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03/17/1987
f� MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-Agenda Informational Items DATE: March 12, 1987 1. There will be three meetings on Monday evening March 16th The Community Services Board will meet at 5:00 p.m. at the Community Services Office, then there will be a joint meeting of the County Board. School Board and City Council on taxes at 7.30 n.m. in the Scott County Courthouse Assembly Room, and that meeting will be followed by a joint meeting of the School Board, Community Services Board and City Council at 9:00 p.m. in the same room. 2. On March 2nd I conducted the first City orientation for new board and commission members. The meeting lasted for approximately one hour with the following board and commis- sion member in attendance: Dean Roper, Jim Plekkenpol, Jane VanMaldeghem, Paulette Rislund, Eugene Allen, Bill Anderson and Jane DuBois. These represented Community Services, ICC, Planning Commission, Cable Committee and Energy and Transportation Committee. 3. We have received the complaint forms from Kent Lokkesmoe, Regional Hydrologist for the DNR, for property owners who believe their well has gone dry because of the Shiely pumping permit. The forms will be on file in the Engineer- ing Department. 4. The Association of Metropolitan Municipalities at their special meeting on Thursday, March 12th, approved the proposed amendment to the Fiscal Disparities law supported by the Municipal Caucus. We will now be trying to shepherd this through the State Legislature this session. 5. Attached is a memo from Gregg Voxland regarding "tidbits" . 6. Attached are the Revenue and Expenditure Reports for the month ending February 28, 1987. 7. Attached is the Building Activity Report for the month ending February 28, 1987. 8. Attached are the minutes of the Shakopee Coalition meeting of March 5, 1987. 9. Attached are the minutes of the Industrial Commercial Commission meeting of February 11, 1987. 10. Attached are the minutes of the Shakopee Public Utilities Commission meeting of February 2, 1987. 11. It was suggested by Councilmember vierling that adding additional people to the comparable worth review process might improve the credibility of the process. After carefully considering this suggestion staff is proposing that a 9th step be added as noted in the memo from Marilyn that is attached. JKA/jms 5 TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Informational Tidbits DATE: March 12, 1987 Introduction The SPUC audit report has not been finalized and accepted by SPUC yet but it appears that the contribution over the minimum that is placed in the Capital Equipment Revolving Fund will be $102,207. It was $93,391 for 1985. I have written a couple simple computer programs to save staff time and make some work easier. One is a program to total up debt service requirement by year and bond type. This program takes 62 minutes to run on the computer that I use. Another program is for sorting, totaling and printing a journal entry for accounts receivable. This program takes 27 minutes on my computer. I ran this program on the new computer in engineering (CAD computer) and it took 4 minutes to run. - F X V M - FNNM M F MNNPO ^ 6 0 PF0P0Pb 0 Fl r NM1hPNP F N F - NNF W o V W 11 6LL 1 111111111111111 10 111 1 IIS I II111111 - II 1 U b p ONONO O o7o epO 2 00 ehNNONo � 7 7 Fo 6 ^ NON P eeOOO ONOPNOPO oP oN0 p ee .. 00NN - eNOP 6 Metl d OON �bPeP - PNmaPm a ONoo N NFOPpOPNMMON 0 mF FlN 0e NPP dd0 NW- N b F N OpNn -' �dN N W NN F P ^ 0 F N I 6 N OJ LL J oO 0 edPIN-NOVO e om m 000 Oa . O OF W b a ePFOpoNo N a P e OodOP - oNOO 0 Ft N O mPOWF P P N tl oNNmFF N M1 6 � PN0 N - m 0 - NhM N ¢ FN Fl F d N N t W Y W J_ W > No N OPo eNO W No d ONNO No . 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PPPPfPPf PPPP\f PPPPPfP ♦ PP f ♦ f ♦ f T DC 02 Q na v 0 c n ze o mn o mm m nz r am m C IA 2 Z 9D D O Yr S O ti c z o m K z m a o r m 9 9 9 O A D K 0 zn c m a x m a a v m m >z n z K1 W C O d D r .. O 1 Z C Y A cx m a 2 m m n Y W 9 a a c N y � D m u A p S m n YO O m C +1 e D ro p D 1 W p Y 0 N Y m m � Y D p P 2 9 n D m N m � ro' 7 CITY OF SHAKOPEE BUILDING ACTIVITY REPORT PERMITS ISSUED February, 1987 Yr. to Date Previous Year Number Number Valuation Number Valuation Mo. Ytd. Single Fam-Sewered 1 2 140, 500 2 3 210, 647 Single Fam-Septic - - - - - - Multiple Dwellings 3 4 563, 000 - 1 53,000 ($ Units) (YTD Units) (9) (13) - (-) (2) - Dwelling Additions 1 1 3,967 - - - Other 1 1 10,000 - - - Comm New Bldgs 1 1 200, 000 - 2 700,000 c. Comm