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HomeMy WebLinkAbout07/14/1981 — _ 1 t TENTATIVE AGENDA SHAKOPEE, MINNESOTA } ADJ. REG. SESSION JULY 14, 1981 Mayor Harbeck presiding 1 ] 6 : 30 P .M. - Work Session - Goals and Objectives , Five Year Capital Improvement Plan and Five Year Capital Outlay Plan (bring item 10a from July 7th agenda) 2 ] 7 : 30 P.M. - Roll Call 3] Res . No . 1880, A Resolution Accepting Bids for 1980-4 County Road 16 Utilities 4] Resolutions Declaring the Cost to be Assessed and Ordering the Preparation of the Proposed Assessments a] Res . No . 1871 , A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessment 81-1 (VIP Sanitary Sewer Interceptor) b] Res . No. 1872 , A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessment 80-1 Sanitary Sewer Laterals in North Half of Section 8 (Hauer Trail Laterals) c ] Res . No. 1873 , A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessment 80-3 (Holmes Street Reconstruction) (Sanitary Sewer Services , Curb & Gutter and Sidewalk) 5 ] Presentation by the Hockey Association (outline attached) 6] Adjourn to Tuesday, July 21 , 1981 at 7 : 30 P.M. Leave for meeting with Jackson Town Board John K. Anderson City Administrator MEMO TO: John K. Anderson, City Administrator FROM: Henry R. Spurrier , City Engineer RE : County Road 16 UTILITIES Improvement 80-4 DATE: July 10, 1981 Introduction Bids will be received July 13 , 1981 for the above referenced project . Background A resolution and recommendations for award or no award will be made Monday July 13 , 1981 after bids are received. Attached is the resolution format . Attachment HRS/jam H1 V mr- 3 RESOLUTION NO. 1880 A Resolution Accepting Bid On 1980-4 County Road 16 Utilities WHEREAS, pursuant to an advertisement for bids for the improvement of County Road 16 east of County Road 17 and west of the east line of Section 6-115-22C by sanitary sewer and watermain, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: AND WHEREAS, it appears that is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The Mayor and City Clerk are hereby authorized and directed to enter into a contract with in the name of the City of Shakopee for the improvement of County Road 16 east of County Road 17 and west of the east line of Section 6-115-22C by sanitary sewer and watermain, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Resolution No. 1880 3 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 j(6/ L'7/01',/ MEMO TO: John K. Anderson, City Administrator FROM : Henry R. Spurrier, City Engineer RE : Reconstruction of Holmes Street Improvement 80-3 , Hauer Trail Laterals Improvement 80-1 , VIP Inter- ceptor Improvement 81-1 DATE: July 10, 1981 Introduction Assessment Hearings are required on the above referenced projects . Background In order to assess the projects it is necessary to adopt a reso- lution certifying the amount of the assessment and to direct the City Clerk and City Engineer to prepare assessment rolls for the above captioned projects . A brief presentation regarding the assessment computation will be made for each assessment . Recommendation Adopt resolutions numbered #1872 , #1873 , #1871 , declaring the cost to be assessed ordering the preparation of proposed assess- ments and specifying the dates of the public hearing for assessment 80-1 , 80-3 , 81-1 . HRS/jam 44 / V � RESOLUTION NU. 1871 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessment 81-1 (VIP Sanitary Sewer Interceptor) WHEREAS, a contract has been let for the installation of a sanitary sewer interceptor beginning at a section of the existing Shakopee interceptor lying between County Road 83 and County Road 17 thence proceeding southerly to County Road 16 thence westerly to Marschall Road and there terminating, and the contract price for such improvements is $617,823.65, the construction contingency amounts to $9,683.00 and the expenses incurred or to be incurred in the making of such improvements amounts to $252,406.00 so that the total cost of the improvements will be $879,912.65 and of this cost the City will pay $67,969.35, not as its share but for that part of future assessment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $811,943.30. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 11th day of August, 1981, in the Council Chambers of City Hall at 8:30 PM to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. Resolution No. 1871 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and he shall state in the notice the total cost of the improvements. He shall also cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 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. A. . 