the suggestion of appointing authority? yes no—_. STATISTICAL IDENTIFICATION The following information is optional and is sought solely for the purpose of compiling the annual.report to the governor and legislature on the open appointments process which is required by Minnesota Statutes 15.0597, subd. 7. Sex Political Party Preference Race/National Origin _ Female American Party of Minnesota , American Indian or Alaska Native Male Democratic-Farmer-Labor Party _ Asian or Pacific Islander - Independent-Republican Party Black of Minnesota Hispanic _ - Other; _A Caucasian name of party _ Other; • _X_ None specify Your application will not be acknowledged, but you will be notified if the appointing authority wishes to interview you. In any event, your application will be kept for one year or until you are appointed, whichever comes first. RETURN TO: JOAN ANDERSON GROWE, SECRETARY OF STATE TELEPHONE: (612) 296-2805 Open Appointments Section Office Use Only 180 State Office Building St. Paul, MN. 55155 AA Res SC-00133-03 10/79 / Date i e,q,uest for Information for / ppoinenzs to the X,tropolitan Co nci1 GOVERNOR AL QJIE ID The purpose of this request is to provide more specific informatics for help in advising the Governor as to the qualifications of candidates for appointed positions . /42CHE 1-4/11E 411 -.31z6ylK//7,r/tutidiime/coirme Ple se return this request by January tc: Mary Jo Richardson, Office of "-' (i / . the Governor, 130 State tapinT --� ' St. Paul, Minnesota 55101 Name: je-i4 .-5.> r..• /7 .�...f-.- . -,�� , f/�i>, . Address 4/4 / ifSl Uf;,V��';�/�.G /9.71/17'"2-33 0444:: WS✓/44C. ;� , 5".5'37 Street � City State Zip Business Telephone: Home Telephone: 87* 2 7 7 1 1. What evidence can you give of having an understanding or knowledce of the issues under the jurisdiction of the Metropolitan Council? (e.g. , served on units of local government, other boards, committees, educational background, work experience) Fifty-six years experience observing and participating in the development of change and growth in Minnesota and metropolitan area. History of thirty-eight years as voter in St. Paul and suburban Ramsey County; Minneapolis , Edina and Bloomington in Hennepin County; and, currently Burnsville in Dakota County. Academic preparation: A. L.A. ( arts ) ; B.S. (chemistry) ; B.E.S. (physical sciences, biological sciences and health occupations; M.A. (biomedical science ,higher educational admininistration; Ph.D. (biochemistry) ; post-doctoral studies in public health and environmental affairs. Experience: Research physical and biomedical sciences; educator at post-secondary level physical, biomedical and clinical sciences; management heavy industry; management urban and suburban residential design and construction; consultant health and sanitation chemical product development; management health and sanitation products (involved hazardous chemo als and waste disposal problems ) ; experience environmental affairs within metropolitan area involving aesthetic affairs, solid waste, reforestation; heritage preservation, energy alternatives and citizen participation. - I offer diversified academic and experiential qualifications along with pragmatic skills and capabilities significant in dealing with interdisciplinary"-problems. 2. Describe an issue that you think the Metropolitan Council will be dealing with during your tenure of office and discuss briefly how you would face the issue. Solid waste management continues to be one of the foremost issues facing the Metropolitan Council. Comprehensive studies addressed to various aspects of the problem project an alarming increase in the rate of waste generation. The necessary corrective measures have not been implemented. Much of the delay has been attributed to the multifaceted and complex nature of a situation involving perpetuated generation of massive quantities of waste,managemrnt of which is inhibited by statutory and technological constraints . Albeit true I am confident that many of the deterring factors can be resolved or remedied and the status can be significantly impro- ved. Progress mandates providing stronger leadership and greater authority to the program. Additionally, there is a need for the introduction of new concepts and alternatives. Energy conversion and recycling facilities must not be delayed. Public education and active participation-must be promoted. Success in dealing with solid waste requires the simultaneous utilization of different technologies , concepts and professional skills conjugated in good plans and implemented with an expedient attitude. mETPOPOLITM -WAKE (Of1TROL COMMIIJi011 Twin C:;s Area r^'.r -k FL � F,1 i 7 �./ MA3\ 2 7 _ ..1 March 23, 1981 ``1TY OF SH K PEE Mr. James Warner Division of Solid Waste Minnesota Pollution Control Agency 1935 West County Road B-2 Roseville, Minnesota 55113 Dear Mr. Warner: As per our discussion earlier this day, we are proposing the following sampling and analysis procedure be used in evaluating the application of concrete dust slurry, generated at Fabcon, on our 20-acre test plot. 1 ) A composite sample shall be constructed using one grab sample from each load of slurry hauled to the site. The analysis of the composite sample shall be used to determine actual loading rates . 2) Composite soil samples shall be collected at depths of 0 to 6 inches and at 4 feet. Each composite shall consist of 10 grab samples collected on the site at the appropriate depth. 3) The sampling and analysis schedule is proposed as follows: Depth Sample Time 0 to 6 Inches 4 Feet Initial pH, B, salts pH, B, salts 1 week after incorporation pH -- 2 weeks after incorporation pH -- 3 weeks after incorpoiration pH -- 4 weeks after incorporation pH Last week of May pH, B, salts -- Last week of June pH -- 350 fnETRO/OURRE BLDG. 7TH 6 ROBERTITREET/ /RAT PAUL mn 55101 612 222.8423 • a 1 ) Mr. James Warner -2- March 23, 1981 Sample Time 0 to 6 Inches 4 Feet Last week of July pH -- Last week of August pH -- Last week of September pH, 8, salts pH, 6, salts We plan to stake out the 20-acre plot later this week and collect the initial soil samples. We hope it will be possible to initiate the application next week. Please advise as to the acceptability of the above monitoring plan. Yours truly, 6 .A6? Robert C. Polta R & D Manager RCP:ji cc: W. K. Johnson Claude Anderson Al Frechette, Scott County Richard C. Nash, Director of Production, Fabcon, Inc. ,Richard Anderson, Shakopee City Administrator RECE• IIED `L UNIVERSITY OF MINNESOTA Minnesota Geological Survey MAR 3 1981 %,,>'+, ' ' TWIN CITIES 1633 Eustis Street SHAKOPEE St. Paul, Minnesota 55108 �'a �� (612) 373-3372 March 27, 1981 Mr. Louis Breimhurst Executive Director Minnesota Pollution Control Agency 1935 W. Co. Rd. B-2 Roseville, Minnesota 55113 Dear Mr. Breimhurst: In his letter of March 23, Allen Frechette, Environmental Health Specialist for Scott County, referred to the fact that I strongly con- cur with the position he has taken on the proposed Temporary Sewage Sludge Disposal Rule. I wish to further emphasize and go on record with the Minnesota Geological Survey's support for the position taken by Mr. Frechette. We regard the proposed rule as essentially no rule at all when it comes to protecting bedrock aquifers. The modifications proposed by Mr. Frechette are entirely reasonable. Moreover the mini- mum conditions he suggests are readily obtainable throughout most of Minnesota including Scott County, and there can be no merit to the argument that the suggested modification would impose an unreasonable or impractical burden. On the contrary we can see no reason, given the surficial and near-surface geology characteristic of most of Minnesota, for inviting the high risk of ground-water contamination implied by the MPCA proposed rule. i.�4 :erely / /'if, / �' � � ,4 - ton Director MW:jp cc: Allen J. Frechette Tom Rees, Rep. Scott County John Malinka, Director, Science & Technology Project Edwin Ross, MDH Director, Ground Water Division Dr. Conrad Straub, Professor and Director, Dept. Environmental Health, Univ. of Minn. . John Anderson, City Adminstrator, Shakopee /3 MINUTES OF INDUSTRIAL/COMMERCIAL COMMISSION SHAKOPEE, MINNESOTA March 11 , 1981 Vice Chairman O'Neill called the meeting to order at 5:10 P.M. . Present were: Commissioners Woodward, O'Neill, Peterson, and Gary Eastlund, Advisor Commissioner Henderson arrived late. Absent: Furrie, Raduenz, B. Wermerskirchen, Liaison. City Administrator, John Anderson, was also in attendance. Peterson/Woodward moved to approve the minutes of the February 11 , 1981 meeting . Motion carried unanimously. Larry Martin, City Assessor, was present to discuss the Industrial Real Estate Tax Valuation. Discussion followed. Woodward/Peterson moved that a comparison study of buildings of narrative description in the Industrial Park be made showing a compilation of how their taxes were computed. Motion carried unanimously. A list of buildings in the Industrial Park was given to the City Assessor who will make the comparison study and present it at the next ICC meeting. Comm. Henderson arrived and replaced O'Neill as Chairman. A considerable amount of time was spent editing the List of Invitees to the Industrial Tour. A sample invitation for the Tour was displayed and reviewed. Six hundred invitations will be ordered. An RSVP card with an envelope will be included. In his report on insurance for the helicopter rides , Mr. Eastlund stated that the insurance coverage will be provided by the helicopter company. Mr. Eastlund reported that a tourism map is currently being prepared for the Chamber of Commerce. The C of C has offered the ICC five hundred of these maps for the tour folders . Approval was given to contribute $200. to the Chamber of Commerce toward the expense of the maps . Mr. Eastlund displayed folders designed for the ICC Tour. Cost would be $528.32 + $75.00 for 5oo folders . Pens for the packets would cost 58 cents each. After a discussion, it was decided not to buy the pens and folders. A folder to be given out by Scottland, Inc. will provide space for the ICC gift packet. Proposed Planning Application Fees were discussed. Peterson/Woodward made a recommendation stating that the Preliminary Platting Fee be $200.00 + $5/ lot minimum, $100.00 + $3/acre, whichever greater. Justification given: It tends to be an equalizer in platting large areas. Unanimous approval was given. l-3 Peterson/O'Neill made a recommendation to delete the "Over 1 Acre" amount for Rezoning fee and to charge $150. for any rezoning application. Justification given: It is not justifiable to charge an additional fee per acre. Unanimous approval was given. Woodward/O'Neill moved to adjourn the meeting at 8:00 P.M. . Motion carried unanimously. M. Henderson, Chairman 4 %y AD HOC CABLE COMMUNICATIONS COMMITTEE Shakopee , Minnesota Adjourned Regular Meeting March 16 , 1981 Vice Chairman Christensen called the meeting to order at 7 :11 p .m. in the City Council Chambers of City Hall , with Committee members present : Abeln, Davis , Gorman, and Kirchmeier . Chairman Gene Foudray was absent . Also present was Administrative Assistant Jeanne Andre . Kirchmeier/Davis moved to approve the minutes of March 2 and March 9 , 1981 as presented. Motion carried. Jeanne Andre commented that the City has received notice that the City of Prior Lake plans to establish a Cable Service Territory (CST) , and invites comments from surrounding municipalities . Kirchmeier/Gorman moved to recommend that the City Council have City Staff write a letter to the City of Prior Lake and the Minne- sota Cable Communications Board stating that the City of Shakopee has no objection to the establishment of a Cable Service Terri- tory (CST) consisting of the municipal boundaries of the City of Prior Lake . Roll Call : Ayes ; Abeln, Davis , Gorman, Kirchmeier Noes ; Christensen Motion carried . Eileen Christensen requested that the following be incorporated in the minutes . I voted no because I feel that Prior Lake should consider joining Shakopee ' s CST so that each community shall have an option if desired of allowing cable companies to bid on both communities and have a possibility of having a better package and perhaps a lower price to the subscriber . Neither City would be under an obligation to pick the same vendor but it would be a viable option . Gorman/Ablen moved to use the Invitation for Contract Services presented by Jeanne Andre to solicit proposals from potential consultants and attorneys and to request staff to present the responses received for further consideration by the Committee . Motion carried. The Committee decided to attend the April 7 , 1981 City Council meeting to inform the City Council of the progress the Ad Hoc Cable Communication Committee has made . Gorman/Abeln moved to adjourn to March 23 , 1981 , at 7 p .m. Motion carried. Meeting was adjourned at 9 :00 p .m . Eileen Christensen Mary Arlt Vice Chairman Recording Secretary l.� �1M1 O' • DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT i MINNEAPOLIS•ST.PAUL AREA OFFICE * ad #0 220•2ND STREET SOU1 H � MINNEAPOLIS,MINNESOTA 55401 "°)I4 If° REGION V March 31, 1981 IN REPLY REFER TO: as 1' I/ 5.6CS APR 2 1d81 Mr. John Anderson WY OF 4AKOPEE City Administrator 129 East First Avenue Shakopee, MN 55379 Dear Mr. Anderson: Subject: On-Site Monitoring Community Development Block Grant Program B-78-DS-27-0005 Shakopee, MN On March 18, 1981, Linda Henning of my staff visited your community to monitor your performance on the Community Development Block Grant (CDBG) programs iden- tified above. The four major areas of concern monitored were program progress, program benefit to low- and moderate-income persons, citizen participation, and implementation of the Housing Assistance Plan (HAP) . We are pleased to inform you that our final monitoring of your program has _ shown that your management system is operating efficiently. The approved pro- gram involving acquisition of properties with substandard structures , clearance of the structures and installation of public improvements in support of a Sec- tion 235 homeownership program has been carried out as described in the appli- cation. We commend the city of Shakopee for its management of a program that is unusually difficult to administer given the variety of funding resources and public and private interests that must be coordinated during implementation. Our specific comments in each of the four major areas of concern monitored are given below: Program Progress Approximately $620,000 or 97% of the approved grant of $638,000 has been drawn down on your Letter of Credit and expended for the purposes of the }grogram. The funds remaining in your Letter of Credit account will be used to pay the costs of the final audit report scheduled for issuance in April, miscellaneous administrative costs connected with grant closeout and, perhaps, some seeding and landscaping of land held by the HRA during construction of the remaining Section 235 units. As discussed with Jean Andre of your staff during the monitoring visit, all grant funds must be expended and the costs verified by our office's Community Development staff prior to May 31, 1981, in order to close out this program by our target date of June 30, 1981. `7 Page 2 The original application estimated that 12 Section 235 housing units would be developed as a result of your program. The current estimated number is 18. Of the 18 units planned, 9 are completed and occupied, 3 are under contract and covered by a Section 235 convertible commitment, and 6 are expected to be under contract by early summer. Program Benefit to Low- and Moderate-Income Persons Based on prior monitoring visits, numerous contacts with your staff during Section 235 processing and our review of specific application files during our March 30 visit, your program meets the requirements of Section 570.302 (d) (1) of our regulations. All nine households benefiting from the program thus far meet current Section 8 income limits. Citizen Participation Based on previous reviews of your citizen participation plan and actions and Linda Henning's interviews with three of the families occupying completed units, we have determined that your performance in this area is particularly commend- able. Interviews held with households benefiting from the program revealed their knowledge of program requirements and full satisfaction with the results of the program. Housing Assistance Plan Implementation New Construction of Rental Housing: Shakopee has made excellent progress in achieving the goals established in its Housing Assistance Plan. With two Section 8 projects completed (a 56-unit two and three bedroom family project and a 66-unit elderly project) Shakopee has met 94% of the 1978 elderly goal and exceeded the 1978 family goal by 31 units. Existing Rental Housing: As of November 30, 1980, 48 households have been served through the Section 8 Existing Program compared to a goal of 70 units. The Grantee Performance Report due in April will include a more recent update from the Scott County Housing and Redevelopment Authority on the households served. Rehabilitation Assistance for Homeowners: A goal of 50 units was originally established in your HAP; records available at the time of our monitoring visit indicate that 18 Minnesota Housing Finance Agency loans and grants have been awarded. Ms. Andre indicated that she would soon be requesting an update from both Scott County Housing and Redevelopment Authority and the local bank on the number of rehabilitation loans and grants that have been approved since November, 1980, so that the final Grantee Perfor- mance Report will accurately reflect all rehabilitation assistance provided during the life of the program. New Construction Assistance for Homeowners: The goal established in this category is 20 family units (4 small and 16 large) . Eighteen families are expected to be served through the Section 235 Homeownership _ I 1(7 Page 3 program in the 4th and Minnesota Street project, therefore, it is expected that you will achieve 90% of your goal once all units are occupied. Conclusions In summary, then, we are extremely pleased with Shakopee's management of the 1978 CDBG program. Ms. Andre is to be commended for her efforts to inform all prospective applicants of the availability of the program and for her development of a management system that facilitated the coordination of housing and community development resources. Sincerely, .61/i''''144"*" h Thomas T. Feeney Area Manager TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 7, 1981 Mayor Harbeck presiding. 1 ] Roll Call at 7 : 30 P.M. 2 ] Approval of Minutes of March 3 , 1981 and March 24, 1981 3] Communications : a] Alixa Schultz re : nation-wide conference in St . Peter August 9-16 b] City of Prior Lake re: Governor Quie ' s budget proposal 4] RECOGNITION BY THE CITY COUNCIL OF ANYONE PRESENT IN THE AUDIENCE WHO DESIRES TO SPEAK ON ANY ITEM NOT ON THE AGENDA 5 ] Old Business : a] Status Report on Senior Multipurpose Center b] Prior Lake Spring Lake Outlet Project - Joint Powers Agreement - informational only, for April 14th action c] Response from Hennepin County Park Reserve District re : Blue Lake and the Blue Heron colony d ] 1981 Sewer Fund Budget • e ] Holmes Street Financing f ] Appointment to Police Civil Service Commission 6 ] Planning Commission Recommendations : a] Revised Subdivision Ordinance 7 ] Routine Resolutions and Ordinances : a] Res . No . 1809, Authorizing The City To Execute and Approve Certain Documents for an Infiltration/Inflow Study b] Res . No. 1810, Supporting Increased Gas Tax and Adjustment of License Fees c ] Res . No. 1811 , Vacating Prairie Street Between 3rd and 4th Avenues d] Res . No . 1814, Setting Fees For City Licenses , Permits , Services and Documents 8 ] New Business : a] 8: 00 P.M. - S.T.H. 101 Trunk Watermain Extension b] 8: 30 P.M. - Application for Pool Table License - Sub-Machine Shop - 1350 East 1st Avenue c] Authorize partial payment .of $53, 836 . 14 to Brown & Cris , Inc . for work on the 80-10KT CR16/CR83 Watermain d] Authorize payment of the bills e ] Award Contracts and authorize purchases for remodeling of the Police Department f ] Approve procedure for fire service reimbursement for vehicle fires in lieu of impounding vehicles g] Proposed Manufactured Housing Legislation h] Proposed Legislation Regarding Wine in Grocery Stores and Establishing One Class of Beer i ] Policy/Guidelines for Tax Increment Financing (TIF) Projects - Review and set work session (April 14th) j ] 1980/1981 Budget Update k] Approval of right of way acquisition price for easement for VIP Sewer Interceptor from Gene Hauer TENTATIVE AGENDA April 7 , 1981 Page -2- 9] Consent Business : (Any item a Councilperson wishes to discuss may be removed by requesting such action before a vote on the consent agenda item. ) a] Approve transfer of $11 , 782 . 51 from the Revenue Sharing Fund to the General Fund b] Direct staff to send a letter to the City of Prior Lake and the Mn. Cable Communications Board re : CST proposed by Prior Lake c ] Approve abatement of the Code 45 assessment against parcel number 27-001-696-0 in the amount of $182 . 70 for payable 1981 d] Approve lease with Jack Brambilla for 1981 for off street parking and authorize proper officials to execute lease 10] Other Business : a] Proclaiming Volunteer Recognition Week b] Offer on abandoned railroad property South of the public works building c ] Appointments to the Central Business District Task Force d] e ] f] 11 ] Liaison Reports 12 ] Adjourn to Tuesday . . . John K. Anderson City Administrator • V TENTATIVE AGENDA SHAKOPEE HOUSING AND REDEVLOPMENT AUTHORITY Regular Session April 7 , 1981 Chairman Hullander presiding 1 . Roll call at 6 : 30 p.m. 2 . Approval of the minutes of March 3 , 1981 3 . Fourth and Minnesota Neighborhood Revitalization Project a . Approval of Relocation Claim of James Manders b. Project Status Report and Final Expenditures c . Selection of Contractor(s) to construct residential units (recommendation to be presented at meeting - Commissioner ' s are invited to review plans and specs at City Hall prior to meeting) 4. Authorize Payment of the Bills : a . Von Klug and Associates , Relocation Services $428 .40 : 4th and Minnesota Project - $37 .50 Elderly Highrise Project - $390. 90 b . J . G . Manders Trucking , relocation claim for 4th and Minnesota Project - $43 .20 5 . Other Business 6 . Adjourn Jeanne Andre Executive Director PROCEEDINGS OF THE SHAKOPEE HOUSING AND REDEVELOPMENT AUTHORITY Special Session Shakopee , Minnesota March 3 , 1981 Chrm. Hullander called the meeting to order at 6 : 30 p.m. with Comm. Colligan , Leroux, Lebens and Reinke present . Also present were Jeanne Andre , HRA Director and John K. Anderson, City Administrator. Lebens/Reinke moved to approve the minutes of October 21 , 1980, December 16 , 1980, January 6 , 1981 and February 3 , 1981 , as kept . Motion carried unanimously . The HRA Director reviewed previous discussions regarding development of additional lots in the Fourth and Minnesota Neighborhood Revita- lization Project . A discussion was held on delaying development of certain lots and the problem of maintenance of them. Lot 10, Block 2 and Lot 11 , Block 3 had been discussed as play areas . Comm. Leroux inquired about setting up standards or requirements for housing in this area , and how that could be done if 235 mortgage financing is discontinued . The HRA Director stated we would still need to serve the needs of low and moderate income people , as that was the purpose in acquiring the land . Comm. Leroux suggested the HRA research the eligible activities under the grant for the land. The HRA Director pointed out the difference between eligible and fundable activities in the Block Grant . Chrm. Hullander suggested the HRA direct the Director to look into the future development of Outlot A and Lots 3 , 4 and 5 of Block 3 and how we might be able to work out a program to identify our criteria if 235 mortgage financing is ended . Comm. Leroux expressed concern with tying ourselves in to develop- ment now without first finding out how the development will be financed (if there are no funds for 235) . Chrm. Hullander stated if we accept the recommendation for development , it will not tie us into develop- ment right now, but will allow staff to take the initiative to look into financing. The HRA Director stated she would try to get a con- vertible commitment , for 235 financing , if there is no 235 money, HUD will work with us on another appropriate program. Leroux/Lebens moved to include Lot 1 , Block 1 for development . Motion carried unanimously. Reinke/Lebens moved that the HRA provide 7 lots (Lot 1 , Block 1 ; Lot 11 , Block 2 ; and Lots 6 , 7 , 8 , 9 and 10, Block 3) for development now, and hold indefinitely Lots 3 , 4 and 5 , Block 3 from development . Motion carried unanimously . The HRA Director informed the members that she had a meeting of the task force formed for managing the space in the multipurpose center in the highrise , and the open house has tentatively been set for April 22 , 1981 . Reinke/Colligan moved to adjourn. Motion carried unanimously . Meeting adjourned at 7 :02 p.m. Jeanne Andre Diane Beuch Executive Director Recording Secretary 2 Jct MEMO TO : Members of the Shakopee Housing and Redevelopment Authority (HRA) FROM: Jeanne Andre , Executive Director RE : James Manders Relocation Claim DATE : March 10, 1981 Introduction One relocation claim remains outstanding for the Fourth and Minnesota Neighborhood Revitalization Project , 1978 Community Development Block Grant . A request for payment on this claim is herein addressed. Background and Recommendation The Shakopee HRA approved the initial relocation claim of James Manders on August 5 , 1980 in the amount of $925 .00. This amount included his expenses for searching for a new location and moving his possessions from his previous business location , 415 Minnesota Street in Shakopee . At the time the previous claim was approved , it was noted that Mr. Manders was still entitled to reimbursement for the installation of equivalent telephone service at his new location. As Mr. Manders was still negotiating a new business site , he was unable to secure telephone installation by the time of his initial claim. A telephone has now been installed at Mr. Mander ' s new location at a cost of $43 . 20. Von Klug and Associates has reviewed this claim and recommends payment . I concur with this recommendation. Requested Action The HRA approve the relocation claim of James Manders and authorize payment in the amount of $43 . 20. JA/jms 3h MEMO TO : Members of the Shakopee Housing and Redevelopment Authority FROM: Jeanne Andre , Executive Director RE : Status Report , 1978 Community Development Block Grant DATE : March 31 , 1981 Introduction The activities authorized under the 1978 Community Development Block Grant are nearing completion . This memo is an update of the current status of the project and those activities still remaining. Background The audit for the 1978 grant has been completed , indicating that $17 , 917 remains available for additional expenditures . A copy of the auditor ' s report is enclosed for your information . The balance still available for draw-down does not include remaining staff time for the project or the auditor fee estimated to be $2500 to 3000. Funds are available to undertake some tasks previously identified but not pursued because adequate funding for the total project was not assured . The local HUD office is anxious for all funds to be drawn down and the grant closed out in May , but will support eligible expenditures prior to that time . Therefore additional work to be undertaken should be done in a timely manner to allow completion of the grantee performance report and the final public hearing. Alternatives A number of worthwhile alternatives exist . All of these have been discussed previously but rejected for further action because funds were not expected to be available . 1 . Prepurchase sod and landscaping for lots scheduled for construc- tion in 1981 , with seeding of those areas to be held back from development at this time . 2 . Final grading work on lots on block 3 . Currently some lots suddenly drop-off 3-4 feet when they should be sloped gradually to the rear lot line shared with the Theis property . This work was not done previously as there was inadequate dirt available under the original project to complete this work. The City Engineer estimates this work can be completed with a contract for time and materials at a cost of less than $10,000. 3 . Install asphalt curbing on Outlot A adjacent to Market Street to guide water traveling north on Market Street to Fourth Avenue from diverting and creating a standing pool of water on Outlot A. Public Works has agreed to undertake this project . 4. Move smokehouse to Minnesota Valley Restoration Project . Pre- vious estimate of cost was $2000. Members of the Shakopee HRA Page Two3 March 31 , 1981 5 . Move utility poles located on Outlot A and Lot 3 , Block 3 . This work was previously estimated to cost $9225 . Recommendation I recommend that the above projects be undertaken in the order listed above , as funds permit . Funds available should permit items 1-3 to be completed , with item 4 a possibility and item 5 very unlikely . Requested Action Authorize staff to solicit proposals for sodding , landscaping, dirt and grading necessary in Macey Second Addition . Request the City Engineer and Public Works Director to undertake the provision of asphalt curbing on Market Street adjacent to Outlot A. If funds to move the smokehouse are unavailable , request the Department of Public Works to attempt the move , delivering the smokehouse to the Restoration Project if still intact and to the dump if it disinte- grates . JA/jms CITY OF SHAKOPEE SHAKOPEE, MINNESOTA REPORT ON EXAMINATION COMMUNITY DEVELOPMENT BLOCK GRANT NO. B-78DS-27-0005 JEROME JASPERS CERTIFIED PUBLIC ACCOUNTANT 206 SCOTT STREET SHAKOPEE,MINNESOTA 55379 3 G CITY OF SHAKOPEE SHAKOPEE, MINNESOTA REPORT ON EXAMINATION COMMUNITY DEVELOPMENT BLOCK GRANT NO. B-78DS-27-0005 CITY OF SHAKOPEE, MINNESOTA TABLE OF CONTENTS Page INTRODUCTORY SECTION Auditors ' Report 1 SECTION I Financial Section Balance Sheet 2 Statement of Revenues, Expenditures and Changes in Fund Balance 3 Notes to Financial Statements 4 SECTION II Schedules Schedule of Source and Status of Funds 5 Schedule of Program Costs 6 Comments on Compliance and Internal Control 7 3 JEROME JASPERS & COMPANY c- seri feoi 9--)u6/1c .7/ccoun/an/s 2O(S(:OT F STRF:FT 511 81111.RN(W ll11(AMER1('AN!NSW'11IE OF SIIAM)I'1.1.,MINNF.SOI A 55379 (1(1(IIFII I)I'UIII,It Al'('OUN IAN IS 'FEI.F:PIH)NF::(612)445.2817 _ Honorable Mayor, Members of The City Council City of Shakopee Shakopee, Minnesota 55379 We have examined the financial statements of the Community Development Block Grant Program, for the year ended December 31, 1980, listed in Section I of the foregoing Table of Contents . Our _ examination was made in accordance with generally accepted auditing standards and accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. In our opinion, the financial statements examined by us present fairly the financial position of the fund, and the results of its operations for the year then ended in conformity with generally accepted accounting principles applied on a basis consistent with that of the preceding year. The accompanying supplemental schedules listed in Section II of the foregoing Table of Contents, are not necessary for a fair presentation of the financial statements . The supplemental schedules listed in Section II have been subjected to the tests and other auditing procedures and provision of the Department of Housing and Urban Development' s Audit Guide and Standards for Community Develop- ment Block Grant Recipients and, in our opinion, present fairly the source and status of funds and program costs for the periods presented applicable to Program CDBG Grant Number B-78DS-270005 in conformity with the grant agreements and Federal Management Circular (FMC) 74-4. _ - Shakopee, Minnesota March 11, 1981 L s � L L L L L � SECTION I L L L L L L L L L L CITY OF SHAKOPEE Shakopee, Minnesota Community Development Block Grant Funds CBG No. B-78DS-27-0005 Balance Sheet December 31, 1980 ASSETS Cash $ 128 Due from other governments 25, 611 Total assets $ 25, 739 LIABILITIES AND FUND EQUITY Liabilities Accounts payable $ 44 Contracts payable 3,695 Loans from general fund 22, 000 Total liabilities 25, 739 Fund Equity Fund balance -0- Total liabilities and fund equity $ 25, 739 The accompanying notes are an integral part of these financial statements . - 2 - 3 ': CITY OF SHAKOPEE Shakopee, Minnesota Community Development Block Grant Funds CBDG No. B-78DS-27-0005 Statement of Revenues, Expenditures and Changes in Fund Balance For the Year Ended December 31, 1980 Revenues Federal grants $ 418,616 Rents 2, 158 420, 774 _ Expenditures Fourth and Minnesota Street 420, 774 Excess (deficiency) of revenue over expenditures -0- Fund balance, January 1, 1980 -0- Fund balance, December 31, 1980 $ -0- The accompanying notes are an integral part of these financial statements . - 3 - 3c- CITY OF SHAKOPEE Shakopee, Minnesota Notes to Financial Statements For the Year Ended December 31, 1980 1) Accounting Policies Basis of Accounting The City records only cash receipts and disbursements in its basic accounting records . For financial reporting purposes, the City prepares balance sheets and reports the results of operations on the modified accrual basis of accounting. The Community Development Block Grant Fund is maintained on the modified accrual basis of accounting. Under the modified accrued basis of accounting, trans- actions are recorded in the following manner : 1) Revenues are recognized at the time cash is , or normally should be received or when susceptible to accrual although not yet received in cash. 2) Expenditures are recognized when a liability is incurred. • - 4 - SECTION II CITY OF SH.AKOPF Shakopee, Minnesota Community Development Block Grant Funds CDBG No. B-78DS-27-0005 Schedule of Source and Status of Funds For the Period November 1 , 1978 to October 31, 1980 and November 1, 1978 to February 28, 1981 November 1,1978 November 1, 1978 to to October 31, 1980 February 28, 1981 Total program funds allocated to recipient $ 638, 000 $ 638, 000 Less : Total program funds drawn down by recipient 519,038 620, 083 Funds still available from HUD Program $ 118, 962 $ 17, 917 Total program funds drawn down by recipient $ 519,038 $ 620, 083 Miscellaneous income applicable to program Rents 3, 233 3, 233 Total program funds received 522, 271 623, 316 Less : Funds applied to program 614,925 619, 118 Total program funds due to recipient $ 92,654 Total program funds held by recipient $ 4, 198 - 5 - CITY OF SHAKOPEE Shakopee, Minnesota Cor nu .y Levelopment Block Grant Funds CDBG No. B-78DS-27-0005 Schedule of Program Costs For the Period November 1, 1978 to October 31, 1980 and November 1, 1978 to February 28, 1981 Expenditures Expenditures November 1, November 1 , 1978, to 1978, to Authorized October 31, February 28, Costs 1980 1981 Acquisition of Real Property $ 338, 000 $ 353, 657 $ 353 , 657 Public Facilities and Improvements Fourth and Minnesota Streets 51 ,000 70, 348 71, 889 Fourth and Minnesota Water and Sewer 74,000 121, 234 122,607 125, 000 191, 582 194,496 Clearance activities 30, 000 23 , 255 23 , 255 Relocation payments and assistance 125, 000 35,634 35, 634 Administration 20,000 10 , 797 12, 076 Total $ 638,000 $ 614, 925 $ 619, 118 Indirect costs were not allocated to the CDBG Program during the period under audit. - 6 - CITY O SHAKOPEE Shakopee, Minnesota COMMENTS ON COMPLIANCE AND Ii;TERNAL CONTROL We have examined the statement of source and status of funds and the statement of program cost applicable to the Community Development Grant of the City of Shakopee, Minnesota, for the periods presented and have issued our report thereon dated March 11, 1981 . As a part of our examination, we reviewed and tested the City ' s system of internal accounting control to the extent we considered necessary to evaluate the system as required by generally accepted auditing standards . Under these standards , the purpose of such evaluation is to establish a basis for reliance thereon in determing the nature, timing, and extent of other auditing procedures that are necessary for expressing an opinion on the financial statements . Additionally, our examination included procedures necessary in our judgement to determine compliance with regulations, policies, and procedures prescribed by HUD, insofar as such compliance review as necessary under the provisions set forth in Paragraph 31 of the HUD Audit Guide for Community Development Block Grant Recipients, dated May, 1976. The objective of internal accounting control is to provide reason- able, but not absolute, assurance as to the safeguarding of assets against loss from unauthorized use or disposition, and the reliability of financial records for preparing financial statements and maintaining accountability for assets . The concept of reasonable assurance recognizes that the cost of a system of internal accounting control should not exceed the benefits derived and also recognizes that the evaluation of these factors necessarily requires estimates and judgements by management. There are inherent limitations that should be recognized in considering the potential effectiveness of any system of internal accounting control. In the performance of most control procedures, errors can result from misunderstanding of instructions, mistakes of judgement, carelessness, or other personal factors . Control procedures whose effectiveness depends upon segregation of duties can be circumvented by collusion. Similarly, control procedures can be circumvented intentionally by management with respect either to the - execution and recording of transactions or with respect to the estimates and judgements required in the preparation of financial statements . Further, projection of any evaluation of internal accounting control to future periods is subject to the risk that the procedures may not be adequate because of changes in conditions, and that the degree of compliance with the procedures may deteriorate. - 7 - 3 - CITY OF SHAKOPEE Shakopee, Minn— ;;a Comments on Compliance and Internal Control - continued Based on our study and evaluation of the City' s system of internal accounting control and our review of its compliance with various statutes and regulations, as prescribed in Paragraph 31 of the HUD Audit Guide for Community Development Block Grant Recipients, the City has complied with HUD ' s statutory and regulatory requirements . - 8 - H1241 3 . MEMO TO : Members of the Shakopee Housing and Redevelopment Authority (HRA) FROM : Jeanne Andre , Executive Director RE : Selection of contractors for 1981 Construction of Residential Units - Fourth and Minnesota Neighborhood Revitalization Project DATE : April 6 , 1981 Introduction Enclosed herein is the staff recommendation regarding the selection of contractors for the 1981 construction of residential units in the Fourth and Minnesota Neighborhood Revitalization Project . Background Information Of the five proposals received , three builders appear to be most competitive . The single family proposals of Excel Builders and Joseph Miller Development Co . would produce units above the 235 sales price limit , as would one of the double units proposed by Pomije Custom Homes , if the building permit fee is not reduced and the suggested allowance of 7 points is maintained . Review of pro- posals also involves consideration of the needs and financial cap- ability of potential buyers now on the waiting list . (See Attachment A) The following are comments on the remaining proposals : 1 . Goodwin Builders has proposed the lowest cost double units , which are most within reach of identified prospective buyers . The units have the same plan as those previously constructed by this builder. Goodwin has produced quality buildings for the HRA in the past . Although this proposal does not have the best floor plan or the most square feet , it has been well received by previous buyers . The biggest drawback is the con- centration of five buildings of the same plan in one area. Although facades presented are different than those already in existance , it is evident that the buildings are similar . 2 . Pomije Custom Homes of Jordan has submitted plans for single and double units . The company is willing to build any or all of the units as selected by the HRA. a . Double units : One plan has been excluded as above the sales price limit . The alternate plan is relatively expensive for the square footage provided and considering that a single rather than double garage is provided . Due to these factors the double unit is not recommended . b. Single units : The single units proposed are a split entry plan and are competively priced . The price is especially good considering the square footage provided and the fact that extra features such as triple glaze windows , 200 amp Members of the Shakopee HRA 3 C/ Page Two April 6 , 1981 electrical service , and a clothes dryer vent and electrical connection are included . One unit includes an attached garage which is integral to the plan . However if the con- tractor is willing to negotiate , an alternate plan without a garage may also work on this lot at a lower sales price . The County Building Inspector has inspected the work of this company and feels it is comparable to that of other builders in the County . 3 . Johnson-McDonald Construction of Burnsville has submitted a pro- posal to build all units . This company would be reluctant to build only a portion of the total project . a . Double units : Two alternate plans for double units were presented . One is similar to Goodwin Builder ' s , (two- story, slab on grade with tuck-under garage) with a slightly better floor plan but less square feet and a higher price . the second plan is similar to the Miller double ( split entry with garage attached) but has less square feet and a slightly higher price than Miller ' s proposal . b. Single units : One split-entry plan is submitted for all single lots . The price is competitive although the square footage provided is slightly less than other proposals . The City of Burnsville Building Inspector has had no problems with the work of this company and considers the firm reputable . 4. Joseph Miller Development Company has submitted plans for single units which were above the sales price limit and for double units of the same (or a modification thereof) plan as the previous double unit constructed by this company in 1980. The price offered is slightly less than a similar plan offered by Johnson-McDonald , however the necessary downpayment is far beyond the means of current applicants to the Shakopee 235 Homeownership Program. The Company did build a quality home for the HRA in 1980 and is willing to build any or all units selected by the HRA. Recommendation Staff offers two alternative recommendations : 1 . Contract with Goodwin Builders to build two double buildings and Pomije Custom Homes to build two single family homes in the project , thereby splitting the project between two companies . 2 . Contract with Johnson-McDonald Construction to build all units , including two-double buildings and two single family homes . Double units constructed would be of the smaller alternative floor plan (#1 on spread-sheet) . Requested Action Selection by HRA of a first and a second choice of two alternatives presented. Authorization of staff to negotiate contracts with these builders and prepare contracts for HRA approval . JA/ jms Attachment A Characteristics of Families on Waiting List Shakopee 235 Homeownership Program Family Size & Composition Available Downpayment Mobile Home Owner 3 (2A, C-1 ) 1500 No 3 (2A, C-1 ) 1500 No 4 (2A, C-14 , 8) 1200 No 4 (2A, C-4 , 3) 5000 - 6000 Yes 2 ( 1A , C-4) 2000 - 3000 No 3 (2A, C-3) 2000 Yes 4 (2A, C-17 , ii ) 2500 Yes 3 (2A, C-1 ) 2000 No *5 (2A, C-3 , 2 , 1 ) 3000 No *5 (2A, C-4 , 2 , 1) 5000 No 4 (2A, C-3 , 1) 1500 No 4 (2A , C-2 , 1 ) 2000 No *5 (2A, C-3 , 2 , 1 ) 2000 No 6 (2A, C-5 , 3 , 1 , 1) 1750 No `Families with 5 or more members quality for 4 bedroom units A = Adult C = Child (C-1 = child 1 year old) j MEMO TO : Members of the Shakopee Housing and Redevelopment Authority FROM: Jeanne Andre , Executive Director RE : Selection of Contractors for 1981 Construction of Residential Units - Fourth and Minnesota Neighborhood Revitalization Project DATE : April 2 , 1981 Introduction Proposals have been solicited and received to construct residential units in the second phase of construction in the Fourth and Minnesota Neighborhood Revitalization Project . Background The HRA authorized solicitation of proposals for the second phase of residential construction in Macey Second Addition , including two double and three single family units (Lot 1 , Block 1 , Lot 11 , Block 2 , and Lots 6-10, Block 3) . Proposals from five builders have now been received and a spread sheet prepared which outlines significant factors of the proposals (enclosed) . Three builders submitted proposals to construct units on all lots . One builder submitted proposals only for the double units and one builder proposed only to construct the single family units . Although proposals were solicited and have been received for Lot 1 , Block 1 , HRA staff have been able to execute a purchase agreement between a buyer and Joseph Miller Development Co . under the proposal submitted in 1980 . As the price on that proposal was low and because a convertible commitment for 235 mortgage financing has been secured for that appraisal , it is advisable to follow through on the executed purchase agreement and drop Lot 1 , Block 1 from consideration in the new proposals submitted. The plans and specifications have yet to be reviewed by the City Building inspector. After that review, City staff will present at the meeting comments on the merits of the various proposals submitted . Commissioners will then be asked to authorize appropriate HRA offi- cials to execute contracts-for-deed that provide for the construction of homes on the designated lots . 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'2 7,,t:-, , 3,L, h 4/411b / Ll • REC MAR 2 3 19 81 / CRY OF SHAKOPEE / l A1101181 l „�, �, �, Dear Friends, ->A 1 —�y3',r. Y f , •' ',4s'+�',•' "Y` ' Saint Peter will be the home of a large-scale :`�� ,',''t' ''' .,;r <' " '` nation-wide conference this summer, August z :I �;' ,`�� R. 9-16, called The Gathering. The week-long r k, b��{ 1{ii-Ay conference will include anel discussions o en A ' � ? ` _ '` •. workshops, daily performances, concerts, and `�� a pageant/parade. You and your community are invited to participate in any way you can, and particularly in the opening pageant/parade t` Sunday, August 9th. -Itt -A -, A 'cA'r Ninety-seven towns along the Valley, four hundred �� i�� , �'` � ' `•, ; and fifty miles of river, are being contacted ;,. l / 'rill about this event, to work on and perform sections ,.