Bldg. Addns - - - - - - Industrial-Sewered - - - - - - Ind-Sewered Addns - - - - - - Industrial-Septic - - - - - - Ind-Septic Addns - - - - - - Accessory/Garages 1 1 500 2 2 16,000 Signs & Fences - 5 8,345 3 6 11,800 Fireplaces/Wood Stove 2 3 7,000 - 1 1,500 Grading/Foundation - - - 5 5 316, 000 Remodeling (Res) 1 4 42, 500 1 1 2, 000 Remodeling (Inst) - - - - - - Remodeling (Comm/Ind) 4 7 87,200 4 7 2,649,880 TOTAL TAXABLE 15 29 1,063, 012 17 29 3,960,827 TOTAL INSTITUTIONAL - - - - - - GRAND TOTAL 15 29 1, 063, 012 17 29 3, 960, 827 No. Ytd. No. Ytd. Variances 1 1 1 2 Conditional Use 3 5 2 3 Rezoning - - - - Moving - - - 1 Electric 12 23 7 17 Plbg & Htg 14 - 31 14 29 Razing Permits Residential - - - - Commercial - - - Total dwelling units in City after completion of all construction permitted to date. . . . . . .4, 010 Cora Hullander Bldg. Dept. Secretary CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN FEBRUARY, 1987 7343 Void 7344 Paul Schmidt 503 E. 8th Wood Stove 1, 000 7345 Mark Houser 1611 Round House Cir. 4 unit Apt 140,000 7346 Stg. Equipment 1109 Co.�d. 89 (/ Alt. 35, 000 7347 Edman Bldrs. 1066 W. 3rd Comm Bldg. 200,000 7348 Wes Hukriede 2384 Marschall Rd. Repair 35, 000 7349 Fred Marschall 600 HenneB., Ave. Z House 70, 000 7350 Vern Dockendorf Co. Rd. 72 & 17 Alt. 10, 000 7351 Wes Hukriede 2384 Marschall Garage 500 Repair 7352 Laurent Bldrs 2 669W. 3th Ave. ^ Townhome 62, 000 7353 Laurent Bldrs. 2071 W. 3t Ave. Townhome 64,000 {s, , 4.., A. 7354 Laurent Bldrs. y2073 W.��c�Ave. �� Townhome 60,000 7355 Laurent Bldrs. X2075 W. 13tY�Ave. / Townhome 57,000 7356 Laurent Bldrs. 118 S. Fu11Er Alt. 5,000 7357 Ron Hughes 123 E. 1st Alt. 1, 100 7358 John Heitzman 813 E. 7th Ave. Fireplace 3, 000 7359 Rich Carron 8810 E. 13th Ave. Alt. 20, 000 7360 Amre 714 W. 6th Addn. 3,967 7361 Steve Hentges 2461 Hauer Trail Apt.Addn. 40,000 SHAKOPEE COALITION 1100 Fast Fourth Avenue • Shakopee,Minnesota 55379 Founded in 1983" SHAKOPEE COALITION MEETING - MARCH 5, 1987 The meeting was called to order at 7:07 AM by Chairman Brian Norris in the Citizens State Bank Community Room. Members present: Dennis Hron (Lions Club), Karen Martin (Chamber Of Commerce), Kay Louis (Scott County Extension Service), Sr Jo Lambert (St. Francis Regional Medical Center), Maxine Kruschke (southern Valley Alliance For Battered Women) , Brian Norris (Citizens State Bank), Claude.Kolb (Knights of Columbus), John K. Anderson (City Of Shakopee), Joan Salter (Food Shelf), Debora Jasper (St. Francis Regional Medical Center), Barry Stock (City Of Shakopee), Barbara Colhapp (Carver- Scott Cooperative Center), and George Muenchow (Shakopee Community Services). Guests present: Laura Gilkey, Lois Weckman, and Bill Jellison. Chairman Norris requested that all members introduce themselves, which they did. Lois Weckman was introduced as the February "Volunteer of The Month". She was presented with a $50.00 Certificate courtesy of Citizens State Bank together with her commendation. Lois has been very active for many years with the United Christian Hands, her church, and with Shakopee Womens Athletics. "Wild" Bill Jellison was introduced as the March "Volunteer Of The Month". He, together with his truck is involved with volunteer efforts on behalf of many organizations, including the Food Shelf (12-14 hrs/week), various Christian organizations activities, Eden Prairie volunteer, and picking up for the Thrift Shop. Bill was also presented with a $50.00 Savings Certificate from Citizens State Bank together with his commendation. Laura Gilkey, a staff member of Carver/Scott Cooperative Center was introduced. She supervises Kids Company (Latchkey) programs in Shakopee and Waconia. It is geared towards families with parents working outside the home and having children in elementary school. This program fufills the need for good, positive supervision before and/or after school. Laura is available to speak to any groups interested in hearing her story. Joan Salter reported for Scott-Carver-Dakota Community Action Council. The total organization will be moving to their new home, the former Shakopee Valley Printing Building, adjacent to the Shakopee Jr H.S. very shortly. In February 261 families were served (161 - Scott County), which breaks down to 874 individuals. March is a crucial month because of the matching funds available. Example - A bowling alley in Carver County has gathered $5,000. Because of the matching funds available, this contribution suddenly has become a $10,000.00 gift. The "Helping Hands" Column was discussed. The