44F/d Resolution No. 1872 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessment 80-1 Sanitary Sewer Laterals in North Half of Section 8 (Hauer Trail Laterals) WHEREAS, bids have been received for the improvement or: North one-half of Section 8-115-22 - Hauer Trail by Sanitary Sewer Laterals and the contract price for such improvements is $ 44,422.87 , the construction contingency amounts to $ 2,383.86 and the expenses incurred or to be incurred in the making of such improvements amount to 59,777.80 and of this cost the City will. pay y $ 0.00 as its share of the cost. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . The cost of such improvement to be specially assessed is hereby declared to be $ 106,581+.53 2. The City Clerk, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 11th day of August, 1981 in the Council Chambers of City Hall at 7:30 PM to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such -assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and he shall state in the notice the total cost of the improvements. He shall also cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to r.}'ie hearing. • ,. Resolution No. 1860 Page -2- c( Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 1981. Mayor of the City of Shakopee ATTLST: City Clerk Approved as to form this day of , 1981. City Attorney RESOLUTION NO. 1873 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessment 80-3 (Holmes Street Reconstruction) (Sanitary Sewer Services , Curb and Gutter and Sidewalk) WHEREAS , a contract has been let for the improvement of : Holmes Street between 2nd Avenue and 10th Avenue by sidewalk, curb and gutter and sanitary sewer; and 2nd Avenue between Holmes Street and Fuller Street by sidewalk; and 6th Avenue between Fuller Street and Scott Street by sidewalk and the contract price for such improvements is $31 ,429 . 30 and the expenses incurred, or to be incurred in the making of such improve- ment amount to $5 , 183 .27 so the total cost of the improvement will be $36, 612 . 57 . NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . The cost of such improvement to be specially assessed is hereby declared to be $36,612 . 57 . 2 . The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially as- sessed for such improvement against every assessable lot , piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 3 . That the City Clerk shall , upon the completion of such proposed assessment , notify the City Council thereof . BE IT FURTHER RESOLVED: 1 . That a hearing shall be held on the 11th day of August , 1981 , in the Council Chambers of City Hall at 9 : 00 PM to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment . 2 . That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and he shall state in the notice the total cost of Resolution No. 1873 the improvements . He shall also cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 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 July 9, 1981 To: John Lnderscn, City Administrator From: Mary Goetz, Vice-president, Shakopee Hcckey &ssociation Re: Hcckey Presentation, City Council Meeting July 14, 1981. Page 1. I. The Effect cf the Ice Arena on ghakcpee Community and Eurrcunding Area. A. Numbers involved B. Tournaments C. Cost of Equipment and upkeep D. Minnesota Winters RECEIVED ECE'VED E. Representatives of our City JUL 1 0 1981 CITY OF SHAKOPEE PSip ® elg8l op CAN A BUBBLE SURVIVE FINANCIALLY IN SHAKOPEE! A. Capital investment - maybe. 1. Economic times. 2. Minority sport. 3. Severe P.R. problem for fundraising. 4. Lack of previous fundraising - - mechanics lean - - less community support. B. Operating expenses - YES. 1. Ice programs pay operating but not capital expenses. 2. Potential 1500 hours - at least 1,000 already spoken for - can sell out if guarantee ice time to sell. 3. Modest profit probable - 20 to 25,000. a. No major breakdowns. b. No new capital expenditures. C. Hockey interest is climbing. I. Minnesota is the hotbed of U. S. Hockey. 2. Success of North Stars. 3. Success of Univ. of Mn. with Minnesota players. 4. State hockey tournament is an unbelievable success. 5. Multiple high school and tournament games in pleasant surroundings. /i(IL TO: Mr. John Anderson FROM: Karen A. Mathwig RE: Hockey Presentation - City Council Meeting 7/14/81 Page 3 3. What can the City of Shakopee do to help? A. Patience regarding lease agreement. B. Participate in the formation of a Commission to professionally manage the Ice Arena. C. Provide guidance to prevent further ill feelings and financial hardships. D. Understand that Hockey is now a minority sport in Shakopee but will not remain so in future years. , t PRIOR LAKE HOCKEY ASSOCIATION P. 0. BOX 92 JUL 1 0 191 PRIOR LAKE, MINNESOTA 55372 CITY OF SHAKOPEE July 9, 1981 Mr. John Anderson, Administrator City of Shakopee 129 East 1st Avenue Shakopee, Minnesota 55379 Dear Mr. Anderson, As Ice Coordinator of the Prior Lake Hockey Association, I would like to request 150 hours of ice time for the 1981-82 hockey season. We would be forced to use Northfield if the Shakopee Arena is not available. We much prefer Shakopee, since this would save us many hours of drive time and is more convenient to Prior Lake. We