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HomeMy WebLinkAbout05/27/1986 TENTATIVE AGENDA ADJ .REG.SESSION SHAKOPEE, MINNESOTA MAY 27, 1986 Mayor Reinke presiding 11 Roll Call at 7 :00 P.M. 2] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 31 Approval of Consent Business - (All items listed with an asterick are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) 41 7 :00 P.M. PUBLIC HEARING - Proposed improvement of Street Rehabil- itation within Timber Trails Addition 5] 7 : 30 P.M. PUBLIC HEARING - Proposed improvement of Roadways serving platted property in the Montecito Heights 1st and 2nd Additions 61 Reports from Staff: [Council will take a 10 minute break around 9 :001 *a] Holmes Street Basin Lateral Project Construction Staking b] Application for Taxicab License from Town Taxi Co. Inc . - memo on table 7] Resolutions and Ordinances: *a] Res. No. 2560, Amending Special Assessments for 1984-4 Shenandoah Drive Roadway Construction *b] Res. No. 2548, Establishing A Policy for Reimbursement of Council Members for City Litigation Costs *c] Res. No. 2563, Requesting Highway Patrol to Enforce Speed Limits on Hwy 101 *d] Res. No. 2564, Authorizing the Granting of a License As Herein Described 81 Other Business : a] 1986 City Wide Clean-up : 64 roll-offs @$130.00 each vs 1985 City Wide Clean-up : 33 roll-offs @ 99 .00 each $3 , 500 was budgeted for this year b] 91 Adjourn. John K. Anderson City Administrator REMINDER: Planning Commission/Council discussion on Metropolitan Develop- ment and Investment Framework on Thursday, May 29th at 7 :30 PM. MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer, f SUBJECT: Timber Trails Road Impr^ovements DATE: May 23, 198E INTRODUCTION 8 BACKGROUND: A public hearing for proposed roadway improvements to the Timber Trails area is scheduled for May 27, 1986. Council has reviewed a feasibility report, dated May E:, 1986, addressing proposed improvements. REDUESTED ACTION: Offer ResolLttion No. 2561, A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for Timber Trails Road Improvements, Project No. 1986-5, and move its adoption. KA/pmp MEMc561 RE50LUTION NO. 2561 A Resolution Ordering An Improvement And The Preparation of Plans And Specifications For Timber Trails Road Improvements Project. No. 1986-5 WHEREAS, Resolution No. 2546, adopted on May 6, 1986, fixed a date for Council hearing on the proposed improvement of Road- ways within Timber Trails Addition, Project No. 1986-5; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 27th day _of May 1986, at which all persons desiring to be heard were given an opportunity to be heard thereon . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 5HAKOPEE, MINNE50TA: 1 . That the improvement is ordered as hereinafter des- cribed: Timber Trails Road Improvements, Project No. 1986-5 2. Ken Ashfeld, City Engineer is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of J. 19 City Attorney r'-- ti MEMO TO: John K. Anderson, City Administrator FROM: Nen Ashfeld, City Engineer i SUBJECT: Mont ec i t o Heights Road I rnprovement s DATE: May 23, 1986 INTRODUCTION R BACKGROUND: A public hearing for proposed roadway improvements to the Monte- cito Heights area is scheduled for- May 27, 1986. Council has reviewed a feasibility report, dated May 2, 1986, addressing proposed improvements. The feasibility report addresses two specific improvements, 1) structural improvements arid ; 2) drainage improvements. The proposed overlay would provide the additional structural strength needed. One problem that affects the structural strength is poor drainage away f rorn the pavement since there are no ditches or curbing. The original plans for the subdivision called for future cur-b and gutter which would irnprove the drainage and its impact on the structure capabilities of the road, parti- cularly in the spring. Alternative is provides for the biturninous overlay and alter- native 1b simply adds the curb and gutter element. RECOMMENDATION: It is recommended that the project be ordered implementing alter- native 1b. ACTION REQUESTED: Offer Resolution No. 2562, A Resolution Ordering an Improvement and the plans and Specifications for Montecito Heights Road Improvements, Project 1986-6, and move its adoption. KA/pmp MEM2562 RC) Pc) P RESOLUTION NO. 2562 A Resolution Ordering An Improvement And The Preparation of Plans And Specifications For Montecito Heights Road Improvements Project No. 1986-6 WHEREAS, Resolution No. 2547, adopted on May 6, 1986, fixed a date for Council hearing on the proposed improvement of Roadway Improvements within Montecito Heights 1st and 2nd Additions, Project No. 1986-6; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 27th day of May 1986, at which all persons desiring to be heard were given an opportunity to be heard thereon . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . That the improvement is ordered as hereinafter des- cribed: Montecito Heights Road Improvements, Project No. 1986-6 2. Ken Ashfeld, City Engineer is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 19 City Attorney ''✓ MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer A' '' , SUBJECT: Holmes Street Basin Lateral Project Construction Staking DATE: May 21, 1986 INTRODUCTION: City Council has awarded the Holmes Street Basin Lateral Pro- ject. Construction is expected to begin soon and provisions must be made to provide construction staking. BACKGROUND: The City' s Civil Engineering Consultant, Orr-Schelen-Mayeron & Associates, Inc. , has submitted their 1986 fee schedule for review. As indicated in their correspondence, and I agree, that it would be very difficult to establish a "not to exceed" contract amount. RECOMMENDATION: Based upon the need for assistance with this portion of the project it is recommended that the City retain its consultant to provide this service. REQUESTED ACTION: Move to retain the City' s Civil Engineering Consultant, Orr- Schelen-Mayeron g Associates, Inc. to provide construction stak- ing on the 1986-1 Holmes Street Basin Lateral Project based on their 1986 fee schedule. KA/pmp STAKING ORR•SCHELEN• MAYERON &ASSOCIATES, INC. ,resulting Engineers "]CI Sur Veyor.'> May 13, 1986 City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 Attn: Mr. Ken Ashfeld City Engineer Re: Holmes Street Basin Storm Sewer Construction Staking Dear Mr. Ashfeld: As per our contract with the City of Shakopee, we are required to enter into an extension agreement on all major projects. Regarding the construction staking on the referenced project, we will work under the direction of you or your project manager to furnish what you need when you need it. It is almost impossible to give you a not to exceed dollar amount on this, so we request that this project be handled like the last one we did for the City which is on an hourly basis per our normal billing rate. Thank you for this consideration. Sincerely, ORR-SCHELEN-MAYERON & ASSOCIATES, IN C� Robert D. Frigaard, P.E. Associate RDF:mlj S - ORR•SCHELEN• MAYERON &ASSOCIATES, INC. onsulting�;gine e,-� Land unveyors 1986 FEE SC'HEDULr Schedule of hourly salary costs to be multiplied by 2.25 to determine hourly fee. Principal $36.00 Project Manager, Surveyor, Planner 29.50 Prdject Engineer, Surveyor, Planner 23.75 Engineer, Surveyor, Planner 20.00 Designer 21.00 Technician 17.75 Technician I 15.75 Schedule for hourly salary costs to be multiplied by 2.15 to determine hourly fee. Construction Observer $20,00 3-Man Survey Crew 40.00 2-Man Survey Crew 32.00 "Salary cost" is defined as salaries (including sick leave, vacation or holiday pay applicable thereto) of personnel for time directly chargeable to the project, plus unemployment and payroll taxes, employer's contribution for social security, employee's insurance, retirement benefits, and medical and surgical benefits. The actual salary cost is dependent upon the hourly rate of the employee assigned to the project, except that Construction Observers and Survey Crews will be charged at the flat rate shown above. All costs, such as vehicle mileage, survey equipment and vehicles, computer ser- vices , word processing, clerical , printing and reproduction costs are included in the hourly fee. The fee for attendance at regular council meetings will oe $40.00 per meeting. Statements issued monthly will include names of personnel associated with the work and a summary of time spent. MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk -� 1 RE: Application for Taxicab License from Town Taxi Co. Inc. DATE: May 27, 1986 Introduction and Background Application has been received from Town Taxi Co. Inc. of 2812 University Avenue S.E. , Minneapolis for a taxicab License. The certificate of insurance lists two vehicles which will be licensed. The City has issued two other taxicab licenses to date, one to Yellow Taxi Service Corporation for six vehicles and Suburban Taxi Corporation for up to 55 vehicles. The Chief of Police has okayed the issuance of a license. The certificate of insurance is on file and the application is in order for Council consideration. Alternatives 1. Approve 2. Deny Recommended Action Approve the application and grant a Taxicab License to Town Taxi Co. Inc. , 