first attempt in February was good. It was agreed that it needs continuous promotion! John Anderson gave a classroom presentation on the subject of Tax Increment Financing. He was commended for using understandable terms. a. T.I.F. only captures taxes on new values. Old values are left untouched. Example: If a piece of property is worth $10,000.00 in taxes and then is increased $100,000.00, only the $100,000.00 is captured if a T.F. District is established. The previous $10,000.00 remains untouched and stays on the general tax rolls. b. The captured increments are then directed to the local Housing 6 Redevelop- ment Authority who decide how to invest this new money e.g. reduce cost of land and/or building for new business, construct new facilities for community such as water towers, streets etc. c. The businesses in the T.I.F. District continue to pay the same level of taxes as everyone else. d. The interest charged to pay off the loan and the loan re-payment comes from new money captured from the T.I.F. District which varies upon the time expended, but can be from 8-25 years. e. The benefit from the new value is deferred until the time that it is paid off. f. The City Of Shakopee does not plan to add any more new T.I.F. Districts. In reference to the Downtown re-development plan, there is still enough money left in the R Hart T.I.F. 6 Canterbury Downs T.I.F. Districts to help finance this project. g. All businesses in T.I.F. Districts pay full taxes like everyone else. h. Question on Canterbury Downs.. .They pay full taxes like everyone else. They are now asking for a reduction on the percentage of tax on wagering at the track that is assessed by the State Of Minnesota which is all over and above the other taxes which they pay like everyone else, property, income etc. This money that they will save will then be used to increase the purses which will attract the better horses for racing, which in turn, will help to maintain a high quality racing operation. Kay Louis announced that there will be a county-wide Volunteer Recognition event on April 30 with more details to be announced later. Chairman Norris commented about a few other items to be discussed in the future and then adjourned the meeting at 8:10 AM. Respectfully submitted, chow,M14Secty.�s ^T Note: Organizations that are not represented at these meetings are sorely missed. If you must miss a meeting, please have a representative attend in your place. Minutes Industrial Commercial Commission Shakopee, Minnesota February 11, 1987 MEMBERS PRESENT: Al Furrie, Chairman Don Koopman Todd Schwartz James Plekkenpol Tim Keane MEMBERS ABSENT: Jane DuBois Bud Berens STAFF PRESENT: Dennis Kraft, Community Development Director Barry Stock, Administrative Assistant Chairman Furrie called the meeting to order at 5: 37 p.m. and the roll was taken. Minutes Schwartz/Koopman moved to approve the minutes of the November 12, 1986 meeting as kept. Motion carried unanimously. 1987-1988 One Year Economic Development Work Plan Mr. Stock presented a one year work plan to the Committee for their review. Mr. Stock stated that the one year work plan as submitted was taken from the one year work plan previously approved by the Industrial Commercial Commission (ICC) and City Council. Mr. Stock explained that the one year work plan was redrafted in order to comply with the format established by the Minnesota Department of Energy and Economic Development for Star City designation. ICC Reorganization Chairman Furrie explained to the two new commission members the reorganization plan proposed for the ICC. It was the consensus of the commission to pursue reorganization as soon as possible. Commissioner Plekkenpol suggested that each commission member contact two potential members for the committee. Mr. Stock stated that if the committee finds anyone who is interested in serving on the commission, they should simply send a brief letter to the attention of the City Administrator explaining their interest to serve on the commission. 