hope the Shakopee facility will be available for our use, and we would like to schedule our ice hours as soon as possible. Sincerely, 22,4„,„ Marvin Lund /tri 1 Ice Coordinator, Prior Lake Hockey Association ML/mr 7 July 1981 Mayor and City Council 129 E. 1st Shakopee , MN 55379 C/O John Anderson City Administrator Mayor & City Council of Shakopee , The Chaska Hockey Association and Chaska H. S. Program wish to offer support to your Community Ice Arena. We are deeply concerned that your arena will be fully operative this coming 1981-82 season and in the future years . Our communities of Victoria, Chanhassen, Carver and Chaska support a Hockey youth program of approximately 200 young people. The H. S . program has about 50 students participating at the varsity and Jr. level . The ice time required to have a successful youth program is one hour of indoor ice per member. Therefore , the Chaska Hockey Association must commit to 200 hours of indoor ice. Additional 80 hours must be contracted for the H. S . program for practice , plus all their home games , equals approximately 24 hours . The need of an indoor ice arena such as yours is quite evident. Our Hockey Association wishes to thank all of those who volunteered their time to help construct the arena. More support is required. Our Hockey Association wishes to offer support to attain a sound functioning ice arena. This support can be of volunteer work (labor) or supportive of you local fund raisers . We hope with this enthusiasm and a commitment of approximately 300 hours of ice rental , that this can help justify the needed support your city can give to the ice arena. Thank you, Chaska Hockey Association Leroy Worm tilt° IN1;14# WOW CI (YE 15 MEMO TO: John Anderson City Administrator FROM: Don Steger City Planner RE: Board of Adjustment and Appeals Action DATE: July 10, 1981 At the July 9, 1981 meeting, the Board of Adjustments and Appeals approved the three requested variances for Cletus Link, as indicated in the attached staff case report. The Board of Adjustments and Appeals approval was contingent upon an investigation into whether a drainage and utility easement should be provided along the easterly property line. If such easement is determined to be needed, the easement would need to be provided prior to the issuance of building permits. As is the normal procedure, the Board of Adjustments and Appeals approval of the variances could be appealed to the City Council by any party within seven days of the July 9, 1981 public hearing. DS/jiw Attachment 44mA % DATE: July 9, 1981 CASE: PC 81-16V ITEM: Two Frontyard Variances and Rearyard Variance APPLICANT: Cletus Link LOCATION: NE Intersection of 10th Avenue and CR 17 ZONING: R-4, Multiple Family Residential LAND USE: Vacant APPLICABLE REGULATIONS: Section 17 .04 , Subd. 5; Section 11.28, Subd. 5B FINDINGS REQUIRED: Section 1.1.04, Subd. 5A PUBLIC HEARING HELD CASE HEARD BY BOARD OF ADJUSTMENTS AND APPEALS APPEAL TO CITY COUNCIL Proposal: The applicant is requesting approval of a 5 foot frontyard setback variance off of 10th Avenue, an 8 foot frontyard setback variance off of County Road 17 and a 12 foot rearyard setback variance from the north property line in order to construct a 12-unit condominium project at the above location. Considerations: 1. The applicant desires to construct three 4-ilex buildings containing a total of 12 condominium units. The land consists of an irregularly shaped parcel of property of almost one acre in size. 2. Because the property is located at the intersection of two principal arterials (10th Avenue and County Road 17), the Zoning Ordinance requires a 50 foot frontyard setback from both streets. However, because of a provision in the Zoning Ordinance which allows frontyard setbacks to be reduced to comply with existing adjoining structures, the frontyard set- back along 10th Avenue can be administratively reduced to 30 feet. The variance request along 10th Avenue is, therefore, only for 5 feet (from 30' to 25' ) . 3. The rearyard setback requirement in the R-4 zone is 40 feet. The variance request if for a 12 foot variance from the north property line (from 4O' to 28' ). 4. The frontyard variance request off of 10th Avenue would not be detrimental to the adjoining residence, as the house located immediately to the east is only 20 feet from its front property line. The proposed 4-plex and garages would be 25 feet from the front property line. In addition, the frontyard variance along 10th Avenue would not cause a line-of-sight problem at the intersection of 10th Avenue and County Road 17. :-o- YC 81-16V July 9, 1981 « Link Variances Page -2- • . 5. The frontyard variance request from County Road 17 would not cause traffic problem or line-of-sight problem along the county road or at its intersection with 10th Avenue. The apartment building located north of this site (at the intersection of County Road 17 and Shakopee Avenue) is considerably closer to the county road than the proposed 1 4-plex buildings and no apparent problem hal:, resulted. In addition, the Scott County Highway Department has no objections to the variance request. 