2812 University Avenue S.E. , Minneapolis , MN 55414 . JSC/jms TO: John K. Anderson, City Administrator �yL FROM: Gregg Voxland, Finance Director RE: Resolution No. 2560 DATE: May 20, 1986 Introduction and Background Resolution No. 2560 implements the Silverhawk assessment appeal for Shenandoah Drive as per the attached letter from Krass & Monroe. Action Requested Move Resolution No. 2560. LAW OFFICES KRASS & MONROL CHARTERED Phillip R. Krass Dennis L. Monroe Marschall Road Business Center Barry K. Meyer Trevor R. Walsten 327 Marschall Road Elizabeth B. McLaughlin P.O. Box 216 Bryan Wm. Huber Shakopee, Minnesota 55379 Susan L. Estill Telephone 4455080 Diane M. Carlson MEMORANDUM TO: City Council Members City of Shakopee DATED: May 14, 1986 RE: Silverhawk N.V. Assessment Appeal Our File No. 1-1373-186 Dear Council Members: Please be advised that on behalf of the City we have settled the above-referenced matter for an $11 ,250.00 reduction of the ' original assessment of the property. This reduces the total assessment of the pro- perty to $134,770.08. You originally authorized us to reduce the assessment by 10% which allowed a total reduction of $14,602.00. We are happy we were able to settle this matter for less than the authority given. Very truly yours, KRASS & MONROE CHARTERED Susan L. Estill SLE:jr:mj cc : Robert Strachota Ken Ashfield John Anderson 7 � RESOLUTION NO. 2560 A RESOLUTION AMENDING RESOLUTION 2450 ADOPTING SPECIAL ASSESSMENTS FOR 1984-4 SHENANDOAH DR. ROADWAY CONSTRUCTION WHEREAS, Shakopee City Council adopted Resolution No. 2450 on October 1, 1985 levying special assessments for Shenandoah Drive Improvements, and WHEREAS, Silverhawk N.V. was assessed $146,020.08 for parcel no. 27-905- 021-0, and WHEREAS, Silverhawk N.V. has appealed said assessment, and WHEREAS, the Assistant City Attorney's office has reached a settlement within Council guidelines. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: That Resolution No. 2450 is amended to show an original principal assessment of $134,770.08 for Parcel No. 27-905021-0. Adopted in session of the Shakopee City Council of Shakopee, Minnesota, held this day of 1986. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1986. City Attorney MEMO TO: John K. Anderson, City Administrator w �- ' FROM: Judith S. Cox, City Clerk RE: Policy for . Reimbursement for Councilmembers for City Litigation Costs DATE: May 23 , 1986 Introduction Per your request, I have redrafted the resolution setting a policy for reimbursement for Councilmembers for City litigation costs. Background I have also made a few calls to other cities regarding their policy for reimbursement for court appearance , or extraordinary functions during working hours . All seven municipalities called have no per diem policy; Council receives a monthly compensation only. (Bloomington, Richfield, Burnsville, Chanhassen, Minnetonka, Eden Prairie and Edina) The League had no information on per diem policies . Met Council Members receive $50 . 00 per diem with no monthly compensation. Scott County Commissioners receive $30 . 00 per diem plus monthly compensation. A paragraph has been added to allow a per diem for attendance at City related functions , when attendance is required by motion of the Council during regular gainful employment hours . Action Requested Offer Resolution No. 2548 , A Resolution Establishing A Policy For Reimbursement of Council Members for City Litigation Costs, and move its adoption. JSC/jms RESOLUTION NO. 2548 A RESOLUTION ESTABLISHING A POLICY FOR REIMBURSEMENT OF COUNCIL MEMBERS FOR CITY LITIGATION COSTS WHEREAS, from time to time the City of Shakopee is involved in litigation in the Court Systems and Administrative Agencies of this State; and WHEREAS, said litigation often requires the presence of the Mayor and Members of the City Council at Hearings, Trials, Depositions and other litigation related functions; and WHEREAS, such attendance often entails the necessity for said Mayor and Council Members to lose wages and salaries, and expend out-of-pocket funds; and WHEREAS, it was never intended that said Mayor and Council Members expend such funds and lose wages and salaries as a result of such litigation involving the City; NOW, THEREFORE BE RESOLVED by the City Council of the City of Shakopee as follows: 1. That at any such time as the Mayor or any member of the City Council shall be required to attend Trials , Hearings, Depositions, and other litigation related functions which require the absence of that Council Member from regular gainful employment it shall be the policy of the City to pay the Mayor and Council Members $50 . 