1987 ICC Day Mr. Stock explained to the committee that the Shakopee Chamber of Commerce was considering the idea of a media day. The purpose of this event would be to show news media from throughout the region that Shakopee is a excellent community to conduct business, recreate and reside. The focus of the day would be on the entertainment facilities that are located within Shakopee. However, a tour could also be offered which would review the commercial and industrial amenities that our community has to offer. Mr. Stock stated he had been in contact with the Chamber and they were willing to work with the Shakopee ICC to put together this event. Regardless of the ICC' s interest in the idea, the Chamber will be proceeding with their news media day. Discussion ensued on the possibility of working with the Chamber on the news media day. Commissioner Keane suggested that if the commission wanted to pursue their own day he felt that there was adequate time to do so and to do a quality job. The commission also discussed other promotional activities that are being conducted in other communities in the Metro area. It was the consensus of the committee that we should focus our marketing on one or two specific markets such as incubator industries or distribution type facilities. While the consensus of the committee was that we should do more to focus our marketing efforts, the committee felt that it would be appropriate to work with the Chamber on the news media day. However, if possible the commission would like to minimize any costs for this activity with the hopes of pursuing an additional marketing activity later in the year. Canterbury Downs Resolution of Support for Pari Mutuel Tax Law Amendment Commissioner Keane presented a packet of information to the commission regarding the position of Canterbury Downs and their proposed amendment to the Pari Mutuel Tax Law. Because of the limited time in which the commission has had to review the information, Commissioner Keane suggested that any action on a resolution in support of Canterbury Downs position would not be prudent at this time. Mr. Keane suggested that this issue be carried over for action at our next meeting and that a representative from the racetrack be present to discuss the racetrack' s position. The Commissioners concurred with Mr. Keane' s suggestion. Star City Program Mr. Stock stated that the majority of the Star City application would be completed by the ICC' s next meeting. Final Star City application is tentatively planned on being submitted to the Minnesota Department of Energy and Economic Development on March 18, 1987. It is the hope of staff that Star City designation will be made in June of this year. Staff is hoping to coordinate the Star City designation with the Chamber News Day. Downtown Redevelopment Project Commissioner Keane gave the commission an update on the activities of the Downtown Committee. He explained that a public hearing on the project will be held on March 10, 1987 at 7: 00 p.m. in the Citizens State Bank meeting room. He requested all the commission members to be there and to speak in favor of the project. Discussion pursued on the political nature of the Downtown Redevelopment Project. Commissioner Keane then offered and moved for the approval of a resolution in support of the Downtown Redevelopment Project and requesting the City Council to support the Downtown Redevelopment Project as proposed by the Shakopee Downtown Committee. Motion was seconded by Commission Plekkenpol. Motion carried unanimously. Staff then gave a brief review of the upcoming City Hall Referendum and the two proposed sites for final city hall location. A brief report was then given on the work being done to hold a major winter festival in the City of Shakopee commencing in the winter of 1987/1988. Commissioners Keane/Plekkenpol moved to adjourn the meeting at 7:45 p.m. Motion carried unanimously. Barry A. Stock - Recording Secretary MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on February 2, 1987 at 4:30 P.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Kirchmeier, Cook and Kephart. Also Manager Van Hout, Liaison Wampach and Secretary Menden. Motion by Kephart, seconded by Cook that the minutes of the January 5, 1987 regular meeting be approved as kept. Motion carried. BILLS READ: City of Shakopee 20,032.00 Amsterdam Company 45.25 William A Anderson 75.00 Associated Mechanical Contractor, Inc. 157.24 A T and T 300.00 Auto Central Supply 87.09 Burmeister Electric Supply Co. 391.91 Carlson Hardware Co. 19.62 Champion Auto of Shakopee 31.10 Chanhassen Lawn and Sports 48.24 Chicago and Northwestern Transportation Co. 340.00 City of Shakopee 526.82 City of Shakopee 759.34 Citv of Shakopee 85.06 Davies Water Equipment Co. 106.49 Department of Natural Resources 450.00 Excel Office Products 126.51 Feed Rite Controls, Inc. 996.97 Glenwood-Inglewood 7.10 Graybar Electric Company, Inc. 42.50 H 5 C Electric Supply 563.69 Henningson, Durham and Richardson 457.02 Kress and Monroe Chartered Law Office 200.00 Lathrop Paint Supply Co. 12.90 