�: +„ f�. \A! ..74',_ of the arade usin oetr and images p g p y, song tha t speak about their values and concerns. They Do you support the universal will be making large puppets and parade objects, human right to a name, a hand drawn floats, masks, kites, banners, and performing dances, poetry and songs. There are place, a story, a song? people and resources available to help you in your planning. Contact us at: Cherry Creek Theatre 406 South Third Street Saint Peter, MN 56082 We are hopeful that you will join us as we meet to celebrate the beauty, the poetry, and the history of the Minnesota River Valley. Sincerely, 406 South Third Street AI,Saint Peter, Minnesota 56082 A lixa Schultz 507-937 -1690 ,._ ...,. ,: ,a.._ If ::...„•,-,4,;''''' i'''',-) .,-JA 1 4-:.„,i:'`' *''' •-.Y1... - 14,,,,, „tit,...,,, - *.', ;' 7W-:; ' :•'''',- :N0,4 14 ..'.:ig-2'.---,',.. --s.---, --r4 . ':-..-.A,r.,_ ..,,„,,,,- Itio c:..i.,::: qk, 'it, '...i.,,., -,,,i,i';', it:, --: -4,,,,,,,,,..,:z.,1.-,',,,,,,,,4 -1,4 t‹.•.:. 6,,,--;,.. ....y.,. -'4'.4,4".„- • •,, -, '41',7.-. 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'' . .. ., j.;:,,,,,„;,-,3.-" 's,;."„''','N.3."...:".‘-,`.,:-.--.1,";*„:',.'-',.-''''''-- -',..'-..',' .,•...-,ii:-,- • ,-. ifilli / 0 3 ...,-, / AlAei141. 1981 i • '''1..—I'' ,� at,9,, ,.,"�t;03. ,�.. f- THE GATHERING will be a celebration of the beauty,the poetry and T ,y , i , the history of the Minnesota River Valley. Hosted by Cherry Creek :s •;� ` .,k *' ;< Theatre in Saint Peter, Minnesota, August 9 - 16, THE GATHERING - '� will draw attention to the assertion that the person, both individually f. �.;, � .1''. �' and in the context of community,has an unchanging right to: a name,a `' r -y* /T -fIt place,a story,a song. Yt iv., „., There are many ways for individuals and communities to participate in t. THE GATHERING, set in the framework of live performances and r. " ti community celebrations. Events will include: DAILY PERFORMANCES by theatre companies, dance comp- anies, orchestras, bands and choirs; art exhibits;performances by '1 -44-v' =, . ethnic and traditional dance and musical groups; puppet shows; ' , poetry readings;and The Minnesota River Valley Pageant. ' 1��', ,) �\ 1�'I 7 '� PANEL DISCUSSIONS with members of national theatre comp- ' ,_• s'a anies, art historians, humanists,sociologists,educators and artists. ,. �," +. �� ` \i..1'.. 44111' These will be open to public participation, to explore together the place of performance and celebration in the daily structure of society. Do you support the universal human ri ht to a name a OPEN WORKSHOPS held at special sites in St. Peter on Thursday, g August 14,featuring dance, movement and puppetry, place, a story, a song? SPECIAL EVENTS FOR CHILDREN each afternoon of THE GATHERING with performances, painting, story telling, parades and mask making. Participants in The Gathering Include: Louise Bruyn Dancer,Activist Severyn Bruyn Sociologist Christopher Crocker Anthropologist Margaret Croyden Theatre Historian,Critic,Journalist Deborah Downs-Miers Professor of Literature Carolyn Dry Architect Max Kaplan Sociologist of the Arts, Violinist Barbara Kaplan Musician, Educator George Lakey Sociologist, Activist Meridel LeSueur Poet, People's Historian Robert Litton Psychohistorian Thomas McGrath Poet 406 South Third Street Jennifer Merin Theatre Historian,Journalist Barbara Meyerhoff Cultural Anthropologist Saint Peter, Minnesota Douglas Paterson Sociologist, Performer Stanley Reid Professor of Marketing 56082 Alberto Rivera Linguistic Anthropologist I Jerry Rojo Designer Nea507-937 -1690 07-93 7 -1690 Yifi Schleuning Historian g Yifi Tuan Humanistic Geographer Hernan Vidal Linguist Norman Walbeck Political Scientist Participants in THE GATHERING: Theatre Companies At The Foot Of The Mountain Minneapolis, MN Boston Theater Group Boston, MA Climb, Inc. Minneapolis, MN The Dakota Theatre Caravan Sioux Falls, SD Heart Of The Beast Theater Minneapolis, MN The National Black Theatre New York, NY Otrabanda New Orleans, LA The Palace Theater Minneapolis, MN The Performers Ensemble Minneapolis, MN The Play Group Knoxville,TN Provisional Theatre Los Angeles,CA The Street Theatre White Plains, NY The Talking Band New York, NY El Teatro Campesino San Juan Bautista,CA El Teatro De La Esperanza Santa Barbara,CA A Traveling Jewish Theatre Los Angeles, CA Some of the ways in which to assist THE GATHERING staff, both in preparation for and during the event,and to participate are: Float building Woodworkers Mask making Light crews Make handmade instruments Typists,mimeographers Set construction,carpentry & welding Dancers Costume making Musicians,music teachers Making tapestries, banners & murals Bread makers Food Service River float building Kite building Office management Child care Information & news centers Drivers Roustabouts Traffic control Equestrians Facilitators Sculptors Hosts, hostesses Painters Composers Recycling center Poets A housing list is being prepared to include dorm facilities,camping facilities, hotels, motels, and other available housing space. Registration and reservations for housing will begin April 1st. For further information about The Gathering,contact: CHERRY CREEK THEATRE 406 South Third Street Saint Peter, Minnesota 56082 (507) 931-1690 or 931-3810 CITY OF PRIOR LAKE February 25, 1981 Mr. Walt Harbeck Mayor City of Shakopee 1305 W. 6th Avenue Shakopee, MN 55379 Dear Mayor Harbeck: Enclosed please find a copy of Resolution 81-2, opposing Governor Quie's budget proposal for 1982-1983 for local government aid. The Prior Lake City Council adopted this resolution at their February 23, 1981 meeting. If you have any comments, or have similar feelings, I suggest you forward them to the appropriate people also. Sincerely, 1,0(l . A. tct, Walter A. Stock Mayor City of Prior Lake WAS aw Enclosure (612) 447-4230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 55372 3 CITY OF PRIOR LAKE Resolution 81-2 A Resolution Opposing Governor Quie' s Budget Proposal for 1982-1983 for Local Government Aid Motion by: Bissonett Seconded by: Thorkelson WHEREAS, the proposed delay of the State Aid Payment schedule would impose serious cash flow problems by possibly precipitating borrowing to fund adequate working capital . WHEREAS, such borrowing will result in a direct cost increase due to interest expense incurred as well as affect the City's credit rating. WHEREAS, a potential loss of 7.5 million dollars statewide would seriously encroach upon municipal revenues that cities are dependent upon to support expenditures. WHEREAS, the existing 8% levy ceiling imposed by the State is already inade- quate to keep pace with inflation. WHEREAS, the freeze of local government aid funding would cause the cities revenue sources to further lag behind the double digit inflationary pressures upon its operating budgets. WHEREAS, the Governor's proposal will result in passing the buck by shifting responsibility of increased property tax burden from the state level to the local level . WHEREAS, the cities financial outlook would be seriously impaired by imple- menting the above measures, resulting in direct service cutbacks, deferment of capital expenditures and increase the property tax. WHEREAS, the City of Prior Lake would demand and advocate fair treatment from the legislature on an equal sharing basis with the State, County and School District. (612) 447.4230 4629 DAKOTA STREET S.E. P.O. BOX 359 PhIOR LAKE, MINNESOTA 55372 Resolution 81-2 Page 2 NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Prior Lake is strongly opposed to the DELAY and FREEZE of local government aid funding as proposed by Governor Quie. BE IT FURTHER RESOLVED THAT copies of this resolution be forwarded to the area Senator and Representative, Mayors of Scott County Municipalities, and the Scott County Commissioner, and the League of Minnesota Cities. Passed and adopted this 23rd day of February, 1981 . YES NO Stock X Stock Bissonett X Bissonett Busse X Busse Thorkelson X Thorkelson Watkins X Watkins Witness of my hand and official seal of Prior Lake, Minnesota this 24th day of February, 1981 . 2/1""(dV_444X Michael A. Mre, City Manger City of Prior Lake Seal 4/7/81 11011 5 : 00 P.M. Gary Laurent request for release from Minnesota Valley 4th Addition Developers Agreement . Action Requested : Authorize release of developers agreement for Minnesota Valley 4th Addition, upon payment of balance due for park dedication and upon execution of a contract setting forth sewer allocations (to be recorded) and authorize appropriate city officials to execute said documents . jc Jc. MEMO TO : John K. Anderson, City Administrator FROM: Jeanne Andre , Administrative Assistant RE : Status Report on Senior Multipurpose Center DATE: April 1 , 1981 Introduction The facility the City is leasing at 200 Levee Drive to provide a Senior Multipurpose Center is now completed and the Senior Center and Congregate Dining Programs are in operation . An update of concerns and requests related to the operation of the facility is herein provided. Background and Alternatives The following areas related to the Center have been under discus- sion and negotiation for the past few months : Parking : A Supplemental Agreement to the original lease (of December 1979) was approved by the City Council at its March 3 , 1981 meeting. This Supplemental Agreement reflected an oral agreement secured by Councilmen Hullander and Leroux and City Administrator Reeder in December of 1979 . However the oral agreement did not end up in the final lease document , so City staff sought to define this item in the Supplemental Agreement , which agreed to provide 10 spaces in the Red Arrow Municipal Park Lot for building residents and 5 spaces in the building lot for Center participants . In anticipation of this Agreement , the Police Department has been requested to avoid ticketing cars in the Red Arrow Lot until the agreement is in effect . However, the building owner , Mr . Bergstad, has now declined to execute the agreement and has expressed an interest in maintaining the current parking situation, even if ticketing of cars is to be instituted . Is the Council interested in pursuing the Supplemental Agreement or should the status quo on parking be maintained with resumption of ticketing? Center Security : The Center currently has four doors , one exterior to the kitchen (1) , one exterior (south entrance) to the Community Room (2) , one to the west used as a fire exit (3) , and one from the building foyer to the Community Room (4) . The City received a key to door 1 , door 2 had no key but opened with a panic bar which could be deactivated with a wrench from the interior , and door 4 is always accessible from the foyer side but is locked from the Community Room side . City staff requested that a lock and key system be instituted in door 2 for ease of operation and to allow the possibility of access for community participants without use Status Report on Senior Multipurpose Center Page Two April 1 , 1981 of the kitchen door . The management agreed to pay for this change if the City staff would arrange for the installation of the lock system. City staff also requested a change in the lock on door 4 to provide the possibility of locking the door to prevent access from the building foyer. The owner has declined this request on the grounds that the lease calls for non-exclusive use of the Community Area by the City and the building residents need access to the restrooms which are in the portion of the building leased by the City. The City Attorney has advised that some control of entry to the area is advisable in terms of the liability the City incurs through its lease of the facility. The Metropolitan Council Program for the Aging (administratioirof the grant for the kitchen equipment) has recommended that access to the room should be the same for building residents as it is for the community participants in order to avoid a perception of the facility as more for building residents than for the community at large . An Edina facility and a Minneapolis facility with similar private residential/public commu- nity room arrangements each are staffed full-time during the day, but lock the facility at 4:30 p.m. when staff depart . The Jordan facility is locked overnight , but unlocked and locked by the build- ing manager at 6 a.m. and 10 p.m. respectively. The Jordan City Manager demanded the building owner to provide security for a section of that community room used by the Senior Center for crafts and a $4000 gate was installed at the owners expense . This area is accessible only by the senior center organization. Is the Council willing to accept the status quo with 24 hour access from the building to the Community Room, or should staff continue to seek some restrictions to access? General Use of the Facility : The Lease Agreement designates the facility for use by Senior Citizens only . Although some discussion of use by other groups on a reservation basis has occurred, this activity would not be allowed under the lease agreement . Additional Equipment : City staff have received many requests for equipment to be used at the new Center, including the following : 1 . Cleaning staff have requested a vacuum cleaner and installation of a water softener . The building manager indicated the City could use the building vacuum cleaner for the Community Room, but this offer has now been recinded. Cleaning staff therefore must transport one vacuum cleaner between four City buildings , which is not an optimum solution for staff or equipment. The staff has also noted that installation of a water softener would probably decrease repair costs and lengthen the life of the kitchen equipment . However as the Center does not have a separate water system from the building as a whole this request would most appropriately be made to the building owner. Status Report on Senior Multipurpose Center Page Three April 1 , 1981 2 . The Senior Center staff have requested card tables and a speaker system (estimated to cost $150) . These items are available at the bank facility for Senior Center, but are difficult to trans- port back and forth between the two sites for the Center. 3 . The Congregate Dining staff has requested additional chrome shelving for the kitchen (estimated cost $120) , rinse agent to improve operation of the dishwasher, a telephone to take dining reservations ($66 for installation and approximately $11 monthly charge) , and four additional long tables . Councilman Colligan has temporarily borrowed four tables from the Fire Department , but these are scheduled to be returned the week of April 6, 1981 . A request for funds to buy tables has been submitted to the Rotary and is now under consideration. As has been previously reported the following contributions have already been received by the City and designated to purchase certain equipment : Shakopee Jaycee Women - $1000, Shakopee Lions Club - $200, and Philipp Funeral Home - $50. Does City Council desire acquisition of items besides routine main- tenance equipment for the Center to be undertaken only with donated funds , or should a list be maintained and presented to the City Council as part of the budgetary process? Should City staff develop a routine procedure to handle requests for items by Center users , or should the persons making the requests be encouraged to find alter- native sources of funds . Requested Council Action Provide staff direction on the following issues : 1 . Should staff pursue execution of the Supplemental Agreement (related to parking) or should the status quo on parking be maintained with resumption of ticketing in the Red Arrow lot? 2 . Should staff continue to seek some restrictions to access to the community room from the building foyer, or should the status quo be accepted with monitoring of any subsequent negative effects? 3 . How should requests for additional equipment at the Center be handled? Should staff forward requests for equipment to build- ing owner or service groups without Council involvement? Will requests be handled in the budget cycle , or should groups be encouraged to solicit funding for items from outside sources? Move to direct staff to forward on behalf of the City of Shakopee , a certificate of appreciation and commendation to the Shakopee Lions Club and Phillip Funeral Home for their contribution to the Shakopee Senior Multipurpose Center. JA/jms ?ay#bl BRYCE D. HUEMOELLER ATTORNEY AT LAW DR APR 1 1981 P.O. BOX 67 16228 MAIN AVENUE SOUTHEAST PRIOR LAKE, MINNESOTA 55372 CITY OF SHAKOPrF 1612)447-2131 PAUL H.THOMSEN ASSOCIATE April 1, 1981. Mr. John Anderson City Administrator City of Shakopee 129 East 1st Avenue Shakopee, Minnesota 55379 RE: Prior Lake-Spring Lake Watershed District - City of Shakopee (Lake Outlet Project - Joint Powers Agreement) Dear John: I enclose for your review a Preliminary Draft of a Joint Powers Agreement between the Watershed District, the City of Prior Lake and the City of Shakopee. The agreement is written in general terms and specific details relating to maintenance , and the like, can be added either by modification of the draft or by way of exhibit. Please advise us of the time when the draft will be discussed at the next council meeting. Call me if you have any questions or if you would like to discuss it prior to the council meeting. Sincerely yours , J5V-1U Bryce D. Huemoeller cc: Don Benson Bruce Paterson Mike McGuire BDH:`mg PRELIMINARY DRAFT JOINT POWERS AGREEMENT AGREEMENT, made and entered into by and between the CITY OF PRIOR LAKE, Minnesota, a municipal corporation, ( "PRIOR LAKE" ) ; the CITY OF SHAKOPEE, Minnesota, a municipal corporation , ( "SHAKOPEE" ) ; and the PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT, Prior Lake , Minnesota, a political subdivision of the State of Minnesota, ( "WATERSHED DISTRICT" ) . WHEREAS , the Watershed District is presently engaged in the implementation of a project , identified as the "Lake Outlet Project , Number WD 76-4" , ( "Outlet Project" ) , for the construction of an artificial outlet for Prior Lake for the purpose of draining excess flood waters from Prior Lake and transporting such waters to the Minnesota River; and WHEREAS , the plans and specifications for the Outlet Project require the improvement of cert-rain natural drainage courses and the construction of certain drnage channels within the municipal boundaries of Shakopee and more particularly described on Exhibit A, which is attached hereto and by reference made a part hereof ; and WHEREAS , the temporary and permanent easements specified by the plans and specifications for the construction of the foregoing drainage improvements can only be obtained from the affected prop- erty owners with the cooperation and assistance of Shakopee ; and WHEREAS , the drainage improvements and easement acquisitions contemplated by the Watershed District are of direct and immediate benefit to Shakopee because (a ) the drainage channel improvements are in conformance with Shakopee ' s overall drainage plan in the area of the Outlet Project ' s drainage route , (b) the easements to be acquired can also be used by Shakopee for public utility and right-of-way purposes , and ( c ) the channel improvements may reroute local runoff into Dean Lake and thereby supplement and increase the level of the lake ; and WHEREAS , Shakopee desires to assist the Watershed District acquire the easements necessary for the construction of the drainage 9 channel improvements specified in the Outlet Project plans 'and specifications , upon the conditions hereinafter set forth; and WHEREAS , the implementation of the Outlet Project is of direct and immediate benefit to Prior Lake because the improvements contem- plated by the Outlet Project are designed to reduce the impact of flooding on Prior Lake insofar as it affects the owners of property along the shore and within the established flood plain; and as it affects the capability of Prior Lake to provide essential municipal services during times of flooding; and WHEREAS , Prior Lake desires to be made a party to this Agree- ment to enable it to participate in decisions affecting the use and management of the Lake Outlet ; and WHEREAS , the parties hereto desire to enter into a joint powers agreement pursuant to Minn. Stat. Sec . 471 . 51 , ( 1949 , as amended) , upon the terms and conditions hereinafter specified; and WHEREAS , the Watershed District has authority under Minn. Stat . Sec . 112 .43 , Subd. 1 ( 2 ( 1955 , as amended) , to contract with other public corporations to effectuate the purposes of the Act ; and WHEREAS , Prior Lake and Shakopee have authority to engage in joint powers agreements for utility and drainage purposes pur- suant to Minn. Stat. Sec . 412. , ( 19 , as amended) . NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained , it is agreed by and between the parties hereto as follows : ARTICLE I STATEMENT OF PURPOSE Section 1 .01 . General Purpose . The general purpose of this Agreement is to provide a format whereby the Watershed District can construct and operate an artificial outlet to Prior Lake that can be used to drain flood waters from Prior Lake and transport them to the Minnesota River. The construction of the Lake Outlet requires the acquisition of right-of-way in Prior Lake and Shakopee. Thereafter , the Watershed District must construct improvements to the drainage channel along the entire system. The porti -9- the drainage channel located in Shakopee is within an area which has been identified by Shakopee as needing drainage capacity in the future substantially in excess of the levels projected by the Watershed District as being required for safe and efficient oper- ation of the Lake Outlet . It is the intention of the parties to this Agreement to establish a legally binding procedure for acquir- ing the necessary right-of-way in Shakopee and to set forth condi- tions that must be fulfilled to construct the necessary channel improvements . The Agreement shall specify the procedures and respon- sibilities for maintenance of the channel improvements and the conditions that must be fulfilled prior to actually draining flood waters from Prior Lake. The Agreement shall specify the respon- sibilities of the parties with respect to maintenance of the drain- age channel and the additional uses that may be made of the drain- age channel by Shakopee . ARTICLE II ACQUISITION OF DRAIN GE CHANNEL EASEMENTS Section 2 .01 . Acquisition of Channel Right-of-Way. The Watershed District is authorized to negotiate for and acquire suitable right-of-way within the municipal boundaries of Shakopee for the construction of the Lake Outlet . In conducting the acqui- sition negotiations , the Watershed District shall comply in all respects with Shakopee Resolution No . 1643 , entitled "A Resolution Adopting a Policy for the City of Shakopee Concerning the Condemnation of Easements and Land Needed for the Installation of Public Improve- ments" . To the extent possible within the budgeting limitations established by the Watershed District for the Lake Outlet , the Watershed District shall endeavor to align the outlet channel through its acquisition of right-of-way to locations satisfactory to the affected landowners . In any event , however, the determin- ation of the Watershed District on matters relating to the align- ment of the channel shall be conclusive of the parties to this Agreement . Section 2 .02 . Assistance by Shakopee . In the event that it becomes necessary in the opinion of the Watershed Distrix -3- acquire the required right-of-way by means of eminent domain proceed- ings , Shakopee shall cooperate with and assist the Watershed District in pursuing condemnation. In such event , all legal proceedings shall be brought in the name of the Watershed District by the Shakopee City Attorney. The final decisions regarding settlement and the prosecution of the condemnation proceedings shall be made by the Watershed District . Section 2 . 03 . Right-of-Way Acquisition Cost . All cost or expense necessary and incidental to the acquisition of drainage channel right-of-way shall be the responsibility of and borne by the Watershed District . The costs for which the Watershed District shall have direct and exclusive responsibility shall include without limitation all costs related to the acquisition of right-of-way, legal fees , court costs , appraisal fees , survey fees , abstracting fees , and recording fees . The Watershed District agrees to hold Shakopee harmless from any and all liability for all cost and expense relating to the acquisition of drainage channel right-of-way. ARTICLE III CONSTRUCTION OF LAKE OUTLET Section 3 .01 . Obligation of Watershed District . The construc- tion of the Lake Outlet including without limitation the construc- tion of all channel improvements appurtenant thereto shall be the sole and exclusive responsibility of the Watershed District . The Watershed District shall obtain prior to commencing of construc- tion, all permits and approvals required by any governmental unit having jurisdiction over the proposed Lake Outlet improvements including without limitation permits from Shakopee , the Lower Minnesota Watershed District , the Minnesota Water Resources Board, the Department of Natural Resources , the Environmental Quality Council and the Metropolitan Council . Section 3 .02 . Plan and Specification for the Lake Outlet Improvements . The Watershed District shall design the Lake Outlet improvements to conform with the generally acceptable engineering specifications . The Watershed District shall furnish Shakopee with complete copies of the plans and specifications for tt,. -4- Outlet improvements certified to by the Watershed District' s engineer. The plans and specifications shall be approved by Shakopee prior to the commencement of construction of the improvements by the Watershed District . The Watershed District ' s determination on question of design shall be conclusive as to the parties to this Agreement . Section 3 .03 . Payment of Lake Outlet Construction Costs . All costs or expenses incurred to construct the Lake Outlet improve- ments shall be the responsibility of and borne by the Watershed District . The costs to be paid by the Watershed District shall include without limitation all direct construction costs , engineering fees, legal fees , administration expense and permit application fees . The Watershed District shall indemnify and hold Shakopee harmless from any liability for any cost or expense incurred in constructing the Lake Outlet improvements . ARTICLE IV OPERATION LAKE OUTLET Section 4.01 . General . At no time shall the Watershed District release water from Prior Lake when the influx of such water into Shakopee would jeopardize the health and safety of the citizens of Shakopee . At such times the release of water from Prior Lake shall be delayed until such time as the influx of flood waters from Prior Lake into Shakopee will minimize to the fullest extent possible any danger to the health and safety of the citizens of Shakopee . Section 4.02 . Notice to Shakopee of Intent to Open Outlet Gate. Prior to the opening of the main gate to the Lake Outlet and the release of flood waters , the Watershed District shall endeavor to give Shakopee no less than 24 hours advance notice . Section 4.03 . Inspection of Drainage Channel . Prior to the discharge of flood waters and after discharge has been completed, the Watershed District shall inspect the drainage channel to insure that it is in good operational condition. The Watershed District shall perform all repairs necessary to insure the free flow of water through the channel . Following discharge , the Water -5- District shall inspect the channel and repair any damage resulting therefrom. Section 4.04. Operation of Dean' s Lake Gate . At all times when the Watershed District is releasing water from Prior Lake, the gate installed in the drainage channel to the southeast of . Dean' s Lake shall be positioned so that the excess water does not flow through Dean' s Lake. The Watershed District agrees to comply with reasonable requests to route the excess water from Prior Lake made by Shakopee. Such requests shall be made in writing and Shakopee shall further indemnify and hold the Watershed District harmless from any and all liability for damage to adjoining prop- erties resulting from the request . Section 4.05 . Additional Operation Conditions Imposed Upon the Watershed District . The Outlet will be operated in accordance with the terms and conditions of the permit issued by the Minnesota Department of Natural Resources . A copy of the permit is attached hereto as Exhibit B, and by reference made a part hereof . In no event will the Watershed District discharge excess water below the level of 902 . 5 feet above mean sea level . The gate on the outlet structure shall be maintained in a closed position. No discharge will be allowed following heavy rainfall or during the spring thaw until downstream conditions permit such overflow. Runoff from the Pike Lake , Dean ' s Lake and Minnesota River districts shall be allowed to be routed to the river before discharging from Prior Lake so that the downstream ponds , lakes , culverts and the outlet swale has sufficient capacity to safely carry the overflow from Prior Lake. The Watershed District shall observe and adjust discharge rates at the outlet structure to insure that design flows are not exceeded. Daily inspection of the outlet structure and all downstream condition shall be made by the Watershed District during times when the discharge exceeds 20 cubic feet per second and following periods of heavy runoff in the downstream drainage districts . -C- ARTICLE V USES OF DRAINAGE CHANNEL Section 5 .01 . Permitted Uses by Watershed District . The Watershed District shall use the defined drainage channel for the purpose of draining excess flood waters from Prior Lake and for no other purposes . Section 5 .02 . Permitted Uses by Shakopee . Shakopee reserves the right to use the drainage easements obtained by the Watershed District in connection with the overall drainage plan as it is from time to time developed by Shakopee. In the event that the proposed Shakopee drainage use will result in or cause the need, for expansion of the design capacity for the drainage channel , Shakopee shall make or install all improvements necessary to increase the capacity of the drainage channel to handle the increased flow. Any such improvements shall be made at the sole cost or expense of Shakopee and Prior Lake , and the Watershed District shall be indemnified and held harmless -om any and all liability therefor. Section 5 .03 . Additional Authorized Shakopee Uses . Shakopee may use the drainage channel easements for the installation, operation and maintenance of public services and utilities to include without limitation public streets , sanitary sewer, water, storm sewer, electrical and natural gas . In no event shall such uses interfere or otherwise restrict the drainage function of the channel . All cost or expense to install , operate and maintain such utilities and any damage to the channel resulting from such installation, operation and maintenance shall be borne by Shakopee and both Prior Lake and the Watershed District shall be indemnified and held harmless from any liability therefor. ARTICLE VI MAINTENANCE OF DRAINAGE CHANNEL Section 6 .01 . Obligation of Watershed District . (a) Prior to the time that Shakopee modifies the drainage channel in connection with its drainage plan or in connection with the installation of public utilities , the Watershed District shall have the following -7- maintenance responsibilities : ( i ) For a period of three ( 3 ) years following comple- tion of the improvements made to the channel as part of the initial construction of the Lake Outlet , the Watershed District shall have the sole and exclusive obligation to stabilize the channel bank• and restore any damage to the channel or adjoining property resulting from the initial construction work. ( ii ) During the foregoing three ( 3 ) year period , the Watershed District shall inspect the channel before and after dis- charging from Prior Lake and shall repair and impediment to such discharge before and restore any damage caused to the channel by such discharge thereafter. The post discharge inspection shall be made as soon as possible after the discharge has been stopped. Any restoration work shall be completed on a time frame consistent with the conditions prevailing at the time , but in no event shall the time exceed one ( 1 ) year from the date that the discharge was stopped . (b) After the time that Shakopee begins to use the drainage channel as part of its overall drainage plan, the Watershed District ' s maintenance obligation shall be reduced to that portion of the channel lying southerly of Pike Lake. Section 6 .02 . Obligation of Shakopee . ( a ) Prior to the time that Shakopee modifies the drainage channel in connection with the implementation of its drainage plan or in connection with the installation of public utilities , Shakopee shall have no obli- gation to maintain the drainage channel . (b) Thereafter, Shakopee shall provide all maintenance for that portion of the drainage channel lying northerly of Pike Lake. ARTICLE VII INDEMNIFICATION Section 7.01 . Indemnification of Shakopee by the Watershed District. The Watershed District shall indemnify and hold Shakopee harmless from any and all liability, cost or expense, including without limitation reasonable attorney' s fees and court costs, -8- e' arising out of or in connection with the improvement , use and maintenance of the drainage channel by the Watershed District . Section 7 .02 . Indemnification of the Watershed District by Shakopee . Shakopee shall indemnify and hold the Watershed District harmless from any and all liability, cost or expense , including without limitation reasonable attorney' s fees and court costs , arising out of or in connection with the improvement , use and maintenance of the drainage channel by Shakopee . Section 7 .03 . Insurance and Evidence Thereof . Each of the parties to this Agreement shall provide on the demand of the other, evidence that the risks covered by this Article are insured through an insurance company licensed to do business in the State of Minnesota by a policy or policies having minimum per occurrence limits of One Million Dollars ( $1 ,000,000. 00) . ARTICLE VIII RESOLUTIONS OF DISPUTES Section 8 .01 . Policy for 2esolving Disputes . The parties to this Agreement acknowledge that if disputes do arise over the the construction of this Agreement , or over the rights and obliga- tions of the parties hereto, such disputes will , in all likeli- hood , affect substantial rights with respect to the health and safety of the persons and property of the citizens residing within their respective jurisdictions and will further arise under the time frames that do not allow for extended investigation of or negotiations regarding the relative merits of the respective posi- tion to the dispute . Therefore , the following procedure for resolv- ing disputes has been implemented to give each party to this Agree- ment the opportunity to present , to the fullest extent possible , the essence of their position to a qualified arbitrator and yet at the same time receive a knowledgeable decision, from a person having sufficient technical experience and expertise , within the shortest possible time. Section 8 .02. Procedure for Resolving Disputes . All disputes arising out of or in connection with this Agreement shall be resolved by arbitration in accordance with Minn. Stat . Sec . 572 . 08 , e -9- ( 1957, as amended) , the Minnesota Uniform Arbitration Act, and the following conditions : (a) The dispute shall be heard by a board consisting of three ( 3 ) arbitrators . The Watershed District and Prior Lake shall appoint one ( 1 ) member to the board. Shakopee shall appoint one ( 1 ) member to the board. The third board member shall be appointed by the members previously appointed by the parties . (b) The election to arbitrate a dispute shall be made in writing, duly served upon all of the other parties in the manner provided herein for notices . (c ) The hearing before the arbitrators shall be held within seventy-two ( 72 ) hours after service of the election to arbitrate , unless otherwise agreed in writing by each of the parties . (d) The decision of the arbitrators shall be rendered not later than one hundred twenty ( 120) hours after service of the election to arbitrate , unless otherwise agreed in writing by each of the parties . Section 8 .03 . Enforcement of Award. The award of the arbi- trators shall be enforceable by any district judge of the First Judicial District of the State of Minnesota. ARTICLE IX AMENDMENT Section 9 .01 . Amendment. Any amendment to this Agreement shall be in writing and duly executed by each of the parties . Any amendment shall be effective from and after the date that it is recorded in the Office of the Scott County Recorder. ARTICLE X TERMINATION Section 10. 01 . Perpetual . The duration of this Agreement shall be perpetual , or until otherwise expressly rescinded or termi- nated by the parties . Any such agreement of rescission or termi- nation shall be recorded in the Office of the Scott County Recorder. -10- ARTICLE XI DISTRIBUTION OF PROPERTY Section 11 .01 . Distribution of Property Generally . In the event of the rescission or termination of this Agreement, all prop- erty or surplus monies acquired as a result of the joint exercise of powers provided for herein shall be returned to the contributing party in proportion to the contribution provided for by the respec- tive party. Section 11 .02 . Title to Easements Upon Termination. Upon termination of this Agreement , the Watershed District shall convey to Shakopee , all of its right , title and interest in the drainage channel . In exchange therefor, Shakopee shall pay to the Watershed District an amount equal to the costs actually incurred by the Watershed District in acquiring and initially improving that portion of the drainage channel lying within the municipal boundaries of Shakopee . ARTI( E XII MISCELLANEOUS Section 12 .01 . Notices . Any notice required to be given or submitted under this Agreement shall be duly given if delivered personally or if mailed, by certified or registered mail , postage prepaid, addressed to the parties at their respective addresses specified below, or to such other address with respect to any party as such party shall notify the others in writing. If to Prior Lake : If to Shakopee : If to the Watershed District : -11- Section 12.02 . Successors and Assigns . This Agreement shall be binding upon and inure to the benefit of the legal successors and assigns of the parties . Section 12.03 . Construction. This Agreement shall be construed in accordance with the laws of the State of Minnesota . Section 12 . 04. Definitions . The terms defined in this Section 12 . 04 (except as may be otherwise expressly provided in this Agreement or when the context otherwise requires ) shall , for all purposes of this Agreement , have the following respective meanings : (a) (b) ( c ) (d) IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day of , 1981 . CITY OF PRIOR LAKE BY ITS AND ITS CITY OF SHAKOPEE BY ITS AND ITS PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT BY AND ITS -12- Ye' STATE OF MINNESOTA) ) ss . COUNTY OF SCOTT ) On this day of , 1981 , the foregoing Joint Powers Agreement was acknowledged before me by and , the and respectively, of the City of Prior Lake , a municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA) ) ss . COUNTY OF SCOTT ) On this day of , 1981 , the foregoing Joint Powers Agreement was acknowledged before me by and , the and respectively, of the City of Shakopee , a municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA) ) ss . COUNTY OF SCOTT ) On this day of , 1981 , the foregoing Joint Powers Agreement was acknowledged before me by and , the and • , respectively, of the Prior Lake-Spring Lake Watershed District , a political subdivision of the State of Minnesota, on behalf of said district . Notary Public -13- HENNEPIN COUNTY PARK RESERVE DISTRICT P.O.BOX 296 • MAPLE PLAIN,MINNESOTA 55359 • TELEPHONE 473-4693 March 31 , 1981 E BOARD APR 1 19 81 OF COMMISSIONERS Mr. John K. Anderson, City Admin Administrator JUDITH S.ANDERSON C i ty of ShakopeeSH CHAIRMAN 129 East First Avenue CITY OF AKOPEE BLOOMINGTON Shakopee, MN 55379 JUNE HEGSTROM VICE CHAIRMAN Dear Mr. Anderson: MINNEAPOLIS I made an inspection tour of Wilkie Regional Park on 30 March WILLIAM BARBEAU ST.LOUIS PARK 1981 . I found the following: SHIRLEY A.BONINE 1) Blue Lake is virtually dry despite pumping d i s- MAPLEPLAIN charge from Shiely. The beaver dam that had AMELIA M.DeMUSE retained water washed out. MINNEAPOLIS 2) Fisher Lake is full of water. Beaver have WILLIAM E.GENTRY NEW HOPE built a dam across the east outflow, and a small dam is located between Blue and Fisher ALANK.GREENE Lakes. The water level in Fisher is good now, MOUND but it may dry out as the springs that feed it CHARLES R.PIHL are affected by Sh i e l y's pumping. ORONO DONALD C.RINGHAM 3) The outflow to Blue Lake is approximately 20 MINNEAPOLIS feet wide at water level and almost 40 feet wide at the flood plain grade. Even a temporary water RAYMONDN.SEAGREN control structure would be a major undertaking. MINNEAPOLIS ANNE-MARIE SOLENSKY 4) Great Blue Herons have returned to the Blue Lake MINNEAPOLIS colony. Any construction now would disturb them. The District is interested in restoring the former water level of CLIFTONE.FRENCH Blue Lake. Based on my observations and the uncertainty of future owner- SUPERINTENDENT ship of Wilkie outlined by Greg Mack, it is my recommendation that we wait until August before deciding whether or not to proceed with a tem- porary control structure. By delaying our decision , we will accomplish several things : 1) The Herons will be done nesting in July. 2) There is a good chance beaver will move back into Blue Lake from Fisher and build a new dam to restore the water level in Blue Lake. Y7 Mr. John K. Anderson, City Administrator City of Shakopee Page 2 March 31 , 1981 3) By August, the District will have a better idea of the future disposi tion of Wilkie and the time frame for installing a permanent structure. If a permanent structure can not be installed in 1982, and if beaver do not reoccupy the site, then a temporary wooden structure should be installed in late August so the lake can be reflooded for the fall migration . Si ncerely, X - 1 , , F Laurence N. Gi 1 lette Wildlife Manager LNG/ab RFT,. I 1::[. 