00 per diem, in addition to their monthly compensation set forth in the City Code. 2. That at any such time as the Mayor or any member of the City Council shall be required by motion of the Council to attend City related functions which require the absence of that Council Member from regular gainful employment, it shall be the policy of the City to pay the Mayor and Council Members $50 . 00 per diem in addition to their monthly compensation set forth in the City Code. 3 . That this policy shall take effect upon the passage of this Resolution and shall not be retroactive. Resolution No. 2548 Page Two Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of 1986 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1986 . City Attorney MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Request Highway Patrol to Enforce Speed Limits on T. H. 101 DATE: May 23 , 1986 Introduction The City Council, at its May 20, 1986 meeting, directed staff to prepare a resolution requesting more Highway Patrol enforcement of speed limits in the City of Shakopee. Resolution No. 2563 Resolution No. 2563 was drafted to address the two major concerns of the petitioners that have appeared before City Council: ( 1 ) speed of traffic and ( 2 ) yielding the right-oz-way to pedestrians in cross walks. Alternatives 1 . Approve the resolution. 2 . Amend the resolution. 3 . Drop the resolution. Recommendation I recommend alternative No. 1 because it represents the concerns as expressed by the petitioners. Action Requested Offer Resolution No. 2563 , A Resolution Requesting that the Minnesota Highway Patrol Traffic Division Actively Enforce Safe Speed Limits on Trunk Highway 101 in the City of Shakopee, and move its adoption. JKA/jms RESOLUTION NO. 2563 A RESOLUTION REQUESTING THAT THE MINNESOTA HIGHWAY PATROL TRAFFIC DIVISION ACTIVELY ENFORCE SAFE SPEED LIMITS ON TRUNK HIGHWAY 101 IN THE CITY OF SHAKOPEE WHEREAS, the City of Shakopee has experienced vehicle and pedestrian accidents at the intersection of Highway 101 and Lewis Street and Highway 101 and Fuller Street resulting from a combination of speed and failure to yield proper right-of-way, and WHEREAS, the City of Shakopee has investigated possible alternatives for the correction of the traffic problem including the installation of more traffic signals, more warning signs, more local traffic enforcement and more State Trooper enforcement to insure the speed limit is complied with and that vehicles yield to pedestrians in our cross walks, and WHEREAS, the City Council of the City of Shakopee has instructed its Police Department to provide more traffic enforcement on Highway 101 to resolve the current accident problem. NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SHAKOPEE, MINNESOTA, that the City formally requests that the Minnesota Highway Patrol instruct its officers to provide more traffic control on Highway 101 within the City of Shakopee to insure that reasonable and safe speed limits are complied with in the City of Shakopee and that motorists abide by the law of the State of Minnesota in providing pedestrians the right-of-way. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of 1986 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1986 . City Attorney cJULIUS A. COLLER, IT JULIUS A.COLLER ATTORNEY AT LAw 859-1940 612-445-1244 2 1 1 -EST FIRST AVENUE SHAROPEE, MINNESOTA 55329 May 20, 1986 MEMO TO: SHAKOPEE CITY COUNCIL FROM: Julius A. Coller, II, City Attorney RE: Dwelling Extending into Public Street BACKGROUND: The prospective purchasers of a home located at 506 West 7th Avenue on part of Lots 6 and 7, Block 95, City of Shakopee, have a problem. The brick dwelling house located at the above address is well over 50 years old and protrudes into the public right-of-way of West 7th Avenue by approxi- mately 1 foot. Without some showing of permissive use being granted and placed on record in the nature of a grandfather clause to allow the incursion on the public right-of-way to continue, title to the tract is flawed. It would be inpractical to attempt to remove the building and the prospective purchasers and the present owners request a recordable permission to permit the building to remain in its present location. RECOi`MENDATIONS: While the City cannot guarantee the continuance of the incursion under the facts I believe it would be permissible to grant a license to the present owners of said property to continue the incursion of approximately 1 foot into the public right-of-way at 506 West 7th Avenue, in the City of Shakopee for as long as the present building remains standing on its present location, but nothing should be done to inciesa-5ethe area of the public property occupied and that license would terminate upon the destruction or removal, of the building. ACTION RE*QUESTED: That the Council grant permission to the present owners as above recommended and .authorize the preparation and presentation of proper documentation to the Council at its next meeting for action by the Council. Abstract of Title has been returned to Michelle Hein at First National Bank of Shakopee pursuant to her request. 