Leef Bros. , Inc. 20.00 Ervin Missling 32.63 Metro Sales, Inc. 301.85 Minnesota Municipal Utilities Association 245.00 Minnesota Valley Testing Laboratories 13.60 Northern States Power Co. 280,667.42 Northern States Power Co. 736.50 Northern States Power Co. 332.32 PCB Disposal Systems, Inc. 914.55 Power Process Equipment, Inc. 45.50 Precision Laboratories, Inc. 100.65 Ranger Products 82.98 Reynolds Welding Supply Co. 3.41 Ries Heating and Sheet Metal 20.21 Schoell and Madson, Inc. 882.39 Shakopee Public Utilities Commission 195.51 Shakopee Services 22.00 Software Consultants, Inc. 500.00 Sao Line Railroad Company 93.75 Starks Cleaning Services 53.40 Suels Business Equipment 33.88 Ken Theis 80.62 Total Tool 116.54 Lou Van Bout 49.75 Voss Electric Supply Co. 57.96 Water Products Company 723.24 Wesco 157.00 Wild Iris, Inc. 25.00 Woodhill Business Products, Inc. 540.35 Ziegler Tire Service Co. 36.95 Dunning Hardware 7,72 Motion by Cook, seconded by Kephart that the bills be allowed and ordered paid. Motion carried. A letter from Scott County Human Services regarding placing a stuffer in the electric bills was acknowledged. Secretary Menden will respond to the request. Liaison Wampach updated the Commission as to the progress of the Downtown Ad Hoc Committee. A pay request for the Mechanical-Electrical construction for the water supply Well #7 from ACG, Inc. was presented. Motion by Kephart, seconded by Cook to allow payment to ACG, Inc. in the amount of $2,899.16 to allow for retaining a 58 contingency. Motion carried. A pay request for remodeling of Pumphouse #203 window and door construction to Ken's Steel Door Repair Service was presented. Motion by Cook, seconded by Kephart to allow for payment to Ken's Steel Door Repair Service in the amount of $15,557.39 for window and door repair on pumphouses #2 and #3 which allows for a 10% retainage. Motion carried. The Commission discussed a report prepared by Ken Ashfield, City Engineer regarding a watermain extension on Marschall Road. The report contains an estimated oversiring cost to be paid by the Shakopee Public Utilities Commission. Motion by Cook, seconded by Kephart to acknowledge the report on the feasibility study done on the watermain extension on Marschall Road and that the report be placed on file. Motion carried. Manager Van Hout presented some public relations material for radio and the newspaper. It was the concensus of the Commission to Put together an advertisement for the newspaper only at this time. Motion by Kephart, seconded by Kirchmeier to offer Resolution #315, A Resolution Designating Official Depositories of Shakopee Public Utilities Commission Funds. Ayes: Commissioners Kirchmeier, Cook and Kephart. Mayes: none. Resolution passed. Motion carried i A correspondence from John Anderson, City Administrator advising of the reappointment of Jim Kephart until 3/31/90 was acknowledged. Manager Van Bout reported on a meeting he attended with Secretary Menden regarding the computer package offered by the Power Manager program through the American Public Power Association. The Minnesota Municipal Utilities Association legislation roundup will be held on March 18, 1987 and Manager Van Bout will be attending. A draft of duties and job descriptions wasgiven-to-the-Commission. The Commission will peruse the job descriptions and will consider them at the next meeting. Term life insurance for all supervisory personnel will be increased an additional $50,000.00 for a total coverage of term life insurance of $70,000.00. There were no new plats for January, 1987. There were three fire calls for total man hours of 5 hours and 25 minutes for Januaury, 1987. Secretary reported that Eugene Pass is back to work. There was a total loss time of 15 days for December and January due to a previous knee injury. The regular meeting of the Shakopee Public Utilities Commission will be held on March 9, 1987 at 9:30 P.M in the Utilities meeting room. Motion by Kephart, seconded by Cook, that the meeting be adjourned. Motion carried. Barbara Menden, Commission Sbqretary l� Memo To: Sohn K. Anderson, City Administrator From: Marilyn M. Remer, Personnel Coordinator Re: Comparable Worth Appeal Process (Informational) Date: March 13, 1987 Introduction Comparable Worth was implemented with the adoption of the 1987 Pay Plan. An appeal/review procedure was also implemented to effectively process any forthcoming appeals. Back rground In order to process the comparable worth appeals as fairly and equitable as possible, staff has decided to amend the Appeals