271981 Hennepin County Park Reserve Distri �y PEE 3800 County Road 24 • Maple Plain, Minnesota 55359 • Telep orae 6TZ-4 - PARK RESERVES BAKER CARVER March 26, 1981 CROW-HASSAN ELM CREEK HYLAND LAKE LAKE REBECCA MURPHY-HANREHAN' Mr. John K. Anderson, City Administrator REGIONAL PARKS CityofShakopee CLEARY LAKE' 129 East First Avenue COON RAPIDS DAM Shakopee, Minnesota 55379 EAGLE LAKE FISH LAKE JAMES W.WILKIE Re: Blue Lake, James W. Wilkie Regional Park MEDICINE LAKE SPRING LAKE` Dear Mr. Anderson: SPECIAL USE AREAS BAKER PARK GOLF COURSE Upon receipt of your letter regarding the water level of Blue CLEARY LAKE GOLF COURSE pCounty HYLAND HILLS SKI AREA Lake I contacted Larry Gillette, the Hennepin n Park Reserve NOERENBERG MEMORIAL Wildlife Manager. He has been monitoring the lake' s water level TRAIL CORRIDORS and indicated that the beaver that had inhabited the area abandon- NORTHHENNEPINTRAIL ed the dam a couple of years ago. Consequently the dam deteriorated and was washed out, draining the lake in the summer of 1980. OTHER PARKS WSISLAND WELDILD GOOSE CHASE ISLAND It is Larry Gillette' s recommendation that eventually a permanent 'SCOTT-HENNEPIN control structure be constructed at the Blue Lake outflow; however, PARK AUTHORITY at the present time discussions are underway to include the park as a National Wildlife Refuge Unit to be managed by the U.S. Fish and Wildlife Service. In light of this anticipated change in ownership the Park Reserve District has postponed all major capital improvements to the area. A temporary control structure BOARD OF could be installed in the near future to reestablish the former COMMISSIONERS lake level . Larry Gillette will be coordinating the installation DONALD C.RINGHAM CHAIRMAN of such a structure. In all l i kelyhood this project would be MINNEAPOLIS undertaken by volunteers under his direction. If you are aware WILLIAM BARBEAU of residents that may be interested in participating in such a ST E LOUIS PARK CHAIRMAN ST. volunteer project, I would appreciate it if you would have them JUDITH S.ANDERSON contact Larry Gillette at 477-4255. BLOOMINGTON SHIRLEY A.BONINE Sincerely, MAPLE PLAIN PHYLLIS C \C g MINNEAPOLISOLIS C 'J V \�•�°"'�1'LL-- AMELIA M.DeMUSE MINNEAPOLISGEGregory A. Mack WILLIAM E..GENTRY NEW HOPE Division Manager JOHN D.HANNAH ORONO GAM/s k CHARLES R.PIHL ORONO RAYMOND N.SEAGREN cc: Mr. George Muenchow MINNEAPOLIS Larry Gillette ANNE-MARIE SOLENSKY MINNEAPOLIS CLIFTON E.FRENCH SUPERINTENDENT& SECRETARY TO THE BOARD March 30, 1951 RECEIVED Mr. John K. Anderson APR 1 1981 Shakopee City Administrator 129 East First Avenue CITY OF SHAKOPEE Shakopee, Minn. 55379 Re: Blue Lake Dear Mr. Anderson, Enclosed is a letter I have sent to Joe Alexander, Commissioner of D.N.R. you may find of interest. Sincerely, Todd Becken 4855 Eagle Creek Blvd. Shakopee, Minn. 55379 March 30, 1981 Mr. Joseph N. Alexander, Commissioner Minnesota Department of Natural Resources 658 Cedar Street St. Paul, Minnesota 55155 Res Water Appropriation I'crmit ;o. 67-1726, J.L. Shiely Quarry, Shakopee Dear Mr. Alexander, I wish to express some further concerns and observations relating to the above mentioned permit. Last year,as you know, a public hearing was held concerning the relationship between the Shiely quarry operations and Dean Lake. In order to better understand the situation, the D.N.R. hydrology section set up a monitoring program to collect data on flucuations in the water table levels. As a result of the hearing, Howard Kaibel, Hearing Examiner, recom- mended continued monitoring of observation wells in the area to obtain more long-term data. Subsequently, as Commissioner, you made the order to carry out this recommendation. I assume this is now being done. I have certain criticisms in the way the U.N.R. has handled this affair, which I will try to relate as clearly as possible. First, since the scope of the hearing was only to determine the effects of the cone of depression on Dean Lake and nearby residential wells, the mon- itoring program was set up only to study these effects south of the Shiely quarry. No consideration was given by the D.N.R. on the effects north of the quarry. The reason this whole affair was brought to your attention in the first place was because of the local resident's concern for the vast quantity of waste resulting from the Shiely dewatering. Thus, our concerns also extend to the adverse effects in all directions from the quarry. The D.N.R. failed to acknowledge these concerns, apparently because nobody lives or owns property north of the quarry other than more government agencies, specifically the Metropolitan Waste Control Commission and Hennepin County Park Reserve District (James Wilke Regional Park). These agencies are not prone to complain about such matters. In fact, when hydrologists were questioned at the hearing about the effects north of the quarry, they could not comment because no hard data was available on the water table drawdown in that area. Last June (1980), while making observations of the area, we discovered that Blue Lake (3/4 mi. north of Shiely quarry) had gone completely dry. The lake was totally drained and had turned into 300 acres of mudflat, which grew over with vegetation during the course of the summer. All the while, 6 million gallons of water a day flowed through a channel in the middle of the dry lakebed. We notified the D.N.R. hydrologists and Shiely' s independent hydrologist, Gerald Sunde, of this development. Mr. Sunde, who is most familiar with this area explained that the lake was sustained by a beaver dam, and that this dam must have washed out. This explanation, by itself, is somewhat questionable. I have visited Blue Lake periodically over the last 8 years and have never seen it flucuate more than a few inches (except during flood season, of course). Aerial photographs I have seen dating back to 1940 show that the lake was always full of water. Further investigation revealed that a previous property owner had constructed a concrete dam in the late 1920' s to sustain the lake. This dam was not maintained and eventually a beaver dam was built which sustained -the lake level. I suggested to D.N.R. personnel the possibility that due to (1) March 30, 1981 (2) j(/ Shiely' s increased pumping rate of last spring, the creekbed had channelized itself below the level of the lake, thus draining it. The D.N.R. never fol- lowed up on any of this information. In regard to our complaints about the wasting of water and the loss of Dean Lake, there was always some consolation in knowing that Shiely's water was at least benefitting Blue Lake. That is no longer the case. Since last spring, not one drop of Shiely's 2.5 billion gallon water appropriation has been used for any beneficial purpose whatsoever. Every last drop runs directly into the Minnesota River and is lost forever beyond a point in the hydrologic cycle where it can he used toward any practical purpose or benefit. Mr. Alexander, what was the purpose of this hydrologic study in the first place? We thought w.e were trying to bring attention to the incredible waste resulting from the ahiely quarry. Every time we brought the subject of Blue Lake to the attention of D.N.R. hydrologists they tried to sweep it under the rug. "Well, the beaver dam must have washed out." No real concern has ever been shownbvthe D.N.R. on this aspect, which is an integral part of this entire controversy. I ask you, has any D.N .R. personnel ever looked at Blue Lake? There is no public access to Blue Lake. All access has been closed to the public. A private citizen must walk half a mile to observe the lake. Has any D.N.R. personnel contacted the Hennepin County 1-'ark Reserve, the sole property owner of Blue Lake? I assure you, the D.N.R. hydrology section is fully aware of this problem, yet has any attempt been made to address the issue? I don't believe so. I wish I was wrong•. It is my belief that if the D.N.R. is going to approve a 2.5 billion gal- lon water appropriations permit, then they must take some responsibility for this water. As it stands today, neither the D.N.R. nor the J.L. Shiely Co. is willing to claim any responsibility whatsoever for the fate of this water once it leaves the Shiely property, which truly makes me wonder about government and corporate attitudes towards our state's resources. It aggravates me to know that if somebody were not to call this matter to your attention, the r).1..R. would prefer to keep its back turned to the issue, all the while possessing full knowledge of the situation. I contacted Larry Gillette, Wildlife Manager for the Hennepin County Park Reserve to discuss this matter with him. He informed me that he was indeed aware of the current state of Blue Lake. The beaver which maintained the dam are no longer there. Some traps were found in the area which led him to believe that the beavers were trapped out, although trarrjn is not permitted in the Park Reserve. The traps were conviscated. At any rate, the beavers are gone and so is the lake. I expressed con- cern for tle_ neat blue heron colony which resides on Blue Lake. What will be the fate o``ffAmajestic birds if the lake is not restored to supply a food source? Mr. Gillette informed me that it was entirely possible the herons would move to a different location to find a more readily available food supply. Dean Lake is gone. Blue Lake is gone. Together these total nearly 500 acres of wetlands, all within the city limits of Shakopee. The herons may also soon be gone. A puzzling- question -- Would these events have occured if the J.L. Shiely Co. had never begun operations here? !e will never know. 2.5 billion gallons a year of precious groundwater is being lost without one drop of it being used. • March 30, 19$1 (3) Please note the attached graph comparing the amounts of water pumped by the Shiely Co. with the amounts used by the municipal well systems of five nearby cities. This graph places an interesting perspective on the matter. One private business interest removes as much water from the groundwater sys— tem as the cities of Burnsville, Shakopee, Prior Iake, Chaska and Savage combined, with not one drop being used to the benefit of the environment or man. In discussing the prospects of building a dam to contain the water in Blue Lake, Mr. Gillette had some good news and some bad news. First, the bad news. The James Wilke Park Reserve is considered an "undeveloped" park area. Therefore, little, if any funds are appropriated for improvements. Also, there is a possibility that this area will he included in the Icinnesota Valley National Wildlife Refine in a few years, thus taking it out of the hands of the Hennepin County Park Reserve. This means the Park Reserve would prob— ably not be willing to appropriate money for any kind of a control structure if they are not going to own the land five years from now. Mr. Gillette then informed me that some wetlands, where possible, are periodically drained to control certain types of vegetation and create better wildlife habitat. When used as a management tool this process can be beneficial to a wetland environment. However, if such a wetland area remains drained for too long this can have an adverse effect as the lake bottom becomes choked with too dense a cover of vegetation (as is the case in Dean Lake). There would be no reason to allow a wetland to remain drained for more than one year. He went on to say that although he didn't think the chances were good that the Park Reserve would approve the funds necessary for a permanent con— trol structure at Blue Lake, he would look into the possibility, and if nothing else they could temporarily dam it up with some dead elm trees that he knows of in the area. This sounded very encouraging to me. I hope the Hennepin County Park Reserve District will now take a serious look at this problem. Especially since the life expectancy of the Shiely quarry is 25 more years, during which time Blue Lake will have a continuous supply of clean, fresh water. Perhaps, as Commissioner, you could direct your staff to look into this matter and maybe even see fit to appropriate some funds for such a project. Mr. Gillette was talking in the neighborhood of p10,000-415,000 for the proper control structures in the area able to withstand periodic spring flooding. The benefits of such action would he immediate to the environment and gratifying to those of us concerned with this issue. Thank—you for your time and attention. Sincerely, Todd Becken 4555 Eagle Creek Blvd. Shakopee, Minn. 55379 cc: Gregory A. rack, Division Manager, Henn. Co. Park Reserve District John K. Anderson, City Administrator, Shakopee C/ TOTAL ANNUAL WATER USAGE PY NUN ICIPAL WET L SYSTELS *Data obtained from city hall of each respective city • BURNSVILLE PRIOR LAKE Yr. Amount Yr Amount '65 141.466 million gallons '71 56.646 million gallons '66 242.610 '72 63.888 '67 304.173 '73 71.590 '68 348.869 '74 77.299 '69 562.481 '75 95.699 '70 604.234 '76 144.493 '71 670.000 '77 147.210 '72'. 763.878 '78 167.450 '73 1016.278 - '79 175.848 '74 969.099 '75 1077.129 '76 1412.088 SAVAGE '77 1262.261 '78 1356.914 '65 77.203 million gallons • '79 1370.088 '66 94.561 '67 68.161 '68 80.359 SHAKOPEE '69 93.085 '70 96.185 '70 245.129 million gallons '71 98.371 '71 236.880 '72 87.236 • '72 244.890 '73 94.812 '73 256.143 '74 96.452 '74 433.968 '75 84.769 '75 454.741 '76 102.379 '76 530.362 '77 °8.933 '77 546.678 '78 92.256 '78 531.619 '79 99.940 '79 507.421 CHASKA Data on Shiely obtained from D.N .R. ''67 75.555 million gallons Note the total water usage in the year '68 86.505 1979 by all five cities combined is ' 69 98.550 2417 million gallons. '70 104.739 Shiely' s appropriations permit allows '71 122.170 2500 milliongallons to be pumped each yr. '72 150.849 '73 165.803 '74 225.000 '75 236.058 '76 304.058 '77 258.466 '78 253.972 '79 263.457 • • �� 6tS GIS ....6---"1 C., lq ANNUAL W4 rFi' Usk c /3 f;�/°IL,3 R E 5 I I 5 . . :---, f 7 I i ' II I t1 '-1-1 IL: i ' f ' • li 1 I , . I to- ! +•t I IS70r . I i ;. . . .. . r , , , . il , • . 1 i xi; /tt . i 1 I I ' I , iaa I J ti • ,- - • i . ' O i . Ili 1 fr -1:-., ^ J { f 1 • L 1-t , �• i 0 1 I Ii , . I, I ' ( . ' I / I1 1 I • tI i • 3 C 6 . . __. : _ —1 1. '' L .L.—._ :,a>~L.i f i 1ILI I I 1—;.—!_4_.I f i tI : I i .. I . i ';','82,1:*;) i, ' 1: / r--d"- r / c.: I„ •..••'''''''.- „T--, /7„..., ____._----.'"--7—e etRic)igiLt.AKEi ' - 3 tri , I, 1; 17 la} • MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: 1981 Sewer Fund Budget DATE: March 31, 1981 The information presented herein is supplementalto my memo dated 2/25/81, and provides information requested by Councilman Reinke. 1) Sewer Rate History 1972 ' 73 '74 '75 '76 ' 77* ' 78 '79 '80 Residential/Mo. 4.00 4.00 2.65 2.85 2.85 4.00 4.65 5.43 6.44 Sr.Citizen/Mo. 4.00 4.00 2.65 2.85 2.85 4.00 4.65 4.65 5.43 Connection/Mo. 8.00 8.00 -0- -0- -0- 1.00 1.67 1.83 2.00 Commercial: Plus Flow c/1000g. .30 .30 .38 .45 .45 .47 .55 .60 .66 Plus Large Flow $/Mg/yr -0- -0- -0- -0- -0- 30.00 35.00 40.00 44.00 2) Comparative Operating Expenses See Exhibit 1 & 2 (attached) (There was a change in accounting basis in 1978.) 3) Holmes Street Repayment Schedule Interfund transfers for Holmes Street were figured at $35,000.00 per year for approximately six (6) years. Changing to $22,000.00 per year covers ten (10) years on the following schedule if the Sewer Fund pays interest. Principal Interest 1981 $ 10,366 $ 11,634 1982 11,195 10,805 1983 12,090 9,910 1984 13,058 8,942 1985 14,102 7,898 1986 15,230 6,770 1987 16,449 5,551 1988 17,765 4,235 1989 19,186 2,814 1990 15,989 1,279 $ 145,430 $ 69,834 * From 1977 on, the rate was determined by applying the connection fee and flow charge to an average residential. user. John K. Anderson, City Administrator March 31, 1981 Page Two Recommend Council consider this schedule flexible and make transfers faster than scheduled if sewer fund cash balance accumu- lates to a larger size than is considered necessary at the time and if the improvement fund (debt service) runs into cash flow problems because of delinquent assessments and deferred assessment and connection charges on the V.I.P. project, (same bond issue) . The effect of dropping Holmes Street transfers from $35,000.00 to $22,000.00 is a reduction in debt service transfers of $13,000.00. This amount at the previously recommended time and one-half is a drop in recommended operating income before depreciation of $19,500. (See Exhibit F, 2/25/81 Memo.) However, offsetting this drop is recent information that MWCC has incurred higher costs than anticipated. This means that in spite of the City putting out significantly lower flow than MWCC had forecasted, the final dollar cost for the City was higher than forecasted. For 1981 the same situation will probably exist. Exhibit A, of the 2/25/81 Memo, contains treatment costs $486,477. I had deflated MWCC's projection down to this number based on past costs and flows. I no longer feel this is a valid dollar number although I feel the gallons of flow projected by MWCC is still 30 Mg too high. The MWCC projected dollar cost for 1981 was $506,747 and the number in Exhibit A (2/25/81 Memo) should change to $506,747. The end result is that these two changes offset each other and there is no proposal at this time to change the rate recommendations in the 2/25/81 Memo. GV/ljw Attachment • . ... . ‘01- Exhibit 1 Sewer Fund Expenses 1975 1976 1977 1978 1979 1980 Personal Services $ $ $ $17,000 $20,372 $12,912 General Supplies 1,926 1,415 2,289 3,807 2,091 2,656 Equipment Maintenance 502 881 420 1,404 759 1,438 Vehicle Maintenance 299 Utility System Maintenance 256 97 1 ,475 4,033 2,565 Legal Services --- --- --- --- --- --- Engineering Services 8,591 16,331 10,136 Professional Services 2,546 2,813 3,264 6,435 7,112 7,844 Legal Notices Publishing 23 Printing 74 General & Liability Insurance 515 168 227 Vehicle & Equipment Insurance 565 513 Machinery Rental 255 Awards & Indemnities 635 1,131 50 Current Use Charges 171,156 276,757 321,178 328,824 381,151 439,325 Miscellaneous 222 155 Interest 5,135 4,865 7,600 5,922 2,099 Depreciation 9,339 12,210 21,439 54/ Exhibit 2 Analysis of Sewer Fund Operating Expenses 1978 Change 1979 Change 1980 Personal Services $17,000 $ 3,732 $20,732 $(7,820) $12,912 22% 38% Supplies & Repairs 9,543 (6,693) 2,850 3,809 6,659 70% 134% Professional Services 16,571 (9,459) 7,112 732 7,844 57% 10% Printing & Insurance 515 218 733 30 763 42% 4% Rents & Indemnities 1,386 (1,386) 50 50 100% Treatment Charges 328,824 52,327 381,151 58,174 439,325 16% 15% Treatment gallons (Mg) 675 39 714 21 693 6% 3% Depreciation 9,339 2,871 12,210 9,229 21,439 31% 76% Total Operating Expense $383,178 $41 ,610 $424,788 $64 ,204 $488,992 11% 15% • MEMO TO : Mayor and City Council FROM: John K. Anderson, City Administrator RE: Finalizing the Holmes Street Financing DATE : March 24, 1981 Introduction Council has approved change order No . 1 for the Holmes Street Project and City Staff can now finalize the funding for the project . Background There are three pieces of information attached for Council to review in making a final decision on how the project ' s actual costs should be allocated thus determining how they will be paid for . 1 . Page 2 and 3 from the March 19 , 1980 Holmes Street Ad Hoc Committee Public Meeting that indicate which elements of the project will be assessed. 2 . The City Engineer ' s final allocation of project costs - memo dated March 12 , 1981 . 3 . The Finance Director ' s review of funds available and the projects special assessment fund . Recommendation Based upon the commitments made to the public , the City Engineer' s final allocation of project costs and our ability to fund the costs as allocated, it is Staff ' s recommendation that the final project costs be allocated as noted in the City Engineer ' s memo regarding Holmes Street Reconstruction dated March 12 , 1981 . JKA/jms NOTE: State Fire Laws prohibit smoking in the auditorium ! ! March 19 , 1980 HOLMES STREET AD HOC COMMITTEE PUBLIC MEETING We want to thank you for attending this meeting which we feel will be important for you and for this committee . The Shakopee City Council appointed this committee in order to make sure that every effort was made to put the people of Shakopee involved as much as possible in the design , construction and cost sharing of this project . Our purpose is to make a recommendation to the City Councilon the following matters : 1) Determine what improvements are needed . 2) Determine approximate costs . 3) Determine funding sources . It is our hope tonight , that you will offer any suggestions you may have and that we can provide any additional information you may need . In order to keep this meeting going and to allow everyone wishing to speak an opportunity to do so , we request that you keep your initial comments to three minutes . If you have any additional comments , these can be made after everyone has had at least one opportunity to speak. Sincerely , Holmes Street Ad Hoc Committee : Ray Siebenaler, Chairman Ron Weiler Wm. Wermerskirchen, Sr. Gary Volding August Dellwo, Jr. James Groff Jim Raduenz Fred Kerber George Ries Douglas S . Reeder, City Administrator H. R. Spurrier, City Engineer DSR/jiw Attachments • PROPOSED HOLMES STREET PROJECT IMPROVEMENTS WHAT IS PROPOSED STREET CONSTRUCTION a . Rebuild Holmes Street from 2nd Avenue to 10th Avenue to the same width of 44 feet removing where possible the dips . CURB AND GUTTER a . Replace all existing curbs and gutters on Holmes Street between 2nd Avenue and 10th Avenue . b. Construct curb and gutter where none now exists on Holmes Street between 2nd Avenue and 10th Avenue . SIDEWALK a . Replace all sidewalks , which need replacement , on Holmes Street between 2nd Avenue and 10th Avenue . b . Construct sidewalks on the East side of Holmes Street between 8th Avenue and 10th Avenue . WATER a . Construct a watermain from 2nd Avenue to 5th Avenue on Holmes Street . b. Construct a watermain on 2nd Avenue from Fuller to Holmes Street c . Construct a watermain on Fuller from 2nd Avenue to Levee Drive . SANITARY SEWER a . Replace all sanitary sewer lines in Holmes Street from 2nd Avenue to _ kAN STORM SEWER a . , Construct a storm sewer trunk line in Holmes Street from 2nd Avenue to 7th Avenue . b. Construct a storm sewer trunk line on 2nd Avenue from Holmes to Fuller . c . Construct a storm sewer trunk line on Fuller Street from 2nd Avenue to the Minnesota River. / ' -2- HOW WILL THESE PROJECTS BE PAID FOR? STREET CONSTRUCTION - State Aid Ad Valorem Taxes No Assessments CURB AND GUTTER - a . Replacement of existing curb and gutter - State Aid Ad Valorem Taxes No Assessments b . Construction of curb and gutter where none exists - Assessment of property on front foot basis . SIDEWALK - a . Replacement of existing sidewalk and construction of new sidewalk - State Aid Ad Valorem Taxes No Assessments • WATER - Tax Increment Project for Elderly Highrise Water Fund Revenue Assessment for service lines to property line SANITARY SEWER - Sewer Fund Revenue Assessment for service lines to property line STORM SEWER - 50% Ad Valorem Taxes ' 50% Assessed on square footage (Land used or zoned other than single or double family residential will be assessed at twice the rate. ) WHAT ARE THE ESTIMATED COSTS? Street $ ,216 ,000 Curb and Gutter 124, 850 Sidewalk 43 ,490 Water 98 , 610 Sar}itary Sewer 99 , 340 Storm Sewer Trunk 507 , 900 TOTAL $1 ,090 , 940 -3- WHAT v �� ARE THE RECOMMENDED ESTIMATED ASSESSMENTS? Street None Curb and Gutter None if currently existing if not , $19 . 60 per front foot . ' . Sidewalk None Water Assessed only if property fronts Holmes Street • $175 per lot . Sanitary Sewer Assessed only if property fronts Holmes Street $175 per lot 1434=3 Storm Sewer Trunk Total amount assessed - Estimated per square foot cost - $0.04 Estimated per average 8500 square foot lot - $340.00 WHO WILL BE ASSESSED? Street ,No one Curb and Gutter. People on Holmes Street who 'do not have curb and gutter now Sidewalk No one Water People who front on Holmes will be assessed for the service line from the watermain to their property Sanitary Sewer People who front on Holmes Street will be • assessed for the service line from the sewer trunk to their property Storm Sewer All property owners in the storm sewer distric ■ will be assessed now for the storm sewer trunk in Holmes Street and all property owners will be assesse.i . within several years for the installation of storm sewer laterals to complete the system. • • • • r Jr -,.....10*A.................,. • ---- • r.: , ,,...., •,, .1, �— 1 A rr.N NrvERSIOE PARK • (5° i • 1 '��� . U , W r NR W .t 1 t.� 1. 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L \ % 11\ii.,-,--ti rk. 1 t 1.1 i ----\ , ‘ , t\ .\..--C,-.1\1\-:\ V\--kkli:A„__ '..-2'\.\- ‘ 1 I I F38 O• ' siliMil, ' V1.Q\.i :A,'..1(';;;., -,-) u‘.0_3-3 _,.,--1.,--v-s.___) ._:_ - ... - • 1 0---jD .._1_ _ --ulo. Lii,IL.\,.1,,,., „.,_,,_ .. ,__, ,,,,„_... ti. •••• ,,.:, ._••,..J. -,: ___.,•_:.___, 0--n \ \-U\ 0.----\ cT..i —..: k ..:_.-A•-'--1-..: , . --- - H 291 •,=R 7:-\-1 -----.-_---_-:\:7.-\\_.._,1 1__ -' ; .4 . _: 1 :L. . ; .. ! AT Il .. 1 ! 4----- -ir A AI' •.� II . 4. ` ..s _..A�_�� •r Ali I'I l ! .. -' _ __ _ . . Ir $C NIOY ry1GM � 1- IIF _. ST S1. 1 r I •_ ..-...COp PON4 .. -_R YCN.1 Y T M. - r. VI 5 _ ! J4 c,SOM lE fO MN5N1 1 i S +-.• _ _� .. CW C[ - _� _ �1TSI 1 i `Pal '��—'__—, s uiFrII 4 l �w W • ! I i 2 • � STORM z JR. II h N !--.--•-•---.__ . ` aa--Tv. L •s. N ( N .�, _.--- SEWER 1 .7• ........ MEMO TO : John Anderson City Administrator FROM: H. R. Spurrier City Engineer ,`, y 4! RE : Holmes Street Reconstruc ' on DATE : March 12 , 1981 Introduction : Change Order No. 1 for the Holmes Street Reconstruction Project was approved February 3 , 1981. Change Order No . 1 increased the total project cost . Background : When Change Order No. 1 was approved by City Council, City staff was asked to prepare a report indicating how the additional construction would be funded. There was a total increase of $106 ,556. 00 in the contract amount; $39, 535 . 60 was the result of quantity changes and $67,021. 00 was the result of Change Order No. 1 Table 1, below, shows the project budget . That budget shows that the actual project cost has increased 5 . 8 percent over the original estimated cost . Table 1 Project Budget Project Cost Description Estimated) Change Actual2 Watermain $ 86 ,955 . 00 + 20 ,806 . 00 $ 107,761. 00 Sanitary Sewer 78 ,240 . 00 + 67 , 190 . 00 145 ,430. 00 Storm Sewer 415 ,540. 00 + 59,046 . 50 474 ,586 . 50 Roadway 323 , 165 . 00 - 9,242.20 313,922 . 80 Subtotal $ 903 ,900. 00 +137 ,800 . 30 $1,041,700 . 30 Technical Services 186 ,200. 00 - 74 ,864 . 99 111,335 . 01 Total $1, 090 , 100 . 00 + 62, 935 . 31 $1, 153,035 . 31 John Anderson -1- March 12, 1981 (,)/ Table 1 (cont . ) Project Budget Project Revenue Description Estimated Change Actual Highrise Tax Increment $ 100 ,000. 00 - 360 . 54 $ 99,639. 46 Municipal State Aid 300,000 . 00 +166 ,546 . 11 466 ,546 . 11 Sewer Fund 99,340. 00 + 46 , 090 . 00 145, 430 . 00 Assessed 270 ,000. 00 + 28,717. 26 298 ,717 . 266 SPUC 12,000 . 005 + 4 , 100 . 00 16 , 100. 00 City Levy 308, 760 . 00 -182 , 157 . 52 126 ,602. 48 $1,090 , 100. 00 + 62,935 . 31 $1, 153,035 . 31 'Estimated cost of work comtemplated in March 1980 . 2Actual cost of all work including the balance of 1981 paving and restoration. This amount includes Change Order No . 1 and some work not contemplated in March, 1980 , but included in the final project and offset by additional MSA participation. 3Except for Footnote 5 , the items here are detailed in the offering statement for the bond sale . 4Revenues reflect actual project cost , contributions or assessments . 5This amount is the amount accepted by the Utilities Manager as being the amount approved by SPUC. 6This amount is the amount recommended by City staff and Utilities Manager as the amount allocated to SPUC . The amount includes the original amount of $12 ,000 plus $4100 in approved additional work. HRS/j iw MEMO TO : John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE : Holmes Street Funding DATE : March 13 , 1981 Introduction Information on Holmes Street project per your request is as follows based upon finance records and the City Engineer' s memo dated March 12 , 1981 , page 2 actual costs . Revenue Sources 1 . Highrise tax increment in the amount of $99 , 639 .46 . I will use the Engineer ' s memo as the basis for charging the increment this amount . Original cost anticipated from increment bonds was $100,000.00 for the watermain portion. Highrise Capital Projects Fund Fund Balance 12/31/81 (preliminary) $246 , 643 Less Watermain 99 , 639 Less Capitalized Interest (rec inc in ' 82) 36 ,300 Balance Held for Crosswalk $110, 704 2 . State Aid The Engineer ' s figure is $466 ,546 .11 . We have received $450, 784 to date . State Aid Fund Accumulated State Aid Thru 1980 $450,784 State Aid Allocation for 1981 + 122 ,584 Total State Aid Available 573 , 368 Less Holmes Street Construction 80-81 466 ,546 Balance of State Aid for 1981 $106, 821 3 . Sewer Fund The Engineer ' s figure is $145 ,430.00. This is address- ed in the pending Sewer Fund Budget . If Council concurs with the Engineer ' s number, they will fund it over the number of years they select (recommend 6 years) . The Sewer Fund cannot pay off the total cost at this time (current balance $105 ,000) . The Sewer Fund bud- geted share of $100,000 ($145 ,430 actual) is already built into the tax levy for the bonds and will go toward servicing the bond (i .e. reducing the levy required) . 4. Assessed The Engineer ' s figure is $298 , 717 .26 . Assessed to date is $285 ,152 . 86 including City property . The Engineer has not prepared the roll for services yet but there will be $2 ,889 .40 for curb, gutter and sidewalk and there were 61 services @ $175 .00 = $10, 675 .00. Summarizing: $285 ,152 .86 assessed to date 2 , 889 .40 to be assessed for curb, gutter & sidewalk 10, 675 .00 to be assessed for 61 services $298, 717 .26 John K. Anderson Page Two March 13 , 1981 5 . S .P .U.C . The Engineer ' s figure is $16 ,100.00. There has been no official action on which to base accounting entries relating to SPUC ' s share . Council will have to take formal action. 6 . City Levy The Engineer ' s figure is $126 , 602 .48 , the original estimate was $308 , 760. The tax levy was the balancing number for what was needed to finance the project . Actual certifi- cation over the life of the bonds is $498 ,113 which includes coverage for the anticipated $100,000 that sewer fund would contribute , 5% allowance for uncollectable taxes and for interest expense since the levy is for the future and does not earn interest as assessments do . Breakdown of Bond Proceeds for Holmes Street Original Estimate of Cost $1 ,090,100 Add Capitalized Interest % 45 ,322 Add Discount % 14,369 Less State Aid (300,000) Less Tax Increment (100,000) Less Additional Discount % (10,574) Less Estimated Reinvestment Proceeds (12 ,950) Total Original Bond Proceeds $ 726 ,276 Cash Available to Pay Construction Costs Bond Proceeds $ 726 ,276 .00* State Aid (per Engineer) 466 ,546 .00 SPUC Contribution (per Engineer) 16 ,100.00 Tax Increment (per Engineer) 99 , 639 .00 Total Cash Available for Payments 1 ,308,561 .00 Total Cash Required 1 ,153 ,035 .31 Balance Available for Debt Service $ 155 ,525 . 69 *This $726 ,276 .00, plus $385 , 681 in interest , represents the long term debt of $1 ,111 ,957 for this project (tax increment debt service excluded from project assessment fund debt service) . The City will retire this principal and interest using the $155 ,525 . 69 construction fund balance , the $145 ,430.00 from the sewer fund, the $298 ,717 .00 from assessments , and $498,113 .00 from special levy funds (i .e . Ad Valorem Taxes) , or $1 ,097 ,785 . With the addition of interest earned, assessment interest , and receipt of approximately $33 ,500 from Scott County for the 50% City share of County streets in the drainage district . There will be sufficient funds to retire the long term debt . GV/jms MEMO TO: John Anderson City Administrator 1_ FROM: Jane Wostrel Secretary - Engineering & Planning RE: Newly Revised Subdivision Ordinance DATE: April 3, 1981 Introduction: After many months of extensive considerations by the Subdivision Review Ad Hoc Committee and the Planning Commission, the newly revised Subdivision Ordinance is now ready to go to the City Council for their adoption. Background: The Planning Commission, at their meeting of February 26, 1981, recommended Council adoption of the newly revised Subdivision Ordinance. A public hearing was held at that time, input received and changes made to the Subdivision Ordinance (copy hereto attached). The newly revised Subdivision Ordinance was then sent to the City Attorney for his opinions. His input was noted and corrections included in the newly revised Subdivision Ordinance. Action Requested: After reviewal of the newly revised Subdivision Ordinance by the City Council and any actions made by the City Council so included in the newly revised Subdivision Ordinance, Council should direct staff to prepare an Ordinance amending the Subdivision Ordinance. jiw Attachment RECEIVED . c, Law Offices of MAR 4 1981 KRASS, MEYER & KANNING CITY OF HAKOPEE Chartered Phillip R. Krass Shakopee Professional Building Barry K. Meyer 1221 Fourth Avenue East Philip T. Kenning Shakopee, Minnesota 55379 (612)445-5080 MEMORANDUM TO: The Honorable Mayor and City Council of the City of Shakopee FROM: Phillip R. Krass DATE: March 3, 1981 SUBJECT: Park Dedication or Fee in Lieu Thereof for Industrial Plats Pursuant to your request, I have researched the statutory authority for cities to require a park dedication or cash from industrial property owners who wish to plat. The statute in question is Section 462.358 (2b) Dedication. The applicable section reads as follows: "In addition, the (subdivision) regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for public use as parks, playgrounds, trails, or open space; provided that (a) the municipality may choose to accept an equivalent amount of cash from the applicant for part or all of the portion required to be dedicated to such public uses or purposes based on the fair market value of the land no later than at the time of final approval . . . " The Supreme Court in the case of Collis vs. City of Bloomington, 1976 case, upheld a Bloomington ordinance requiring dedication of "an amount of land equal in value to ten percent of the undeveloped land" wherein the city had utilized its assessor to determine the value. The Court said that the condition was a reasonable one, but that its assessor's decision as to value was only prima facie and could be attacked on the issue of valuation alone. It is my opinion that the statutory requirement is applied equally to indus- trial and commercial subdivisions as well as residential and that the city is within its right to continue to charge the fee in question. Respectfully submitted, KRASS/M KANNING CHARTERED 4 ✓ -- Phili p . Krass PRK:ph cc Mr. Henry Sinda f CITY OF SHAKOPEE SCOTT COUNTY, MINNESOTA SUBDIVISION REGULATIONS from SHAKOPEE CITY CODE Chapter 12 Draft Copy February 1981 CHAPTER 12 SUB-ANALYSIS Title Page CHAPTER 12 SUBDIVISION REGULATIONS Section 12. 01 Purpose and Jurisdiction 328 12 . 02 Definitions 330 12. 03 Procedures 334 Subd. 1 Procedure 334 2 Pre-application and Sketch Plan Meeting . . . 334 3 Preliminary Plat 334 4 Final Plat 336 Section 12 . 04 Data Required for Preliminary Plat 337 12 . 05 Data Required for Final Plat 339 12. 06 Required Improvements 342 Subd. 1 General 342 2 Monuments 343 3 Streets and Alleys 344 4 Sewers 344 5 Water Supply 344 6 Installation of Street Lighting 344 7 Installation of Sidewalks 345 8 Topsoil - Sodding and Seeding 345 9 Drainage 345 10 Public Utilities 345 11 Security Agreements for Required Improvements . 346 Section 12 . 07 Design Standards 346 Subd. 1 Streets and Alleys 346 2 Easements 351 3 Blocks 351 4 Lot Standards 351 5 Public Sites and Open Spaces 352 6 Buffering Residential Subdivision Adjacent to Intermediate and Principal Arterial Roads . . 356 Section 12. 08 Small Subdivisions 357 12. 09 Registered Land Surveys and Conveyance By Metes and Bounds 358 12 . 10 Rural Industrial and Commercial Areas 358 12 . 11 Planned Unit Development 358 12. 12 Environmental Protection 362 12 . 13 Variations and Exceptions 364 12 . 14 Appeals 365 12. 15 Amendments 365 12. 16 Enforcement 366 12. 17 Violations 366 12 . 18 Solar Access 367 12. 19 Vacation of Plats 368 12 . 99 Violation - A Petty Misdemeanor 369 12a CHAPTER 12 SUBDIVISION REGULATIONS SECTION 12 . 01. PURPOSE AND JURISDICTION Subd. 1. Purpose . In order to safeguard the best interest of the City and to assist the subdivider in harmonizing his interests with those of the City at large, this chapter is adopted in order that adherence to same will bring results beneficial to both parties. Because each new subdivision becomes a permanent unit in the basic unit structure of the expanding community , and to which the community will be forced to adhere , and because piecemeal planning of subdivisions will bring on undesir- able , disconnected settlement patterns and poor circula- tion of traffic unless its design and arrangement is correlated to a Comprehensive Plan of the City which aims at a unified scheme of community interests, all subdivision of land hereafter submitted for approval to the Planning Commission shall , in all respects, fully comply with the regulations hereinafter set forth in this chapter. It is the purpose of this chapter to make certain regulations and requirements for the platting of land within the City pursuant to the authority contained in Minnesota Statutes Annotated, Chapters 429, 471, 505 , and 566, which regulations the Council deems nec- essary for the health, safety and general welfare of this community . Subd . 2 . Jurisdiction. This chapter shall apply to land within the City and to such land outside as extraterritorial rights are conferred upon the City by statute . Except in case of a resubdivision, these regulations shall not apply to any lot or lots forming a part of subdivision plats recorded in the office of the County Recorder/ Register of Deeds of Scott County prior to March 1981, nor is it intended by these regulations to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances except those in conflict with these regulations, or with private restrictions placed upon property by deed, covenant , or other private agreement which are equal to or more re- strictive covenants running with the land to which the City is a party . Subd. 3 . Application. Any plat, hereafter made, for each sub- division or each part thereof lying with the jurisdic- tion of this chapter, shall be prepared, presented for 328 approval, and recorded as herein prescribed. The reg- ulations contained herein shall apply to the subdivision of a lot , tract or parcel of land into two or more lots, tracts or other division of land for the purpose of sale or of building development , whether immediate or future, including the resubdivision or replatting of land or lots . Division of residential land in tracts larger than 20 acres in area and 500 feet in width shall be exempt from the requirements of this chapter. All industrial and commercial developments shall be subject to the pro- visions of this chapter unless application is made under the Planned Unit Development Concept . Subd. 4 . Applicable Findings . Particular attention shall be given to the width and location of streets , sidewalks , suitable sanitary utilities, surface drainage , lot sizes and arrangements , as well as requirements such as parks and playgrounds , schools , recreation sites, and other public uses . All of the following findings shall be made prior to the approval of a subdivision : A. All the applicable provisions of the City Code are complied with. B. The proposed subdivision will not be detrimental to the present and potential surrounding land uses . C. The area surrounding the subdivision can be planned and developed in coordination and compatibility with the proposed subdivision. D. The subdivision is in conformance with the Future Land Use and Thoroughfare Plan. E. The subdivision preserves and incorporates the site ' s important existing natural features , whenever possible. F. All land intended for building sites can be used safely without endangering the residents by peril from floods , erosion, continuously high water table, severe soil conditions or other menace. G. The subdivision can be economically served with public facilities and services . Subd. 5 . Separability . If any part or provision of these regulations or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part , provision, or application directly involved in all controversy in which such judgment shall have been rendered 329 7 and shall not affect or impari the validity of the remainder of these regulations or the application thereof to other persons or circumstances . The Planning Commission hereby declares that it would have enacted the remainder of these regulations even without any such part , provision, or application. Subd. 6 . Approvals . Before any plat shall be recorded or be of any validity , it shall have been reviewed by the Planning Commission and approved by the City Council as having fulfilled the requirements of this section. SECTION 12 .02 . DEFINITIONS For the purpose of this chapter, the following terms, phrases , words and their derivatives shall have the meaning given in this section. Definitions in Section 11 are adopted by reference . Where inconsistent , definitions in this chapter shall prevail. When not inconsistent with the context , words used in the present tense include the future , words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is alwaysmandatory and not merely directory . Subd. 1. Administrative Official. The City Administrator. Subd. 2 . Alley . A public right-of-way which affords a secondary means of access to abutting property . Subd . 3. Block. An area of land within a subdivision that is entirely bounded by streets , or by streets and the exterior boundary or boundaries of the subdivision, or a combination of the above with a river , lake , or railroad right-of-way . Subd. 4 . City Engineer . The professional engineer designated by the City Council . Subd . 5 . Comprehensive Plan. A formal expression of a community ' s social and economic goals portrayed graphically and/or in writing, showing the community ' s desirable future development , the projected uses of private land, and the general location and extent of proposed public facilities . Subd. 6 . Deflection Angle . The angle between a line and the pro- longation of the preceding line . Subd. 7 . Design Standards . The specifications to land owners or subdividers for the preparation of plats, both prelimin- ary and final, indicating among other things, the optimum, minimum or maximum, dimensions of such items as right- of-way , blocks , easements and lots . 330 • 4 Subd. 8 . ' Easement . A grant by a property owner for the use of land for the purpose of constructing and maintaining any public utilities , storm drainage ways, ponding area, walkways, roadways or other uses . Subd . 9 . Final Plat . A drawing or map of a subdivision, meeting all the requirements of the City and in such form as required by the County for purposes of recording. Subd . 10 . . Horizontal Curve . The circular curve connecting two lines at tangent points . Subd. 11. Lot . A portion of a subdivision or other parcel of land intended for building development or for transfer of ownership . Subd. 12 . Parks and Playgrounds . Public lands and open spaces in the City dedicated or reserved for recreational purpose . Subd. 13 . Percentage of Grade . The distance vertically (up or down) from the horizontal in feet and decimals of a foot for each 100 feet of horizontal distance . Subd . 14 . Pedestrian Way . A public or private right-of-way across a block or within a block to provide access, to be used by pedestrians and which may be used for the installation of utilities where approved by the Planning Commission and City Council . Subd. 15 . Planned Unit Dvelopment . An area of land, to be developed as a single entity to encourage residential, commercial and industrial planned unit developments offering greater creativity and flexibility in site plan design which does not necessarily correspond in lot size , bulk, or type of dwelling or commercial or industrial use density , lot coverage and open space to the regulations established in any one district . Subd. 16 . Planning Commission. Planning Commission of the City . Subd. 17 . Preliminary Plat . The preliminary map, drawing or chart indicating the proposed layout of the subdivision to be submitted to the Planning Commission for its consideration. Subd. 18 . Protective Covenants . Contracts made between private parties as to the manner in which land may be used, with the view to protecting and preserving the physical, social and economic integrity of any given area. Subd. 19. Roadway Grade . The centerline or gutter flowline grade of the street which will be related to the property line grades as shown on standard street cross-sections on file in the City Engineer' s office . 331 Subd. 20 . Roadway Width. The section of a street which is improved by grading, paving or any other' improvement . Subd. 21. Service Road. Local streets which are parallel and adjacent to arterial streets and highways ; and which provide access to abutting properties and protection from through traffic . Subd . 22 . Solar Energy System. A set of devices whose primary purpose is to collect solar energy and convert and store it for useful purposes including heating and cooling of buildings and other energy using processes , or to produce generated power by means of any combination of collecting, transferring or converting solar generated energy . Subd. 23 . Solar Skyspace . The space between a solar collector and the sun which must be free of obstructions that shade the collector to an extent which precludes its cost- effective operation. Subd. 24 . Street . A public right-of-way affording primary access by pedestrians and vehicles to abutting properties , whether designated as a street , highway , thoroughfare, parkway , throughway , road, avenue , boulevard, lane, place , or however otherwise designated. Subd . 25 . Streets - Arterial . Those used primarily for heavy traffic and serving as an arterial traffic-way between the various districts of the community , including the Municipal-State Aid System, as shown on the master plan. Subd. 26 . Streets - Collector. Those that carry traffic from minor streets to the major system of arterial streets and high- ways , including the principal entrance streets of residential neighborhoods . Subd. 27 . Streets - Cul-de-sac . A minor street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement . Subd. 28 . Streets - Local . Those which are used primarily for access to abutting properties . Subd. 29 . Street - Marginal Access . An urban street which has an estimated average daily traffic count less than 50 and has no need or possible need of on-street parking. Subd . 30 . Street Width. The shortest distance from lines of lots delineating the street . 332 Subd. 31. Subdivision . A described tract of land which is to be or has been divided into two or more lots or parcels , any of which resultant parcel is less than five acres in area for the purpose of transfer of ownership or building development or, if a new street is involved, any division of a parcel of land. The term includes resubdivision and, where it is appropriate to context , relates either to the process of subdividing or to the land subdivided. Subd. 32 . Tangent . A straight line which is perpendicular to the radius of a curve where a tangent meets a curve . Subd. 33 . U. S.G. S. Datum. The United States Geodatic Survey Datum ( 1919 adjustment ) . Subd. 34 . Vertical Curve . The parabolic curve connecting lines of different percentages of grade . 333 SECTION 12 .03 . PROCEDURES Subd . 1. Procedure . The procedure hereinafter described entails submission of a preliminary plat for conditional approval and a final plat for final approval . Subd . 