7 �- LICENSE TO OCCUPY PART OF WEST SEVENTH AVENUE HEREIN DESCRIBED THIS PERMISSION AND LICENSE Authorized by the Shakopee City Council in meeting lawfully assembled on the day of , 1986 is made by and between the City of Shakopee, a Municipal Corporation, located in Scott County, Minnesota as Grantor, and Charles R. Duede, his heirs and assigns, as Grantees, as follows: PER:IISSION AND LICENSE is hereby granted to maintain a brick structure located at 506 West Seventh Avenue in the City of Shakopee on Part of Lots 6 and 7, Block 59, City of Shakopee, Scott County, Minnesota lying Northerly of the following described line: Beginning at a point on the Westerly line of said Lot 7 distant 70. 94 feet Southerly of the northwest corner of said Lot 7; thence Easterly to a point on the Easterly line of said Lot 6 distant 70.90 feet Southerly of the northeast corner of said Lot 6 and there terminating which said structure protrudes and extends into the public right-of-way of the south side of West Seventh Avenue by approximately one foot. THIS PERMISSION AND LICENSE is granted for the life of said brick structure but is strictly limited to that part of West Seventh Avenue in the City of Shakopee that is now occupied by said structure and may not be extended. This right, permission and license shall remain until such time as said structure is removed, destroyed or otherwise disposed of; and upon such removal, destruction or other disposition, this permission and license shall terminate and cease to exist without any further action on the part of either party hereto. IN TESTIMONY WHEREOF, This, Permission and License is executed by and on behalf of the City of Shakopee by authority of the Shakopee City Council by its Mayor and City Clerk and its City Administrator all as of the day of , 1986. THE CITY OF SHAKOPEE, A MUNICIPAL CORPORATION Mayor City Clerk City Administrator RESOLUTION # -2564 A Resolution Authorizing the Granting of a License As Herein Described. WHEREAS, A brick dwelling house located at 506 West 7th Avenue, City of Shakopee, County of Scott and State of Minnesota was erected more than 50 years ago in such a manner that part of the structure protrudes into the public right-of way of West 7th Avenue in said City by approximately one foot adjacent to the following described property, to-wit: Part of Lots 6 and 7, Block 59, City of Shakopee, Scott County, Minnesota lying Northerly of the following described line: Beginning at a point on the Westerly line of said Lot-7, distant 70.94 feet Southerly of the Northwest corner of said Lot 7; thence Easterly to a point on the Easterly line of said Lot 6 distant 70.90 feet Southerly of the northeast corner of said Lot 6 and there terminating; and WHEREAS, The dwelling as so erected and protruding onto the right-of-way is in no way an interference with the right of the public in and to Seventh Avenue and in no way does the incursion constitute a hazard; and WHEREAS, It is impractical, if not impossible, to move said brick structure. THEREFORE, BE IT RESOLVED BY THE SHAKOPEE CITY COUNCIL, That the City grant to the owner of said above described property, Charles R. Duede, his heirs and assigns, permission and a license to continue the incursion above described for as long as the above structure remains in its present location, but limited speci- fically to the extent of its present occupancy in said public right-of-way only; and at the time said dwelling house is removed, destroyed or other wise disposed of, the license and permission hereby granted terminates without further action on the part of the City of Shakopee or on the part of Charles R. Duede, his heirs and assigns. BE IT FURTHER RESOLVED, That the proper I city officials be and hereby are authorized and directed to do all things proper to prepare, execute and deliver said license, all as aforesaid. Passed in session of the Shakopee City Council this day of 1986. Mayor of the City of Shakopee ATTEST: City Clerk Prepared and approved as toform this 23rd day of May, 1986 ��CfiyAttorney