Procedure by adding Step 4, a review panel to be comprised of the Finance Director, the Community Development Director and the Community Services Program Supervisor. These three were selected to provide the versatility and objectivity needed to make reasonable and equitable recommendations. It was the consensus of staff that each has qualifications which will complement the others including knowledge of Comp Worth and compensation, overview, supervisory skills, municipal experience, new to organization, unbiased, a non-dept. head, and an employee outside of "city" operation. Attached is the amended Appeal Procedure and steps to be used in processing each appeal. In addition to the comp worth appeals received, there were several requests for job reclassification. In the past this has been handled along with budget requests at budget time. Staff has been directed to establish an official written policy for dealing with reclassification requests. The comparable worth hierarchy for TSP points will be used in determining whether employee's point results document the working at a higher classification. �l Appeal/Review Procedure for Comparable Worth Implementation of Pay Plan December 11, 1986 Revised February 27, 1987 Appeals under paragraph A or B below must be filed by December 31, 1986. Appeals must be filed with Personnel who will initiate the review process. A. Those employees whose points are based on a composite Time Spent Profile (i.e. Police Officer, Sergeant, LEO, HEO and Parkkeeper) may appeal based on the premise that their individual TSP and job does not fit the composite and their job is significantly defferent to be classified differently. 1. The individuals original TSP will be reviewed by the employee for accuracy. 2. The Supervisor will review the TSP and make a recommendation to the City Administrator. 3. Personnel and the City Administrator will review the TSP and determine whether to reprocess the TSP or keep the current classification. 4. Final step under this procedure shall be a review by the Finance Director, Community Development Director and the Community Services Program Supervisor. B. Employees not in the above category who have not revised their original TSP will be reviewed in accordance with the above steps if an error or potential error can be substantiated. C. A new employee may appeal on the basis that the job changed when they werre hired or it is a new position and the classification assigned to them is not accurate. D. Those employees who have revised their original TSP and id not appeal the final points in accordance with Comparable Worth Appeal procedure of December 1985, may not appeal their TSP unless they can substantiate in writing significant changes in their job since the revision. �f COMPARABLE WORTH APPEAL PROCEDURE STEPS 1. The individuals original TSP (Time Spent Profile) reviewed by the employee for accuracy. I have reviewed my original TSP, the Job Composite and Benchmark where applicable and agree the points assigned are reasonable and equitable. Therefore, I do not wish to continue the appeal. I request further processing of my Comparable Worth Appeal based on the reasons cited below: Employee Comments: Employee Signature Date of Review 2. The Supervisor's review of TSP Supervisor Signature Date of Review Supervisor Recommendation: • rl r Comparable Worth Appeals Page 2 3. Personnel Coordinator & City Administrator review of TSP, suggested revisions, market data, classifications, etc. Revised TSP is to be re-processed. Recommend keeping the current classification. Personnel Coordinator Signature Date of Review City Administrator Signature Date of Review Comments: 4. Review Panel consisting of Finance Director, Community Development Director and Comm. Services Program Supervisor. Deny Comparable Worth Appeal for following reasons: Recommend modifying the 1987 Pay Plan based on changes to the Comparable Worth schedule as follows: TENTATIVE AGENDA ADJ.REG.SESSION SHAKOPEE, MINNESOTA MARCH 17, 1987 Mayor Reinke presiding 1] Roll Call at 7:00 P.M. 2] Recess for H.R.A. Meeting 3] Re-convene 41 Liaison Reports from Councilmembers 51 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6] 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. ) *71 Approval of Minutes of February 24, 1987 81 Communications: (Items noted for consent will be received and filed) *a] Christy A. Hohman-Caine, Mn. State Archaeologist re: Chamber Office/Convention Bureau office in Memorial Park *b] Daniel L. Barber re: interest in serving on Industrial Commercial