2 . Pre-application and Sketch Plan Meeting. A. Prior to the submission of any plat for consideration to the Planning Commission under the provisions of this chapter, the subdivider shall prepare a sketch plan and meet with the Planning Commission, or any individual to whom the Commission may delegate this responsibility, to introduce himself as a potential subdivider and learn what shall be expected of them in such capacity . B. Such Sketch Plan shall show: 1. Tract boundaries 2 . North point 3 . Streets on and adjacent to the tract 4 . Significant topographical and physical features 5 . Proposed general street layout Subd. 3 . Preliminary Plat . A. The subdivider shall submit to the City Administrative Office, twenty (20 ) copies of a preliminary plat of the proposed subdivision, the requirements of which are as set forth in this chapter. Said preliminary plat shall be submitted not less than three (3) weeks prior to the next scheduled Planning Commission meeting for which a public hearing shall be set . At the time of the submission of the Preliminary Plat , the subdivider shall deposit twenty-five (25) dollars per lot platted with a maximum of one thousand ($1,000 ) dollars . This deposit shall be held in a special Subdivider' s Escrow Account and shall be credited to the said subdivider, owner or developer. Engineering , administrative , legal expenses incurred by the City shall be paid by the developer. The Administrator shall promulgate and adopt a set of rules , regulations and fees for services rendered by City personnel and said rules , regulations and fee schedules shall be on file with the City Clerk for inspection, and a copy thereof shall be furnished the subdivider, owner or developer. The City staff shall itemize all time , services and materials billed to any Subdivider ' s Escrow Account 334 and said time , services and materials shall be in accordance with the rules, regulations and fees as promulgated and adopted by the Council . The sub- divider, owner or developer making the deposit (s ) in the subdivider' s Escrow Account shall be furnished a copy of said itemized charges and any balance remaining in the account shall be returned to the depositer by the Clerk after all claims and charges thereto have been paid. B. The City Administrator shall submit one ( 1) copy of the preliminary plat to the City Engineer, City Planner, Utilities Manager and City Attorney . The City Engineer and City Planner shall present their review of said plat to the Planning Commission at the Commission' s next regularly scheduled meeting or as soon thereafter as is practical . C. The Planning Commission shall review the preliminary plat considering the opinions of the City Engineer, the Utilities Manager, and the Planner, from the standpoint of public health and welfare and community planning. The Planning Commission shall hold a public hearing within sixty (60 ) days of filing and after the publication of a notice of said hearing in the official newspaper for the City . Said notice shall not be less than ten ( 10 ) days nor more than thirty (30 ) days prior to said hearing. The Commission shall notify the owner or subdivider as to the time and place of the hearing at which he will be afforded an opportunity to be heard. D. If approved, the Planning Commission shall express its approval or conditional approval and state the conditions of such approval, if any, or if disapproved shall express its disapproval and its reasons therefor. Such approval or disapproval shall be transmitted to the Council. E. After the Council receives the report of the Planning Commission, the Council shall act to approve or disapprove the plat . Approval shall mean the accept- ance of the design as a basis for preparation of the final plat . The Council may , before they act upon the preliminary plat , submit it to any employee of the City they may designate for further review and study . If the Council shall disapprove said plat , the grounds for any such refusal shall be set forth by resolution by the Council and reported to the person or persons applying for such approval . F. At the time of filing application for the preliminary plat , the owner or owners of the land covered by such 335 plat shall submit to the City Administrator a petition for rezoning to the precise proposed future use of said land if the land is not already so zoned. G. Approval of the preliminary plat by the City Council shall give the applicant the following rights for a 12 month period from the date of approval : 1. The general terms and conditions under which the approval was granted will not be changed by the City; 2 . That the applicant may submit on or before such expiration date , the whole or any part of the approved plat for final approval; 3. The City Council may extend the time period of preliminary approval, upon written application by the developer and for good cause shown. Such extension shall not exceed a 12 month period . Subd. 4 . Final Plat . A. The subdivider shall file with the Planning Commission through the City Administrator (within one year from the date of approval of the preliminary plat ) a final plat conforming substantially to the preliminary plat as approved; such approval shall become null and void on plats which are not filed within the time herein specified. If requested by the subdivider, within the one-year time frame from the date of preliminary plat approval, the Council may extend the time limit on a yearly basis . The subdivider may withdraw the preliminary plat at any time within the one year, at which time approval shall become null and void on the plat . B. The subdivider may file a final plat limited to such portion of the preliminary plat which he proposes to record and develop at the time , provided that such portion must conform to all requirements of this chapter.. If some portion of the final plat has not been submitted for approval within this period, a preliminary plat for the remaining portion must again be submitted to the Planning Commission and the Council for approval . C. The final plat shall be filed with the City Adminis- trator at least two (2 ) weeks before a regularly scheduled monthly Planning Commission meeting. D. The City Administrator will refer the final plat to the Planning Commission and one ( 1) copy each to the City Engineer, the Utilities Manager, and the City Planner, if any, for their review and report . E. The Planning Commission , with assistance of the City Engineer and the City Planner , shall check the 336 final plat to see that it is in substantial agreement with the preliminary plat as approved and that it meets all ordinances and regulations of the City . F. When a final plat meets all of the conditions of this chapter, the Planning Commission shall recommend approval to the Council and the Council shall act thereon. Following final plat approval or disapproval by the Council, the City Administrator shall notify the owner or subdivider of the Council ' s action. If the plat is not filed within one-hundred eighty ( 180 ) days after approval by the Council, the Council may rescind its approval and shall notify the Scott County Recorder/Registrar of Titles . The City Administrator shall give at least ten ( 10 ) days written notice to the applicant prior to Council action to rescind. A reproducible copy of four (4 ) paper prints of the final plat after the plat has been recorded with the County Recorder/Registrar of Titles of Scott County , shall be filed with the City Admin- istrator. CT. An Abstract brought up-to-date shall be furn1shed for the City Attorney . SECTION 12 .04 . DATA REQUIRED FOR PRELIMINARY PLAT Subd. 1 . Preliminary Plat . The preliminary plat shall be clearly and legibly drawn. At the time of application, the plat shall be submitted on twenty (20 ) paper prints 22" x 30" . All residential and commercial subdivision maps shall be drawn at a scale not smaller than a scale of one inch equals 100 feet , unless otherwise required by the Admin- istrator. Industrial subdivision maps may be drawn at a scale of one inch equals 200 feet . Subd. 2 . Contents . The preliminary plat of the proposed subdivision shall contain or have attached thereto the following information: A. Identification and Description 1. Proposed name of subdivision, which name shall not duplicate or be alike in pronunciation of the name of any plat as required by the County ; 2 . Legal description of property to be platted and a survey prepared and certified by a surveyor registered in the State of Minnesota; 3 . Key map at small scale showing locations of the tract and property for at least 600 feet adjacent ; 4 . Names and addresses of the owner, subdivider, surveyor and designer of the plan; 5 . North point; 6 . Date of preparation; 7 . Approval by the property owner. 337 B. Existing Conditions 1. Boundary line of proposed subdivision, clearly indicated; 2 . Existing zoning classifications; 3 . Total approximate acreage; 4 . Location, widths and names of all existing or previously platted streets or other public ways , showing type, width and condition of improvements , if any, railroad and utility rights-of-way , parks and other public open spaces, permanent buildings and structures, easements, and section and corporate lines within the tract and to a distance of 100 feet beyond the tract ; 5. Location and size of existing sewers, watermains, culverts or other underground facilities within the tract and to a distance of 100 feet beyond the tract . Such data as grades , invert elevations and locations of catch basins , manholes and hydrants , shall be shown only on request ; 6 . Identify by name and ownership boundary lines of adjoining unsubdivided or subdivided land, within 100 feet ; 7 . Topographic data may be required by the City Engineer out to 300 feet beyond the boundaries of the proposed plat including contours at vertical intervals of not more than 2 feet . Where the horizontal contour intervals are 100 feet or more , a one foot vertical interval shall be shown. Water courses , marshes , wooded areas , rock outcrops , power transmission poles and lines, and other significant features shall also be shown. C. Subdivision Design Features 1. Layout of proposed streets , showing right-of-way widths and proposed names of streets . The name of any street heretofore used in the City or its environs shall not be used , unless the proposed street is an extension of an already named street , in which event the name shall be used . Layout of proposed streets shall conform to City of Shakopee Design Criteria; 2 . Locations and widths of proposed alleys , pedestrian ways and utility easements ; 3 . Proposed street and alley centerline profile grades showing approximately both existing and proposed centerline profile grade lines . Design profiles of proposed streets shall conform to City of Shakopee Design Criteria; 4 . Proposed location and size of storm and sanitary sewer lines and watermains and proposed gradient of sewer lines in accordance with City of Shakopee Design Criteria; 338 5 . Proposed storm and sanitary sewer point of discharge or connection to existing systems and watermain connection or source of supply with all information required in the City of Shakopee Design Criteria; 6 . Layout , numbers and preliminary dimensions of lots and blocks; 7 . Minimum front , side and rear building setback lines, indicating dimensions; 8 . Areas, other than streets, alleys , pedestrian ways and utility easements intended to be dedicated or preserved for public use, including the size of such area or areas in acres; 9 . Soil percolation tests may be required by the City Engineer, especially in rural service areas, and other pertinent subsurface information including soil borings . Soil percolation and boring tests shall conform to the testing procedures of the Shakopee Sewage Disposal and Treatment Code . D. Qualifications No plan shall be approved for a subdivision which covers an area subject to periodic flooding or which contains extremely poor drainage facilities and which would make adequate drainage of the streets and lots impossible, unless the subdivider agrees to make improvements which will , in the opinion of the City Engineer, provide adequate street and lot drainage . Where downstream drainage facilities are judged to be inadequate, the surface drainage rate and volume may be limited where necessary by the City Engineer. SECTION 12 .05 . DATA REQUIRED FOR FINAL PLAT Subd. 1. Final Plat . The owner or subdivider shall submit a final plat together with any necessary supplementary inform- ation, including the Abstract . A. Filing The final plat shall be drawn with waterproof, nonfading black ink on 4 mil_ transparent Mylar at a scale of 100 feet to the inch (200 feet permissible for Industrial subdivisions ) along with twenty (20 ) copies of a final plat shall be filed with the Planning Commission together with additional copies as required by Scott County . 1 B. At the same time, the owner or subdivider shall submit an Abstract of Title continued to date or an Owner ' s Duplicate Certificate of Title and Registered Property Abstract to the City Attorney for his examination and 339 approval of title of the developer. Once title is approved, then the supporting document may be returned to the owner or developer. C. Contents 1. The final plat prepared for recording purposes shall be prepared in accordance with provisions of Minnesota State Statutes , Section 505 . 03 and 505 . 08 and any amendments thereof and thereto; 2. Name of subdivision; names shall not duplicate or closely approximate the name of any existing subdivision; 3. Location by section, township , range , county and state , and including descriptive boundaries of the subdivision, based on an accurate traverse , giving angular and linear dimensions which must be mathematically close . The allowable error of closure on any portion of a final plat shall be one foot in 7 ,500 ; 4. The location of monuments shall be shown and described on the final plat . Locations of such monuments shall be shown in reference to existing official monuments or the nearest established street lines , including true angles and distances to such reference points of curvature and points of tangency on street lines , and at each angle point on the boundary of the subdivision. A permanent marker shall be deemed to be a steel rod or pipe, one-half inch or larger in diameter extending at least 18 inches below the finished grade . In situations where conditions prohibit the placing of markers in the locations prescribed above, offset markers will be permitted. The exact location of all markers shall be shown on the final plat , together with accurate interior angles , bearings and distances . Permanent monu- ments shall be placed at all quarter section points within the subdivision or on its perimeter; 5 . Location of lots, streets , public highways , alleys, parks and other features , with accurate dimension in feet and decimals of feet , with the length of radii and/or arcs of all curves , and with all other information necessary to reproduce the plat on the ground. Dimensions shall be shown from all angle points and points of curve to lot lines; 6 . Lots shall be numbered clearly . If blocks are to be numbered or lettered, these should be shown clearly in the center of the block; 7 . The exact locations , widths, and names of all streets to be dedicated; 8 . Location and width of all easements to be dedicated; 340 9. Boundary lines and description of boundary lines of any areas other than streets and alleys which are to be dedicated or reserved for public use; 10 . Name of fee owner and surveyor making the plat ; 11. Scale of plat (the scale to be shown graphically and in feet per inch) , date and north point ; 12. Statement dedicating all easements as follows : Easements for installation and maintenance of utilities and drainage facilities are reserved over, under and along the strips marked "utility easements" ; 13 . Statement dedicating all streets, alleys and other public areas not previously dedicated as follows : Streets, alleys and other public areas shown on this plat and not heretofore dedicated to public use are hereby so dedicated. D. Filing Fee The final plat shall be accompanied by a fee as established by the Council, such fees to be used for the expense of the City in connection with the review, inspections, approval or disapproval of said plat which may thereafter be submitted . E. Certifications Required on Final Plats 1. Notarized certification by owner, and by any mortgage holder of record, of the adoption of the plat and the dedication of streets and other public areas; 2 . Notarized certification by a registered land surveyor, to the effect that the plat represents a survey made by him and that monuments and markers shown therein exist as located and that all dimensional and geodatic details are correct ; 3. Certification by the City Attorney that the plat conforms to all the legal requirements of the City ; 4 . Space for certificates of approval to be filled in by the signatures of the Chairman of the Planning Commission, the Mayor and City Administrator ; a. The form of approval by the Planning Commission is as follows : " Approved by the Planning Commission of the City of Shakopee, this day of , 19 II Chairman b . The form of approval by the City Council is as follows : 341 1 " Approved by the City of Shakopee , Minnesota, this day of , 19 Mayor ATTEST: City Clerk I hereby certify that I have examined the Abstract of Title of this plat and hereby recommend this plat for approval . " City Attorney F. Supplementary Documents and Information 1. A complete set of construction plans for roadways, watermains, sewermains , storm drainage facilities and overlot drainage shall be submitted and approved by the City; 2. One ( 1) permanent Bench Mark shall be installed and established for each twenty (20 ) acres of development or fraction thereof . The Bench Mark shall be a 34 inch diameter geodetic disk set in accordance with the standard details approved by the City of Shakopee; 3 . Copies of restrictive covenants affecting the sub- division or any part thereof; 4 . An executed Developers Agreement ; 5 . A 400 foot scale reduction of the plat . SECTION 12 .06 . REQUIRED IMPROVEMENTS Subd. 1. General . A. Before a final plat is approved by the Council, the owner and subdivider of the land covered by the said plat shall execute and submit to the Council a Developer' s Agreement as prescribed by the Council, which agreement shall be binding upon them, their heirs, personal representatives and assigns . B. Construction plans for the required improvements conforming in all respects with the standards of the City Engineer and the ordinances of the City, shall be prepared at the subdivider ' s expense by a profession- al engineer who is registered in the State of Minnesota, 342 and said plans shall contain his seal . Such plans, together with the quantities of construction items , shall be submitted to the City Engineer for his approval and for his estimate of the total cost of the required improvements . The tracings of the plans approved by the City Engineer plus two prints shall be furnished to the City to be filed by the City Engineer as a record in the Engineering Department . No final plat shall be approved by the Council without first receiving a report from the City Engineer certifying that the improvements described herein, together with the agreements and documents required herein, meet the minimum requirements of all appli- cable ordinances . Drawings showing all improvements as built shall be filed with the City Engineer. C. All of the required improvements to be installed under the provisions of this chapter shall be inspected during the course of their construction by the City Engineer. All of the inspection costs pursuant there- to shall be paid by the owner or subdivider in a manner prescribed by the Council . D. If the City Council, upon the affirmative recommenda- tion of staff, determines that it is impractical for the subdivider or City to install any of the required improvements at the time of the lot split or sub- division because of unavailability of proper storm drainage, unreasonable segmentation of street or side- walk construction or inability to install necessary utilities, the Council may postpone the construction of such improvements until the conditions have been eliminated. In such case , the subdivider shall execute and deliver to the City an agreement for recording in the office of the Register of Deeds for Scott County, agreeing to be assessed for the costs of such improve- ments when constructed and waiving all rights to a hearing on the improvement and assessment . The agree- ment shall run with the land and be binding upon all successors in interest of the subdivider to the affected property . In such case, no bond or cash deposit will be required for the postponed improve- ments . Subd. 2 . Monuments . A. Monuments of a permanent character shall be placed in location on the boundary of the subdivision and within it as required by Minnesota Statutes 505 . 02 . B. Bench Mark monuments required in Section 12 . 05 , Subd. 1 (F) and 2 shall be installed in location approved by the City Engineer. 343 Subd. 3. Streets and Alleys . A. Streets and alleys shall be designed and constructed in accordance with the City of Shakopee Design Criteria and Construction Specifications . All construction shall be inspected by the City of Shakopee Engineering Department . B. The full width of the right-of-way of each street and alley dedicated in the plat shall be graded. The width shall comply with the surface provisions of this chapter and Class V MN/DOT aggregate or other suitable base shall be required as prescribed by the Engineering Department . C. All streets shall be surfaced with a bituminous surface or portland cement concrete. D. Curb and gutter sections shall be installed as development occurs on both sides of the roadway on all full width right-of-way to be dedicated in the plat all in accordance with adopted engineering standards , except in R-1 and I zones where waiver is recommended by the City Engineer. Subd. 4 . Sewers . A. Sanitary sewers shall be designed and constructed in accordance with the City of Shakopee Design Criteria and Construction Specifications. All construction shall be inspected by the Engineering Department . B. Storm sewers shall be constructed as prescribed by the Engineering Department to serve all properties in the subdivision where a natural outlet is avail- able or where a connection to the City storm sewer system is available at or reasonably near the boundary of the subdivision. Where no natural outlet is reasonably near the boundary of the subdivision, on-site detention or retention shall be required by the City. Subd. 5. Water Supply . Where a connection to the City water system is presently available at or reasonably near the boundary of the subdivision, water distribution facilities , including fire hydrants , shall be installed to serve all properties within the subdivision and shall be in accordance with policies of the Shakopee Public Utilities Commission. Subd. 6. Installation of Street Lighting. The subdivider shall provide for installation of street lighting and operation for a period of three (3) years as prescribed by the Utilities Manager. 344 Subd. 7. Installation of Sidewalks . The subdivider shall install sidewalks on both sides of an officially designated arterial street and on one side of collector streets, and walkways to schools; such collector streets and walkways to be determined by the Planning Commission and approved by the City Council. Subd. 8. Topsoil - Sodding and Seeding. Topsoil moved during the course of construction shall be redistributed but need not provide more than 4 inches of cover. Disturbed boulevard areas shall be seeded or sodded in accord with City specifications . Subd. 9. Drainage . A system that will adequately take care of water runoff within the subdivision shall be provided. The natural drainage system shall be used as far as is feasible for the storage and flow of runoff. The following requirements shall also apply : A. Stormwater drainage shall be discharged to marsh- lands, swamps, retention basins or other treatment facilities . Diversion of stormwater to marshlands or swamps shall be considered for existing or planned surface drainage. Marshlands and swamps used for stormwater shall provide for natural or artificial water level control. B. No existing ditch, stream, drain or drainage canal shall be deepened, widened, filled, re-routed or filled without written permission from the City Council. C . Where artificial channels must be constructed to augment the natural drainage system, such channels as well as the natural drainageway may be planned as part of a recreation trail system. Channels shall be designed to be aesthetically compatible with trail use. The Council may, upon the recommendation of the Planning Commission, determine that the subdivider install the storm sewer' s connections to the existing storm sewer system of the City within or adjacent to the subdivision. Subd. 10 . Public Utilities . A. Electric service and phone service installations to residential structures shall be underground from the main line to the residential structure except where extreme conditions prohibit and a variance from this requirement is authorized by the Planning Commission 345 upon advice of the Utilities Commission. Provisions shall also be made for underground connections of street lights as required from main lines to the street line installation. B. Where telephone, electric and/or gas service lines are to be placed underground, conduits or cables shall be placed within easements or dedicated public ways, in such a manner so as not to conflict with other underground services . All drainage and other underground utility installations which traverse privately-owned property shall be protected by easements . Subd. 11. Security Agreements for Required Improvements . Before a plat is released by the City to the developer for filing, the subdivider shall submit an executed Developer' s Agreement . The agreement shall be binding upon the subdivider and owner of the land, their heirs, personal representatives and assigners . SECTION 12. 07. DESIGN STANDARDS Subd. 1. Streets and Alleys . A. General 1. The arrangement of thoroughfares and collector streets shall conform as nearly as possible to the Comprehensive Plan. Except for cul-de-sacs , streets normally shall connect with streets already dedicated in adjoining or adjacent subdivisions , or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts . The arrangement of thoroughfares and collector streets shall be considered in their relation to the reasonable circulation of traffic , to topographic conditions , to runoff of storm- water, to public convenience and safety, and in their appropriate relation to the proposed uses of the area to be served . 2 . Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider at the same scale as set forth herein. 3. When a tract is subdivided into larger than normal building lots or parcels , such lots or parcels shall be so arranged as to permit the logical location and openings of future streets and appropriate resubdivision, with provision for adequate utility connections for such resubdivision. 346 B. Specific 1. Streets a. Widths . All right-of-way widths and pavement widths (face to face of curb) shall conform to the following minimum dimensions : Classifications Right-of-Way Roadway Rural Local Streets 60 feet 28 feet Arterials 100 feet 68 feet Collector Streets 80 feet 44 feet Local Streets 60 feet 36 feet Marginal Access Streets 50 feet 28 feet (Restricted Parking) b. Deflections . When connecting street lines deflect from each other at any one point by more than 10 degrees, they shall be connected by a curve with a radius of not less than 200 feet . c . Grades. All centerline gradients ahall be at least . 5 percent and shall not exceed the following: Classifications Gradient (percent ) Arterial Streets 6 Collector Streets 5 Local Streets 5 Marginal Access Streets 5 d. Street Jogs . Street jogs shall not be permitted. e. Local Streets. Local streets shall be so aligned that their use by through traffic will be discouraged. Dead end streets are prohibited, but cul-de-sacs will be permitted where topo- graphy or other conditions justify their use. f. Cul-de-sacs. Maximum length of cul-de-sac streets shall be 1,000 feet for rural service area and 500 feet for urban service area measured along the centerline from the inter- section of origin to end of right-of-way, and minimum diameter shall be 120 feet . Lot lines abutting cul-de-sacs shall be radial except in extreme cases where special permission may be granted otherwise. g. Service Roads . Where a subdivision abuts or contains an existing or planned service road or a railroad right-of-way, the Council may require a street approximately parallel to and on each side of such right-of-way for adequate protection of residential properties and to afford separation of through and local traffic . Such marginal access streets shall 347 • be located at a distance from the major thoroughfare of railroad right-of-way suit- able for the appropriate use of the inter- vening land, as for park purposes in residential districts , or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations . h. Half Streets. Half streets shall be prohib- ited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations; and except where the Council finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever there is a half street adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract . i. Surface. All street surfaces shall be designed and constructed in accordance with the Design Criteria and Standard Specifications and shall have a one-year warranty before being accepted by the City for maintenance . Curb and gutter or shoulder and bituminous surfacing shall be constructed at the same time. j . Reserve Strips . Reserve strips controlling access to streets shall be prohibited. k. Private Streets . Private streets shall not be approved nor shall public improvements be approved for any private streets. 1. Hardship to Owners of Adjoining Property Avoided. The street arrangement shall not be such as to cause hardship to owners of adjoining property in platting their own land and providing convenient access to it . m. Access to Arterial Roadway . In the case where a proposed plat is adjacent to an arterial road, the applicant is advised not to direct vehicle or pedestrian access from individual lots to such thoroughfares . Where possible, the subdivider should attempt to provide access to all lots via local streets and collector streets and to maintain approximately 4 mile interval between the intersection of the arterial and the collector streets. n. Platting of Small Tracts. In the platting of small tracts of land fronting thoroughfares where there is no convenient access to existing 348 entrances and where access from such plat would be closer than 4 mile from an existing access point , a service road 40 feet wide shall be dedicated across the tract . As the neighboring land is platted and developed and access becomes possible to the service road, direct access to the thorough- fares shall be prohibited. 2. Alleys a. Locational Requirements . Either a public street or alley shall be provided in commercial and industrial districts, except that this requirement may be waived where other definite and assured provision is made for service access , such as off-street loading, unloading and parking consistent with and adequate for the use proposed. Except where justified by special conditions , such as the continuation of an existing alley in the same block, alleys will not be approved in residential districts. Dead end alleys shall be avoided, whenever possible, but if unavoidable , such dead end alleys may be approved if adequate turnaround facilities are provided at the closed end. b. Widths . All alley rights-of-way and pavement widths shall conform to the following minimum standards : Classification Right-of-way Pavement Industrial or Commercial 20 feet 16 feet Residential (where permitted) 16 feet 12 feet c . Grades . All centerline gradients shall be at least . 5 percent and shall not exceed 8 percent . d. Surface. All alleys shall be designed and constructed in accordance with the Design Criteria and Standard Specifications and shall have a one-year warranty before being accepted by the City for maintenance. 3. Intersections . a. Angle of Intersections. The angle formed by the interesection of streets shall be 90 degrees . Any variance shall be approved by the City Engineer. b. Size of Intersection. Intersections of more than four corners shall be prohibited. c . Curb Return Radius . Curb return radius at intersections shall conform to the following table : 349 Curb Return Radius at Intersections Local Collector Arterial Local 15 20 25 Collector 20 20 25 Arterial 25 25 25 Industrial 25 25 25 4 . Curb and Gutter. Concrete curb and gutter may be required as a part of the required street surface improvement and shall thus be designed for install- ation along both sides of all roadways in accordance with the standards of the City . The City shall inspect all construction. a. Shoulder. Rural roadway sections shall consist of roadside ditches and 5 foot gravel shoulders . 5 . Sidewalks a. Location. The sidewalks shall not be located less than 1 foot from the property line , nor be adjacent to the curb except as determined in commercial areas . Sidewalks in industrial areas shall be located to conform to the anti- cipated pedestrian flow of the development . b. Widths . All sidewalks shall conform to the following minimum standards : Classification Width Single Family Zone 5 feet Multiple Family Zone & Public Building Sites 5 feet Commercial Zone 10 feet Industrial Zone 5 feet c . Grades. Sidewalks shall slope 4 inch per foot away from the property line and the profile grades shall conform to street grades . d. Planned Unit Development shall be subject to the location, widths , and grades set forth herein. 6. Pedestrian Ways . In blocks over 900 feet long, pedestrian crosswalks through the blocks , and at least 10 feet wide, may be required by the Council in locations deemed necessary to public health, convenience and necessity . 7 . Private Driveways . Lot contour elevations shall be such that private driveways intersecting the street shall have a uniform profile grade of at least 0. 5 percent or not greater than 10 percent . 350 Subd. 2. Easements A. Easements across lots or centered on rear or side lot lines shall be provided for utilities and drainage where necessary and shall be at least 10 feet wide for telephone or power line easements and 20 feet wide for drainage, sewer or water easements . Under- ground utility installation shall be required. B. Where a subdivision is traversed by a water course, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith. Subd. 3. Blocks A. Factors Governing Dimensions . Block length and width or acreage within bounding streets shall be such as to accommodate the size of residential lot required in the area by the Zoning Chapter and to provide for convenient access , circulation control and safety of street traffic . B. Length. Residential block lengths shall not exceed 1,300 feet. Blocks intended for commercial and indust- rial use must be designed as such, and the block must be of sufficient size to provide for adequate off- street parking, loading and such other facilities as are required to satisfy the requirements of the Zoning Chapter of the Shakopee City Code. C. Arrangements . A block shall be so designed as to provide two tiers of lots, rail- road it adjoins a rail road or major thoroughfare where it may have a single tier of lots. Subd. 4 . Lot Standards A. Size. The lot dimensions shall be such as to comply with the minimum lot areas specified in the zoning ordinance. B. Side Lot Lines . Side lines of lots shall be substantially at right angles to straight street lines or radial to curved street lines . C. Lots . Lots shall be graded so as to provide drainage away from building locations. 351 1 D. Natural Features . In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, wetlands , steep slopes , watercourse, historic spots, or similar conditions , and plans adjusted to preserve those which will add attractive- ness , safety and stability to the proposed development . E. Lot Remnants . All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots rather than allowed to remain as unusable parcels . F. Double Frontage Lots . Double frontage (lots with frontage on two parallel streets ) or reverse frontage shall not be permitted except : 1. Where lots back on an arterial street , in which case vehicular and pedestrian access between the lots and arterials street shall be prohibited. Such double-frontage lots shall have an additional depth of at least 20 feet in order to allow space for screen planting along the back lot line. 2 . Where topographic or other conditions render sub- dividing otherwise unreasonable. Such double- frontage lots shall have an additional depth of at least 20 feet in order to allow space for screen planting along the back lot line. G. Location. All lots shall abut their full frontage on a publicly dedicated street . H. Rural Service Lots . Rural service lots shall be designed in such a manner whereby septic tanks , drainfields and homes are located as to allow future subdivision of the land upon the requirement of the City Engineer where future urban service expansion is probable. The City may also require at the time of final subdivision approval that a covenant be recorded which requires the placement of future structures in accordance with approved preliminary plat design. Whenever a parcel of land is subdivided into lots containing one or more acres and there are indications that such lots may eventually be subdivided into smaller plats , the City Council may require that such parcel of land be divided so as to allow for the future construction of streets and the extension of adjacent streets . Easements providing for the future opening and extension of such streets may be made a require- ment of the plat . Subd. 5. Public Sites and Open Spaces 352 A. Pursuant to Minnesota Statutes 462. 358, the City of Shakopee does hereby require that in all plats of subdivisions to be developed for residential, commercial, industrial or other uses , or as a planned development which includes residential, commercial and industrial uses , or any combination thereof, a reasonable portion of each such proposed subdivision be dedicated for public use as parks , playgrounds , public open space, or storm sewer water holding areas or ponds , which reasonable portion shall not be less than 5 percent for commercial or i_1 '1nstri_al_ Plats ; not less than 10 percent for residential plats; 14 percent for multi-family residential , when 9 to 12 units per acre and 14 percent multi-family residential for first 12 units per acre, plus $250 per unit for the sum of thetnits greater than 12 units per acre. Said land shall be suitable for public uses as herein- before set forth and the City shall not be required to accept land which it determines would not be usable for public uses as hereinbefore set forth or which would require extensive expenditures on the part of the public to make them usable . Should the land required by the City to be dedicated have a greater fair market land value than the average fair market land value of the land in the plat , then the City shall only be authorized to require dedication of an amount of land equal to the above enumerated percentages of the fair market land value of all the property being platted. B. The City of Shakopee shall have the option of requiring a cash contribution in lieu of the land dedication set forth in Paragraph "A" of this Section, which contribution shall be based on the following schedules : 1. For each commercial or industrial plat or subdivision where the land is valued between $1. 00 and $200,000. 00, a cash contribution of 5 percent of said value; where the land is valued between $200,000. 00 and $1,000,000. 00, a contribution of $10,000. 00 plus 2 percent of the value over $200,000. 00; and for every plat or subdivision where the value is $1,000, 000. 00 or more , $26,000 . 00 plus 1 percent of the value in excess el' $ 1 ,000,000. 00 . 2. For each residential plat or subdivision, a contrib- ution of $250. ')0 per single family unit ; $400. 00 total per duplexes and $75 . 00 per bedroom for multiple family units up to and including 8 units prr acre. 3. For each multi-family residential pla or, subdivision.; a cash contribution of 14 percent of said value for 9 to 12 units per acre . 4 . For each multi-family residential plat or subdivision, a cash contribution of 14 percent of said value for the first 12 units per acre; plus $250 per unit for the sum of the units greater than 12 units per acre. 353 C. When structures are constructed on property which has previously been platted and on which plat no park dedication in cash or land was given to the City, a park dedication fee in accordance with the schedules hereinbefore set forth shall be paid at the time the building permit is issued. If the park dedication has been previously satisfied at the time of platting in accordance with the requirements then in existence, then no further fee shall be levied. D. When building permits are issued on property which is not platted and is not required to be platted prior to receiving a building permit , a fee shall be paid at the time of building permit issuance in accordance with the above schedules . E. Cash contributions in lieu of land dedication shall be based on the total fair market value of the land being subdivided. For the purposes of this section, "fair market land value" is defined as the market value of the land within such plat or subdivision as of the date presented to the City Council for preliminary approval, as determined by the City Assessor in the same manner as he shall determine the estimated market value of land for tax purposes , excluding from such determination any value added to such land by improve- ments serving such land, but including in such deter- mination the highest and best use to which the land can be put within the zoning district in force at the time of the platting. F. The actual dedications of any land as provided in this section shall be made at the time of the platting and as part of the platting, and any cash payments made in lieu of such land dedication shall be due and payable prior to the time final approval of the plat is given by the City Council of the City of Shakopee. However, at the request of any party submitting a plat , the City Council at its exclusive discretion may determine the amount of the cash payment required to be made of the developer at the time of final plat approval, and may enter into a contractural agreement with said developer to allow said payment to be deterred until a building permit or permits are issued for the lots in said plat . Any such deferrment shall be in accord- ance with the provisions of a contract , the form of which shall be approved by the City Administrator, which contract shall designate the amount to be paid in lieu of park dedication for each specific lot in the plat and which contract shall be filed with the Scott County Recorder as lien against the property . 354 G. Should the ultimate density use for such a lot be greater than the density originally presumed to determine the amount to be paid, said amount will be recomputed based on the actual density , and said amount will be paid at the time of building permit issuance. H. Where a proposed park, community center or recreation site is shown on the Future Land Use Plan of the City and is located in whole or in part in the area being sub- divided, the subdivider shall show such land on the final subdivision plat . Land in excess of the land required to be dedicated in Section 12. 06, Subd. 5 , may be dedicated by the developer as part of the sub- division approval. Land in excess of that required or agreed to be dedicated shall be differentiated by symbol on the final plat from the land to be dedicated. The acquisition of such additional land, other than required public rights-of-way, may be acquired by the proper governing bodies at the cost of unimproved land. Land reserved in excess of the amount of land required or agreed to be dedicated in Section 12. 06, Subd. 5, shall be reserved for acquisition by the proper governing body for one year from the date of approval of the final subdivision plat . The proper governing body may waive this requirement if they do not plan to acquire the land within the year. I. Whenever a tract of land to be subdivided includes a proposed school, police station, fire station or other public building, which is shown on a City Council approved plan, the developer shall include such space on his preliminary subdivision plat as a "reserved" use. J. Land indicated as a "reserved" use under Section 12. 05 , Subd. 5 J, may be acquired using the following pro- cedures : 1. Referral to Public Body . The City Administrator shall refer the plat to the public body concerned with the acquisition for its recommendation. The Planning Commission may propose an alternate area for such acquisition and shall allow the public body 60 days for reply. The public body ' s rec- ommendation, if affirmative, shall include a map showing the boundaries of the parcel to be acquired and an estimate of the time required to complete the acquisition. 2. Notice to Property Owner. Upon receipt of an affirmative report from the public body, the City Administrator shall notify the property owner and subdivider. The subdivider shall then indicate the boundary of any area proposed to be acquired on the final subdivision plat as "reserved" land. 355 K. The acquisition of "reserved" land by a public body, as shown on the final plat , may be initiated within 12 months after recording of the subdivision. Failure on the part of the public body to initiate acquisition within the prescribed 12 months shall result in the removal of the "reserved" designation from the property involved and the freezing of the property for develop- ment . L. Where private open space for park or recreation purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, a credit of up to 25 percent of the requirements of Section 12. 06 , Subd. 5 B, may be given, provided that the following conditions are met : 1. That such land area is not occupied by non- recreational buildings and is avilable for the use of all the residents of the proposed sub- division; 2. That required setbacks shall not be included in the computation of such private open space; 3. That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract and which cannot be defeated or eliminated without the consent of the City Council; 4 . That the proposed private open space is of a size, shape, location, topography and usability for park and recreational purposes or contains unique national features that are important to be pre- served; 5. That the proposed private open space reduces the demand for public recreational facilities to serve the development . M. Should the City of Shakopee exercise its right under this subdivision to require actual land dedication pursuant to Paragraph "A" hereof, and should the amount of land so dedicated be insufficient to meet the public needs as contemplated therein, the City reserves the right to obtain by negotiation or condemnation any additional land necessary to effect- uate the public purposes contemplated herein. Subd. 6. Buffering Residential Subdivision Adjacent to Intermediate and Principal Arterial Roads . In all residentially zoned areas determined by the administrator to have significant noise impact within 125 feet of the roadway right-of-way or areas of noise impact estimated to maintain ambient decibel ratings of 70dBA or greater, one or a combination of the following subdivision design requirements shall apply : 356 A. Lots adjacent to the roadway right-of-way shall be sized wherein a 125 foot buffer strip be provided as additional setback to lot depth or width standards supplementary to the minimum lot size and setback of the zoning provisions of the applicable district . B. An earth berm or other acceptable barrier technique shall be constructed to abate noise impact adjacent to roadway right-of-way equal to or below the 70dBA standard accompanied by the following: 1. A plan showing the existing and anticipated noise levels in dBA that are or will be expected on the site and in the immediate vicinity of the site. 2. A description of the site plan construction techniques , architectural designs , and other measures expected to be taken to reduce ambient noise levels . Such description shall include sufficient plans and other drawings to enable the City to accurately identify the noise reduction measures expected to be taken. 3. Prior to approving a preliminary plat as required by this ordinance, the City shall determine that the noise levels will be successfully reduced to meet the ambient 70dBA standard. SECTION 12. 08. SMALL SUBDIVISIONS Where there are practical difficulties or unnecessary hard- ships in the way of carrying out the strict letter of the provisions of these regulations , the City Council, following consideration of the Planning Commission, shall have the power to vary the requirements established in harmony with the general purpose and intent thereof, so that the public health, safety, and general welfare may be secured and substantial justice done. In particular, for small subdivisions of a minor nature in size or complexity, certain requirements of these regulations may be waived if the City Council, following consideration by the Planning Commission, so determines , and following compliance with procedures as follows : A. Simple Lot Split . When one parcel or lot of record is divided to result in two lots or parcels , or existing platted property is split into 2 to 5 parcels , the submission of topographic maps , soil tests, Develop- er' s Agreement and other data may be waived if approved by the City Council. Transfer of title or the process of subdividing may be by filing of a final plat, metes and bounds or Registered 'Land Survey . 357 SECTION 12. 09. REGISTERED LAND SURVEYS AND CONVEYANCE BY METES AND BOUNDS Subd. 1. Registered Land Surveys . It is the intention of this chapter that all Registered Land Surveys in the City should be presented to the Planning Commission in the form of a preliminary plat in accordance with the standards set forth in this chapter for preliminary plats and that the Planning Commission shall first approve the arrangement , sizes and relationship of proposed tracts in such Registered Land Surveys , and the tracts to be used as easements or roads should be so dedicated. Unless such approvals have been obtained from the Planning Commission and Council in accordance with the standards set forth in this chapter, building permits will be withheld for buildings on tracts which have been so subdivided by Registered Land Surveys and the City may refuse to take over tracts as streets or roads or to improve, repair or maintain any such tracts unless so approved. Subd. 2. Conveyance by Metes and Bounds . The City may refuse to accept the dedication of streets or to improve , repair or maintain them adjacent or abutting upon any tract conveyed contrary to law. SECTION 12. 