6. The rearyard variance request is not expected to cause problems for two reasons: 1) no buildings adjoin the north property line of this site, except for the church, which is located a considerable distance from the property line; 2) the proposed detached garages may be located 5 feet from the property line which is considerable closer than the 28 foot setback franthe 4-plex. 7. All other site design and Zoning Ordinance requirements can be met. Staff feels that the layout is well-designed and of a high quality. 8. Because of the irregular shape of the property, a functional and attractive layout becomes exceedingly difficult to maintain without variances. With no anticipated negative effects on adjoining property, it appears that the layout of the proposed condominiums and garages would be the most practical. Staff Recommendations: Staff recommends approval of Variance Resolution No. 279, granting a 5 foot variance from the frontyard setback requirement off of 10th Avenue, an 8 foot variance from the frontyard setback requirement off of County Road 17, and a 12 foot variance from the rearyard setback requirement off the north property line in order to construct three four -rplexes and associated detached garages. Board of Adjustments and Appeals Action: Approved subject to easement along easterly property line be determined ' and satisfied. DS/jiw Attachment: Site Plan II / , TENTATIVE AGENDA AD HOC CABLE COMMUNICATIONS COMMITTEE Shakopee , Minnesota Adjourned Regular Session July 15 , 1981. Chairman Foudray presiding 1 . Call to order at 7 :00 p.m. 2 . Approval of minutes of July 1 , 1981. 3 . Communications a . Cable Access Programming b. 4. Discussion of Cable Franchise Ordinance a. Policy issues b. Review of other changes to June 10, 1981 draft 5 . Another look at Initial Service Area and Line Extension Policy 6. Review of Request for Proposals (RFP) - Draft No. 3 7. Other Business 8. Adjourn Jeanne Andre Administrative Assistant AD HOC CABLE COMMUNICATIONS COMMITTEE Shakopee, Minnesota Regular Session July 1 , 1981 Chairman Foudray called the meeting to order at 7 :05 p.m. in the Council Chambers of City Hall with Committee Members present; Abeln , Davis , Gorman, and Kirchmeier. Committee Member Christensen was absent . Also present were John Anderson , City Administrator, and Jeanne Andre, Administrative Assistant . Davis/Gorman moved to reconvene meeting of June 17 , 1981 . Motion carried . Gorman/Davis moved to approve minutes as presented. Consultant Anita Benda offered two corrections/additions as follows : 1 . Motion on Page 1 , paragraph 6 , should include the follow- ing sentence : Application Fees collected by the City and not expended for evaluation will be refunded on an equal basis to all applicants . 2 . Motion on page 3 , paragraph 6 should read 5 access channels , not 15 . The Chairman asked for any other additions or corrections . Hearing none he stated the minutes will stand approved as read. Administrative Assistant Jeanne Andre indicated there were no com- munications . Chairman Foudray asked if any person in the audience wished to he heard . No one responded. The Chairman called on Anita Benda to continue the discussion on cable policy issues from the last meeting, as outlined in her memo of June 6, 1981 . As requested by the Committee at the previous meeting Ms . Benda pre- sented an additional memo (of July 1 , 1981 ) suggesting specific language to be included in the Request for Proposals (RFP) regard- ing Access Support and a Citizen ' s Advisory Committee . Gorman/Kirchmeier moved to accept Ms . Benda ' s recommended changes/ additions as follows : Access Support : 1 . to substitute the following in the RFP draft no . 2 , part II . G. (Services which shall be provided by Cable Operator) 4. a. "video production equipment to accomodate studio and location recording, a portable camera/videotape recorder and access to post-production videotape editing. " 4. b. "staff assistance for training users in production techniques and in actual productions . " 2 . to add in part II . G. of RFP draft no. 2 applicants might consider offering "access support to include equipment maintenance budgets and policies , access promotion plans , run of existing production facilities within the City and metropolitan area, plans to accomodate the growth of access , • Page 2 access budgets , and financial support for any non-profit corporation that may develop for the promotion of access channel use. " 3 . to change RFP draft no. 2 , Section II . I . (Priorities and Criteria for Evaluation) item 7 from "Early availability of public access studio provided and supported by fran- chisee" to "Early availability of access facilities and staff provided and