10. RURAL INDUSTRIAL AND COMMERCIAL AREAS Due to the threat of premature development without adequate urban services , all commercial and industrial zoned area designated in the Shakopee Land Use Plan for future urban service expansion shall not be allowed on less than 20 acres to subdivide until the urban services of sanitary sewer and water supply are provided. Subdivision may take place in the future urban service expansion areas designated industrial or commercial once the City Council of Shakopee orders the necessary improvement projects. SECTION 12. 11. PLANNED UNIT DEVELOPMENT Subd. 1. Intent . This chapter is intended to encourage residential, commercial and industrial planned unit developments offering greater creativity and flexibility in site plan design than is provided under the strict application of zoning regulations, while at the same time preserving the health, safety, order, convenience, prosperity and general welfare of the City of Shakopee . Planned unit developments may include one or a variety of land uses . Mixed uses may include any combination of residential , commercial , industrial or agricultural uses planned and developed in an orderly and compatible relationship to one another. 358 A. Permitted Uses . Uses permitted in a planned unit development may consist of one or a mixture of land uses clearly designated by type on the approved final development plan. Mixed uses may occur among or within buildings as long as the uses are compatible with each other and with planned and existing uses surrounding the PUD. B. Special Uses. Any land use not clearly designated by type on the approved final development plan shall be permitted in a PUD only upon issuance of a Conditional Use Permit . C. Density. Density shall be governed by the standards of the zoning district most similar in function to the proposed use. A residential PUD may provide an increase in the number of units per acre if the PUD provides substantially more site amenities than are found in a convential residential development . The character, use of existing landscape, design variation and environmental concern of a PUD shall govern the amount of density increase which may be approved. D. Determining Standards. Standards for lot area, coverage, setbacks, parking and screening shall be governed by the standards of the zoning district most similar in function to the proposed PUD use, as determined by the Planning Commission. Deviation from those standards may be permitted only if such deviation is consistent with the total design of the development , encourages a desirable living environment and is not detrimental to the welfare of the City. E. Homeowner' s Association. Council may require a Home- owner' s Association where is deemed necessary . F. Minimum Useable Open Space . At least 20 percent of the area of the residential portion of a PUD is normally required as open space . Where private open space for park or recreation purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, a credit of up to 40 percent of the requirements of Section 12 . 07 , Subd. 5A, may be given, provided that the following conditions are met : 1. That such land area is not occupied by non- recreational buildings and is available for the use of all the residents of the proposed subdivision; 2 . That required setbacks shall not be included in the computation of such private open space; 359 3. That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract and which cannot be defeated or eliminated without the consent of the City Council ; 4 . That the proposed private open space is of a size , shape, location, topography and usability for park and recreational purposes or contain unique natural features that are important to be preserved ; 5. That the proposed private open space reduces the demand for public recreational facilities to serve the development . G. Application for Preliminary Development Plan Approval . Before the Planning Commission may review a preliminary development plan, the plan and an application shall be submitted to the City Planner at least 20 days prior to the Planning Commission meeting. The application shall be signed by the property owner and the developer. The preliminary development plan shall include the following items : 1. Building elevation drawings , except that the City Planner may waive this requirement; 2. Existing trees over 6 inches in trunk diameter measured at 2 feet above grade , streams , marshes and other predominant natural features; 3. Phasing schedule stating the geographical phasing and approximate construction timing of the PUD or portions there6f; 4 . Preliminary grading and drainage plan at 2 foot contour intervals; 5 . Preliminary landscape plan; 6 . Preliminary plat in accordance with Section 12. 04. The City Planner may defer submission of the preliminary plat until the final development plan is submitted; 7. Preliminary utility plan for all public utilities; 8. Site plan showing the lot lines , building locations , street system, parking spaces, drives , common open space areas , recreational improvements and structures and proposed park or school sites; 360 9. Summary sheet indicating the area of land in each land use, number of units proposed, density of development , percentage of land in usable open space, number of acres of common space and number of parking spaces provided; 10. Typical floor plans of each type of building, except that the City Planner may waive this requirement ; 11. Vicinity map showing sufficient area surround- ing the proposed PUD to demonstrate the development ' s relationship to the adjacent land uses and street system. H. Preliminary Development Plan Approval. Within 60 days after the application for preliminary development plan approval is submitted, the Planning Commission shall conduct a public hearing to consider the preliminary development plan. The Planning Commission shall make a decision on the proposal within 60 days of the public hearing. The findings necessary for approval shall include, but not be limited, to the following : 1. The PUD is consistent with the intent of this chapter; 2. The PUD meets the standards required for a conditional use in Section 11. 04, Subd. 6; 3 . Each stage of the PUD can exist as an independent unit; 4 . The area surrounding the PUD can be planned and developed in coordination and substantial compatibility with the proposed development; Application for Final Development Plan Approval : 1. Final site plan with all pertinent dimensions shown to the nearest foot ; 2 . Final grading, drainage, utility, lighting and landscape plans; 3. Sign plan specifying design, height , location, size and illumination; 4. Deed restrictions and instruments dedicating all rights-of-way, easements and public lands drafted to the satisfaction of the City Attorney, insuring the preservation and maintenance of the common open space areas; 5 . By-laws of the proposed Homeowner' s Association, if required; 6 . Building elevation drawings . This requirement may be waived by the City Planner; I. Official Map Designation. After approval, the PUD shall be designated on the City ' s Official Zoning Map. 361 4 J. Final Development Plan Changes . Any significant changes in the approved final development plan may be made only after a public hearing by the Planning Commission and approved by the City Council. No changes in the final development plan may be made unless they are shown by the developer to be required by changes in conditions or circumstances not foreseen at the time of the final plan approval. Any significant changes shall be recorded as amendments to the approved final development plan. Minor changes must be approved by the City Administrator. K. Termination of Final Development Plan Approval . If final development plan approval is given to a developer and thereafter he wishes to abandon the plan, the developer shall notify the City in writing. If the developer fails to commence the development within 12 months or upon a finding by the Planning Commission that there has not been substantial development (as indicated by installation of utilities or completion of 5 percent of the proposed floor area) within the site area within 24 months after final development plan approval has been granted, such final development plan approval shall be terminated after public hearing by the Planning Commission and upon approval by the Council . Such time period may be extended by the Council upon written application by the developer. L. Extended Staged PUD. It is recognized that certain planned unit developments may involve construction over an extended period of time. If it is proposed to develop a project during a period exceeding 2 years , the developer may request concept approval from the Planning Commission and City Council for the entire project and permission to submit application for preliminary development plan approval on the first stage of the project. A public hearing shall be required by the Planning Commission for consideration of concept approval as well as for each stage of develop- ment in the extended staged PUD. Each stage of the PUD shall require both preliminary and final develop- ment plan approval. SECTION 12. 12 ENVIRONMENTAL PROTECTION Subd. 1. General A. In the subdividing of any land, due regard shall be shown for the protection of all natural terrain features of the site which if preserved, as required herein, will add to the attractiveness and stability of the proposed development . 362 B. No subdivision or plat shall be approved which fails to meet the following requirements and standards : 1. Wetlands . Filing in a wetland shall not exceed the excess storage and nutrient stripping capacities of the wetland based on the ultimate projected development of the wetland watershed. Wetlands or other water bodies shall not be used as primary sediment traps during or after construction. 2 . Dredging. Dredging of water bodies shall be permitted only when it will not have a sub- stantial or significant adverse affect on the ecological and hydralic characteristics of the water body and is proposed for a purpose con- sistent with the Comprehensive Guide Plan of the City. 3. Slopes . Development shall be permitted on land having a slope in excesu of 12 percent only if applicant can prove that the following conditions are met : a. The foundation and underlying material of any structure including roads , shall be adequate for the slope conditions and soil type; b. Adequate controls and protection exist uphill from the proposed development such that there is no danger of structures or roads being affected by mud, uprooted trees or other materials and the soil shall be controlled; c . All retaining walls in excess of 30 inches must be approved by the City Engineer. The use of metal retaining walls is specifically prohibited; d. No on-site disposal system shall be placed on a slope of greater than 12 percent . The natural slope may not be altered in any way where the septic tank system or part thereof is to be located. The drain lines shall be located parallel to contour lines; e. In no case shall slopes with a natural slope in excess of 18 percent be developed. 4• Run-off. The proposed development will not increase the run-off rate of storm water so as to cause an adverse effect upon adjacent lands . 5 . Erosion. Erosion protection measures shall make maximum use of natural in-place vegetation rather than the placing of new vegetation on-site as erosion control facilities. The use of natural erosion control devices shall be preferred to the maximum extent over the construction of art- ificial drainage devises including culverts , holding ponds and ditches . 363 I 6 . Location. The development shall be located in such a manner as to minimize the removal of vegetation and alteration of the natural topo- graphy . 7 . Soil Conditions . The applicant shall demonstrate that the types and densities of land use proposed shall be suited to the site and soil conditions and shall not present a threat to the maintenance of the ground water quality, a potential increase in maintenance cost of utilities , parking areas or roads and shall not be subject to problems due to soil limitations including but not limited to, soil bearing strength, shrink/swell potential and excessive frost movement . 8 . Debris . No cut trees, timber, debris, earth, rock, stones , rubbish or waste materials of any kind shall he buried in any land nr left or depotited on any lot or street without the approval of the City Engineer. Said debris shall also be removed no later than the time when the performance bond shall be released by the City or at such earlier time as determined by the City ' s Director of Public Works . 9. Topsoil. Topsoil removed from lots during construc- tion shall be stockpiled for re-spreading over lots and shall not be sold or otherwise removed from the subdivision area unless the removal of excess topsoil is approved by the City Engineer. 10. Sodding. On grades or exposed areas which are not sodded, lawn grass seed shall be sown at not less than 4 pounds to each 1,000 square feet of land area. It is recommended the seed shall be sown between March 15th and May 15th; and between August 15th and September 30th. Seeding during other periods shall be approved by the City Planner. The seed shall consist of a maximum of 10 percent rye grass by weight and a minimum of 90 percent of permanent bluegrass and/or fescue grass by weight. SECTION 12 . 13. VARIATIONS AND EXCEPTIONS Subd. 1. Hardships . Where the Planning Commission finds that extraordinary hardships or particular difficulties regard- ing the physical development of land may result from strict compliance with these regulations , it may recommend variations or exceptions to the regulations so that sub- stantial justice may be done and the public interest secured, provided that such variation or exception shall not have the effect of nullifying the intent and purpose of this chapter; and further provided the Planning Commission shall not recommend variations or exceptions to the regula- tions of this chapter unless it shall make findings based upon the evidence presented to it in each specific case that : 364 A. The granting of the variation will not be detrimental to the public safety , health, or welfare or injurious to other property or improvements in the neighborhood in which the property is located. B. The conditions upon which the request for a variation is based are unique to the property for which the variation is sought , and are not applicable, generally, to other property. C . Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter. D. The special conditions and circumstances do not result from the actions of the applicant . E. Because of the particular physical surroundings , shape , or topographical conditions of the specific property involved, a particular hardship to the owner would result , as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out. Subd. 2. Conditions . In recommending variations and exceptions , the Planning Commission may require such conditions on a plat of subdivision as will, in its judgment , secure substantially the objectives of the standards or requirements of this chapter. Violations of such conditions and safeguards , when made a part of the terms under which variance is granted, shall be deemed a violation of this chapter. Subd. 3. Procedure for a Variance . A petition of any such variance shall be submitted in writing by the subdivider at the time the preliminary plat is filed for consideration by the Planning Commission. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner with specific attention to the conditions stated in Subd. 1 of this section. SECTION 12. 14 APPEALS Any person aggrieved by an objection to a plat or a failure to approve a plat may, within 60 days of notification of such objection or rejection of the plat, have such decision reviewed by an appropriate remedy in a proper court of record. SECTION 12. 15 AMENDMENTS For the purpose of promoting the public health, safety, and general welfare, the Council may from time to time amend the 365 tCt . regulations imposed by this chapter. The Planning Commission shall hold a public hearing on proposed amendments and make recommendations thereon to the City Council. Proposed amendments may be initiated by the Council, the Planning Commission, the City Administrator or petitioners . SECTION 12. 16. ENFORCEMENT Subd. 1. Legal Enforcement . It shall be the duty of the City Adminis- trator to enforce this chapter and to bring any violations or lack of compliance herewith to the attention of the City Attorney . Subd . 2. Non-compliances . If the City Administrator or his sub- ordinates shall find that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations , indicating the nature of the violations , and ordering the action necessary to correct it . He shall order discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violations of its provisions . Subd . 3. Transfers and Sales . No owner, or agent of the owner, of any parcel of land located in a proposed subdivision shall transfer or sell such parcel before a plat of said sub- division has been approved by the City Council, in accordance with the provisions of this chapter, and has been filed with the County Recorder/Registrar of Titles of Scott County, Minnesota. Subd. 4. Building Permits . No building permit shall be issued for the construction or repair of any building or structure located on a lot or plat subdivided or sold in violation of the regulations of this chapter unless waived by resolution of the Council. Subd. 5. Final Plat . No final plat shall be approved which does not comply with all the provisions of this chapter, and no plat shall be filed with the County Recorder/Registrar of Titles which does not bear the signatures of the Chairman of the Planning Commission, the Mayor, City Admin- istrator and the City Attorney . SECTION 12 . 17. VIOLATIONS Subd. 1. Sales of Lots from Unrecorded Plats . It is unlawful to sell, trade, or otherwise convey any lot as a part of, or in conformity with any plan, plat or replat of any sub- division or portion of the City unless said plan, plat or replat shall have first been recorded in the office of the County Recorder/Registrar of Titles of the County . 366 Subd. 2. Receiving or Recording Unapproved Plats . It is unlawful to receive or record in any public office any plans , plats , or replats of land laid out in building lots and streets , alleys or other portions of the same intended to be dedicated to public or private use, or for the use of purchasers or owners of lots fronting on or adjacent thereto, and located within the jurisdiction of this chapter, unless the same shall bear thereon, by endorsement or otherwise, the approval of the Planning Commission and the City Council. Subd. 3. Misrepresentations . It is unlawful for any person owning an addition or subdivision of land within the City to repre- sent that any improvement upon any of the streets , alleys or avenues of said addition or subdivision or any sewer in said addition or subdivision has been constructed according to the plans and specifications approved by the Council, or has been supervised or inspected by the City, when such improvements have not been so constructed, supervised or inspected. SECTION 12. 18 . SOLAR ACCESS Subd. 1. General . All new subdivisions shall be designed so that the maximum number of buildings shall receive sunlight sufficient for using solar energy systems for space, water or industrial process heating or cooling. A. At the time a subdivider or developer submits a preliminary plat for Planning Commission review, a solar energy statement for the proposed development shall be presented for consideration. B. Each proposed subdivision shall require a minimum of 50 percent of solar lots. Subd. 2 . Streets . To provide increased opportunity for south orientation of structures , streets shall be designed running in east/west directions and lots designed on a north/south axis . This provision shall apply where conditions reasonably warrant such design. Subd. 3. Manual . For purposes of design, the City will provide a manual outlining design criteria for solar access . Said criteria shall also be used by the City in making staff reviews of each new subdivision. Subd. 4 . Compliance . The Planning Commission may recommend to the City Council that specific; :;o_lar standard;; be modified and/or waived under the following circumstances : A. The topography of the site is unsuitable for purposes of compliance with some or all of the solar standards . 367 B. Compliance with some or all of the solar standards would adversely affect the natural features of the area being proposed for development . C . Other design techniques such as clustering is a suitable means of achieving more efficient solar orientation and access . D. Other designs that may be more suitable or energy efficient are proposed in lieu of, or in combin- ation with, solar energy systems or solar structures . Subd . 5 . Variance . A reason for granting a variance to any provision of these "Subdivision Regulations" or the City ' s Zoning Ordinance may be the inability to obtain direct sunlight for solar energy systems and said inability may be determined to constitute an undue hardship according to Minnesota State Statutes - Energy Act - Chapter 786. SECTION 12 . 19 VACATION OF PLATS Any plat or any part of any plat may be vacated by the owner of the premises , at any time before the sale of any lot therein, by a written instrument , to which a copy of such plat shall be attached , declaring the same to be vacated. Such an instrument shall be approved by the Planning Commission in like manner as plats of subdivisions . The City Council may reject any such instrument which abridges or destroys any public rights in any of its public uses , improvements , streets or alleys . Such an instrument shall be executed, acknowledged or approved, and recorded or filed, in like manner as plats of subdivisions; and being duly recorded or filed shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the streets, alleys , and public grounds , and all dedications laid out or described in such plat . When lots have been sold, the plat may be vacated in the manner herein provided by all the owners of lots in such plat joining in the execution of such writing. Source : City Code Effective Date : (Section 12 . 20 through 12. 98, inclusive , reserved for future expansion) 368 SECTION 12. 99. VIOLATION A PETTY MISDEMEANOR Every person violates a section, subdivision, paragraph or provision of this chapter when he performs an act thereby prohib- ited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a petty misdemeanor, except as otherwise stated in specific provisions hereof. Source : City Code Effective Date : 369 1;76U- MEMO TO: John Anderson City Administrator FROM: H. R. Spurrier .1) k City Engineer RE : Infiltration/Inflow A .lysis DATE : March 27 , 1981 Introduction : In Adj . Reg. Session of City Council August 19, 1980, Bonestroo, Rosene, Anderlik & Assoc . , Inc . were selected to perform an Infiltration/Inflow Analysis pursuant to recommendations made by Harza Engineering Company as a part of the Analysis Community Flows in the Southwest Facility Planning Study . Background : Subsequent to the selection of Bonestroo, Rosene, Anderlik & Assoc . , Inc . , City staff and the consultant ' s staff have met on several occasions to establish the scope of the work and draft a Professional Services Agreement . A copy of that agreement containing the scope of the work is hereto attached. The scope of the work embodies that work judged by City staff and the consultants as being the minimum amount of work necessary to evaluate the Shakopee system. In order to qualify for Infiltration/Inflow Analysis Grant Funds , it is necessary to adopt Resolution No. 1809, a resolution that : 1) Authorizes the appropriate City officials to execute a "Pass-Through" Agreement with Metropolitan Waste Control Commission; 2) Designates the City Administrator as the grantee- reviewer; 3 ) Authorizes the grantee-reviewer to execute EPA Form 5700-41; 4 ) Direct proper City staff to forward the Professional Services Agreement with Bonestroo, Rosene, Anderlik & Asso . , Inc . to Minnesota Pollution Control Agency for review. John K. Anderson March 27 , 1981 I/I Analysis Page -2- The "Pass-Through" Agreement with MWCC authorizes MWCC to disburse grant funds to the City of Shakopee for the I/I Study . In that Agreement , the City also agrees to pay any part of the I/I Study not funded by the 75 percent Federal grant which would include the 10 percent local match and any part of the 25 percent State match not funded in future fiscal years . The EPA Form 5700-41 certifies that the City has reviewed the cost- price summary and that the proposed cost-price appears acceptable for sub-agreement and award. I had earlier estimated that the I/I Analysis would be within 6 percent of the amount specified in the proposed Professional Services Agreement . That amount is judged to be acceptable . The "Past-Through" Agreement and the Professional Services Agreement with the Form 5700-41 executed will upon adoption of Resolution No. 1809, be forwarded to the MPCA for review. With the approval by MPCA of the Professional Services Agreement with the Form 5700 and execution of the "Pass-Through" Agreement by MWCC , the City will then execute the proposed Professional Services Agreement with Bonestroo, Rosene, Anderlik & Assoc . , Inc . Bonestroo was selected after following procedures specified in 40 CFR, 33 and 35 . Fiscal : The consultant has revised the cost-price summary from a total $27 ,000 . 00, as indicated in the original proposal, to $36, 996 . 00. The amount of the increase is due to the difference in the proposed workplan and the actual scope in the Professional Services Agree- ment . The City must pay 100 percent of the cost of these services and then Metropolitan Waste Control Commission will reimburse the City 90 percent of that amount according to the proposed agreement between the City of Shakopee and Metropolitan Waste Control Commission. The proposed sanitary sewer budget has funds from which to make those payments . Recommendation: The recommendation of City staff is that Council adopt Resolution No. 1809. HRS/j iw Attachments : Professional Services Agreement Pass-Through Agreement Proposed Work Plan in Proposal Resolution No. 1809 5 . Scope . A . Grant-In-Aid Application Preparation. { City expects participation of consultant in preparation and submittal of grant application, including Engineering Services Agreement and Form 5700-41 and other supporting documents necessary to rain state and EPA funding of tl,e 1/I Analysis . B . Historical Data : 1) Assist the City in initiating a Basic Public Participation Program as defined by the US EPA; such assistance will include providing materials for and attending two public hearings to be conducted at the beginning and at the conclusion of the project . E, 2) Review and evaluate existing records including maps and previous studies prepared for the City . 3) Interview key personnel knowledgeable with the City ' s sanitary sewer system and its associated problems . 4 ) Collect and analyze the following: a) MWCC Waste Flow records of relevance to the City ' s sanitary sewer system. b) SPUC water pumpage and sales records. c ) Private well usage records and their estimates . d) Meteorological data, topographical characteristics , soil characteristics • and groundwater table data. e) Age of the sanitary sewer system ir_ter- ceptor served . 5 ) Review and evaluate previous I/I investigation, main- tenance records , television inspections , smoke testing, building inspections or other appropriat _, information. 6) Divide the sewer system into drainage districts or sub-systems based on land use topography, age of system and drainage criteria, taking into consider- ation and isolating areas where excessive I/I is apparent . -2- . (,5 • C. System Monitoring. 1) Install and monitor at least two but no more than five static groundwater observation wells at selected locations throughout the system to aid in determining seasonal and climatic ground- water fluctuations . Index these observation wells to City of Shakopee USGS 1.9?9 datum bench loops . 2) Install and monitor one continuous recording type rain gauge at a selected location in Shakopee. • 3 ) Undertake a program or Now monitoring at selected manholes within the system in order to establish base and peak flows. 4 ) Monitor the flow through MWCC meters M-401, i -404 M-400 , M-409 for the purpose of comparing the • relative accuracy of these meters so that meter error may be eliminated as the difference between theoretical and actual flows . 5) Evaluate the creed- ry of flow meters at the following industrial sites : a) Rahr Malting Co. (2) b ) Midland Glass Co. ( 1) c ) Air Products ( 1) d) Fremont Industries ( 1) e ) Owens-Illinois Forest Products Divisioon ( 1 ) D. Data Analysis . 1) Compute base and peak waste water flow rates 4 for the City ' s sanitary sewer system based on a metered sampling of residents . 2) Identify the presence, quantity and type of infiltration or inflow that exists within the sanitary sewer system. 3) Evaluate each sub-system using USEPA Program Requirement Memoranda (PRMA) 78-10 cost- effectiveness criteria. 4 ) Determine current average and peak flow condition for the sub-systems and project these flows for future conditions. 10, 5 ) Evaluate each sub-system using cost-effcti: ness criteria to determine where sewer .3yst _m ` evaluation , and survey investi{;ation are required . k -3- E. Final Heport . Prepare a report summarizing the investigation and ident- ifying the scope of any additional sewer system evaluation investigations in the sub-systems found to have I/I sources which appear to be cost-effective to eliminate. Present the results of the detailed Infiltration/ inflow Analysis-, . Judy in a report form to the City , the Metropolitan Waste Control Commission, Minnesota Pollution Control Agency and the United States Environmental Protection Agency. The report will provide necessary information to document the non- existence or possible existence of excessive infiltration/ inflow in the City ' s sanitary sewer system based on USEPA cost-effectiveness analysis guidelines . A plan for sewer systems evaluations surveys shall also be included if warranted by the study . The CONSULTANT shall assist the City in concluding the Basic Public Participation Propram, provide material: for and attend the final hearing to be conducted at the conclusion of the project , assist the owner in preparing: the Responsiveness Summary to be incorporated in the report following the final public hearing. f fi 1 0 -4- . • SECTION III -- MUTUAL OBLIGATIONS OF THE CITY AND THE CONSULTANT /a-/ A. This Agreement does not guarantee to the CONSULTANT any work except as authorized in accordance with Section I above , or create an exclusive Consulting contract. B. All of the services contemplated under this Agreement are personal and shall not be assigned , sublet or transferred without the written consent of the City. C . The CONSULTANT and any and all of its personnel utilized by the City under the terms of this Agreement shall remain the agents and employees of the City. D. The drawings , calculations , specifications , estimates , etc . , produced by the CONSULTANT under the terms of this Agreement, when accepted, and paid for by the City , shall become the property of the City , howev this provision shall not preclude the CONSULTANT from retaining copies of such materials for his records . E . Whenever possible the period of performance of any specific project undertaken by the CONSULTANT shall be mutually determined by the City and the CONSULTANT prior to the time that notice to proceed on such work is given by the City. SECTION IV -- PAYMENT AND FEE SCHEDULE It is understood and agreed by and between the parties hereto , that the City shall pay the CONSULTANT for services furnished , and the CONSULTANT shall accept as full payment for such services , amounts of money computed as follows : - A. Payment for Grant-In-Aid Application . The City agrees to pay and the CONSULTANT agrees to accept for technical and professional services contained in Article 5.A of Section I of this Agreement contracted herein, a sum not to exceed $500 . 00. It is understood and agreed that this fee for grant application preparation costs are not eligible for USEPA or MPCA grant assistance. B. Total Compensation. The City agrees to pay and the CONSULTANT agrees to accept for the technical and professional services contained in Articles 5 . B, 5 . C , 5 , U and 5 . E of :lection 1 of this Agreement contracted herein a sum not to exceed $ 36,996 This fee shall include a Fixed Fee of 4,661 and a •dost Ceiling of $ 32,329 , but 'shall not include any amcu:.„ for Grant-in-Aid - ir,:paration specifio,i i„ Article A above . The fee shall include all services rendered by the CONSULTA: 1 tn,der • this Agreement including all travel , living and overhead expenses . incurred by the CONSULTANT in cent ecu ia:. with performing the services herein except for special services authorized writing by the City. The sum above stipulated shall be considered a No: to r.xceedtt cost o the City . COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS Farm Aprroved (S, •„•( ,>n.p.In tog in.Niru, trunr. !r, (nr,• , ,nr:pf,•rrnr2 Ihl.. form) '.%11B 'Vo. 158-R01.14 PARTI-GENERAL I. GRANTEE Metropolitan Waste Control Commission and -I2.ARAN=N',MRH.a— Agreement with City of Shakopee, MN 3. NAME OF CONTRACTOR OR SUBCONTRACTOR 14. CATE Oe Prep PosaL Bonestroo, Rosene, Auderlik & Associates, Inc. I S. ADDRESS OF CONTR4;:TOR OR SUBCONTRACTOR (lnch,de ZIP code) ; 7.PE OF cErvICE TO BE F:)RNISHFC 2335 W. Trunk Highway 36 Engineering for I/I Analysis St. Paul, MN 55113 Shakopee, Minnesota PART II-COST SUMMARY _ ESTI-7. OIRFCT LABOR ,'. fv loI,nr rote ,one MATED HOURLY I SSTIMATEO pe„ R• ) I RATE rCC;ST TOTALS --_- NO(1R'. 1 -_- Principal 16 Is 31.00 s 496 ---- - • -_,. ...°' Associate Principal _ __- L_ 60 _ 24.00 1,440_—.____. - I . Sr. Design_Eq_gineer_ 60 22.50 _ 1L350 _ _ __ . Design Engineer - -- 344 —13.90__ 4782 Sr, Technician 128 12,75 _1-_1 632 Technician _ _ _ 120 6.25 750 Clerical DIRECT LABOR TOTAL: 48 9,00 432 S 10,882 ESTIMATED -� s�,.a'•- a. INDIRECT COSTS(Sper,ly ,ndrect cost pools) RATE x BASE _ COST ----- — ------- - -- — -.649 s 10,882 s 7,062 INDIRECT COSTS TOTAL: .. 5 7.052 j q• OTHER DIRECT COST.. .- .._ - 1 ' � ------ ----- -- E T I`r A T E C a. -R•vrtCOS' I (1) -,....,..nn,_,,-,,,N 1600 miles @ 10._20/mi. 320 - t ils _—.—_ • r TR4vEL SUBTOTAL: I . _ 77. is 320 h. EOUIPMSNT. "ATCPIALS. SUPPLIES(Sr,e,-if, r„t^a,r+•• ) I OTV OST ESTIMATED , COST _ Recorder Rental 9 s JS 6,090 Recorder Weir Material 11 25 each 275 i Smoke Bombs 150 I2 each 300 g Printing IL.S. I .._5_00___, .-. . _ EQUIPMENT SUBTOTAL: I I 7,165 i : c. 511 P.CO•.T'eC TSi— - .- -- -----' ------ -- _. �.� -. _. Assistance with Flow Monitoring and Data Analysis (MBE) 5 400 _ _ • Groundwater Gauge Installation _�_1 L5_00 � Sl19CONTRACTS SUBTOTAL: I. T i 6 900 r.. THFP(Fner,ly r„r'Annes) I Ce' is ---- .- ry i PI OTHER SUBTOTAL: _ _ i 4 e OTHER DIRECT COSTS TOTAL: -y • I ____:- 14,355 to .;,TAL ESTIMATED COST------'--� . -- 32,329 1=-46667-- 11. PROF, 12. TOTAL PRICE _ tl 36,996 h'i .:. DF 5 E PA Fn.n 5:00-41 (2-7A) F I t] il SHAKOPEE I/I ANALYSIS, Senior Assoc. Design Design Senior I. Person Hours Principal Principal Engineer Engineer Tech Tech Clerical L. Flow Monitoring 8 48 48 48 Data Review & Analysis 4 8 80 40 40 i;i Smoke Testing 8 32 32 Cost Effective Analysis 4 16 40 $0 I/I Report Prepara- tion 4 16 20 100 40 48 x' Submittals and Reviews 4 4 4 Total Person Hours 16 60 60 344 128 120 48 II Other Direct Costs 1. Mileage 1600 miles @ $0.20/mi. $ 320 2. Recorder Rental 9 Units !' 6,090 $_'A 3. Recorder Wier Material 11 Weirs 275 rl 4. Smoke Bombs 150 @ $2.00/ea. 300 5. Printing L.S. 500 6. Groundwater Gauge Maximum 1,500 7. MBE Sub-Contract Maximum 5400 , $14,385 , lit III. Profit Determination Direct Labor 10,882 @ 24% $2,611 Indirect 7,062 @ 167. 1, 130 Sub-Contracts 6,900 @ 87. 552 Other Direct Cost 7,485 @ 57. 374 $4,667 €_ AGREEMENT BETWEEN THE CITY OF SHAKOPEE and THE METROPOLITAN WASTE CONTROL COMMISSION THIS AGREEMENT, made and entered into by and between the City of Shakopee, a municipal corporation of the State of Minnesota (hereinafter referred to as the "City" ) , and the Metropolitan Waste Control Commission, a Metropolitan Commission established pursuant to Laws of 1975, Chapter 13 (hereinafter referred to as the "Commission" ) ; WITNESSETH THAT, in the joint and mutual exercise of their powers and in consideration of the mutual covenants herein contained, the parties hereto recite and agree as follows : SECTION 1 - RECITALS 1. 01. The City owns and operates a sanitary sewer system located inside its boundaries, comprising various lateral , sub-trunk and trunk sewers and other equipment and appurtenances . 1. 02. The Commission owns and operates a sanitary sewer system located inside and outside the City, comprising interceptor sewers , pumping stations, treatment works and other equipment and appurten- ances . 1. 03• Sanitary wastewater and some Infiltration/Inflow (I/I) is received by the City sewer system and is discharged into the Commission' s sewer system and treatment works . Various Commission facilities are proposed to be upgraded and/or expanded with federal and state grant assistance . 1. 04 . Section 35 . 927 of the U. S. Environmental Protection Agency (U. S. EPA) Rules and Regulations requires that all applicants for grant assistance for treatment works projects must demonstrate to the satisfaction of the Regional Administrator that each sewer system discharging into said treatment works is not or will not be subject to excessive I/I . The determination whether or not excessive I/I exists will generally be accomplished through a sewer system evaluation consisting of : 1) certification by the State Agency , as appropriate and when necessary; 2) an I/I analysis and, if appropriate; 3) a sewer system evaluation followed by rehabilita- tion of the sewer system to eliminate I/I defined in the sewer system evaluation. 1. 05 . The Commission has completed an Infiltration/Inflow Assess- ment to identify collection systems subject to potentially excessive I/I and submitted recommendations for further I/I analysis to the Minnesota Pollution Control Agency (MPCA) . The preliminary evaluation determined that excessive I/I may exist in portions of the sanitary sewer system in the City of Shakopee and other cities . It was further recommended that each municipality conduct the analy- sis of the sewer system within its boundaries, according to federal guidelines and conditions of this Agreement. 1. 06. The Commission has submitted a grant application for the conduct of further I/I analysis to the U. S. EPA and MPCA. The grant amount requested reflects the current fiscal budgeting in the State ' s grant funding allocation schedule. The application was prepared on behalf of an areawide program without specific set-asides for a particular municipality. The determination of the actual level of funding of the I/I program during the current or future fiscal funding years will be made by the MPCA. To the extent that federal and state grants are provided, the Commission will administer the distribution of the grant amounts to participating municipalities in accordance with the provisions of the grant offer. SECTION 2 - INFILTRATION/INFLOW ANALYSIS 2. 01. General . The I/I analysis shall demonstrate the nonexistence or possible existence of excessive I/I in the sewer system. The analysis should identify the presence , flow rate and type of I/I conditions which exist in the sewer system. For determination of possible existence of excessive I/I, the analysis shall include an estimate of the cost of eliminating the I/I conditions . These costs shall be compared with estimated total costs for trans- portation and treatment of the I/I. Cost-effectiveness analysis guidelines (Appendix A, 40 CFR 35) should be consulted with respect to this determination. If the I/I analysis demonstrates the existence or possible existence of excessive I/I, a detailed plan for a sewer system evaluation survey shall be included in the analysis . The plan shall outline the tasks to be performed in the survey and their estimated costs . 2. 02. City Participation in General . The City shall be responsible for completion of the I/I analysis and may retain a consulting engineering firm, in accordance with 40 CFR 33 and 35 , to assist in carrying out the analysis . The selection of an engineering consultant shall be based upon the evaluation of engineering proposals submitted in response to a request for engineering services . The City shall submit engineering reports detailing the findings of the study to the MPCA for their review and approval. -2- 7c , 2. 03. Commission Participation in General . The Commission has published a public notice in accordance with 40 CFR 35. 927 inviting interested persons or firms to submit statements of qualifications for engineering services relating to the I/I analysis , directly to the qualifying communities . To the extent that federal and state grants are provided, the Commission will administer the distribution of the grant amounts to participating municipalities in accordance with the provisions of the grant offer and any priority scheduling established by MPCA. 2. 04. Consultant Selection. The U. S. EPA has promulgated Rules and Regulations regarding subagreements in 40 CF 33 and 25 , "Minimum Standards for Procurement Under EPA Grants . " The City , must follow these guidelines when retaining a consultant to conduct , or assist in conducting the I/I analysis. SECTION 3 - FEDERAL AND STATE GRANTS 3. 01. General . The Commission agrees to submit the project and the proposed cost to MPCA and U. S. EPA for inclusion under any standing grant offer, if eligibility requirements of the grant offer are met . If necessary, the Commission agrees to apply for a grant amendment to include the project and the cost in the I/I program. The City agrees to keep detailed records of the cost of the project incurred by it , and to furnish this information to the Commission in order to enable the Commission to comply with the provisions of the grants . The Commission shall have the right to audit all project costs furnished by the City. 3. 02. Local Costs . The City agrees to pay the local share of the project cost , which is ten percent ( 10%) with State participation in the grants program and twenty-five percent (25% ) if the State does not provide matching grants in future fiscal years . In addition, the City is responsible for project costs determined not eligible for grant funding by the U. S. EPA. The Commission is responsible for the local share of the administrative cost incurred by its employees or any consulting and administrative services rendered under contract to the Commission. 3. 03 . Reimbursement . As the project progresses , the City may submit to the Commission detailed and certified statements of costs incurred for the project to a specified date , and request the Commission to seek federal and state reimbursement for the costs so incurred. The Commission shall reimburse the City for grant eligible costs , as determined by the U. S. EPA Rules and Regulations or MPCA determination, as such funds are received by the Commission to the percentage or extent provided by the grants . Disbursement of funds received will be made after the MPCA has given technical appproval of the work for which payment is requested. Upon receipt of grant funds for the project , the Commission may reimburse to itself any grant eligible costs incurred for the project , but only to the percentage or extent provided by the grants . • -3- 7a' SECTION 4 - ADMINISTRATIVE PROVISIONS 4 . 01. Amendments . This agreement may be modified only by written amendment executed by the City and the Commission. 4 . 02. Effectiveness . This agreement shall be effective upon its execution by the City and the Commission. 4 . 03. Termination. This agreement shall terminate upon completion of all actions required of the parties hereunder. 4 . 04. Severability . The provisions of this Agreement are severable, and the invalidity or impossibility of performance of any of them shall not invalidate or render ineffective any other provision. IN WITNESS WHEREOF, the parties hereto have executed this agreement by authority of their respective governing bodies on this day of , 19 CITY OF SHAKOPEE The City of Shakopee, approved as to form this day of By , 1981. Walt C . Harbeck, Mayor By Julius A. Coller, II John K. Anderson, City Administrator City Attorney By Judith S. Cox, City Clerk METROPOLITAN WASTE CONTROL COMMISSION By Chairman By Chief Administrator For Metropolitan Waste Control Commission, Approved as to form and legal content : Legal Counsel ? c I PROPOSED WORK PLAN SHAKOPEE I/I ANALYSIS PURPOSE The purpose of an Infiltration/Inflow (I/I) Analysis is to determine whether or not probably excessive infiltration and/or inflow exists in the sanitary sewer collection system. Should a detailed I/I Analysis demonstrate the presence of excessive I/I, further funding of a sewer system evaluation survey and sewer system rehabilitation will follow. PROJECT OBJECTIVES The Southwest Facility Planning Study has indicated that, on the basis of preliminary wastewater flow and water usage data, a detailed I/I Study for Shakopee is necessary. The objectives of this study will be to: (a) Identify areas within the Shakopee sewer collection system which are subject to excessive I/I. (b) Layout a plan for a sewer system evaluation survey (SSES) and estimate costs. PROJECT PLAN The first task required for the project is the subdivision of the collec- tion system into logical districts for study. These districts will be estab- lished based on collection system configuration and other considerations 1 which enable the investigation of tributary areas of interest at specific points. Key locations within the system will be selected for extensive flow monitoring. The interceptor sewer located near, and parallel to, the river is of special concern and will be segmented for analysis . Flow monitoring will in- clude installation of continuously recording flow metering equipment which can provide information on both wet and dry weather flows occurring at the key locations. The main meter (magmeter) flows at the lift station will be compared to independent flow measuring equipment during the period of study 1 to determine probable meter error or to verify meter accuracy. The types of flow occurring in each district subdivision will be defined on the basis of data already available and data developed from the flow monit- oring. Flows will be categorized into domestic , commercial, industrial, in- stitutional, infiltration and inflow and will be related to the connections within each district . A cost effectiveness analysis which compares the estimated costs of eliminating varying percentages of identified I/I to the costs for transpor- tation and treatment will be performed. In those areas where the I/I Analysis - 1 - B .1404 , Rte, X40. -ti 7 6:--- Id demonstrates the existence or possible existence of excessive I/I, based on EPA cost-effectiveness guidelines, inclusion in a sewer system evaluation survey (SSES) will be recommended . The I/I Analysis report will include the detailed scope of a recommended SSES for the collection system, unless excessive I/I is shown not to exist. Methods proposed for completion of each phase of the SSES will be included and cost estimates will be presented for this work. An outline of the required activities for the Shakopee I/I Analysis is as follows: I. District Subdivision A. Collection System Review ' B. Field Inspection II. Flow Monitoring A. Installation of Meters & Recorders B. Meter Calibration C. Data Analysis g III. Existing Data Collection & Analysis A. City Water Records B. Wastewater Meter Records C. Connection Data IV. Flow Categorization A. Domestic & Commercial B. Industrial & Institutional C. Infiltration D. Inflow V. Probable Excessive I/I Determination A. Relationship to PRM 78-10 _- B. Cost Effectiveness Analysis i VI. Report Preparation & Submittal 1 I 1 5 - 2 - ii . RESOLUTION NO. 1809 A Resolution Authorizing The City To Execute And Approve Certain Documents For An Infiltration/Inflow Study WHEREAS, City Council of the City of Shakopee in Adjourned Regular Session, August 19, 1980 , selected Bonestroo, Rosene, Anderlik & Associates , Inc . as consulting engineer to perform an Infiltration/Inflow Analysis ; and WHEREAS, the City desires to apply for Federal and State matching grants for the I/I Analysis ; and WHEREAS, a "Pass-Through" Agreement between the City of Shakopee and the Metropolitan Waste Control Commission is required in order to secure that grant , which "Pass-Through" Agreement authorizes MWCC to disburse grant funds to the City of Shakopee for the I/I study and the City also agrees to pay any part of the I/I Study not funded by the 75 percent Federal grant which would include the 10 percent local match and any part of the 25 percent State match not funded in future fiscal years; and WHEREAS, it is necessary to appoint a grantee-reviewer; and WHEREAS, it is necessary to direct, appropriate City officials to execute EPA Form 5700-41 which certifies that the City has reviewed the cost-price summary and that the proposed cost-price appears acceptable for sub-agreement and award. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that : 1) The City Administrator is appointed the grantee- reviewer for the Infiltration/Inflow Analysis ; 2) Appropriate City officials are hereby authorized and directed to execute said agreement between the City of Shakopee and Metropolitan Waste Control Commission; Resolution No. 1809 Page Two 3) The grantee-reviewer is hereby authorized to execute EPA Form 5700-41; 4 ) The appropriate City officials are directed to forward the Agreement between the City of Shakopee and the Metropolitan Waste Control Commission to the appropriate agencies and forward the Professional Servics Agreement between the City of Shakopee and Bonestroo , Rosene, Anderlik & Associates , Inc . , with executed EPA Form 5700-41, to the appropriate officials at the Minnesota Pollution Control Agency for review. Adopted in session of the Shakopee City Council of the City of Shakopee , Minnesota, held this day of _, 1981. Mayer of the City of Shakopee ATTEST : City Clerk Approved as to form this _ _ day of , 1981 . City Attorney MEMO TO : Mayor and Council FROM: John K. Anderson , City Administrator RE : State Aid Street Funding DATE : April 2 , 1981 Introduction : City Council , at its 3-24-81 meeting, received a League Action Alert from the Mayor regarding State Aid Street Funding (i . e . proposed gas tax and motor vehicle tax increase) . Council asked that they receive a copy of the proposed legislation for review at their 4-7-81 meeting. Background : The League Action Alert is attached and it indicates that Shakopee should receive an additional $43 , 305 in State Aid for Streets should the Governor's proposal be enacted . Also attached is a copy of the proposed legislation and Resolution No . 1810 urging approval of the State Aid Funding package . The reasons for considering approval of such a resolution are fairly well stated in the proposed resolution. Action Requested ; Approval of Resolution No. 1810, A Resolution Supporting Increased Gas Tax and Adjustment of License Fees , urging the Minnesota Legislature to adopt a funding package of increased gas tax and adjustment of license fees . JKA :plk action alert 1.IIII 11111 11/4-Ifirlfilli: league of minnesota cities 1 ?-// March 19, 1981 TO: All City Mayors, Managers/Administrators/Clerks in Cities Over 5,000 Population FROM: Duke Addicks League Legislative Counsel RE: STATE AID STREETS FUNDING Governor Quie has proposed in H.F. 815 (authors: Friedrich, Schrieber, Sherwood, B. Nelson) a 4Q increase in the gasoline tax and substantial increase in motor vehicle taxes. This would result in an increase for your city shown on the reverse side. The DFL is preparing a similar bill . If you support increases in gasoline and motor vehicle taxes, please let your legislator and the Governor know as soon as possible, as there is considerable opposition to any increase. Attachment NV1'1 2 . S1 CITY OF S iAKOPEg • 300 hanover building, 480 cedar street, saint paul, minnesota 55101 C6123 222-2861 RESOLUTION NO . 1810 2 A RESOLUTION SUPPORTING INCREASED GAS TAX AND ADJUSTMENT OF LICENSE FEES WHEREAS , City roads are deteriorating at a faster rate than funds are available to fix them , and WHEREAS , the only recourse City governments have is to raise the real estate tax , and WHEREAS , the highway user funds are the fairest and most equit- able tax for funding road transportation . NOW THEREFORE , BE IT RESOLVED that the City of Shakopee hereby urges the Minnesota Legislature to adopt a funding package of increased gas tax and adjustment of license fees , and BE IT FURTHER RESOLVED that members of the Shakopee City Council will support the legislators in this effort . BE IT FURTHER RESOLVED that copies of this resolution be distrib- uted to the Governor of the State of Minnesota , Senators and Repre- sentatives from District 36B , and to the Chairmen of the Senate Tax and Finance Committees and the House Tax and Appropriations Committees . Adopted in session of the City Council of the City of Shakopee , Minnesota , held this 4 day of , 1981 . Mayor of the City of Shakopee • ATTEST: City Clerk Approved as to form this _ day of _ , 1981 City Attorney 7C" MEMO TO: John K. Anderson , City Administrator FROM: Judith S . Cox, City Clerk RE : Vacation of Prairie Street Between 3rd and 4th Avenues DATE : April 2 , 1981 Introduction The Council has already held the public hearing on the vacation of Prairie Street between 3rd and 4th Avenues and did direct staff to prepare the resolution to vacate (see minutes of November 18 , 1980 attached) . Background The attached resolution vacates Prairie Street between 3rd and 4th Avenues , except that part of Prairie Street reserved for alley right- of-way between the extended alley in Block 13 E .S .P . and 3rd Avenue , we are also reserving a 20 foot easement along the westerly right- of-way of the said Prairie Street between 3rd and 4th for utilities and drainage ; and a 16 foot easement connecting the alleys in Blocks 13 and 27 of E .S .P . An agreement has been executed between Cletus Link and Alfred and Clarence Pudil for the erection of an attached garage in exchange for the easterly 16 feet of the westerly one-half of the vacated Prairie from 4th Avenue northerly to the alley . The Utilities Manager Lou VanHout has aided in the preparation of this vacation and is satisfied that the easements being maintained will provide the necessary easements for utilities . Recommended Action Offer Resolution No . 1811 , A Resolution Vacating Prairie Street Between 3rd and 4th Avenues , and move its adoption . JSC/jms SHAKOPEE CITY COUNCIL November 18 , 1980 Page 2 _ Alfred Kutchell said he was satisfied with the alternative of closing the street , in conjunction with his agreement with Mr . Link to build him a garage . Cncl . Hullander stated that we have to remember that the City does not want to improve the street , so if the City wants the vacation , the City better pay for it . The City did foot the bil. l for the St . Marks vacation , although the money amount wasn ' t very much. Someone in the audience asked if the additional land from the street would be deeded to the property owners . The Asst . City Attorney explained that the land would be conveyed to the property owners by a document which is not called a deed , but the effect would be the same in that the property owners will own the land , with the exception of possible easements . Hullander/Colligan moved to direct staff to prepare a resolution to vacate Prairie Street from 3rd Avenue to 4th Avenue , reserving utility easements , with a 16 foot alley going north from the existing alley to to 3rd Avenue with a curb line adjusted on 3rd Avenue so it is equiva- lent to a 16 foot alley , and adjust the curb line on 4th Avenue to extend across the intersection , those adjustments paid for by the City , with no restoration whatsoever . The length of the alley from 3rd Avenue going south will end at the south line of the existing east- west alley . Motion carried unanimously . Cletus Link is concerned with the location of the 20 foot utility easement , as it affects his agreement to build a garage for one resident . The City Engineer responded that there would be no problem in off-setting the easement so as to not interfere with his construc- tion plans . Hullander/Colligan moved to take Resolution No . 1739 , A Resolution Amending Resolution No . 1547 , 1980 Pay Plan , and Appointing a City Administrator , off the table . Motion carried unanimously . Hullander/Lebens moved to adopt Resolution No . 1739 , A Resolution Amending Resolution No . 1547 , 1980 Pay Plan , and Appointed a City Administrator . The Resolution was read by the Acting City Admr . Roll Call : Ayes ; Unanimous Noes ; None Motion carried . The City Planner presented information regarding the request for preliminary plat approval for Minnesota Valley 5th , 6th and 7th Additions by Dick Wiggin , which was denied by the Planning Commission . Mayor Harbeck asked if the noise abatement study was taken into consideration regarding this construction . The City Planner said he was unaware of the study , but would re-evaluate the plat with that in mind . He said the Planning Commission had some questions and prob- lems with the plat and were prepared to table it , but the developer wanted a decision , so it was denied . Bill Naddy responded from the audience , stating he was an associate of Wiggin ' s and that the main dispute was over the amount and location of park dedication , with City staff wanting them to dedicate a larger area and locate it on top of some very expensive utilities . There was also some question about dedication for Polk Street , but he thought Watson had taken care of that dedication . The City Engineer responded that Watson ' s dedication was not enough , they needed more land to extend Polk Street and this should be part of this plat . Cncl . Colligan further explained that just a little while ago the Park and Recreation Board said -they didn ' t need any more park land in that area , and now they want additional park dedication . The Planning Commission was concerned that we are consistent in park requests . Hullander/Colligan moved that the preliminary plat be sent back to the Planning Commission . Motion carried unanimously . CLETUS J. LINK CONSTRUCTION COMPANY • .11!!!:111111 :111111111Ink 1400 West Third Avenue Shakopee, Minnesota 66376 BUILDING • 446-227T or 4444542522 REALITY • MATERIAL • EXCAVATION BUILDING CONTRACT Cletus J. Link Construction Co. will hereafter be called the Contractor and Mr. Alfred Pudil and Mr. Clarence Pudil will hereafter be called the Owners . That the Contractor and the Owners for the consideration hereafter named agree as follows : The Contractor agrees to supply the material and labor to construct a 14 ' x 26 ' attached garage to the Owners existing home at 937 E . 4th. Ave. , Shakopee , MN in accordance to the Shakopee building codes . The Contractor will furnish : 1 . A building permit 2. All excavating work. 3 . Concrete footings and 5 course 8" block foundations. 4. 4" reinforced concrete garage floor. 5. Tarvia driveway and concrete approach. 6. Finish landscape . 7. 2" x 4" wood frame garage walls. 8. %" thick Biltrite wall sheating . 9 . Siding to match existing home. 10 . 1 - 9 ' x 7 ' overhead garage door. 11 . 1 - 2 8 - service door. 12. Roof to match existing home . 13. Shingles to match as close as possible to existing roof. The Owners will furnish : 1 . Sodding or seeding. 2. Paint and painting. In consideration for this attached garage , the Owners agree to convey by Warranty Deed to Cletus J . Link Construction Co. the Easterly 16 ° of the westerly one-half of Prairie St. from 4th. Ave. northerly to the center 1line of the alley between 3rd. Ave . and 4th. Ave. Shakopee , MN. Contractor : dp,t ''fir 4 j --,4►1J .,y Owners _L !1.__`�-.._�}�sr_�,.-/ Cletus J . Link} Alfred Pudil _ Cil .'( Clarence Pudil This Contract is contingent upon the approval by the Shakopee City Council and the Shakopee City Attorney. If not approved this Contract becomes null and void. /1EMO TO: John Anderson L City Administrator FROM: Don Steger City Planner RE: Vacation of Prairie Street - Construction of Attached Garage to the West DATE: April 3, 1981 In regard to the proposed vacation of Prairie Street, it must be pointed out that a 14' x 26' attached garage is planned for the Pudil residence at 937 East 4th Avenue (adjacent to Prairie Street). In reviewing this planned garage, in relation to proposed Link's 3rd Addition and the vacation of Prairie Street, I have concluded the following: 1) The planned garage will be located completely within the owner's lot and will be able to meet the 10 foot side yard setback requirement of the R-2 Zone. The garage will not infringe upon the proposed utility easement in Prairie Street. 2) The attached garage is planned to be built in line with the front of the existing house. Because it would extend within the required 30 foot front yard setback, a front yard variance would normally be required. However, Section 11.03, Subdivision 7F of the Zoning Ordinance provides for exceptions from the need for a variance when existing adjoining structures vary from the setback requirement. So as to standardize the front setbacks throughout the block, the Ordinance requires the City Administrator to determine the appropriate setback, rather than go through the variance procedure. I would recommend utilizing this Section of the Zoning Ordinance to maintain even setbacks along 4th Avenue, thereby, foregoing the need for a front yard variance and permitting the attached garage. DS/jiw • RESOLUTION # A Resolution Vacating That Part of Prairie Street Herein Described WHEREAS, It has been made to appear to the Shakopee City Council that all ..".7 that part of Prairie Street in the City of Shakopee described in Exhibit A hereto attached and made a part hereof no longer serves any public interest or use save and except for the maintenance of existing easements; and WHEREAS, Requests have been made to vacate the above property and the City has set a hearing which was held in the Council Champbers of the City Hall in the City of Shakopee.at 8:15 PM on the 7th day of October, 1980; 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 Court House, on the bulletin board in the Shakopee City Hall and on the bulletin board in the lobby of the First National Bank of Shakopee; and WHEREAS, The Council hereby determines that that part of Prairie Street described in Exhibit A hereto attached serves no public interest except for the maintenance of existing easements, and that it would be to the best interest of the City to vacate said thoroughfare. THEREFORE, BE IT RESOLVED BY THE SHAKOPEE CITY COUNCIL That all that part of described in Exhibit A hereto attached Prairie Street in the City of Shakopee/be, and the same hereby is vacated; reserving however unto the City existing easements4and the right to repair, service and enlarge and drainage and utility easements described in the same. Exhibit A hereto attached BE IT FURTHER RESOLVED That this resolution shall be in full force and effect from and after its passage. Adopted in session of the Shakopee City Council held this _ day of , 1981. Mayor of the City of Shakopee ATTEST: City Clerk Prepared and approved as to form this 3rd day of_April, 1981. --- C ty Attorney_ ;_ ,m611101010'?*10.4140, R. r"-- THAT PART O]' PRAIRIE STREET EASTERLY OF BLOCK _13, EAST SHAKOPEE,i'", SCOTT COUNTY, MINNESOTA ACCORDING `10 THE RECORDED PLAT 'I'IITU)V; EYING SOUTH OF LINE 1 DESCRIBED BELOW AND NORTHWEST O''' PINE ;' DLSCR I I ;1) Ei';LOW. LINE 1: BEGINNING AT THE SOUTHEAST CORNER 00 BLOCK 13, OP' SAID EAST SHAKOPEE THENCE NORTH ALONG THE EAST LINE OL SAID BLOCK 1.3, A DISTANCE OF 112.00 FEET THENCE EAST AT V L!II'1' ANGLES TO THE EAST 1 1NN OF SAID BLOCK 13, A DISTANCE U 38.00 ,"11111', THENCE NORTH ALONG A LINE PARALLEL To TTII', LAS! LINE (A' SAID 5 ,, , !'I L i 1 ❑ i BLOCK 13, A DISTANCE (�i'' ! .> ).OU I•'I''�I;l MORE Oli I,,,�,> TO 'i'fi�'. SOUTH RIGHT-OI''-WAY OF THIRD AV ,;Iill AND 'III E.R E ','I;IIMJ NATI NC. LINE 2: BEGINNING AT THE NORTHEAST CORN1;1 OI BLOCK 13 UN SAID EAST SHAKOPEE THENCE EAST AT RIGHT ANGLES TO THE EAST LINE OF SAID BLOCK 13, ALONG THE SOUTH Vi(;11'1'-OE'-WAY Ol'' '1'11IRD AVENUE, A DISTANCE 01'' 22.00 FEE_[.' TO THE TRUE POINT UI'' BEGINNING: THENCE SOUTH ALONG A LINE PARALLEL TO THE FAST EINE 00 :-AID BLOCK 13, A DISTANCE OF 127.00 FEET, 'THENCE; ALONG A 'i'/',NGEN'I' CURVE CONCAVE TO THE NORTHWEST HAVING 1' RADIUS (0'' 15.00 HEFT, A CENTRAL ANGLE OE 90 DEGREES, 00 MINUTES AND 00 SECONDS, A DISTANCE OF 23. 56 FEET T HENCE WEST T0 A POINTON EAST LINE OF SAID BLOCK 13 AND THERE TERMINATING. THE 0111 RESERVES TO 'I'HE CITY 01'' SHAKOPEE, ITS LICENSEES AND FRANCHISE HOLDERS PERPETUAL EASEMENTS OVER, UNDER AND ACROSS THAT PART O1'' VACATED PRAIRIE STREET DESCRIBED BELOW: I. A UTILITY AND DRAINAGE EASEMENT ALONG 'i'0H WI'i;3'1' 20.00 11111T PRAIRIE S11i11:'1', EAST oh' 'I'lll? EAST 1,1h. (0F 0LOCK I i, HALl SHAKOPEE, SCOTT COUNTY, MINNESOTA, ACCORDING TO TIE RECORDED PLAT THEREOF. 2. A UTILITY AND DRAINAGE EASEMENT 8.00 LEVE EACH SIDE OF TUE FOLLOWING DESCRIBED LINT';: BEGINNING AT THE SOUTHEAST CORNER oF L1,'E]H 13 (it" 001 ) EAST SHAKOPEE ACCORDING TO THE NIH !HAT T'HERI4I ' THENCE; 1101,111 ALONG THE EAE;I' ,,iN'? VI,uC.N , 1 DISTANCE OE' 1.50. 00 1'Ei'°i' TO THE '10111] POINT UE I:i';G ; ?N LNG, THENCE EAST AT RIGHT ANGLES TO THE WEST i,; 1; 0I HLCCK :26 0!' SAID EAST SHAKOPEE AND 'I'llLIII'; 'I'EiJ'lIf{r'1' I`: '1111'] SIDE LINES UE' SAID EASEMENT SHALL OH I,I+;IHT}iI;IJi oF 5IIUN'I'I'L;;'il) ;'U INTERSECT THE WEST LINE 01'' SAID BLOCK 26. • EXHIBIT A MEMO TO : Mayor and City Council FROM: John K. Anderson , City Administrator RE : Master Fee Resolution/Valley Fair Fee DATE : April 2 , 1981 Introduction Upon my arrival in Shakopee , I received a list of projects to be completed. Two of those projects effected City revenues , the Master Fee Resolution and the Valley Fair fee which had not yet been established (i .e . negotiated) . Background The resolution attached is the culmination of a significant effort to "put all of our fees in one place" . The resolution includes : 1 . Several sections Council has recently reviewed and approved by motion : Liquor and Beer License fees , Engineer fees and Planning fees . 2 . A number of fees set by the City Code but included so that "all fees will be in one place" . 3 . The Valley Fair fee of $8000 negotiated April 1 , 1981 by the Mayor and City Administrator , which will be established in an agreement being drafted by the City Attorney and Valley Fair ' s attorney and will be revised annually . 4 . Other existing fees that are unchanged or , when a change is proposed , listed with the present and proposed fee for each reference . The resolution is organized by department for ease in day to day use . The resolution should be reviewed in its entirety each year with changes being made where appropriate . In this manner the City should be able to keep its "user fees and license fees" up-to-date , a critical consideration given the current shrinking of State and Federal Aids . Summary and Recommendation The key sections of the proposed resolution have been discussed individually and it is hoped that any final changes can be made Tuesday so that the resolution can be passed and put into effect . This is our first effort at consolidating fees so we will keep a list of any additional fee schedules found during the year so that they can be incorporated in the 1982 resolution. Action Requested Approve Resolution No . 1814 establishing the 1981 rates to be charged for City fees and licenses . JKA/jms RESOLUTION NO. 1814 A RESOLUTION SETTING FEES FOR CITY LICENSES , PERMITS , SERVICES AND DOCUMENTS BE IT RESOLVED, by the City Council of the City of Shakopee , Minnesota , that the attached Fee Schedule , dated April 7 , 1981 , is hereby approved and adopted by reference in its entirety as though repeated verbatim herein. BE IT FURTHER RESOLVED , that Resolution No . 1637 , Resolution No . 1291 , Resolution No . 1334, Resolution No . 1363 , Resolution No . 1594 , Resolution No . 1603 , Resolution No . 1767 and all other resolu- tions inconsistent herewith, are hereby repealed. Adopted in session of the City Council of the City of Shakopee , Minnesota held this day of 1981 .. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this clay of , 1981 . City Attorney FEE SCHEDULE Shakcpce , Minnesota April 7 , 1981 Fees are listed by department Resolution to be up-dated annually CITY CLERK/Misc . Business Licenses Movies & Theaters (Authority-City Code 6 .42) Fees 1 . Annual fee for showing 16 mm films $ 25 .00 2 . Annual fee for showing 35 mm films (or larger) 100.00 3 . Annual fee for conducting theatrical play( s) 25 .00 Scavengers [Dumping or discharge of waste ] (Authority-City Code 6 .43 ) 1 . From sources within the City of Shakopee (measured to nearest 100 gallons) 1 .00/100 gal . 2 . From sources outside the City of Shakopee (measured to nearest 100 gallons ) 4 . 50/100 gal . No permit nor fee shall be required for pumping and cleaning cess- pools and/or septic tanks . Gambling Devices Including Raffles (Authority-Ord . No . 9) 1 . Annual fee for gambling devices including raffles 100.00 2 . Annual fee for a separate raffle license 2 .00 3 Annual fee for a bingo license (if less than five times per year there is no fee) 100.00 License for the Sale of Beer, Liquor , Wine, Set-u. License, Liquor License, Club license and Temporary Beer License (Authority-City Code 5 .06) 1 . Annual fee for On Sale Beer License 250.00 2 . Annual fee for Off Sale Beer License 80.00 3 . Temporary Beer License 10.00 4. Annual fee for Set Up License 80.00 5 . Annual fee for On Sale Wine License 1/2 of On Sale Liquor License 6 . Annual fee for On Sale Club License 200.00 7 . Annual fee for Sunday Liquor License 200.00 8 . Annual fee for Off Sale Liquor License 150.00 -2- JL' Fees 9 . Annual fee for On Sale Liquor License : Customer Used Floor Area Bars Restaurants Under 1 ,000 $3 ,200 $2 , 700 1 ,000 - 2 ,000 3 ,700 3 ,200 2 ,000 - 3 ,000 4 ,200 3 , 700 3 ,000 - 4 ,000 4, 700 4,200 4 ,000 - 5 ,000 4 , 700 5 ,000 - 6 ,000 5 ,200 6 ,000 - 7 ,000 5 , 700 7 ,000 - 8 ,000 6 ,200 8 ,000 - 9 ,000 6 , 700 9 ,000 -10,000 7 ,200 Over 10,000 7 , 700 Other Business Regulations and Licenses (City Code - Chapter 6 - all applicants require a $50.00 application fee and $2 .00 for a duplicate license) Peddlers (Set by City Code 6 . 21) 1 . Daily License Fee 5 .00 2 . Weekly License Fee 10.00 3 . Annual License Fee 25 .00 4. Six Month License Fee 20.00 5 . Sale of a Single Truck load or Car Load of Mdse . 5 .00 Taxicabs and Drivers (Set by City Code 6 . 22) 1 . Annual fee per vehicle 25 .00 Tobacco (Set by City Code 6 .23) 1 . Annual fee for Tobacco License 12 .00 Shows , Non-Transient Theme Parks , Amusement Parks , etc . (Set by City Code 6 . 24) 1 . Annual license fee equaling the number of rides X $45 .00 45 .00/ride 2 . Show without rides 75 .00 3 . r 8000.96- -3- / 63-' Fees Billiards , Pool and Other Game Tables (Set by City Code 6 . 31) 1 . Annual license fee for the first table $ 100.00 2 . Each additional table 50.00 Massage Parlors , Saunas , Steam Baths., Heat-Bathing Rooms (Set by City Code 6 .40) 1 . Annual license fee 2000 .00 2 . Initial license requires one time investigation fee . 500.00 Masseur and Masseuse Registration Fee (Set by City Code 6 .41) 1 . Annual registration fee 100.00 BUILDING INSPECTOR/ELECTRICAL INSPECTOR Electrical Inspection (Authorized by City Code 4 .05) 1 . Payment of Fees : are due and payable to the City of Shakopee at or before commencement of the installation and shall be forwarded to the City of Shakopee . An additional $ .50 State Surcharge must accompany each permit . 2 . Signs : shall be computed in accordance with State Schedule with a minimum fee of 8 .00 3 . Swimming pool . 24 .00 Minimum 4 . Minimum fee for each separate inspection of an installation , replacement , alteration or repair limited to one inspection only . 8 .00 5 . Services , change of services , temporary services , additions , alterations or repairs on either primary or secondary services shall be computed separately . a . 0 to and including 60 ampere capacity 6 .00 b. 60 to 100 ampere capacity 7 . 50 c . 101 to and including 200 ampere capacity or fraction thereof 10.00 d . For each additional 100 ampere or fraction thereof 4.00 6 . Circuit , installation of , additions , alterations or repairs of each circuit or sub-feeder shall be computed separately including circuits fed from sub-feeders and including the equipment served. Circuits of 250 volts or less . -4- Fees a . 0 to and including 30 ampere capacity 2 .00 b. 31 to and including 100 ampere capacity 4.00 c . For each additional 100 ampere capacity or fraction thereof 3 .00 The maximum fee on a single family dwelling or farmstead which is limited to 100 ampere capacity and limited to two inspections shall be 30.00 The maximum fee on a single family dwelling or farmstead which is limited to a 200 ampere capacity and limited to three (3) inspections shall be 45 .00 Additional inspections shall be at the minimum fee as per section 6G . The maximum fee on an apartment building shall not exceed 20.00/dwelling unit for the first 20 units and per dwelling unit for the balance 15 .00 A 2 unit dwelling (duplex) maximum fee per unit as per single family dwelling. For circuits over 250 volts double the fee for 250 volts or less . 6A. In addition to the above fees ; a charge of $1 .00 will be made for each street lighting standard . B . A charge of $2 .00 will be made for each traffic signal head . C . In addition to the above fees , all transformers and generators for light , heat and power shall be computed separately at $3 .00 per unit plus 100 per KVA up to and including 100 KVA, 101 KVA and over at 5¢ per KVA. The maximum fee for any transformer or generator in this category is $20.00 D. In addition to the above fees , all transformers for signs and outline lighting shall be computed at $2 .00 for the first 500 VA or fraction thereof per unit , plus 200 for each additional 100 VA or fraction thereof . E . In addition to the above fees , (unless included in the maximum fee filed by the initial installer) , remote controls , signal circuits and circuits of less than 50 volts shall be computed at $2 .00 per each ten openings or devices or each system plus $ . 50 for each additional ten or fraction thereof . F. For the review of plans and specifications of proposed installa- tions , there shall be a minimum fee of $100.00 up to and includ- ing $30 ,000 to be paid by persons or firms requesting the review. G. When reinspection is necessary to determine whether unsafe conditions have been corrected and such conditions are not the subject of an appeal pending before the Board or any -5- court , a reinspection fee of not to exceed the original unit fee , or $8 ,00 whichever is less , may be assessed in writing by the Inspector. H. For inspection not covered herein , or for requested special inspections or services , the fees shall be $45:00 per man (New $25 .00) hour, including travel time plus 28¢ per mile traveled, plus the reasonable cost of equipment or material consumed. This section is also applicable to inspection of empty con- duits and such other jobs as determined by the Inspector . 7 . For inspections of transient projects including but not limited to Carnivals and Circuses , the inspection fee shall be computed as follows : a . Power supply units - according to section 6C . A like fee will be required on power supply units at each engagement during the season , except that a fee of $15 .00 per hour will be charged for additional time time spent by the Inspector if the power supply is not ready for inspection as required by law. b . Rides , Devices or Concessions - shall be inspected at their first appearance of the season and the inspection fee shall be $10.00 per unit . Plumbing Permits (Authorized by City Code 4.05) Fees Old New 1 . Alterations and Repairs - Minimum Fee 10.00 12 .00 + 50¢ State Surcharge Tax 2 . New Construction Residential - Minimum Fee 30.00 36 .00 + 50¢ State Surcharge Tax Commercial - Minimum Fee 50.00 60.00 + 50¢ State Surcharge Tax 3 . Residential Plumbing Permit Fees Allfixtures listed below will be figured at 5 .00/ 6 .00/ Water Closet Water Softener each each Lavatory (Basin) Bathtub Floor Drain Laundry Tray Sink Shower Stall Disposal Dishwasher Water Heater (Gas or Electric) Clothes Washer - Standpipe Permit fees for rough-ins for future bathrooms will be $3700 per fixture . (New $5 .00) 4. Replacements Only Water Heater - Gas 10.00 12 .00 Water Softeners - New or replacement in other than homes under construction (installer must be licensed by the State Board of Health 10.00 12 .00 -6- Fees 5 . Commercial Plumbing Permit Fees Old New Water Closet , Lavatory (Basin) , Urinal , Individual Shower 5 .00 6 .00 Shower - Gang Type - Per Head 4 .00 4. 80 Drinking Foutain 5 .00 6 .00 Dental Unit 10.00 12 .00 Sink - Service or Mop 5 .00 6 .00 Flat rim, bar , counter , laboratory 7 .00 8 .50 Pot or Skullery 7 .00 8 . 50 Clothes Washer - First five units or less 15 .00 18 .00 Each Additional Unit 3 .00 3 . 60 Floor Drain - 2 inch 5 .00 6 .00 3 and 4 inch 6 .00 7 .50 Catch Basin 7 . 50 9 .00 Sewage Ejector 10.00 12 .00 Sumps and Receiving tanks 10.00 12 .00 Water Softeners 15 .00 18.00 Water Heater - Gas - Replacement only 20.00 24.00 Building Permit Fees (Authorized by City Code 4.05) Building Value Fee $1 .00 to 500.00 $5-99 $10.00 501 .00 to 2 ,000.00 $5-.00 for the first 500.00 plus ($10.00) 1,99 for each additional 100.00 (1 . 50) or fraction thereof , including 2 ,000.00 2 ,001 .00 to 25 ,000.00 $28-88 for the first 2 ,000.00 plus(32 . 50) 4:99 for each additional 1 ,000.00 (6 .00) or fraction thereof , to and includ- ing 25 ,000.00 25 ,001 .00 to 50,000.00 $112 ..-88 for the first 25 ,000.00 plus70. 50 3-09 for each additional 1 ,000.00 (4. 50) or fraction thereof , to and includ- ing 50,000.00 50,001 .00 to 100,000.00 4187-88 for the first 50,000.00 (283 .00) plus 2:99 for each additional 1 ,000.003 .00 or fraction thereof , to and includ- ing 100,000.00 100,001 .00 te-5993999- O0 and up $283-99 for the first 100,000.00 plus(433 .0 1,59 for each additional/1 ,000.00 or(2 . 50) fraction thereof , te-and-inelud}ng 5903998-99 58e7981.9G-and-up $88 -80-€er-the-“T.st-5007980,99 plus-1:99-€ems-eaeh-add}t}enal 17989.-89-er-1 aet}en-the ee€ 7 -7- State Surcharge : (These fees forwarded to the State Treasurer) Less than $1 ,000 500 $1 ,000 but less than $999 ,999 . 99 Times .0005 $1 ,000,000 but less than $9 , 999 ,999 .99 $1 ,000 $10,000,000 but less than $19 , 999 , 999 . 99 $1 ,500 $20,000,000 & Over $2 ,000 Fire Protection Equipment hereby set as follows : Stand pipes and hose cabinets shall be computed at 1% of the contract plus SOO State Surcharge Tax. Sprinkler Systems shall be computed at $5 .00 for the first 10 heads and $2 .00 for each additional 10 heads or part thereof plus State Surcharge Tax. Well and Individual Sewage Disposal Permits hereby set as follows : Fees Old New Residential : Well 3 .00 6 .00 Commercial : Well 7 . 50 9 .00 Sewage Disposal 17 .00 20. 50 Sewage Disposal 4% of contract (1 . 257) w/$20.00 minimum Heating, Air Conditioning, Refrigeration, and Ventilation Permits hereby set as follows : Minimum Fee 7 . 50 9 .00 +500 State Surcharge Tax Single Family Residence 20.00 24 .00 + 50¢ State Surcharge Tax Central Air Conditioning (at the time of 5 .00 6 .00 construction) 450¢ State Surcharge Tax Refrigerant Systems Permit Fees 3 horsepower or less 7 . 50 9 .00 over 3 to 15 horsepower 10.00 12 .00 over 15 to 50 horsepower 25 .00 30.00 excess of 50 horsepower 50.00 60.00 Alterations and repairs Minimum Fee Commercial fee shall be computed at 4% of the contract (1 . 25%) plus State Surcharge Tax. -8- Permits shall cover only single installations . Multiple furnaces , boilers , etc . shall be considered separate installations . Tank & Piping Permits hereby set as follows : Underground fuel storage tanks and piping permit fee to be I% (1 . 257) of contract plus State Surcharge Tax. Sewer & Water Opening Permit Fees hereby set as follows : Fees Old New Water Opening 10.00 12 .00 Sewer Opening 10.00 12 .00 Water Heaters - New (Including Pool Heaters) hereby set as follows : For inputs not exceeding 100,000 BTU 7 . 50 9 .00 100,001 to 200,000 BTU 10.00 12 .00 200,001 to 300,000 BTU 12 .00 14. 50 300,001 to 500,000 BTU 12 . 50 15 .00 500,001 to 700,000 BTU 30.00 36 .00 700,001 to 1 ,000,000 BTU 40.00 48 .00 Any fixture not listed above 5 .00 6 .00 Rain water Leaders - all stacks 10 stories or less 10.00 12 .00 - all stacks over 10 stories 15 .00 18 ,00 Area Roof Drains (each) 6 .00 7 . 50 Lawn Sprinkler Systems - Residential 15 .00 18 .00 Lawn Sprinkler Systems - Commercial (This fee includes water connection from building piping to yard side of siphon breaker) 25 .00 30.00 Commercial plumbing permits to be figured by the above fixture schedule but at the time the permit is to be issued, the permitee will certify the contract price and the fee will be based on the above method or 1% (1 . 25%) of the contract price , whichever is greater. Gas Piping Permits hereby set as follows : Minimum Fee 3 .00 3 . 60 +50¢ State Surcharge Tax Residential - Each fixture or appliance 2 .00 2 .50 +50¢ State Surcharge Tax Alterations and Repairs - Minimum Fee 7 -9- Where the gas piping is divided between two contractors such as the Heating Contractor installing the gas line to the furnace and the Plumbing Contractor doing the balance of the gas piping, each Contractor shall take out a permit . Commercial Fees Old New For installation of piping up to and including two (2) inches in size , providing not over three (3) openings 9 .00 11 .00 and for each additional opening 2 . 50 3 .00 For installation of piping exceeding two (2) inches in size , providing not over three (3) openings 12 .00 14 .50 and for each additional opening 3 .00 4.00 Enameling ovens , retorts and similar gas burning devices : Fees to be determined as for commercial water heaters . Steam Generators for process use (pressing, dry cleaning, etc . ) : Fees to be determined as per heating code . Agricultural and Non-Agricultural Storage Form (Report) Annual report processing 10.00 FINANCE - hereby set as follows : Industrial Revenue Bond Fees 1 . Fee for the first $1 ,000,000 1000.00 2 . Fee for each additional dollar over $1 ,000,000 X .5% 3 . Legal expenses as billed Garbage Rates (Authorized by City Code 3 .02) 1 . Urban Residence 3 . 90/month 2 . Senior Citizen in urban residence 2 . 55/month 3 . Commercial and non-urban rates not set by the City Sewer Service Charges (Authorized by City Code 3 .02) 1 . Private Residence 6 .44/month 2 . Private Residence (Senior Citizen) 5 .43/month -10- 7 Fees 3 . Commercial and Industrial a . Quarterly service charge 6 .00 b. For every 1 ,000 gallons or part thereof of metered flow or water usage . 66 c . For annalized flow in excess of one million gallons a service charge per million gallons or part thereof of metered flow or water usage 44.00/mil . gal . Standard Service Availability Charge (SAC) Units for Various Commercial , Public , and Institutional Facilities (Mandated by MWCC) (These fees forwarded to MWCC) Type of Facility Parameter SAC Units Arenas 110 seats 1 Automobile Service 2 service bays 1 Ballroom Facility without liquor service 825 sq . ft . 1 Facility with liquor service 590 sq. ft . 1 Banquet Room Food catered 2060 sq. ft . 1 Food catering with dishwashing 1180 sq. ft . 1 Food preparation and dishwashing 825 sq. ft . 1 Food preparation , dishwashing with 590 sq. ft . 1 liquor Barber Shop 4 chairs 1 Beauty Salon 4 stations 1 Boarding House 5 beds 1 Bowling Alleys 3 alleys 1 Car Wash (Self-Service) 1 stall 3 Car Wash (Service Station) 6 Car Wash (Requires specification on equipment flow rate and cycle time) Churches 275 seats 1 Cocktail Lounge 23 seats 1 Fast Service Restaurant 22 seats 1 (minimal dishwashing) Example : Pizza Parlor , McDonald' s , 'etc . -11- 1 X Type of Facility Parameter SAC Units General Office Building 2400 sq. ft . floor space 1 Handball and Racquet Courts 1 court 2 Hospitals 1 bed 1 Laundromats (requires water volume for cycle time , 8 cycles per day) Motels and Hotels (assume 2 persons/ room) 2 rooms 1 Nursing Home 3 beds 1 Restaurant (Drive-in) 9 parking spaces 1 Restaurant (18-24 hours service) 6 seats 1 Restaurant (12-18 hours service) 8 each 1 Restaurant ( 12 hours service) 12 seats 1 Restaurant (with cocktail lounge) 10 seats 1 Retail Stores 3000 sq. ft . floor space 1 Rooming Houses 7 beds 1 Schools (Sunday) 55 students 1 Schools (Elementary) 18 students 1 Schools (Secondary) 14 students 1 Service Station (gas pumping only) 1 Service Station (with service center) 2 Service Station (with service center and car wash) 8 Swimming Pools 900 sq. ft . pool area 1 Tennis Courts 1 court 2 Theater 64 seats 1 Theater (drive-in) 55 parking spaces 1 Warehouses 14 employees 1 • Speculative Warehouse 10,000 sq . ft . 1 (to be adjusted based on employees when user is established) -12- The SAC unit for a facility not included in the above list will be determined by the Metropolitan Waste Control Commission . A request for SAC unit determination should be made prior to the issuance of the Building Permits . Residential SAC Charge (Mandated by MWCC) (These fees forwarded to MWCC) Fees Residential 425 .00 unit Office Charges hereby set as follows : 1 . Assessment searches 5 .00 2 . Copy fee General public . 20 Other governmental/non profit public service .07 POLICE Accident Report Copies hereby set as follows : 1 . One page 2 .00 2 . Two pages 3 .00 Towing and Impounding of Vehicles hereby set as follows : Towing and impounding is done by .l 1AL h4West , appropriate impounding facilities . Trt S' i s owi t—fees . r'ey es cw o� uyitti.ctry Dog Licenses , Impounding Fees , etc . (Set by City Code 10. 21) 1 . Dog Licenses (good for the life of the dog) 5 .00 2 . First impoundment 10.00 3 . Second impoundment 20.00 4. Third and successive impoundment within a 12-month period 30.00 5 . Amount charged per day when confimed to the Pound 3 .00 6 . In the case of an unlicensed dog or a dog for whom proof of a current rabies .vaccination cannot be shown , an additional penalty of $5 .00 shall be paid . -13- (JCS 7 Fees PUBLIC WORKS Equipment Rental hereby set as follows : Caterpillar Grader (private) 38 .00/hour (State snow removal) 30 .00/hour Front end loader (private) 38.00/hour (State snow removal) 30 .00/hour Elgin street sweeper 40.00/hour Littleford pull broom 15 .00/hour 2-1/2 ton dump truck (single) 20.00/hour 5 ton dump trunk (tandem) 26 .00/hour Mower tractor 25 .00/hour Asphalt roller (1-1/2 ton) 15 .00/hour Pull paver 12 .00/hour Steamer 35 .00/hour Huber maintainer 20.00/hour Sewer rodder 40.00/hour (or . 50 per foot) TV sewer system 40.00/hour (or .25 per foot) Sewer jetting cleaner 40.00/hour (or . 50 per foot) Barricades w/flashers 3 .00/day Barricades w/o flashers 1 . 50/day State snow removal 30.00/hour PLANNING - hereby set as follows : Application for Conditional Use Permit Home Occupations 50.00 All Others 100.00 Renewal 10.00 Application for Variances Single Family Residential 50.00 All Others 100.00 Application for Plats, Divisions Preliminary Plat 200.00 + • $5/lot minimum 100 .00 + $3/acre , whichever greater -14- ljL Fees Final Plat 50.00 Lot Split 50.00 Registered Land Survey 50.00 Lot Consolidation 50.00 Application for Rezoning 1 Acre or less 150.00 Over 1 Acre 150.00 + $10/Acre Application for Planned Unit Development Concept Plan 100.00 Preliminary Plan 200.00 + $15/Acre Final Plan 100.00 Application for Fill & Mining Permit 1 - 1000 yards 25 .00 1000 - 20,000 yards 100.00 (C .U.P . Fee) Over 20,000 yards 100.00 (C .U . ) . Fee) + all consultant fees 2500.00 cash deposit required Application for Signs Permit Permanent 20.00 4 .25/sq ft Temporary 5 .00 Copy of Official Maps Zoning (22" x 34") 2 .00 (8 x 11") . 25 Special Printed Maps . 25/sq . ft . Topography Maps 50.00 + $5/Acre Flood Plain Maps .00 Free Developers Package Land Use Regulations (Zoning) 5 .00 Subdivision Regulations _2-5-Q- 3 °e' Sign Regulations 1 .00 ENGINEERING - hereby set as follows : Department Fees (employees ) City Engineer 29 .00/hour Technician III 20.00/hour Technician I 17 .00/hour Inspector II 17 .00/hour Inspector I 12 .00/hour Secretary 11 .00/hour -15- c 7 Fees Salary multiplier 1 . 5800 used when an employee ' s rate is not specified above . Project Plans & Specifications Charged at 807 of the fees computed according to Curve B expressed as a percentage of construction costs for projects of average complexity from 1972 ASCE Manual No . 45 . Permit Review 1 . Commercial 30.00 2 . Residential 15 .00 3 . Recheck @ 1/2 the original fee Plan, Plat and Report Review 1 . Review 30.00 2 . Plus hourly rate 3 . Recheck @ hourly rate Main Office 571-6066 UBURBAN 6875 Highway No. 65 N. E. NOINEERING Minneapolis, Minnesota 55432 INC. South Office 71 _ Civil, Municipal & Environmental Engineering 1101 Cliff Road 890-6510 LJLand Surveying • Land Planning • Soil Testing Burnsville, Minnesota 55337 April 1 , 1981 REPORT To : City of Shakopee Public Utilities Commission and City Council From: Suburban Engineering, Inc . Subject : T.H. 101 Trunk Watermain Extension City Project No. 80-11 DISCUSSION Extension of municipal water service to the properties along T.H. '101 easterly from Cretex Industrial Addition to Hall ' s Addition was investigated and reported Spetember 2 , 1980 . Initially it was proposed to extend about 4,500 feet of 12" trunk watermain along T.H. 101 only. Subsequently an additional . 550 feet of 12" trunk watermain was recommended to extend the trunk southerly through Hall ' s Addition to the Chicago Northwest- ern Railroad and terminate until extended in the future . RECOMMENDATIONS: As requested by the City, a revised estimate of cost for the project has been prepared and the cost of the trunk main to be constructed at this time is estimated to be $243 ,300 and $17 , 760 for services which is a total of $261 ,060 . The estimate for services is based on an 8" connection for each property to be served. It is proposed to install the size service according to specificed requests by each property owner . A detailed estimate is attached herewith. The project is feasible and is recommended for construction as described herein. ASSESSMENTS : The project is proposed to be assessed in accordance with the present City Policy. Commercial prope:_ , 'r is to be assessed on a front foot basis for an estimated 8" i -A-eral equivalent and industrial for a 9.2" lateral equivalent . the case where diff- erent land uses lie on either side of the .:.i•,rovement , the use requiring the larger sized main will be as . sled for the cost difference between the two main sizes on the opposite side of the improvement in addition to larger sized latoral the assesment for their side of the improvement . Robert Minder, Reg. Eng. E.A. Rathbun, Reg. Surv. Wm. E. Price, Reg. Eng. Gary R. Harris, Reg. Suru. Peter J. Molinaro, Reg. Eng. Wm. E. Jensen, Reg. Eng. William J. Brezinsky, Reg. Eng. H. William Rogers, Reg. Suru. Bruce A Paterson, Reg. Eng. Daniel P. Johnson, Reg. Eng. Kim W. Waldof, Reg. Eng. To : City of Shakopee - Public Utilities Comm. & City Council Re : T.H. 101 Trunk Watermain Extens:Lon April 1 , 1981 Page 2 of 2 In addition, a trunk assessment is proposed to the benefited properties on an area basis . The benefited area is shown on the attached drawing No. 1 . The area rate is $435 .00 per area in accordance with the trunk water policy of the City. The proposed assessment rates are as follows ; 12" lateral rate = $243 , 300 .00 = $44. 56 5460 Ass . Ftg. 8" lateral rate = $203 ,475 .00 _ $37 . 27 5460 Ass . Ftg. 8" Service $1 ,615 . 00/Service Trunk rate $ 435 . 00/Acre Estimated Cost to be Assessed: 12" Lateral Assessment - 901 ft . @ $44. 56 = $ 40 , 148. 56 8" Lateral Assessment - 4559 ft . @ $37 . 27 = $169 ,913 . 93 Services $ 17 , 760 .00 Area Assessment - 110 Ac . @ $435 . 00 = $ 47 , 850.00 TOTAL COST TO BE ASSESSED $275 ,672 .49 Since the estimated assessment cost of $275 ,672 .49 is greater than the construction cost the assessment cost should be used as the published cost of the improvements . Respectful lubm _ ted, C-c-474 William E. Price , P.E. SUBURBAN ENGINEERING , INC. WEP/jo enc. T.H. 101 TRUNK WATERMAIN 4 u:, CITY PROJECT 80-11 U PRELIMINARY ESTIMATE OF COST (Rev. 4/1/81) ITEM UNIT NO. CONTRACT ITEM UNIT QUANTITY PRICE AMOUNT TRUNK WATERMAIM 1. 16" DIP Watermain, Cl. 52 L.F. 45 $ 25.00 $ 1,125.00 2. 12" DIP Watermain, Cl . 52 L.F. 4,968 $ 20.00 $99,360.00 3. 6" DIP Watermain Cl . 52 L.F. 300 $ 12.00 $ 3,600.00 4. CI Fittings L.B. 7,300 $ 1.20 $ 8,760.00 5. 12" G.V. w/Box Ea. 3 $ 750.00 $ 6,000.00 6• Hyd. w/6" G.V. Ea. 13 $ 1,000.00 $13,000.00 7. Street Pavement Restoration (2" bit. , 6" base) S.Y. 750 $ 12.00 $ 9.000.00 8. Street Pavement Restoration (3" bit. , 12" base) S.Y. 50 $ 17.50 $ 875.00 9. Bit. Driveway Rest. S.Y. 150 $ 12.00 $ 1,800.00 10. Gravel Driveway Rest. S.Y. 640 $ 8.00 $ 5,120.00 11. Shoulder Rest. S.Y. 600 $ 6.00 $ 3,600.00 12. Seed& Mulch Ac. 1 .0 $ 2,500.00 $ 2,500.00 13. Sodding S.Y. 20,000 $ 1 .5Q 530,750.00 14. Jacked Road Crosssing L.S. 1 $ 5,500.00 $ 5,500.00 15 Granular Material for Foundation C.Y. 10 $ 15.00 $ 150.00 16. Clear & Grub Tree 70 $ 50.00 $ 3,500.00 TO-AL EST. CONST. COST $ 194,640.00 25% ENG. , ADM. , LEGAL & FISCAL $__ 48,,660_00 TOTAL EST. TRUNK COST $ 243,300.00 SERVICES 1. 8" DIP Watermain, Cl. 52 I . 260 $ 16.00 $ 4,160.00 2. 8" G.V. & Box Fa. 11 $ 450.00 $ 4,950.00 3. C.I . Fittings lb . . 4,250 $ 1.20 $ 5,100.00 TOTAL EST. CON i-. C0`1 $ 14,210.00 25% ENG. , APM. . LEGA!_ ?= FISCAL $ 3,550.00 TOTAL EST. SFR'!TCE COeT $ 17,760.00 1 T.H. 101 TRUNK WATERMAIN CITY PROJECT 80-11 PRELIMINARY ESTIMATE OF COST 8" EQUIVALENT LATERAL '(Rev. 4/1/81 ) ITEM UNIT NO. CONTRACT ITEM UNIT QUANTITY PRICE AMOUNT 1 . 8" DIP L.F. 5013 $ 15.00 $ 75,195.00 2. 6" DIP L.F. 300 $ 12.00 $ 3,600.00 3. 8" G. V. Ea. 9 $ 450.00 $ 4,050.00 4. Hyd. & G.V. Ea. 13 $1 ,000.00 $ 13,000.00 5. CI Fittings Lbs. 3450 $ 1 .20 $ 4,140.00 6. Street Pavement Restoration (2" bit. , 6" base) S.Y. 750 $ 12.00 $ 9,000.00 7. Street Pavement Restoration (3" bit. , 12" base) S .Y . 50 $ 17.50 $ 875.00 8. Bit. Driveway Rest. S.Y. 150 $ 12.00 $ 1 ,800.00 9. Gravel Driveway Rest. S.Y. 640 $ 8.00 $ 5,120.00 10. Shoulder Rest. S.Y. 600 $ 6.00 $ 3,600.00 11 . Seed & Mulch Ac. 1 .0 $2,500.00 $ 2,500.00 12. Sodding S.Y. 20,000 $ 1 .50 $30,750.00 13. Jacked Road Crossing L.S. 1 $5,500.00 $ 5,500.00 14. Granular Material for Foundation C.Y. 10 $ 15.00 $ 150.00 15. Clear & Grub Tree 70 $ 50.00 $ 3,500.00 TOTAL EST. 8" EQUIV. CONST. COST $162,780.00 25% ENG. , ADM. , LEGAL & FISCAL $ 40,695.00 TOTAL EST. 8" EQUIV. PROJ. COST $203,475.00 N CkY SUMMARY TOTAL EST. TRUNK COST $ 243,300.00 TOTAL EST. SERVICE COST $ 17,760.00 TOTAL EST. PROJECT COST $ 261,060.00 S)C1(___, MEMO TO : John K. Anderson , City Administrator FROM : Judith S . Cox, City Clerk i - RE : STH 101 Trunk Watermain Extension DATE : April 3 , 1981 Introduction Property owners affected by a Trunk Watermain extending from Cretex to Hall ' s 1st Addition have received written notification that the Council will be discussing this project on Tuesday and were urged to attend. (This is not a formal public hearing . ) Background Since this is going to be an assessment project it is important that the legal process be followed . Council has already adopted a resolution ordering a report and did receive a report from Subur- ban Engineering dated September 2 , 1980. Attached is a supplement to that report . S .P.U.C . is meeting Monday to discuss the project . After the Council discusses the project among themselves and with the interested members of the audience , formal action may be taken , if it is decided to proceed with the project . If all fee owners do sign a waive of their right to public hearing, the project can be expedited by eliminating the public hearing pro- cess ; however, all waivers must be in the City' s possession in order to proceed thusly. Council could then adopt a resolution (a) re- ceiving the report , ordering the improvement , and ordering prepara- tion of plans and specs . I understand that Mr. Price of Suburban Engineering may have the plans and specs ready by Tuesday. If he does , Council could adopt a resolution (b) approving plans and specs and ordering advertisement for bids . If all fee owners do not come to the meeting with signed waivers of their right to a public hearing, the project can continue in a timely fashion . Council could , at this time , adopt a resolution (c) receiving the report and calling a hearing on the improvement . It is necessary to hold a public hearing if all fee owners who will be assessed do not sign a waiver of their right to a public hearing. Assessment Hearing Council may also wish to discuss when to hold the assessment hearing. Mr. VanHout , Utilities Manager, and myself met on Thursday and dis- cussed this project . We both recommend holding the public hearing on the special assessments before a contract is awarded -- if the Council believes an appeal to the assessments would cause the project to be dropped. 1 1 STH 101 Trunk Watermain Extension Page Two ( / April 3 , 1981 g Recommended Action If Council wishes to proceed with the STH 101 Trunk Watermain extension : 1 . If all waivers are signed : 1) adopt Resolution (a) - Receiving a Report , Ordering An Improvement and Preparation of Plans and Specifications 2) adopt Resolution (b) - Approving Plans and Specs , and Ordering Advertisement For Bids 2 . If all waivers are not signed : 1) adopt Resolution (c) - Receiving a Report and Calling a Hearing on the Improvement 3 . If Council, deems appropriate : 1) Direct staff to prepare the resolution setting a public hearing on the assessments , in a timely manner so that the hearing can be held prior to the awarding of a contract . JSC/ jms • i CITY OF SHAKOPEES `; . -.:,.:: . PUBLIC UTILITIES COMMISSION f" 1030 EAST FOURTH AVENUE SHAKOPEE, MINNESOTA 55379 445-1988 March 26, 1981 RE: Watermain - Highway 101 Dear Sir: In an effort to get this project underway in as straight-forward a way as possible, the City Council will discuss it in detail on April 7, 1981 as the enclosed notice indicates. We expect to have at that meeting the updated costs, and an expected time schedule for the construction. If, after the discussion, there are no property owners who have an objection to signing another "waiver of public hearing", I believe that the Council will be in a position to take the action necessary to take bids for construction. For the Council to be able to legally take action will require that the new waivers be signed. Therefore it is important that all parties involved be present. We intend to have our part ready so this meeting willbe productive, and I would urge each of the property owners along this proposed project to attend the meeting. Sincerely yours, Lou Van flout, Utilities Manager SHAKOPEE PUBLIC UTILITIES COMMISSION • The Heart of Progress Valley 1 RESOLUTION NO. 1812 A RESOLUTION RECEIVING A REPORT ORDERING AN IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS S.T.H. 101 - TRUNK WATERMAIN WHEREAS, pursuant to Resolution No. 1679 of the City Council adopted August 26, 1980, a report has been prepared by Suburban Engineering, with reference to the improvement of S.T.H. 101 between the East line of Cretex Industrial Park 1st Add'n and the East line of Hall's 1st Add'n by Trunk Watermain construction, and this report was received by the Council on April 7, 1981; and WHEREAS, Council has considered the proposed watermain in accordance with the report and the assessment of abutting and benefitted property for all or a portion of the cost of the improvements (trunk and lateral facilities) pursuant to Minnesota State Statutes Chapter 429 at the estimated cost of the improvements of $275,672.49; and WHEREAS, the Council has received letters signed by all property owners abutting and benefitted by the propsed improvement waiving their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. A trunk improvement and lateral watermain extension is hereby ordered as proposed in the reports dated Sept. 2, 1980, and April 1, 1981, which extension shall run from the East line of Cretex Industrial Park 1st Add'n to the West line of L2, B1, of Hall's 1st Add'n and thence southerly approximately 555 feet. 2. Suburban Engineering is hereby designated as the engineer for the improvements.They shall prepare plans and specifications for the making of such improvements. 3. The work of this project is hereby designated as part of the 1980-11 Public Improvement Program. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 7th day of April , 1981. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1981. City Attorney . , D./ hRESOLUTION NO. 1813 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS S.T.H. 101 TRUNK WATERMAIN WHEREAS, pursuant to Resolution No. 1812 adopted by the City Council on April 7, 1981, Suburban Engineering, Consulting Engineers, have prepared plans and specifications for the improvements of S.T.H. 101 between the East line of Cretex Industrial Park 1st Add'n and the East line of Hall's 1st Add'n by Trunk Watermain and have presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the office of the City Clerk, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin and advertisement for bids upon the making of such improvements under such approved plans and spec- ifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the City Clerk until 10:30 AM on May 12, 1981, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Consult- ing Engineer, or their designee, will then be tabulated, and will be considered by the Council at 8:PM, or thereafter, on May 19, 1981, in the Council Chambers, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the order of the City of Shakopee for not less than five (5%) percent of the amount of the bid. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1981. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this _ day of , 1981. City Attorney • . . RESOLUTION NO. 1812 A RESOLUTION RECEIVING A REPORT AND CALLING A HEARING THE IMPROVEMENT OF S.T.H. 101 TRUNK WATERMAIN WHEREAS, pursuant to Resolution No. 1679 of the City Council adopted August 26, 1980, a report has been prepared by Suburban Engineering with reference to the improvement of S.T.H. 101 between the East line of Cretex Industrial Park 1st Add'n and the East line of Hall's 1st Add'n by trunk watermain, and this report was received by the Council on April 7th, 1981. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The Council will consider the 5th 101 Watermain improvement in accordance with the report and the assessment of abutting and benefitted property for all or a portion of the cost of the improvement (trunk and lateral facilities) pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $275,672.49. 2. A public hearing shall be held on such propsed improvement on the 5th day of May, 1981 in the Council Chambers of the City Hall at 8:30 P.M. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. The work of this project is hereby designated as part of the 80-11 Public Improvement Program. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 7th day of April, 1981. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of April, 1981 City Attorney _ MEMO TO : John K. Anderson , City Administrator FROM : Judith S . Cox, City Clerk RE : STH 101 Trunk Watermain Extension DATE : April 7 , 1981 Introduction Should the Council decide to proceed with the STH 101 Trunk Watermain Extension with a public hearing, additional action could be taken by the Council to expedite the commencement of construction . Background After discussing the proposed project with Mr. Price , the project engineer , and Mr. Bob Pulscher , bonding consultant , I have learned that the project could be expedited by the adoption of additional resolutions at the meeting Tuesday evening. Mr. Pulscher explained that the following resolutions , when adopted in proper sequence , do comply with the requirements of Mn . Statutes 429 public improve- ment project process . c) Resolution Receiving the Report and Calling a Hearing d) Resolution Directing the Preparation of Plans and Specs e) Resolution Approving Plans and Specifications and Ordering Advertisement of Bids Assessment Hearing Mr. Price is not recommending holding the assessment hearing prior to awarding the contract because bids are based upon estimated quantities and there is so much guess work in final assessment costs at this early date . Both Mr . VanHout and myself recommend holding the assessment hearing before a contract is awarded -- if , the Council believes an appeal to the assessments would cause the project to be dropped . If this is not the case and Council would not consider dropping the project , I then concur with Mr . Price in holding the assessment hearing later when the project is close to completion . Both of these recommendations are in conformance with earlier Council action addressing the timing of assessment hearings . JSC/jms RESOLUTION NO . 1813 get A RESOLUTION ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS (80-11 ) STH 101 TRUNK WATERMAIN EXTENSION WHEREAS , pursuant to Resolution No . 1812 of the City Council adopted April 7 , 1981 , a public hearing will be held on May 19 , 1981 at 8 : 30 P .M , to consider making the improvement of a trunk watermain of S .T .H . 101 between the East line of Cretex Industrial Park 1st Addition and the East line of Hall ' s 1si. Addition ; and WHEREAS , Council is desirous that bids on the proposed improve- ment be opened prior to the public hearing in order that more accurate costs on the improvement may be available for the hearing. NOW THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE , MINNESOTA that Suburban Engineering is hereby designated as the engineer for this improvement . BE IT FURTHER RESOLVED that Suburban Engineering shall prepare plans and specifications for the making of such improve- ment . Adopted in session of the City Council of the City cf Shakopee , Minnesota , held this day of 1981 . Mayor of the City of Shakopee ATTEST : City Clerk Approved as to form this day of _ — , 1981 . • City Attorney --- -------- RESOLUTION NO .- 1815 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS 80-11 STH 101 TRUNK WA'I'ERMA l N EXTENSION WHEREAS , pursuant to a resolution passed by the Council on April 7 , 1981 (No . 1813 ) , Suburban i:nAineerinb, Consult- ing Engineer , has prepared plans and specifications for the improvement of S .T.H . 101 between the East line of Cretex Industrial Park 1st Addition and the East line ot Hall ' s 1st Addition by trunk watermain extension , and has presented such plans and specifications to the Council for approval . NOW THEREFORE , BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE , MINNESOTA : 1 . Such plans and specifications , a copy of which is on file and of record in the office of the City Clerk , are hereby approved . f 2 . The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvements under such approved plans and specifications . The advertisement shall be published for three weeks , shall specify the work to be done , shall state that bids will be received by the City Clerk until 10 : 30 a .m. on May 12 , 1981 at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Consulting Engineer , will then be tabulated , and will be considered by the Council at 8 :00 p .m . on May 19 , 1981 , or thereafter , in the Council Chamber, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit , cashier ' s check , bid bond or certified check payable to the order of the City of Shakopee for not less than five (5%) percent of the amount of the hid . Adopted in session of the City Council of the City of Shakopee , Minnesota , held this day of , 1981 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this ___ day of , 1981 . City Attorney - > t MEMO TO: John K. Anderson , City Administrator FROM : Judith S . Cox, City Clerk 4- RE : Application for Pool Table License DATE : April 1 , 1981 Introduction I have received an application from Sub-Machine Shop for a license for three pool tables to be located at 1350 East 1st Avenue . Background The Planning Commission has granted a conditioned use permit for a game room and fast food facility to be located at 1350 East 1st Avenue . This building is located just east of the A & W . Proper publication in the official newspaper has been made . Alternatives a . Approve a license for three pool tables . b. Deny a license . c . Approve a license for a lessor number of pool tables . Recommended Action Approve the application and grant a license to Sub-Machine Shop for three pool tables to be located at 1350 East 1st Avenue through December 31 , 1981 . JSC/jms / • APPLICATION TO OPERATE BILLIARD TABLES UR POOL TABLES 0 SHAKOPEE , MINNESOTA NAME OF BUSINESS S(.) - (Y1acJ,,.) e. Skop ADDRESS OF BUSINESS 1 ,3 5 0 L. J st Lien APPLICANT ' S NAME 67- r vJ , i1 G �1G t^ ARE YOU A U. S . CITIZEN? �<r_ r I � r( PRESENT ADDRESS 36. q�1 ); f3ecLe�� . t3 for 444.e. — LENGTH OF TIME AT THIS ADDRESS I / , r. APPLICANT' S OCCUPATION 1- LENGTH OF TIME SO ENGAGED /5 �{'rc . APPLICANT ' S ADDRESSES & OCCUPATIONS�`ffFOR THE 3 YEARS PRECEDING THE DATE OF APPLICATION •i r 7 �. �nJ nier7iPoi / ev%'p,/ „VA, /S .1 s. i drpss . '7663 S / 76 tR Ss- %}1,�„ ,, t70r',d A NAMES & ADDRESSES OF APPLICANT ' S EMPLOYERS , IF ANY , FOR THE 3 YEARS PRECEDING THE DATE OF APPLICATION , HAVE YOU EVER BEEN CONVICTED OF A FELONY, GROSS MISDEMEANOR, OR MISDEMEANOR, INCLUDING VIOLATION OF A MUNICIPAL ORDINANCE BUT EXCLUDING TRAFFIC VIOLATIONS , AND IF SO, THE DATE & PLACE OF CONVICTION & THE NATURE OF THE OFFENSE -- Co”) oPtRarec/ NUMBER 3 AND KIND OF TABLES FOR WHICH A LICENSE IS DESIRED ,Poe: Tomes AT LEAST 4 CHARACTER REFERENCES IF APPLICANT HAS N T RESIDED IN THE CITY FOR 2 YEARS PRECEDING THE DATE OF APPLICATION CLdc-y / r' If1 R . E d O c e tc. Am A y 01R. `� e_ 1� Rc\ ►^� t ��.✓ p 8 AN ANNUAL FEE OF $100 .00 FOR THE FIRST TABLE AND $50.00 FOR EACH ADDITIONAL TABLE MUST ACCOMPANY THE APPLICATION. I hereby certify that the facts set forth in the above application are true and complete to the best of my knowledge . 5' (7727A:AgLlaa ate Appl. - . .aKtbnature title This application was approved by the City Council of the City of Shakopee in session, held this day of , 19 . • City Administrator Pursuant to CN4pEer 6 of the Shakopee City Code . In co PI o a'oMQ! A*Otie-1014 f , WILLIAM D. SCHOELLI U�� CARLISLE MADSON MAR 31.1981 JACK T. NOBLERSLER JAMES R. ORR I HAROLD E. DAHLIN LARRY L. HANSON SCHOELL I OSOKI N C. JACK E. GILL �._ ---•-THEODORE D. KEMNA ENGINEERS AND SURVEYORS JOHN W. EMOND KENNETH E.ADOLF WILLIAM R. ENGELHARDT R SCOTT HARRI (612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 GERALD L. BACKMAN March 27 , 1981 Shakopee Public Utilities Commission c/o Mr. Lou Van Hout, Manager 1030 East Fourth Avenue Shakopee, Minnesota 55379 Subject: County Road 83 - County Road 16 Trunk Watermain Contract No. 80-10 Gentlemen: Enclosed is Estimate No. 2 for the subject project. The project is 60 percent completed and we presently project the final cost will be approximately equal to the contract amount. We have checked the estimate and found it to represent the work completed. Payment to Brown & Cris, Inc. , in the amount of $53 , 836. 14, is approved and recommended. Very truly yours , SCHOELL & MADSON, INC. KEAdolf:mkr (24, enclosure cc: Brown & Cris, Inc. PARTIAL ESTIMATE VOUCHER Contract No. 80-lOKTPartial Estimate Voucher No. 2 Period Ending March 26, 19$1 TO: Contractor BROWN & CRIS. INC. Address 19740 Kenrick Ave.. Lakeville, MN. 55044 Project Description County Road 16 - County Road 83 Trunk Watermain 1. Original Contract Amount $ 263,R89 3a 2. Change Order No. 1 Thru No. $ (] ,Sin 95) 3. Total Funds Encumbered $ 262,37$_15_ 4. Value of Work Completed $ 205,569.77 Value of Work Remaining 5. 5 Percent Retainage $ 10,278.49 $ 56,808.58 Percent Complete 141,455.14 6. Previous Payments $ 60% Plus Payment 7. Deductions or Charges $ None for Materials 8. Total $ 151,733.63 Payment Due (Line 4 - Line 8) $ 13,816.14 CERTIFICATE OF PAYMENT (I, We) hereby agree that the quantity and value of work shown herein is a fair estimate of the work completed to date. CONTRACTOR: BROWN & CRIS. INC. APPROVED AND RECOMMENDED - � . � `/���J SCHOELL & MADSON, INC. BY: ' %� . ' f p 0.0417, BY: iaWf TITLE: V P, REVIEWED - C TY eEER DATE: ..7-427,o9/ • APPROVED - CITY OF S O'EE APPROVED - SHAKOPEE PUBLIC UTILITIES COMMISSION City Administrator /444 "0"4Pd'- Ma r Finance Director 3 -3/-8/ Date it i REQUEST FOR PAYMENT DATE: March 26. 1981 REQUEST NO. 2 PROJECT: COUNTY ROAD 16 - COUNTY ROAD 83 TRUNK WATERMAIN CONTRACT NO. 80-10 CITY OF SHAKOPEE, MINNESOTA CONTRACTOR: BROWN & CRIS, INC. 19740 KENRICK AVENUE LAKEVILLE, MINNESOTA 55044 ORIGINAL BID COMPLETED ITEM UNIT THIS MONTH TO DATE UNIT PRICE TOTAL UNIT AMOUNT UNIT AMOUNT DIVISION 1 - UTILITIES Watermain: 1. 6" D.I.P. Hydrant Leads, Cl. 52 86 LF 14.80 1,272.80 21.5 , 318.20 24,5 436.60 2. 12" D. I.P. , Cl. 52 665 LF 18. 50 12,302. 50 6 _ 111 .00 . 6 111 .00_ 3. 16" D.I.P. , Cl. 52 995 LF 23.40 ' 23,283.00 99.8 2.315.32 4. 18" D.I .P. , Cl. 52 3,820 LF 26.60 101,612.00 31231 85,94460 3,646 96„983.60 5. Rock Excavation 3,429 CY 11.00 37,719.00 2,257 24.827.00 2,257 24,827.00 6. 6" Blowoff Assembly 3 Ea 2,573.00* 7,719.00 1. 2,573,00 L 2,573.00 7. Air and Vacuum Valve Assembly 1 Ea 1, 553.00* 1,553.00 1 8. 12" Gate Valve 3 Ea 620.00 1,860.00 1 620.00 1 h20,00 9. 16" Butterfly Valve and Vault 1 Ea* 3,603.00* 3,603.00 9a.* 16" Butterfly Valve and Vault without, Air and Vacuum Valve 3 Ea* 3,103.00* 9,309.00 2 46.206.00 2 EiiOAQO 10. 18" Butterfly Valve and Vault 1 Ea* 4,153.00* 4, 153.00 10a.* 18" Butterfly Valve and Vault without Air and Vacuum Valve 4 Ea* 3,653.00* 14,612.00 2 7.304.00 2 1,14 on 11. Hydrant and Valve Assembly 8 Ea 1,030.00 8,240.00 2 2,060.00 . 3 3.090.00 12. Fittings12,705 Lbs 1.20 15, 246.00 , 6,845 8.215,90 6,845 8,914 00 13. 1" Corporation 1 Ea _ 25.00 , 25.00 14. 1" Curb Stop and Box 1 Ea 50.00 , 50.00 . 15. 1" Copper Service ., 10 LF 15.00 150.00` 16. Jacked Crossing Under County Road 83 for 16" D.I.P. 1 44 LF 133.00 5,852.00 44 5,852.0(1 k, ORIGINAL BID COMPLETED ITEM UNIT • THIS MONTH TO LATE UNIT PRICE TOTAL UNITAMOUNT 4 UNIT AMOUNT DIVISION 2 - RESTORATION 1. 2" MnDOT 2341 Bitu- minous Wear _ 13 Tn 51.00 663.00 2. 2" MnDOT 2341 Bitu- minous Binder 13 Tn 51.00 663.00 3. 6" Class 5, 100% Crushed 35 Tn 10.00 350.00 4. Seed and Mulch 18,370 SY .25 2,092.50 5. Seed and Mulch w/4" Black Dirt 4,450 SY .93 4,138.50 6. Sod 2/4" Black Dirt 2,680 SY 2.00 5,360.00 7. Driveway Rock 55 Tn 10.00 550.00' SUB TOTAL 262,378.30 138,179.801 158,554.52 ADD: Materials on Site Water Products - Remaining Material on Hand 20,338. 77 U.S. Pipe - ** See Recap Below 26676.48 * Unit Prices Modified by Change Order No. 1 205569.77 ** Recap for U. S. Pipe: 659 L.F. 12" D.I.P. @ $11.59 = $ 7,637.81 895.2 L.F. 16" D.I.Y. @ $16.44 = 14,717.09 174 L.F. 18" D.I.P. @ $18.94 = 3,295.56 Sub-Total 25,650.46 Add: 4% Sales Tax 1,026.02 TOTAL $26,676.48 b c F. r-' I-' F-, F-, I✓ r-• I-' F-, F-' F-' r-' - F-' IJ I-' N HP i'' I-' I--, r•, CG I_, F, F-' 1_, i--, F, F' H F-' ,-.-• 1✓ F- F-' F-' F-' F-' 1-, t_, F- F-' CO W Ni N Ni W Ni Ni N W W W W W W W W W W N 10 W la H 1...., r-•• Ni W N F-' r-• U.) r I-, I r I-, F-• r F-' r-• F-' N 00 LJ 10 In O N t- F, O O F-' In In In In In In In In In Ln O O O O j. - Co 00 Co Co CO 00 DD CO Co CO CO 00 Cb CO CO CO Co CO 00 CO 0o n 00 - I- F, F, I- - H, 1--' F- 1-, F-' H, F•-' F-' F-' F-' N F-' H., F-' H, I--, o ,� F_, F, t-, F-, F, F-' F-, F-' F-, I-' F- F- I-J F-' 1-J 11 F-' - 1- F, F--' 00 00 CO CO CO CO CO 00 00 00 Cb CO 00 00 CO CO CC) CO CO CO CO 00 H rd 1.- I-' t•-' I-' I-' I--' I-. 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H. rt I XI ,T1 =J C') n H w 0, C) C • m x v) fD H ri G C fn H. n fD cn t� H. rt 0 H W G C fD rt fD C) ' rD z Cn 0 b n w0 b rD n n w W fA H H. G fn rt cn A) 0 H ri H n O, O In L) O In co O N • V �_ Ln O ON In H H o 0 o v V V n 00 co 0o 00 00 0o W N H 0 City of Shakopee POLICE DEPARTMENT 476 South Gorman Street SHAKOPEE, MINNESOTA 55379 Tel. 445-6666 TO: Mayor, Council Members FROM: Thomas Brownell SUBJECT: Revised Remodeling Proposal DATE: March 30 , 1981 Due to a time delay, the original general contractor voided his bid for other business considerations. Therefore, addi- tional bids were obtained. One additional item has been added to the original proposal which is a counter/cabinet to be installed in the booking/ breathalyzer room to prevent damage to the breathalyzer, camera, and video recorder. RECOMMENDATION Award general construction - E.L. Prahm $2, 500 Metal Curtain - R.E. Stanton Co. 1,220 Counter/Cabinet - Larry Link Cabinets 495 Electrical - Redfield Electric 285 go eSezve wt t cg/1 ,\\ City of Shakopee ,- POLICE DEPARTMENT .3 141E 476 South Gorman Street " s � SHAKOPEE, MINNESOTA 55379 ,440 Y_a Tel. 445-6666 P O L I C r. , ‘' 55 379 ' ` TO: Mayor, Council Members FROM: Thomas Brownell SUBJECT: Fire Service Reimbursement for Vehicle Fire DATE: March 20, 1981 BACKGROUND INFORMATION Historically, the City of Shakopee has experienced difficulty collecting fire fees from Townships and individuals who are non-residents of the City who have received fire service in- volving motor vehicles. During 1980 , there were 16 vehicle fires in the City and 6 in the Townships. Our records do not reflect the ratio of resident/non-resident fires. The matter has been reviewed by the City Council, Township Officials, City Administrator , and Department Heads. Various alternatives have been discussed, such as impounding vehicles pending reimbursement to the City of the fire fee. The impoundment alternative has several negative aspects. 1. The City nor Township has the legal authority to impound a fire damaged vehicle for the purpose of fire fee col- lection and a code/ordinance would be required. 2 . The City does not have an impoundment area for vehicles that would not create an unsightly condition for residents. 3 . Uncla'med vehicles would require disposal by the City and the proceeds, in all probability, would not pay for the towing fee , and would definitely not cover the adminis- trative ,fire fee and daily impoundment costs if the vehicle was stored with a towing service. RECOMMENDATION 1. The Fire Department will complete the attached form ob- taining as much of the requested data as is available at the scene of the fire. JO �ETVE otEct Fire Service Reimbursement for Vehicle Fire Page -2- 2 . The form will be submitted to the City of Shakopee Finance Director who will attempt to collect the fire service fee for service provided to the Townships, non-City residents, and those having insurance coverage . CITY OF SRAKOPEE 1 129 East First Avenue S (// Shakopee, MN 55379 FIRE CALL REPORT FOR BILLING Date: 1. LOCATION: 2. DATE: 3. TIME: 4. TYPE OF FIRE: 5. TOWNSHIP: 6. OWNER: 7. ADDRESS: 8. FIRE NUMBER: 9. LICENSE PLATE NUMBER: 10. STATE: 11. DRIVERS LICENSE NUMBER: 12. STATE: 13. INSURANCE COMPANY: 14. POLICY NUMBER: HOURS TO BE BILLED: Date received at City Hall: FIRE DEPARTMENT SECRETARY Date Billed: MEMO TO : John K. Anderson City Administrator FROM: Don Steger City Planner RE: Proposed Manufactured Housing Legislation DATE : April 1, 1981 Background : A bill has been introduced in the State Legislature (H.F. 671) which would require municipalities to consider manufactured housing and mobile homes as permitted single family uses of property under local zoning regulations . This proposed legislation would permit mobile homes in any zoning district in which conventional single family homes are allowed, as long as the mobile home is placed on a permanent foundation. Considerations : Because of my past experience with mixing mobile homes in conventional single family neighborhoods , I find the proposed legislation to be very distrubing. Specifically, I foresee the following problems : 1) Allowing mobile homes in single family neighborhoods has a definite tendency to reduce the value of surrounding conventional single family properties . Whether the reduction in home values is real or just perceived, the net effect is the same (i . e. conventional single family homes adjacent or in proximity to mobile homes tend to have a lower market value . 2) Allowing mobile homes in conventional single family neighborhoods tends to be aesthetically detrimental to the neighborhood. Mobile homes are generally perceived to be unattractive and tend to require a higher degree of maintenance. 3 ) Because mobile homes are generally considerably lower in value than conventional single family homes, they generate lower taxes per unit . However, mobile homes on individual lots still require the same level of City and public services as conventional homes . The cost/benefit ratio to the City is , therefore, not as good. John Anderson April 1, 1981 Proposed Manufactured Housing Legislation Page -2- Recommendation : Based on general planning principles and on my direct experience with mobile homes , I strongly recommend that the proposed bill not be supported. While recognizing a definite need for alternative and lower cost housing, I feel that mobile homes should be permitted only in mobile home courts or parks . DS/j iw cc : Leroy Houser Building Inspector Recommended Action: Direct staff to send a letter to the State Representatives for Shakopee , expressing the City' s opposition to passage of a bills ould require municipalities to consider manufactured housing and mobile homes as permitted single family uses of property under local zoning regulations . ... . 0i. CITY OF SHAKOPEE 4'.,.,,f1',/,- 4.,, if„, .... f'.. 129 East First Avenue, Shakopee, Minnesota 55379 .. 4 - . ,ja ,,...., e‘C4.11,t01) ... MEMO TO' John Ander=n- City Administrator FROM: LeRoy Houser, Building Official , SUBJECT: Proposed Manufactured Housing Legislation DATE: March 31 , 1981 Background: As stated in my previous memo to you, the proposed legislation is deceptive. Instituted by the mobile home manufacturers, they have convinced your legislators to change the name of mobile homes to "Manufactured Housing" for the purpose of slipping this bill through which will in effect allow any one to park a trailer house or mobile home on any city lot in any subdivision not covered by restrictive covenents. The net result could very well be extremely detrimental to the property values of existing dwellings located within our City. Recommendation: I strongly recommend this bill lacks your support. LFH:plk .„ • 0 , I , , ■ 7;1 ,8?league of minnesota cities March 20, 1981 TO: Member City Councils (through the_ city clerks) . Mayors , Managers, and Administrators FROM: Duke Addicks, Legislative Counsel RE: Manufactured Homes In the Action Alert of March 17, dealing with bills opposed by the League, it was not made clear that the bill dealing with MANUFACTURED HOMES does aRftly to all cities. Thus, if the bill passes, all mobile and other manufactured homes which meet the federal standards must be permitted on any and all residential lots in your city, subject to being placed on a permanent foundation, and other minor installation requirements. Please let your legislators know your opinions as the first hearing will be Thursday, March 26, at 12:00 in Room 51, SOB. The subcommittee members are: Name District Phone (A.C. 612) Kalis 30A 296-4240 Hoberg 9A 296-4066 McCarron 46A 296-4242 McEachern 18B 296-4237 Niehaus 16A 296-4379 Shea 32A 296-8636 DA:rmm • 300 hanover building, 480 cr:dar street, saint ,JaL.il, minnesota 55101 161 2) 222-2661 1 [REVISOR ] HMW/BC 81,", 'J6' E : 271981 Introduced by Rees, Voss, R. Anderson H.F. No. c',11571(* :: March 5th, 1981 Companion S.F. No. Ref. to Com. on Local F, Urban Affairs Ref. to S. Com. on Reproduced by PHILLIPS LEGISLATIVE SERVICE, INC. 1 A bill for an act 2 relating to manufactured homes; requiring provision 3 for manufactured homes in planning and zoning; 4 amending Minnesota Statutes 1980, Section 462 . 357, by 5 adding a subdivision. 6 7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 8 Section 1 . Minnesota Statutes 1980, Section 462 . 357 , is 9 amended by adding a subdivision to read: 10 Subd. 9 . [MANUFACTURED HOMES. ] ( a) The legislature finds 11 that manufactured housing offers individuals and families an 12 additional opportunity to own and live in decent, safe and 13 affordable housing on a permanent basis . 14 (b) For the purposes of this subdivision the following 15 terms have the following meanings: 16 ( 1 ) "Local government unit" means a home rule charter or 17 statutory city, a county and any town, whether or not having 18 powers pursuant to section 368 . 01 . 19 (2 ) "Manufactured home" means a structure defined in 20 section 603 (6) of the National Manufactured Housing 21 Construction and Safety Standards Act of 1974, as amended. 22 (3 ) "Foundation system" means a permanent foundation 23 constructed in conformance with the state building code . 24 (c ) A manufactured home certified under the National 25 Manufactured Housing Construction and Safety Standards Act of 26 1974, as amended, on a foundation system shall be considered a s [REVISOR ] HMW/BC 81-0706 Tr 1 iermitted single family residential use of property for the 2 purposes of zoning regulation in the territory of a local 3 government unit. 4 (d) A local government unit may designate lots zoned for 5 single family residential property to be used for manufactured 6 homes on foundation systems. The lots may be subject to any 7 subdivision regulations which apply to other single family 8 residential property. 9 (e) A local government unit may subject a manufactured home 10 and the lot on which it is placed to any of the development 11 standards to which another single family residential dwelling on 12 the same lot would be subject, including but not limited to, 13 building setback standards, side and rear yard requirements, 14 standards for access and vehicle parking, minimum and maximum 15 square footage requirements, and architectural and aesthetic 16 requirements. However, any architectural requirements imposed 17 on the manufactured home itself shall be limited to its roof • ; 18 overhang, roofing material and siding material. A local 19 government unit may not apply any development standards which 20 will have the effect of totally precluding manufactured homes 21 from being installed as permanent residences . O -� MEMO TO : John K. Anderson, City Administrator FROM : Judith S . Cox, City Clerk RE : Proposed Legislation Regarding Wine in Grocery Stores and One Class of Beer DATE : April 3 , 1981 Background The City has received the attached Action Alert from the League of Minnesota Cities encouraging us to express our opposition to pro- posed legislation . Introduction A bill will be introduced to permit the sale of wine in grocery stores . A bill will be introduced to establish one class of beer in Minnesota . The League has not been able to provide us with a copy of either bill . I concur with the League ' s reasons for opposition . It has also been brought to my attention that if grocery stores are permitted to sell wine and a violation occurs , their license would be pulled but they can still operate as a grocery store , however a liquor store in a similar situation would be out of business . A liquor store has more at stake in complying with the letter of the law. Note : these bills come up every year. Recommendation The City is pleased with the status quo and would recommend opposi- tion to both bills . Action Requested Direct staff to send a letter to the State Representatives for Shakopee , expressing the City ' s opposition to passage of a bill establishing one class of beer and permitting the sale of wine in grocery stores . JSC/jms ni llll-illl league of minnesota cities March 17, 1981 TO: Member City Councils (through the city clerks) . Mayors , Managers , and Administrators FROM: Duke Addicks, Legislative Counsel BILLS OPPOSED BY LEAGUE Please contract your legislators and express your opinion on the following bills or proposals opposers by the League. 1. MANUFACTUREDQ HOMES AS A PERMITTED) SE. �. Rees- buss-;-R:Anderson) would require that in all counties owns, manufactured housing and mobile homes certified under the national standards must be considered a permitted single-family use of property under local zoning regulations. The architectural require- ments which may be imposed on a manufactured home or mobile home are limited to roof overhang and roofing and siding materials . Local development standards which would preclude the use of manufactured homes and mobile homes as permanent residences are prohibited. The bill is opposed by the Board of Directors of the League of Minnesota Cities. The S_F__has not_yet been introduced. 2. � WINE IN GROCERY STORES. _ bT11 will beintroduced to permit the sale of wine in grocery stores . See discussion below. 3. ONE CLASS OF BEES) : ' •- introduced to establish one class of beer in Minnesota . Both bills are contrary to LMC Policy. Although these two bills have not been introduced yet, your opposition, if any, should be expressed now as the bills will be heard shortly after introduction. The reasons for LMC opposition to these bills are as follows : • - Reduced sales by municipal liquor stores if strong beer is available wherever _ 3.2 is sold now and if wine can be purchased in grocery stores. - Control over who consumes beer and wine will be reduced if strong beer and wine can be sold at grocery store check-out counters and if strong beer can be sold where 3.2 is now sold. How cautious will or can the owner be if beer and/or wine is sold along with a large variety of other products? - Reduced city control through licensing may occur if the bills force cities to give a strong beer license to anyone who now has a 3.2 license. PI* - 4V4aN ;7/ A4I Copicc�,erv; WA21 X vg _T-1/v ,A7eme--,0 uc 0 ol-PAlcA ti pezA4) o7/6e0C A(7-r 491 5/0 o ;cG /671% Gc1ia(/ P/40 .36r-/e- _Z-AJ 7-iE ,ce Ss 77 s / /!E _ -IfoR A you �� & eo , cii._ 4 (4.) XIS /17 u,c),L '-elA;Leds 7%,41 Gf IO2 74/ 1 - £ finis , s s B ,,93f s ieg-s s`r ce% AS 2,7140',e dloRr,s. 'c &' w 7-i A id L04 i G; € 7;is Uou 0 sct ke G iafc, t14 ps 7L o i S /2, A 61 v�- © 2 d 2 �%- )(Aid/4/e S. r 011 "402,,--7 0 0/41.16y csr_ ( /&e:4/-, MEMO TO : Mayor and City Council FROM : John K. Anderson , City Administrator RE : Policy/Guidelines for Tax Increment Financing (TIF) Projects DATE : March 24 , 1981 Introduction City Council , at its March 17 , 1981 meeting , discussed whether or not it would make the tool of Tax Increment Financing (TIF) avail- able for housing projects . Council was provided with summary mate- rial from the League that indicated that TIF under MS 273 . 71 could be used in (1) a Redevelopment DISTRICT (2 ) Low and Moderate Income Housing DISTRICT and (3) Economic Development DISTRICT. Council , in response to a specific request for the use of TIF for purpose #2 , stated that they would receive and review proposals for low and moderate income rental housing. Council then asked that staff prepare a draft policy for using T . I .F . , particularly as TIF related to conventional housing projects . Legal Authority Before a development proposal can be considered for TIF DISTRICT it must meet the definition of a PROJECT as defined in one of the following : MS 362A.01 Mn Housing Finance Agency Law MS 458 . 191 Past Authority Law MS 462 .421 Housing Redevelopment MS 472 A Municipal Development Districts MS 474.02 Municipal Industrial Development Act After the development proposal successfully meets the criteria in one of the above Mn Statutes and can be defined as a PROJECT, MS 273 . 71 , the TIF act definition and criteria must be met before a TIF DISTRICT can be created . Thus a potential development proposal must first become a PROJECT and then a DISTRICT. This sequence is outlined in MS 273 . 71 as follows : Subd . 8 . Project . "Project" means a project as defined in section 362A.01 ; an industrial development district as defined in section 458 . 191 , subdivision 1 ; a project as defined in section 462 .421 , subdivision 14; a development district as defined in chapter 472A or any special law; or a project as defined in section 474 .02 , sub- divisions 1 , la or lb . Subd. 9 . Tax increment financing district . "Tax increment financ- ing district" or "district" means a contiguous or noncontiguous geographic area within a project delineated in the tax increment financing plan , as provided by section 273 . 74, subdivision 1 , for the purpose of financing redevelopment , housing or economic develop- Policy/Guidelines for Tax Increment Financing (TIF) Projects p Page Two March 24 , 1981 ment in municipalities through the use of tax increment generated from the captured assessed value in the tax increment financing district . Subd . 10. Redevelopment district . (a) "Redevelopment district" means a type of tax increment financing district consisting of a project , or portions of a project , within which the authority finds by resolution that one of the following conditions , reasonably dis- tributed throughout the district , exists : 1 . The land is predominantly occupied by buildings , streets , utili- ties or other improvements and more than 50 percent of the buildings , not including outbuildings , are structurally substandard to a degree requiring substantial renovation or clearance ; or 2 . The land is predominantly occupied by buildings , streets , utili- ties or other improvements and 20 percent of the buildings are struc- turally substandard and an additional 30 percent of the buildings are found to require substantial renovation or clearance in order to remove such existing conditions as : inadequate street layout , incompatible uses or land use relationships , overcrowding of build- ings on the land, excessive dwelling unit density, obsolete buildings not suitable for improvement or conversion , or other identified hazards to the health , safety and general well being of the community ; or 3 . The land is not predominantly occupied by buildings , streets , utilities or other improvements , but at least 80 percent of the total acreage of such land has a fair market value upon inclusion in the redevelopment district which, when added to the estimated cost of preparing the land for use , including utilities , if any , exceeds its anticipated fair market value after completion of said prepara- tion ; or 4 . The property consists of underutilized air rights existing over a public street , highway or right-of-way. (b) For purposes of this subdivision , "structurally substandard" shall mean containing defects in structural elements or a combina- tion of deficiencies in essential utilities and facilities , light and ventilation , fire protection including adequate egress , layout and condition of interior paritions , or similar factors , which defects or deficiencies are of sufficient total significant to justify substantial renovation or clearance . "Predominantly occupied" shall mean at least 50 percent of the parcels comprising at least 50 percent of the acreage . Subd . 11 . Housing district . "Housing district" means a type of tax increment financing district which consists of a project , or a portion of a project , intended for occupancy , in part , by persons or families of low and moderate income , as defined in chapter 462A, Title II of the National Housing Act of 1934 , the National Housing Act of 1959 , the United States Housing Act of 1937 , as amended , Title V of the Housing Act of 1949 , as amended , any other similar present or future federal , state or municipal legislation , or the regulations promulgated under any of those acts . C Policy/Guidelines for Tax Increment Financing (TIF) Projects Page Three March 24, 1981 Subd . 12 . Economic development district . "Economic development dis- trict" means a type of tax increment financing district which consists of any project , or portions of a project , not meeting the requirements found in the definition of redevelopment district or housing district, but which the authority finds to be in the public interest because : a . It will discourage commerce , industry or manufacturing from moving their operations to another state ; or b . It will result in increased employment in the municipality; or c . It will result in preservation and enhancement of the tax base of the municipality. It would be possible for a development proposal for market rate (un- subsidized) housing to be defined as a PROJECT under at least one of the statutes above , the most likely might be MS 462 .421 or MS 474.02 . This report will only use the example of MS 462 .421 which defines two types of PROJECTS ; Subd . 12 provides for Housing PROJECTS and Subd . 13 provides for Redevelopment PROJECTS . The proposal in ques- tion would potentially qualify under the latter. The key words and phrases in the definition are : 1 . To acquire . 2 . Open or undeveloped land . 3 . Which is determined blighted by virtue of conditions of unusual and difficult physical characteristics of the ground. 4 . Which have prevented normal development of the land by private enterprise . 5 . Provided the redevelopment plan . . . provides for the elimination of these conditions . To create a redevelopment PROJECT under Subd . 13 above , Council would have to make a finding that 2-5 above have been met . Then Council could apply Subd. 10 (a) 3 . of the TIF Act MS 273 . 71 to create a TIF Redevelopment DISTRICT. It is the use of the above approach to apply TIF to raw land that is being scrutinized the most by the State Legislature this session. The temptation to use this approach is great because the project can capture the increment for up to 25 years vs . 8-10 years under the Economic Development definition . As a policy option , Council could state that they would only consider raw land under the Economic Development definition . A second policy option might focus on the true intent of 3 and 4 above by stating that only those site development costs above the normal site develop- ment cost for the community would be eligible for TIF. Current Practices Apparently no City has used TIF for conventional housing projects on open or undeveloped land. I have checked with the Technical . Policy/Guidelines for Tax Increment Financing (TIF) Projects 1v Page Four March 24, 1981 Assistance and Research Service (TARS) of the League , the City ' s TIF attorneys (the Dorsey firm) and other metro area cities and no one has ever heard of a community using a Redevelopment PROJECT or an Economic Development PROJECT for unsubsidized conventional housing on open land ! It does seem clear , however , that both could be used to create a TIF DISTRICT for unsubsidized conventional housing. The policy questions are : (1) Does Shakopee want and/or need to use TIF for conventional housing development on open undeveloped land ; (2) If so , under what conditions ; and , (3 ) What are the ramifications of such a use? Potential Ramifications Assuming the Shakopee City Council answered question #1 above in the affirmative and employ few conditions (question #2) what kind of ramifications (question #3) can we reasonable expect . If one conven- tional residential subdivision (R-1 thru R-4) were acquired and the public utilities for the site installed , how would that effect other subdivisions? If the land in question did in fact meet the redevelop- ment definitions in 2-5 on page 3 , then the cost of developing the land would go from a level that prevented private development to something that enabled private development . Housing sold in such a development would be comparable in cost to non-TIF project housing. If, on the other hand, the land did not have unusually high develop- ment costs and the developer was able to bring the sale price of his housing down below that of other developers , his competitors would eventually have to seek TIF to be competitive . Under this example , Shakopee might find itself with huge chunks of subdivided residential land with taxes frozen for increment purposes . If the conditions that Shakopee placed on the use of TIF for conven- tional housing were only somewhat limiting, the problem would still exist . For example , if ground that has rock near the surface , re- quiring expensive excavation for utilities , was determined to be blighted because of its "physical condition" then there would still be roughly 75% of the urban service area of the City that would qualify for TIF. The same situation might be applied to storm water problems or problems with development in sugar sand . Sample TIF Policies According to TARS there was only one City that they knew of that had developed any TIF policies or guidelines and that was Minnetonka . Minnetonka adopted two separate policies , in February, one for Rede- velopment Projects and one for Economic Development Projects . The policies and accompaning application forms are attached for Council ' s review and use as the basis for developing a Shakopee TIF policy . Note carefully that the possibility of using TIF for unsubsidized conventional housing projects is not prohibited , but that a good number of conditions have been established ( see policy #2 and #3) . Policy/Guidelines for Tax Increment Financing (TIF) Projects Q ry Page Five March 24, 1981 Summary and Recommendation In review, it should be pointed out that unsubsidized conventional housing has been constructed with TIF using the MS 462 .421 Redevelop- ment PROJECT definitions to acquire and remove blighted buildings . In addition , the City of Savage is using it to remove four newer homes along County Road 42 to eliminate the four driveways (health and safety) that entered a major arterial street ; and , to write down the property for sale to a quad home builder at the same cost as the adjacent vacant land . The increment is being applied only to the land the four homes were located one . Thus the land was cleared and sold at the bare land price of the adjacent land and will be incorporated in the quad home development . To preserve flexibility for projects like the two above and to avoid the potential problems described under "Potential Ramifications" , it is my recommendation that a policy very similar to Minnetonka ' s be adopted and that we require data from the applicant in all cases to determine if policies #2 and #3 (Minnetonka example) have been met. One final note, there is a growing public concern over the use (improper use) of TIF and the State Legistature is , as a result , introducing numerous bills to modify the current TIF laws . It is my feeling that the Minnetonka policy does much to insure TIF is not used improperly and will , therefore , likely meet "most" of the changes being proposed should new legislation become enacted . JKA/jms attachment U ., 'MEMO TO : John K. Anderson City Administrator FROM: Don Steger City Planner RE : Review of Tax Increment Financing (TIF) Policy/ Guidelines DATE : March 30 , 1981 1. I have never heard of TIF being used for conventional housing projects unless unique problems or circumstances needed to be overcome. I agree with your analysis that many potential problems may occur should TIF be used in this manner. (I would recommend against it ) . 