supported by franchisee . " Citizen ' s Advisory Committee : Add new Section I . item H. to RFP, Citizens ' Advisory Committee, which would read as follows : The City of Shakopee willestablish an advisory committee for the purpose of assisting the city council with the task of administering the franchise , including but not limited to : monitoring the franchisee ' s performance , hear- ing and acting upon subscriber complaints , researching re- quests for rate adjustments and other issues , providing in- formation on cable to the public , preparing reports for the council regarding cable matters , and promoting the develop- ment of the access opportunities on the system. The Com- mittee ' s structure will be determined by the city after the franchise award. Chairman Foudray passed the gavel to Mr. Davis and asked if the citizens ' advisory committee proposed in the motion wouldn ' t duplicate the current committee . Mr. Foudray moved to amend motion to strike portion on recommendation of citizens ' advisory committee . Dis- cussion followed in which the concensus of the other committee mem- bers was that the current committee was designed as advisory prior to adoption of the franchise while the proposed committee would be advisory after the adoption of the franchise . It would be up to City Council to decide if there should be a linkage of the two advisory capacities . The amendment died for lack of a second . Vo- ting on the original motion took place and the motion carried . Mr . Kirchmeier suggested the Committee could make further recommendations on make-up and duties of new committee in the future. Ms . Benda reintroduced the topic of the initial service territory on which the committee had requested further cost information on the expense to all subscribers of broadening the initial service territory to include scattered subdivisions to the South and East of the core downtown area of Shakopee . Her projections were cal- culated with the assistance of CTIC Associates based on conservative estimates of full costs to provide the system (eg. construction, capital , operating costs , profits) and full revenues (eg. installa- tion fees , second set costs , and monthly rates) assuming 50% pene- tration. She estimated a base cost of $29 . 60/mo. /per subscriber over 15 years for the core residential area and then estimated the additional cost _all subscribers if the system were to be extended to the East and South as follows : Extension to : Incremental Cumulative Cost Add-On Cost Add-On Hauer Add 'n/Killarney Hills Add 'n No add-on , within base area Montecito Heights Addition $ . 12 $ . 12 Zoschke ' s Add 'n/Horizon Heights Add 'n . 17 . 29 • . Page 3 Incremental Cumulative Extension to: Cost Add-On Cost Add-On Riverview Estates $ .40 $ . 69 CR 89 .01 . 70 Maras Addition . 31 1 . 11 Hillside Estates . 56 . 56 Timber Trails Addition .09 . 65 Deerview Addition . 22 . 87 Eaglewood .24 1 . 11 Ms . Benda explained that if these subdivisions were to be served by a line extension policy calling for them to be charged the full cost of the extension the cost would be prohibitive and these areas will not be served by cable . Kirchmeier/Davis moved to keep the initial service territory as that area where there are 40 homes per street mile of cable as in the current RFP, but to include a map delineating the area the Committee considers will meet this criteria to avoid interpreta- tion by the applicants . The initial service territory is to in- clude Hauer Addition and Killarney Hills Addition. Motion carried. Consultant Benda presented information on alternative approaches to requesting line extension policies from applicants . The RFP can define a line extension policy and ask the operators to quote costs or can invite applicants to offer their own line extension policy, perhaps providing Committee preferences . Davis/Kirchmeier moved to include map in RFP which circles and num- bers current residential pockets and ask for line extension cost for each pocket . Motion carried. Kirchmeier/Davis moved to state preference in RFP for a line ex- tension policy which recovers the actual cost of time and materials from the persons served by the extension. Chairman Foudray called for a division of the house : Roll Call : Ayes : Kirchmeier, Gorman, Davis Noes : Abeln , Foudray Motion carried Ms . Benda presented recommendations on requirements related to the construction timetable which should be placed in the RFP. Gorman/Davis moved that the following provisions should be included in the RFP: 1 . Required construction completion and provision of service to the initial service area within 2 years from the date of MCCB (Minnesota Cable Communications Board) Certification; 2 . Require applicants to submit a plan for construction and service , plotting time against construction areas in 6 month periods and defining when residences in the line extension areas will receive service ; 3 . Establish the shortest construction timetable for the initial service area as one priority for judging applicant ' s pro- posals . Motion carried . • Page 4 Ms . Benda provided background information on regional intercon- nection between cable systems . The capability to interconnect is required by state regulations , but the Committee may wish to stress this service beyond the minimum level established by the state . Davis/Gorman moved to incorporate the following provisions into the RFP: 1 . Require detailed information from all applicants regarding their plans to interconnect with metropolitan cable systems ; and 2 . State a preference for the applicant proposing the strong- est commitment to interconnect its facilities with systems located in the Shakopee or metropolitan area . Mr. Gorman withdrew his second to the motion and Ms . Abeln seconded. Gorman called the question and the molion carried . Ms . Benda explained local-generated automated information systems, -whereby community announcements or City Council agendas can be typed into the system and displayed over cable TV. Equipment for such a service can be required or requested as well as personnel to operate the system and channel (s) to display. Gorman/Kirchmeier moved to require an automated information system provided by the cable operator for a community announcement service, with keyboard and video dquipment to be located at the head-end and at the office of the Shakopee Community Services . Motion carried. Ms . Benda explained the restrictions on the use of the franchise fee . Under current FCC regulations the City may set a 3% franchise fee and use the funds for any purpose . If, as in the current Shak- opee RFP the franchise fee is to be 5%, the City must submit a waiver to the FCC in which it demonstrates that the 5% fee is nec- essary to support local cable regulation or access programming. As the FCC is currently considering dropping this regulation the Committee should recommend whether this intent should continue to be followed if the FCC drops this requirement . Davis/Gorman moved to state in the franchise ordinance that funds from the franchise fee will be allocated to cable-related activi- ties only, to include regulation and access . Davis called the question and the motion carried. Ms . Benda summarized her memo on ownership options for cable com- munications systems , explaining the advantages and disadvantages of various options . Kirchmeier/Gorman moved that the Committee go on record as suppor- ting a system of private ownership by the operator presenting the best proposal . Roll call vote : Ayes : Davis , Abeln, Gorman, Kirchmeier, Foudray Noes : None Motion carried. Ms . Benda reviewed the Evaluation Priorities and Criteria previous- ly adopted by the Committee and City Council and explained that she had added descriptive subcategories to each criteria to clari- fy the evaluation process . Page 5 Gorman/Abeln moved to include the subcategories of the Evaluation Priorities and Criteria submitted by Anita Benda in her memo of June 6, 1981 on said topic . Mr. Kirchmeier raised the issue of whether cable operators might look into a microwave hop to provide service to residential pock- ets distant from the residential core . Three cable operators re- presented in the audience responded they would look into this option. Gorman/Davis moved to adopt the June 10, 1981 Preliminary Cable Communications Franchise Ordinance . The motion was withdrawn . It was decided that Anita Benda and Jeanne Andre would meet with Attorney Adrian Herbst to discuss minor revisions to the ordinance . Mr. Herbst will then be requested to meet with the Committee to review the ordinance , particularly those areas which will involve policy decisions . Kirchmeier/Davis moved to adopt the following timetable and request City Council concurrence : July 15, 1981 Committee meets with Mr. Herbst July 28, 1.981 Joint Committee/Council work session to review RFP and ordinance August 11 , 1981 City Council holds public hearing on RFP. Motion carried. Davis/Abeln moved to adjourn meeting until 7 :00 p.m. on July 15 , 1981 . Motion carried. Meeting adjourned at 10:09 p.m. R. Gene Foudray Chairman Jeanne Andre Recording Secretary MEMO TO: John Anderson City Administrator FROM: H. R. Spurrier IVO City Engineer 44-00‘:RE: Upper Valley Drainage Sy em DATE: July 13, 1981 Introduction: I recently posed two questions to the City Attorney, Julius A. Coller, II, regarding the upper valley drainage (copy enclosed) . The purpose of the inquiry was to help determine the most prudent course to follow in proceeding with development of drainage facilities. Background: I also attach a letter addressed to the City Engineer from Julius A. Coller, II, dated June 4, 1981, regarding the above-captioned matter. In layman's terms, the letter from Mr. Coller indicates that the City has serious problems. As an example, in the event the City