2. I feel it may be advisable for the City of Shakopee to have a TIF policy similar to Minnetonka' s policy. 3. In reference to Minnetonka' s TIF Procedure No. 2 , it may be appropriate to include the taxing districts (County, School District, etc . ) in the initial project review meeting. Because they would ultimately be affected by the proposed project , they may desire input . 4 . In reference to Minnetonka' s TIF Procedure No. 7 , it seems inappropriate to me that a developer would hold a meeting with affected property owners (within 500 feet of the proposed project ) . An official public hearing called by the City and conducted by the developer may be more appropriate. 5 . Overall, I think Minnetonka' s TIF Policy is good and the City of Shakopee should initiate a similar policy. DS/j iw A opted 2/17/81 • COUNCIL POLICY STATEMENTMAR 1 6 1981 Subject: Review of Tax Increment Redevelopment Projects CITY OF 3'IA,•KOPEE Minnesota statutes place the responsibility for redevelopment projects with housing and redevelop- ment authorities. Under Minnesota statutes, however, the redevelopment and tax increment financing plans of the authority must be approved by the City Council. In addition, the financing of such Projects requires the active involvement of the City. As a result, it is necessary that the City have a policy in regard to these projects. The purpose of this policy statement is to establish the City's position with respect co the processing of requests for, and the creation and implementation of, tax increment financing districts for redevelopment purposes. STATEMENT OF POLICY Applicability it is the policy of the City of Minnetonka to remove, prevent, or reduce blight, blighting factors or the causes of blight (M.S,A, 462.421, Subd. 13) in order to protect property values and the tax base of the City. For those purposes it may be necessary to create tax increment redevelopment districts in selected portions of the City and to fund public improvements or public redevelopment costs for private developments within such districts. Creation of tax increment redevelopment districts or requests for tax increment funding of improve- ments may come as the result of City initiative, Housing and Redevelopment Authority action, or a private proposal. It is in the public interest that the creation of tax increment districts and the financing of improvements with tax increments be made only after the City has been fully informed concerning the proposal and its current and future prospects, and has been able to thoroughly investigate it. Where a company or individual is requesting creation of a tax increment district or the financing of improvements via tax increments, that company or individual will be required to furnish certain information needed for such investigation and may be required to assume the costs of the City's efforts. It shall be the expressed intent of the City to expedite to the greatest extent feasible the processing of all requests for the approval of tax increment projects so that no undue delays are experienced by the applicant. However, nothing herein shall be construed as representing a commitment on the part of the City to create tax increment districts. Policy The following policies will be observed in the Council's consideration of the approval of tax increment projects: 1. Benefit to the City: For purposes of determining benefit of a proposed tax increment district or project, both its estimated economic and other benefits shall be considered. The economic benefit is the increased tax base that will result, not only in terms of the absolute increase in the tax base, but also with respect to how great an increase will be received from a given public investment. Equally important is the contribution the proposal makes to eliminating blight, preventing the spread of blight, or supporting other parts of the redevelopment plan that achieve those ends. The removal of particularly detrimental land uses or buildings, or the provision of especially needed services or types of development are benefits that will be considered in evaluating requests. 2. Character of Improvement: A viable project should typically be able to pay the cost of streets, utility service, site preparation, etc. It is recognized, however, that redevelopment projects often involve extraordinary costs not associated with typical development projects. Costs to acquire and remove existing structures and costs associated with changing the image of a declining area are examples of such extraordinary costs. In determining improvements to be funded with tax increments, the City will consider the extent to which these improvements are, or are the result of circumstances, unique to a redevelopment situation. 3. Demonstration of Need: A request for tax increment financing shall demonstrate that feasible alternative financing is not available and that the assistance applied for is needed in the amount requested. As such, the developer may be asked to submit a proforma, an estimate of the costs and revenues of the project, and other information as deemed essential for analysis by the City. Such analysis will either be made by Staff and the Financial Advisory Committee or through a consultant when considered necessary. - ? - COUNCIL POLICY STATEMENT Ar i. Risk to the City: In add increment financing will belbased onon to ewhen ethe r odevelopment sis�expected toavorable noccur aandnther tax certainty that the tax increment will be received. Tax Increment Revenue Bonds, rather than General Obligation Bonds, will be used to fund improvements to be repaid with tax increment. Applicants for tax increment financing of improvements will be required to sign an acceptable written agreement with the Minnetonka Housing and Redevelopment Authority setting forth the responsibilities of the applicant and the HRA with respect to the project. The performance of the applicant under such contract shall be supported by presentation of a suitable financial guarantee. Procedure The following procedures will be utilized in reviewing tax increment financing proposals: 1. A written request shall be submitted concurrently to the City Manager's office and to the Executive Director of the Minnetonka Housing and Redevelopment Authority by the person or firm requesting the City and HRA to utilize their tax increment financing capacity. The request shall contain, at a minimum, the information in the pre-application form. 2. Upon submission the request shall be reviewed by a committee consisting of the Planning Director, City Engineer, Director of Operations and Maintenance, Finance Director, and HRA Executive Director and chaired by the City Manager to determine, on a preliminary basis, whether the proposal appears to be feasible. 3. The application and supporting financial data shall be submitted to the City's Financial Advisory Committee for review. 4. The preliminary proposal shall be placed on the next regularly scheduled agendas of the HRA and of a City Council Work Session for their preliminary review. At those times, the developer may make a presentation, and Staff will make preliminary comments concerning the perceived feasibility of the project. 5. Based on the preliminary review, the applicant may elect to file a formal application with the City, accompanied by a fee of $100.00 which shall only be refundable at the time of signing a redevelopment contract in the event the project is approved. n. Upon the filing of a formal application, Staff shall proceed to complete a tax increment financing analysis which shall examine in detail the proposal's financial viability, benefit to the community, etc. 7. The developer shall be responsible for holding at least one (1) meeting with residents and property owners in and within 500 feet of the proposed tax increment district and to formally report the results of such a meeting or meetings to the City Council and HRA at the time that the tax increment financing analysis is presented to the City Council and HRA as discussed in Step 8. Upon completion of the tax increment financing analysis, a recommendation will be made to the City Council and HRA. Based upon that recommendation, the Council and HRA may authorize the Staff to commence negotiation of a redevelopment project. 9. Negotiation of the redevelopment contract prepared by the HRA occurs, .0. Partly simultaneously with the negotiation of the redevelopment contract, a tax increment financing plan and redevelopment plan will be prepared by Staff with notification being provided to Hennepin County and the affected School Districts, if such plans have not already been adopted. L. If a redevelopment plan is needed, such plan shall be transmitted to the Planning Commission for review and comment. The HRA will be asked to approve a redevelopment contract and a tax increment .financing plan and redevelopment plan in the event such plans are needed. The City Council will be asked to approve the redevelopment contract and, if necessary and after the appropriate public hearings (noticed via published notice and notice mailed to property owners in and within 500 feet of the proposed district) , a tax increment financing elan and redevelopment plan. The adopted plans will be filed with Hennepin County and the State of Minnesota. Tax increment bonds are issued. ..:_ached is a timetable for each of the steps delineated above. TIMETABLE TAX INCREMENT REDEVELOPMENT PROJECTS The following timeline shows the minimum estimated time needed to complete each step in the preceding process . A minimum time of 22 weeks is indicated with34 weeks possibly required. The actual length of the process for any given project will be a function of the size , complexity, and public policy issues associated with that project , so that longer periods may be required for especially complex or controversial projects . Stec Week 1 1 2 2 3 3 4 4* 5 4 6 7 7 Simultaneous with Step 6 8 9* 9 12 10 Simultaneous with Steps 8 and 9 11 14 12 15** 13 18 14 18 15 22A** * May take up to 4 more weeks depending on when request is submitted. Council work sessions and regular HRA meetings are held only one per month. ** Mav take 2 weeks more due to meeting schedule , ** May require up to 6 weeks CITY OF MINNETONKA APPLICATION TAX INCREMENT FINANCING ASSISTANCE BACKGROUND INFORMATION Legal name of applicant : Address : Telephone number : Name of contact person: DISTRICT INFORMATION Addendums shall be attached hereto addressing in detail : 1. Location - include a location map with exact boundaries of projected development as proposed. 2. Size - describe the size of the proposed project in terms of acres . Show parcel boundaries , if known. 3 . Use - describe the proposed uses for the property, by parcel , if known. 4. Value - list the estimated market value to result from the project by year and by parcel, by building or other appropriate spatial subdivision. 5 . Timing - describe the timing of the development improvements . 6 . Public improvements - identify the public improvements requested to be financed through the district and the timing of such improvements . 7 . Impact - to the extent feasible, identify : a. New jobs to be created. b . Valuation to be added. c . Other assets to accrue to the community. 8 . Traffic - to the extent feasible , identify: a. Projected vehicle counts caused by development of the district . b . Impact on existing traffic arteries . c . Plan for traffic flow. 9 . Need - explain why the improvement is not one that would noLually be financed by the private developer and why the costs of the improvement cannot be paid by the applicant . OTHER INFORMATION : Provide any further information you feel may assist the City in assessing the merits of this proposal. g J MEMO TO : Mayor and City Council FROM : John K. Anderson , City Administrator RE : Status of ' 80 and ' 81 Budgets DATE : April 3 , 1981 Introduction City Council , in February, instructed staff to review the City ' s 1980 and 1981 budgets to determine the City ' s financial condition for the balance of the current 1981 budget year. City staff has now completed the requested review based upon internal trial balances (eg. these are not auditor ' s figures) . Summary Report The Finance Director and I have reviewed the January 1 , 1981 fund balances of all City funds to establish a clear picture of each fund ' s financial condition at the beginning of the 1981 budget year. This information is summarized in the first four columns on the attached FUND BALANCE SUMMARY. The next five columns indicate the budgeted revenues and expenditures for 1981 and the estimated January 1 , 1982 fund balance . (Note : for those funds that did not have b4dgets we have established Fund Balance "Work- sheets" to use for 1981 budget purposes . ) The final right hand column entitled "Comments", indicates whether the budget for each fund is "OK" or has a "problem" based upon the fund ' s January 1 , 1981 balance , a review of anticipated 1981 revenues and expendi- tures and the funds estimated January 1 , 1982 balance . Each fund that we have indicated has a problem is footnoted to provide an explanation . The FUND BALANCE SUMMARY is designed to fit management ' s needs for a brief monthly report that will , as each month' s year-to- date revenues and expenditures are recorded, give us an indica- • tion of any potential problems . Copies of this report will be included in the City Council agenda packet each month. The final six funds listed do not have 1981 budgets or Fund Balance "Worksheets" because they are Trust and Agency Funds which are zero balanced at year end because money flows through them simply for accounting purposes . Findings : Funds With Problems General Fund The General Fund ended 1980 in very good shape . Estimated revenues , which had reflected problems in the initial year end printouts , now actually exceed estimates by approximately $120,000. The two major factors were "Engineer Services" which exceeded the $45 ,000 budgeted by roughly $100,000 (representing 2 years of billings) and "Plan Check" which exceeded the $1 , 800 budget by roughly $20,000. This overage , in addition to General i Status of ' 80 and ' 81 Budgets 0 Page Two April 3 , 1981 Fund expenditures that were $7 ,500 under the budgeted amount contributed to the increase in the Fund Balance for January 1 , 1981 of approximately 130,000 as shown in the Fund Balance Summary. For 1981 there are some problems . Revenues estimated at $2 ,084,981 now appear more likely to be $26,200 less (net) : Losses Dollars Gaines Dollars Liquor License $ 4,000 Sewer Permits $ 300 Beer License 400 Police State Aid 4,700 Misc . Bus . License 3 ,600 Eng. Services 3 ,000 Valley Fair 12 ,000 Plan Check 10,000 Administration (1%) 10,000 Dual Administration 800 Street Repair 1 ,000 Total $18 ,800 Sale of Gasoline 9 ,000 Court Fines 5 ,000 Total $45 ,000 Staff recommends the $26 ,200 difference be made up using $26,400 from the close out of the Certificate of Indebtedness Fund (see footnote in Fund Balance Summary) which would normally be trans- fered to the General Fund. Estimated expenditures also cause some problems in that the $2 ,084 , 981 in budgeted expenditures now appear to be $17 ,000 higher (net) : Losses Dollars Gaines Dollars Sale of Gasoline Legal - Prof Sery (4222) $9 ,000 (4310) $13 ,000 Total $9 ,000 Fire - P .T. Salary (4130) 7 ,000 Workman Comp 6 ,000 $26 ,000 The $17 ,000 difference can be made up by cutting $17 ,000 in antici- pated expenditures . Staff recommends selecting from the following alternatives the underlined item(s) : 1 . Prel . Arch. studies for City Hall $ 5 ,000 2 . Overtime budget of $13 ,000 3 ,000 3 . Travel Conf . and school budget of $14,000 4,000 4. Legal services of $40,000 10,000 5 . Reduction in net contingency budget of $51 ,000 17 ,000 6 . Instruct Police and Public Works Dept . Heads to cut 1-1/27 and other Dept . Heads 1/27 from their budgets at their discretion 17 ,000 This approach is recommended because Police and Public Works con- stitues 50% of the total General Fund budget , and because each department head can make the judgment about where to cut . This Status of ' 80 and ' 81 Budgets Page Three April 3 , 1981 cut will not include any capitaloutlay item funded by General Revenue Sharing or Capital Equipment Fund transfers . Finally , the 1981 General Fund contingency budget is $159 , 381 . Initially $94,000 was reserved for 1981 salary increases but we now recommend that $100,000 be reserved . This and other encumbered items are listed below : $159 ,381 January 1 , 1981 Balance (budgeted) -100,000 Salary increase - 3 ,000 Traffic Circulation Study - 5 ,000 Senior Citizen Center operating expenses not budgeted $ 51 ,381 Balance This balance is sufficient based upon contingency expenditures of roughly $25 ,000 in 1978, S24 ,000 in 1979 and $5 ,000 in 1980. Joint Recreation Fund This budget is noted as having a problem not because of a change in revenue and expenditure forecasts , but because it requires a $4 ,095 draw on fund balances or reserves to balance revenues and expenditures . Staff does not recommend any changes for the 1981 budget , but that the problem be addressed in the preparation of the 1982 budget . ' 67 Improvement Fund This debt service fund budget will have a deficit of approximately $18 ,000 when the bonds are paid off . The problem can be addressed during the preparation of the 1982 budget . ' 80-A Improvements This fund needs additional work to refine the interest income . The preliminary figures indicate that , depending upon the amount of interest income , there could be a deficit when the bonds are paid off . The problem can be addressed during the preparation of the 1982 budget . Other Improvements This fund has been inactive for nearly two years now and will require a transfer of $5 , 258 to close it out . The problem can be addressed during preparation of the 1982 budget . ' 81-A Improvements , ' 81-B Improvements and ' 82-A Improvements These three Special Assessment funds include both current and future projects and this is staff ' s first attempt to forecast the fund balances . The numbers are not final and will need to be refined as the 1981 construction season takes shape . Summary The financial picture for 1981 is relatively good when the recommended General Fund changes are included . There will be more strain on the General Fund for 1982 because of the freeze on State Aids . It appears that at least for 1982 and 1983 the pressure will be on operating budgets with a reasonable amount of money available from Revenue Sharing for Capital Outlay expenses during those two years . Status of ' 80 and ' 81 Budgets Page Four April 3 , 1981 During the 1982 budget process the City will have to look at the implications this strain on operating budgets will have on levels of service and taxes . Requested Action Instruct staff to prepare the appropriate resolution implementing the proposed changes in revenues and expenditures for the 1981 budget . JKA/jms I r r--I N M .d to V0 r--- CO O1 '--I H r--1 r-I Q 1 (I) '-_' ' - ..i '- .......i .-.-.mo w EE E EEEEE z G v v v v v v v v ✓ HH r-+ HHHHri E ,.o 4 4 4) 4 .044 O � 0O4o4o4a4O4O4 �4O4b4o4a4 � b4b4o4a4o4O4xb4a4xo � � 1 4xxo4o4x o w04000000OOOOOOa000000Oo0o0aa 1 000000 • .. .. ,-, ,--1 N000 ,--loo 000O -.1- Om ►- 00C •-+ tnNOqr) ,-Iin ,tm o r- 00 cti r-m r•1 r- O .O r` O .-+ .-I N ,t,t aO oo rn.t N ,t O(n in (ri -tin mN NOoor- N 'J CO n 0, 000 to10N4OM (nOooNo0.tNMMO, •- NO �D %.o .--I (n I- CO .-+ BOO Or-IWMr-- MM � ‘.0MWLnu1 -tgo JJ r-i N-M O H CO 0 N. M Nr... 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V m rt H. 0 Cr '-t rmh Cl) • n rt wo • Zw cD r-' rt 0 G m rt H. OQ rt rt Cn rt m 7 G rt (D G m m I rho C) m 'q Cl (D Cl) a s Cl) a m rt a • Cn • (-, G 0CD a rt rt H. rh H. rt a Cn rt rt a 7 G H. Cl G rt 0 < rt a (D OQ rt C G rh (D Cl) 0 X a) CT cn rt rt > GO rt rt) b rt m rt (D O C) rt rh m 7 p' 0D II) C rt Cl) t-- 'O m Cl w rt art m m Q' QQ I D /-1rt H" rt a W r-, rt p. rt • w 0 'r 0. 0O0 E 0 a rt m N H. rt m a H. to -ER rt m rh (D C rt r-' rh Cl 0 • OD a N Po Cr0" Oh Z Z -6c3 r-, r-, P) Cl Hi-- 1-3 a m t--, rr o 0 Cr E In 00 Ort (-) `C G P) o - t-' a m m 0r-. 0 • - rt H. rt a `C o C-, G m a' a rt oQ Cl) C) w o G 0 Crrt rt CD rt r) cr)m1-a)1CD (CD rt • a) rt H. a w -Ea a rh rt 7G Ln r, a) G rh Cl o H. II wV m Cl rt Cl) m a OH' • Cl) rhG o � a C) 0 Or--, rt � rt m Cl 0 a m m O • o m 'b rt 'd E a rt a ^ a E o m a rt N m a "o rt m CT r-, rt m G " X" H. Cl o Z a Cr rt o m rt Cl P) m (1.,//‘MO TO: John Anderson City Administrator FROM: H. R. Spurrier City Engineer Ilk`, RE: VIP Interceptor DATE: April 3, 1981 Introduction: All of the right-of-way for the VIP Interceptor except a parcel crossing former Chicago, Milwaukee, St. Paul, Pacific Railroad right- of-way had been included in a condemnation proceeding initiated by Council. Easement is required across that railroad right-of-way for the project. Background: City staff has discussed acquisition of that railroad right-of-way easement with the property owner and the property owner has agreed to sell that easement to the City at the rate which was paid for VIP 14; that rate amounts to $5714.29 per acre or $0.1312 per square foot. There are 2,500 square feet required across the railroad right-of-way, therefore, the just compensation for the railroad right-of-way would be $327.95, rounded to $330.00. The owner has agreed to accept that amount as just compensation for the easement. Recommendation: It is the recommendation of City staff that the proper City officials be directed to execute an easement agreement for the railroad right-of-way required for the VIP Interceptor and that the City compensate the property owner in the amount of $330.00 for that easement. HRS/jiw MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Interfund Transfers DATE: March 31, 1981 Request Council approve the following interfund transfers in accordance with the budget. Police Radio Equipment Motorola, Inc. $ 9,784.87 Radar Kustom Electronics 1,997.64 $11,782.51 Action: Move to approve transfer of $11,782.51 from the Revenue Sharing Fund to the General Fund. GV/ljw 1 CIL MEMO TO : John Anderson, City Administrator FROM: Jeanne Andre , Administrative Assistant RE : Proposed Cable Service Territory (CST) for City of Prior Lake DATE : March 17 , 1981 Introduction On March 6 , 1981 , the City of Shakopee received a letter from the City of Prior Lake indicating the intent of that City to establish a Cable Service Territory (CST) consisting of the corporate city limits of the City of Prior Lake . The letter suggested that oral or written comments on this proposal can be submitted to the Minnesota Cable Communications Board prior to June 12 , 1981 . Background The City of Prior Lake has served the notice outlined above as required under procedures administered by the Minnesota Cable Communications Board (MCCB) . The City of Shakopee does not need to respond. However it should do so if it is against the establishment of the CST as proposed. Alternately the City could, as a courtesy, extend its support for the proposed CST . Recommendation At the March 16 , 1981 , meeting of the Ad Hoc Cable Communica- tions Committee a motion was adopted to recommend the City Council of the City of Shakopee to direct City staff to send a letter to the City of Prior Lake and the Minnesota Cable Communications Board stating that the City of Shakopee has no objection to establishment of the CST as currently proposed by the City of Prior Lake . JA/jms CITY OF PRIOR LAKE 1111100 March 6, 1981 City of Shakopee 129 E. 1st Ave. Shakopee, MN 55379 Attention: Doug Reeder Re: City of Prior Lake's CST Proposal Dear Mr. Reeder: The City of Prior Lake is serving notice that the City has submitted a cable service territory proposal to the Minnesota Cable Communications Board. The boundary of the proposed terri- tory is the corporate city limits of the City of Prior Lake. The Board is expected to consider the proposal at its June 12, 1981 meeting at 9:00 A.M. at 500 Rice Street, St. Paul, MN. Oral and written comment may be submitted to the Board. Inquiries will also be accepted by contacting Ralph Teschner at 447-4230. Sincerely, Ralph Teschner Finance Director City of Prior Lake RT:tw Rsix E >. ,D MAR ( 1981 CITY OF SHAKOPEE (612) 447.4230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 55372 i_.___ . CABLE FRANCHISING CAELE SERVICE TERRITORY (CST) APPLICATION ..11 rp A SEEPS MINNESOTA CABLE COMMUNICATIONS BOARD (MCCB) e41,,ft ._ ,• 500 Rice Street , St. Paul , MN 55103 ( 612) 2 COAJPANION THIS OPTIONAL FORM MAY BE USED FOR PROPOSED FORM ESTABLISHMENT OR EXPANSION OF A CABLE SERVICE TERR, , S T E p 1 (1) Name and address of party proposing* establishment or expansion of a cable service territory (CST) : Proposer Address (Street or P. O. Box, City, tate, Z p) City of Prior Lake 4629 Dakota St. , Prior Lake, Mn 55372 I (2) Person representing the proposer: _ I (' Phone (inci:� e arta code) II _ 612 447-4230 Name A�_aaress (.S tri- , P. �`'. L`..? , _ ";�, :: 'r:, Ralph Teschner 4629 Dakota St. Prior Lake, MN 55372 (3) Briefly describe the boundaries of the proposed cr expanded CST: City of Prior Lake Municipal Boundaries ` The Urban Service Area as outlined on the attached map delineates the proposed / area to be served initially within the entire CST. (4) Attach hereto a map (county or township, if available) showing the boundaries of the total proposed CST and the boundaries of the area within this territory in which service is to be initially provided. (5) Provide the following information for each area included in the proposed CST or proposed expanded territory: • MUNICIPALITY -1______EQPUL T Dij_.a___ NUMBER OF DENSITY DATA OR (AREA) initial I Total DWELLING UNITS OTHER INFO** Service CST Initial Total Initial Tota' Prior Lake 6600 7109 2275 2580 4100 Ac. 10,112 Ac. r- 6.4 Sc.Mi . 15.8 Sq.Mi. 1 r INITIAL SERVICE AREA TOTALS 6600 2275 6.4 Sq. Mi. CST TOTALS 7109 2580 15.8 sq.M"i. (additional g e for listi of municipalities and data is provided S` on tr back rage ofthzs optional anpZicatzon form) ^e 3 * . 6ac-zge 3 C::- ; 001 0-01 MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Abatement of Assessment DATE: March 16, 1981 The Code 45 assessment against parcel 27-001-696-0 was paid on 6/6/79 but was credited to the wrong parcel number. Request Council approve abatement of the Code 45 assessment against parcel number 27-001-696-0 in the amount of $182.70 for payable 1981. GV/ljw cid) City of Shakopee POLICE DEPARTMENT 476 South Gorman Street SHAKOPEE, MINNESOTA 55379 Tel. 445-6666 TO: Mayor, Council Members FROM: Tom Brownell SUBJECT: Parking Agreement with Brambilla Motors DATE: March 19, 1981 PURPOSE The City of Shakopee has previously entered into an agreement with Mr. Jack Brambilla for the purpose of providing twelve designated spaces in the Black Arrow Lot for his exclusive use. The agreement has worked satisfactorily during the past year and has been helpful in resolving problems which have existed in the past. I have spoken with Mr. Brambilla regarding the agreement and he wishes to continue leasing the designated spaces. RECOMMENDATION Renewal of the existing lease for a period of time from January 1, 1981 to December 31, 1981 for twelve spaces at a cost of $10 .00 per space, payable per the agreement. _l0 GSEZVE JO J'"ZOt£CE SPECIAL PERMIT (� MUNICIPAL PARKING LOT The City of Shakopee, Minnesota, the owner of a municipal parking lot known as the Black Arrow Parking Lot, hereby grants to Brambilla' s Autos the right to park vehicles in twelve (12) spaces in said parking lot without limitations of time , and which spaces are to be appropriately marked by the City, and shall be the first twelve (12) spaces west of State Highway 169 abutting the alley in Block 5, Original Shakopee Plat, and the grantee shall pay to the City in advance , the sum and amount of Ten Dollars and no cents ($10 . 00) per space per year. This permission is for a period terminating on December 31, 1981, and may be cancelled by either party on thirty (30) days written notice to the other, in which case unearned portions of the fee charged, if any, shall be refunded. If permission is cancelled by the City for a violation of the terms and conditions hereof by the grantee herein, there will be no refund. There shall be no sales of vehicles and no repairs or storage of vehicles incapable of being legally operated upon public streets or partially dismantled or wrecked vehicles in any space occupied pursuant to the terms hereof. Cars which will not start because of dead batteries shall be permitted. Cars which do not have current registration shall not be permitted. The permit granted hereby is for the sole and exclusive use of the grantee named herein and agents and employees of said grantee and no other person. The grantee shall keep the portion of said lot covered hereby in a neat, clean, and safe condition at all times and shall not permit or tolerate snow birds on any portion of the areas covered hereby, and the grantee assumes all risks incident to the use of the premises for parking space and shall indemnify the City against any loss, damage , or expense resulting from personal injury or damage to, or loss of, property caused in any manner by the Lessee , and against any loss, damage , or expense resulting from injury to the Lessee , to the agents of the Lessee , to the employees of the Lessee and to the general public . This agreement supercedes the agreement dated January 1st, 1980 by and between these same parties. IN TESTIMONY WHEREOF, this instrument is executed this day of March, 1981. THE CITY OF SHAKOPEE By Its Administrator BRAMBILLA' S AUTOS By It' s Owner r'„...--,, ,;-.,,,._ .„<",•,;,-,04-i>,.,.., __„,,:i1.0,4-0;-.''.i ,,,, ,,,--;;;•:,$•":4::;;;;„ , ------' ::1:;.• --':4-,`, 5'!:,,>, V• ",. '4'A1.0M359.W;,1,44-0t.!4y0;&0.• 44e,....„.•11.: Ai;:i...0.0-g. Af' lire*,kii1;1,•,, 11 (c3 \''4,t ' .1/: INVO"'4101 ,41-010!4'et1.11P :.;", IT,Awlek . .,, NliPagf-;%,' Ar'''''4'40!:;,;:r kV- '''.%1M:',,,,,V• /T) (L-__ ,„,,,, \-A....,iiirew", „..1,--op-w„---.,,,;i,\•. -Eitrts, ,...,.,,-00.%* . 1700.44*._krios_ riot,w, ,....„1„„.. "tv.0-6, . _ ...i- 4.-4 . • ,c4:4,, .----7,-i PROCLAMATION NzA. '.:.,;.,'"?'--, ---' k• /1 ";,' WHEREAS , Volunteers and volunteer organizatibil-S-' 7flq-c,i4( have played a unique and irreplacable role in the 1 r.-.J 40' '•''',..,A, ' 1 r•,,-,Z 4-A, t growth and development of our state and our community, , I4. ; ...- ..A7.- ...., , 9 „ ' by identifying and defining needs , by providing ser- ' wow vices to meet those needs , by advocating on behalf of 17- Ar .rg/ those unable to speak for themselves , and by advising OV''" zito and directing both private and public organizations . '.04"-€..t:, //e,w t•;:'•''''' \O and agencies ; and,g,•:y:,e--.:7";' '/:-.4 .i. , .„-,. lie. ..!?.NV Hi;ig,:, ,,,..-iiiz...,, - --=,:y. $S-•:: :4 - WHEREAS , Volunteerism, as a central partner with ,11,17$ ,M ,4 , ii:V. 17 government and business , is a growing force that is continually contributing to the well being of our ,.1'.-Iii4eloc state ; and /At••4" s'; , 4 v-,-; ',-/o. s 1r 1 WHEREAS , Many of today ' s challenges can be met by4 , lait , •-, .„..4,:i. .0. increased involvement of the individual citizens , who as volunteers with a wealth of diverse backgrounds , would bring , along with their deep sense of caring, ,-Arkip_714,14,, :::::: :i new and fresh ideas for solving problems ; and /1 A-5-"- ..t..i ' .KS•5F .-§1:* _ i. more c . . he i7rIteie • s ..ft - ,.,, WHEREAS ,c.ize -iITerrstT7Tun,',,t,' has. esneglif- ectih: T°3q.1.11:sand ,...i.::. ....e4. •::::$ • only when people give` OftfieMselves ; and .. .-...: ,..-..,-.: .......- ..z.-.-!e .k..,4 ••• -, ., . , " , , • - WHEREAS , Recogniti4I.A:lould be given to indivi— irNItri • )0,t0.4.z: dual volunteers for . the (,Lbutions to the health, „„fh,.0,2, „v, . . =sP,,, i, education, welfare, recreation, environmental , and ,.1,; At Iii , A/0.:rAr .:..,1.:'- ' cultural services to fhe :bene'fit of their fellow citi-L.,.*, ...., _ . . -.• ;-: - - , --.1k:->- zens and their communities .. , '114,...', 8' ---..t.• NOW , THEREFORE , I , Walter C. Harbeck, Mayor, ,..I " ;;, plr-J4, commend and thank the dedicated citizens of Shakopee i,, y,e,. .. who gave so freely of their valuable time , talent and - energies by declaring the week of April 27 through May 3 , 1981 to be ,:,-ti,,,,•,..:1,.:ip , VOLUNTEER RECOGNITION WEEK .;.1lliP 42, 219 , in Shakopee , and I call on all our citizens to help toc: c/ N ..T. 0,,, , ,... ,... renew and sustain the spirit and vitality of our great ,, . .47...01 4.14clk community by committing a portion of time to Vivoluntary ,--ser action. i s‘, ,. 4./ .4 t;;;;1' • , iai /vg',&,..? •1 , , . ,k' • =,:-.•W• .1-__:: ' 1 1 -,,,,- i "\•• :, , ... , '1(ft.'.' ' ,' -7,7446k- -7.'-'-.77-,;-:-,::,,-- '='T`-',..,--,' ::-.4,••• •-.,...-_ -i..1:i,i,;;;;.--)A,,,,,i7ria,w -,-w-rq,--,'"%it\-. ..w.-marfi'L''''-' ts:-\,,,--`4, T,44,a1/ :, , rivefi.„ —,,,f„vimov.:„., . jlftez0-44, ,., ,tartypitiv/410, 14-413:;;;.:...,ortrA10,.. AlArtV'''AS11.4.,..„,Adi ih, k.It" \ , / '';,. 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'._. • 1010 LAW OFFICES MCMENOMY & SHELDON PROFESSIONAL ASSOCIATION DAKOTA CENTRAL OFFICES 14450 SOUTH ROBERT TRAIL L OSEMOUNT, MINNESOTA 55068 EDWARD B.MOMENOMY TELEPHONE 423-1155 JAMES F.SHELDON AREA CODE 012 BERNIE M.DUSICH April 1, 1981 r C� APP 3 1981 CITY OF SHAKOPEE Mr. John K. Anderson City Administrator Shakopee City Hall 129 E. First Avenue Shakopee, Minnesota 55379 Re: Farmington-Shakopee Association, Inc. Dear Mr. Anderson: Per our telephone conversation of April 1st, please be advised that Farmington-Shakopee Association has received an acceptable bid on the abandoned railroad right-of-way on which you offered $3 ,100 (and subsequently withdrew per your December 22, 1980 letter to me) . The Board will take final action on this bid at its meeting of April 7, 1981. I understand that your Council will meet the same even- ing. I request that you determine whether the Council' s $3 ,100 offer is still open, in order that our Board may consider this offer along with the pending bid and (presumably) accept one or the other. If you telephone me on the evening of April 7th (423-1155) , then perhaps a decision could be made on that evening. Very truly yours, McMENOMY & SHELDON Z-49//3. Edward B. McM nomy EBM:dp / � G MEMO TO : John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE : Central Business District Task Force DATE : April 3, 1981 Introduction: As instructed at the Chamber' s March 30th meeting on the Central Business District , Marge Henderson is submitting the following named individuals who are willing to serve on the task force. It is recommended that nine persons be appointed as voting members and the additional persons will serve as ex officio members. Marge also indicated that the Council may also wish to appoint the Chairman, as they did for the Industrial and Commercial Development Commission. She suggested Mr. Hullander. Action Requested: Establish a Central Business District Task Force, as a sub committee to the I .C .C . , to establish a development plan for the C .B .D . and appoint the following to serve as regular members : Joe Topic , Don Martin, Dan Steil , Kay Benson, Gene Pearson, Bill Wermerskirchen, Jr. , Terry Link, Nancy Christenson, and Dick Hullander; and the following to serve as ex officio: Marge Henderson, Fred Corrigan, Joe Perusich, and Don Steger; and designate Mr. Hullander to serve as chairman. JSC :plk MEMO TO: John Anderson City Administrator FROM: H. R. Spurner City Engineer � j � RE: Traffic Study for Minneso\: Valley 5th, 6th & 7th Additions DATE: April 7, 1981 Introduction: Shakopee Planning Commission and Shakopee City Council requested that City staff receive proposals for a traffic study required for the orderly development of an area in the vicinity of the Valley Mall and that the traffic study incorporate four principal elements: 1) Is the 12th Avenue entrance to Valley Mall necessary or is it such a hazard that it should be closed? 2) Recommend the best roadway lay-out which will permit the development of the R-4 area between Minnesota Valley 3rd Addition, the By-pass and Valley Mall. 3) Is it necessary to include 12th Avenue and/or 13th Avenue as potential collectors or arterial in the future traffic plan? 4) What modifications could be made to improve the access or turn lanes to the Mall? Background City staff, including City Engineer and City Planner, met with representatives from Bather, Ringrose, Wolsfeld, Jarvis, Gardner, Inc. (BRW) and Barton-Aschman Associates, Inc. , for the purpose of outlining the elements of the study. The consultants were given an oral presentation regarding the needs of the City and were asked to prepare proposals outlining the work activities or scope of their study. Staff received proposals from the two firms and has analyzed the proposals. John Anderson April 7, 1981 e X-- Traffic Study for Minnesota Valley Page -2- 5th, 6th & 7th Additions It is the opinion of City staff that BRW has more directly and clearly addressed the specific problems in the vicinity of Valley Mall. City staff judges that they have a better perception of what the City needs in order to proceed with development in the vicinity of the Mall, and finally, the proposal is reasonably close to the amount specified by Council. Recommendations: City staff recommends that the firm of Bather, Ringrose, Wolsfeld, Jarvis, Gardner, Inc. , 2829 University Avenue Southeast, Minneapolis, Minnesota 55414, be retained to perform the Valley Mall Shopping Center Traffic Circulation Study specified in the proposal dated March 31, 1981 for an amount not to exceed $3,250.00. HRS/jiw Attachments • BARTON-ASCHMAN ASSOCIATES,INC. Ten Cedar Square VVest/Cedar-Rversicb.1610 South Sixth Street Minneapolis.Minnesota 55454 (612)332-0421 March 30, 1981 Mayor and City Council City of Shakopee Shakopee, Minnesota Dear Mayor and Council Members: We are pleased to submit this proposal for land use and traffic planning for the City of Shakopee. We understand the urgency of preparing recommendations at an early date and are prepared to meet the time schedule outlined by the city staff. The elements of the study, the perceived need of the city for each element and the approximate costs are summarized in the following. The type of analysis and the level of detail required indicate to us that the study should be done by senior staff. That is, elaborate drawings and reports are not as critical as the submittal of sketch plans of recommendations and documentation of the rationale for those recommendations based on experience in similar situations and familarity with the needs of the type of development or traffic pattern being proposed. Work Item 1. Proposed R-4 Plan The primary concern and need is to develop the preferred pattern of access to the R-4 zoned land near the K-Mart development. The recommended layout must be documented to demonstrate that it can best meet the requirements of the city and the developer. The study includes the estimation of trip generation, direction of approach and the impact of other less desirable alternatives which have been considered. Work Item 2. 12th Avenue and 13th Avenue Roles and Designation This study is to analyze the importance and potential roles of either or both of these streets in terms of their short and long-term use as collectors. Traffic count data will be provided by the city staff. In essence, the long-range thoroughfare plan for this area of the city is to be reviewed and recommendations made. The plan of collectors must be reviewed taking into account the future intersections and interchanges on the proposed Shakopee Bypass. Work Item 3. Access to K-Mart Center The rear access to the shopping center, of which the K-Mart store is a major tenant, is not well designed. This study would recommend an improved point or points of access to recommend a short-term solution to the parking access and routing problems. In addition, the overall access pattern to the center will be Mayor and City Council March 30, 1981 Page 2 analyzed so as to recommend to the city the long-term solution under different assumptions on the design and function of the TH 169 - Shakopee Bypass interchange and adjacent roadways. The consultant will prepare trip generation estimates for the center for a design day. Additional entrances to the center would be analyzed and recommendations made on the total number required, their connection to city streets, their design and their ultimate adequacy. Work Item 4. TH 169 - Tenth Street Intersection This intersection has been identified as being hazardous (or somewhat confusing) and having inadequate geometrics. The design will be analyzed and recommendations made taking into account the physical constraints for its reconstruction. These constraints include the limited width of rights-of-way and a high pressure gas main near Tenth Street. The end products would be a layout of the recommended changes in geometrics and documentation of the rationale justifying any changes. Summary The city has adequate base maps for the studies proposed. City staff can supply data on traffic counts, building sizes and use, street plans, layouts of the Shakopee Bypass, plat maps, etc. It appears collection of new raw data by the consultant can be minimal. It is proposed that the basis for billing for this project be standard hourly rates plus expenses with a specification of a maximum for the entire project of $2,500. The breakdown by Work Item is shown below. The consultant would guarantee completion of all four Work Items for the sum of $2,500. However, if our actual chargeable hours do not justify the fee, the project would be completed for a lesser sum. It is our opinion that all four Work Items could be completed in less than one month. If possible, it would be desirable to complete all the items and summarize the results in one set of drawings or layouts and in one memorandum report for consideration by the Planning Commission and the City Council. If necessary due to timing, an interim set of recommendations could be prepared and submitted on Work Item 1 - Proposed R-4 Plan. ESTIMATED COSTS Work Item 1 R-4 Plan $ 300 Work Item 2 12th - 13th Avenues 600 Work Item 3 K-Mart Access 1,100 Work Item 4 Th - 169 Intersection 500 TOTAL $2,500 Mayor and City Council March 30, 1981 Page 3 Because of the overlap in the Work Items and our ability to control costs by combining meetings, etc., the quoted costs are based on the assumption that all four studies would be completed. Somewhat higher costs would have to be quoted if only one or two studies are authorized. Barton-Aschman has had extensive experience in these types of studies. If desired we will provide a list of municipal or private clients as references. This work, if authorized, would be done by and under the supervision of Deane Wenger, a Vice President in the Minneapolis office. Staff in other disciplines would be called on as required. We are prepared to undertake this project as soon as work is authorized. We look forward to working closely with your staff on the project. Yours very truly, \ALQA--re Deane M. Wenger Vice President John C. ullan Vice President & Its Contracting Officer DMW:JCM/kmh / April 6, 1981 Shakopee, Mn. President of the Shakopee City Council: I have several issues I would like to call to your attention at this time. 1. The DNR issued a permit to the J. L. Shelly Corp. to durp 2Q billion gallons of water into blue Lake. This extreme emouLt of water gushing through Blue Lake has washed a channel directly into the Minnesota River. Last summer Blue L:ke completely dried up. I've read Todd becken' s letter to you and fullyconcur with his opinion. 2. According to Mr. Kabiel (the hearing exeminaer of last summer) he would like • report on these figures. Ed Effertz well at 4935 Eagle Creek Blvd. wee 72.71 ft on Mar. 23, 1980 and on Mar. 23, 1981 was 78.85 ft. The John Cameror well located 3 blocks north of hiway #101 and 2 blocks east of the Fred Kopp property and on the property of the Blue Lake treatment plant wssflowing freely at 18 gallons per minute on Mar. 23, 1985. On Mar. 23, 1981 the well had a level of 8.7 ft. Both of these could be used for test pfrpoaea. Th6 Cameron 10" well was drilled in 1927-28 and flowed continuously until 1967-68 at the rate of 1000 gals per minute the year round. 3. I drilled a well at 4915 Eagle Creek blvd. in 1963 end it maintained ■ level equal to or ::lightly above Deans Lake level. 4. binge 1567 or later the DNR has drilled several test wells in the Deans Lake area(a spring fed lake) which they are monitoring. But in es much as the lateness of these drillings ocoured I don't see how they can be called test wells to monitor Deans Lake. 5. Also I reccommended to Mr. Kabiel that Eagle Creek originated at Pike Lake area. The last time I saw a flow of water into the river was in 1968-69. Since that time it has run under County Road #16 but never high enough to run under County Road 1189. I would appreciate your taking same action in this regard. Sincerely, h;dward R. Efforts tL ! --S APR 61981 CITY OF SHAKOPEE CC On •U Z LU Z • >- w DLUcr a H- • L!1 0 Z w Q C/) Lf\ H w < LU C CO U H a. w < Z C O� •• (1) Z H CO CT _1 H - - w 4- < - >0 O < C) F- a_ Z U) (i) Z < CL — -c -c, Q Z O Z 0 2 -- 0 L ~ - rql O 0 C.) V) •• +- ro ••— 2 0 O - J w E fes- Cl) -I Cf - I O. C) J 0 _o — L w LU Cl) H < 0 c C) a_ w > — Q C) 2 Y cf) (f) - J - LL >- Q 0 002 Li w u H Q Q J CIN LJ -J ••N Z H < w CO Z > Cn N — O 2 CC C.0 Z Cf • Lu II— CO U' co _ CO r m L O r o r •- -C (0 — - O C - 3z O 3 U) o • C C). 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