constructs drainage facilities and in the event development in Jackson and Louisville Townships increases the runoff so that that developed runoff exceeds the capacity of the facilities the City built, the City is liable for any damage that developed runoff caused and the City would have to rebuild the facilities. This problem will not go away. It will exist regardless of whether the City does or does not develop the upper valley. Alternatives: The alternatives are much as they were described in a City Council meeting January 20, 1981. Those alternatives are as follows: 1. Request that Scott County create a watershed district to manage the runoff in the Mill Pond Basin. This undertaking would delay the start of a project 18 to 36 months. 2. Petition the lower Minnesota or Prior Lake-Spring Lake Watershed District to expand its watershed district boundaries and construct necessary facilities to mitigate potential damage caused by runoff in the Mill Pond Basin. This would delay the start of the project 18 to 36 months. John Anderson July 13, 1981 Upper Valley Drainage System Page -2- 3. Enter into an agreement with Jackson and Louisville Townships to have the City develop and improve the drainageway without participation by either of the Townships with the understanding that Jackson and Louisville Townships will not increase develop- ment without mitigating potential damage caused by increased runoff. This would add approximately 12 months to negotiate the agreement. 4. Enter into a Joint Powers Agreement between the City of Shakopee and Jackson and Louisville Townships for the management of storm water in the Mill Pond Basin. This would add approximately 12 months for negotiation of the Joint Powers Agreement. Recommendation: Obviously, the City is at a disadvantage in negotiating an acceptable arrange- ment for the management of storm water in the upper valley. Without legal recourse, the City is obliged to provide the oversize facility in the event Jackson or Louisville would develop. Unless other legislation is passed altering the obligation of the City in this regard, the City has but one apparent course of action to take: 1. Negotiate with Jackson Township and determine whether it is possible to enter into an agreement. An agreement which would limit development in Jackson and Louisville Townships should the City proceed with the construction of facilities in Shakopee or a Joint Powers Agreement which would specify the obligation of the Townships and the City in redesign and financing of drainage facilities. 2. Should the negotiation fail, petition the Lower Minnesota Watershed District or better, the Prior Lake-Spring Lake Watershed District for inclusion of the Mill Pond Basin and for the improvement of the Mill Pond Basin in Shakopee. HRS/jiw Attachments 00/0 MEMO TO: Julius A. Coller, II City Attorney FROM: H. R. Spurrier City Engineer RE: Upper Valley Drainage Mill Pond Basin DATE: April 27, 1981 The City of Shakopee has adopted a Storm Water Management Plan, as a part of the Shakopee Comprehensive Plan. The Storm Water Management Plan specifies that storm water detention facilities will be utilized to detain peak flows and reduce the run-off rate. Some of these facilities are proposed in an area east of County Road 17, south of 11th Avenue, westerly of County Road 16 and northerly of the proposed 101 Bypass. The Shakopee Comprehensive Plan further specifies that the area described above is scheduled for development between 1980 and 1985. The area, therefore, is the first undeveloped area where the City must now establish easements or right- of-way required to convey storm water from this tributary upper basin area, called the Mill Pond Basin. This tributary basin includes part of the City of Shakopee, part of Jackson Township and part of Louisville Township. At the present time, there is very little development or land disturbing activities in the upper basin area which would cause an increase in run-off over and above historic rates. It is important to note that any development or land disturbing activity including agriculture activity in the tributary upper basin has an effect on the rate and amount of run-off. There are apparently no major development or major land-disturbing activities contemplated now or in the next five to ten years in the tributary upper basin inside and outside present City limits of the City of Shakopee. In view of the fact that the size and capacity of downstream facilities depend on the amount and rate of run-off from the upper basin, there are two questions regarding that run-off: 1) Is there an amount of run-off the City is obliged to take? 2) If development or land disturbing activities in the tributary upper basin alter the run-off so that the capacity of the storm sewer facilities built to accommodate the run-off specified in question No. 1 above is exceeded, does the City have any legal remedy under Minnesota Statutes? Should you have any questions regarding th ' •tent or meaning of these questions, do not hesitate to call. ti HRS/jiw H. R. Sp ier, City Engineer .A. c0r.r.I:r?, I T UU LIUS A.COLLER .\J• 'UIts LY AT 1.11\' 612-445-1244 1859-1940 2 1 1 W55 T FIRST AVENUE ti11 \1i<)19P:1:, 55aZO June 4, 1981 l JfIPv.i':Cr/vr9 v 19$1,,_ -r: Mr. H. R. Spurrier, City Engineer \\'l ' ui rl Shakopee City Hall i / ' Shakopee,Minnesota 55379 fi 11; Dear Bo: Your Memo of April 27, 1981 raises two questions in connection with the adoption by the City of a Storm Water Management Plan. The first question is whether or not there was an amount of runoff the City is obligated to take; and the second question raises the question of the City's liability and remedy in the event the runoff is increased as a result of certain further improvements at some later date. Basically, Minnesota law is that the City is not obligated to do anything about drainage waters, but, when the City undertakes to do something, then by such undertaking the City assumes liability. In any storm sewer drainage plan, the first thing to consider is limiting the area to be drained. This naturally would be done in the event there is an assessment. But, whether there is an assessment or not, the area to be drained should be very definitely limited and then normal and abnormal water must be reckoned with and the City must be prepared to take it. I assume the 100-year storm or the 50-year storm would be an exception; but otherwise, once the City takes runoff, it should be prepared to handle normal and abnormal runoffs, except as above limited. Your other question concerning the increase of capacity of the storm sewer as the result of development within the defined area, it would then be necessary for the City to take care of the additional runoff by increasing the size of existing, or constructing new, storm water drainage and assessing or re-assessing the benefited property, as permitted by law. Very truly yours, Jul uoller, II City Attorney JAC/bpm / cf)tom- . . Ec? � O 6 31 `� 7 k\c,n -VT (3v-z- -We4;-<' c_a\nsc-c-kcik.) t c t) ' -u\.% � S, \A-c,€A I CA91 -A- ) 6 c)0,c) o \ ® Cc) i 8 .S 3 fib-- Cc)M-KV-4\cf\-- CAST" 3 VA- ' kntZKyI 1 080 12. ,5 \\.) CrA. Ck.i\C7 C.T3%7 �ll ) 23 k5-) k(-)\\ CrLf-c ) (:)g3 , (X ) 1v31 TT1V Ct) � e) 4 �1bo i MEMO TO: John Anderson City Administrator FROM: H. R. Spurrier ill1110 City Engineer ' off-% t RE: Award of County Road 16 Utilities DATE: July 14, 1981 Engineering staff has investigated the apparent low bidder on the above-referenced contract and recommends award of the contract to Axel Newman Heating and Plumbing Company, 1608 Como Avenue West, St. Paul, Minnesota 55108. HRS/jiw Attachment: Resolution No.1880 Memo from Ray Ruuska, dated July 14, 1981 MEMO TO: H. R. Spurrier City Engineer FROM: Ray Ruuska Engineering Coordinator RE: Axel Newman Heating & Plumbing Company - References DATE: July 14, 1981 I received several references from Wayne Herquinet, comptroller for the above-referenced company. I contacted three of them and the references are as follows: 1. City of Hastings, MN - Len Olson, City Engineer. Storm sewer project - value $500,000. Hastings is satisfied with Newman's work. 2. City of St. Paul, MN - Doug Schwab, Inspector, commercial hook-ups and systems - value $10,000 to $200,000. St. Paul is satisfied with Newman's work. 3. Israelson & Associates, Inc. , Warren Israelson, Engineer, sanitary sewer and water project in Eden Prairie - value $200,000. Israelson is satisfied with Newmans work. RR/j iw RESOLUTION NO. 1880 A Resolution Accepting Bid On 1980-4 County Road 16 Utilities WHEREAS, pursuant to an advertisement for bids for the improvement of County Road 16 east of County Road 17 and west of the east line of Section 6-115-22C by sanitary sewer and watermain, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Axel Newman Heating & Plumbing $167,410.30 Orfei & Sons 169,116.93 West Central Landscaping, Inc. 169,309.11 Richard Knutson, Inc. 169,359.00 krcon Construction 171,010.40 Nodland Associates 182,286.00 Kenko, Inc. 187,820.00 Parrott Construction Company 192,584.20 Barbarossa & Sons 192,799.00 Ideal Enterprises 200,468.50 Brown & Cris 206,958.10 AND WHEREAS, it appears that Axel Newman Heating & Plumbing Company, 1608 Como Avenue West, St. Paul, MN 55108 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVH:u BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The Mayor and City Clerk are hereby authorized and directed to enter into a contract with Axel Newman Heating & Plumbing Company in the name of the City of Shakopee for the improvement of County Road 16 east of County Road 17 and west of the east line of Section 6-115-22C by sanitary sewer and watermain, according to the plans and specifications therefore appr<ved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Resolution No. 1880 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. I City Attorney 1