Commission *c] kopee Chamber of Commerce re: downtown streetscape 1project W✓ hR�ewnxek�-- 5 Y 9] Public earings: None O 00 101 Boards and Commissions: Industrial Commercial Commission: *a] Shakopee ICC Open House Planning Commission: b] Hauer' s 4th Addition - Preliminary Plat Approval - A tract of land lying North of 13th Avenue, South of CR-16 and East of Hauer' s 1st Addition c] Alignment of 13th Avenue from CR-16 to CR-15 113 Reports from Staff: [Council will take a 10 minute break around 9:00] a] Disposition of Second Petition Withdrawing Names from Original Downtown Feasibility Study Petition b] Downtown Streetscape Project 1987-2 - Res. No. 2702 Ordering Project *c] Extension of Tahpah Park Parking Lot TENTATIVE AGENDA March 17, 1987 Page -2- 11] Reports from Staff continued: d] Save O 'Dowd Lakes Chain Association *e] Appointment of Acting City Clerk - D� f] 13th Avenue Right-Of-Way Acquisition - East of CR-89 g] Prior Lake Outlet Channel h] 1987 Fire Service Agreement i] Upper. Valley Drainage Project - Consultant Services Agreement j] Change Order No. 4 - Holmes Street Laterals, Project 1986-1 *k] Purchase of Local Area Network *1] Purchase of Traffic Counters m] Approval of Bills in Amount of $177,629.56 n] 13th Avenue Improvements from CR-89 to Easterly City Limits 86-9 121 Resolutions and Ordinances: a] Res. No. 2700, Accepting Work on K-Mart Grading HRA 79-01 *b] Res. No. 2701, Accepting Work on 1986-8 Pavement Preservation *c] Res. No. 2703, Ordering A Report on 13th Ave. Improvements from CR-16 to CR-17 *d] Res. No. 2704, Accepting Bid on Valley Park Drive North Improvements 1986-11 e] Res. No. 2705, Accepting Work on TH-101 Improvements 1984-8 *f] Res. No. 2706, Accepting Work on 1984 Curb, Gutter and Sidewalk Improvements 1984-2 *g] Res. No. 2699, Authorizing the Granting of a License to Encroach on a Public Street Under Certain Conditions *h] Res. No. 2707, Amending 1987 Budget 131 Other Business: a] Mailingg o?�f Delinquent Utility Bills b] CLtXu,n Q1!i+ 141 Recess for Executive Session: a] Labor Negotiations b] Right-Of-Way Litigation for Valley Park Drive North 15] Re-convene 16] Adjourn Sohn K. Anderson City Administrator TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Special Meeting March 17, 1987 Chairperson Leroux presiding 1. Roll Call at 7:00 P.M. 2. Accept Special Call 3. Approval of Minutes of March 3 , 1987 4. Wiley-Arkell Housing Proposal 5. Other Business 6. Adjourn Dennis R. Kraft Executive Director Il PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY SPECIAL SESSION SHAKOPEE, MINNESOTA MARCH 3, 1987 Chairman Leroux called the meeting to order at 7:03 p.m. with Comm. Lebens, Vierling and Clay present. Comm. Wampach was absent. Also present were John K. Anderson, City Administrator; Dennis Kraft, Executive Director; Kenneth Ashfled, City Engineer; Judith S. Cox, City Clerk; and Julius A. Collar II, City Attorney. Clay/Vierling moved to accept the Special Call of the HRA. Motion carried unanimously. The Executive Director reviewed the Wiley/Arkell Housing Proposal which would consist of a two-phase moderate income housing project for persons age 55 and older. The housing project will be located on the south side of County Roads 16 and 17. The property is currently zoned R-4 residential. The developer is requesting that the City authorize the issuance of housing revenue bonds for a period of 25 years, the bonds will bear the name of the City but the City will have no obligation for payment of the bonds. They are also requesting economic intervention on the part of the City in terms of providing tax increment to rite down the effective interest rate of the bonds. Comm. Vierling expressed a concern over using tax increment money for a housing proposal. Michael Wiley, President of M. R. Wiley and Associates, said the housing proposal is for people 55 and older who wish to rent. They will be proposing 68 units for the first phase and 68 for the second phase. There would be no income guidelines and maintenance would be included in the rent. A one bedroom would rent for $385 and a two bedroom would rent for $465• The community will be called "The Cottages". Comm. Vierling asked how far the curb cuts would be from the intersection. Chrm. Leroux asked the Community Development Director how it would impact other housing projects if tax increment financing were used. He replied that he is unaware of any other projects like this. Comm. Lebens said that she is against the use of tax increment financing. Comm. Clay would like to see more numbers brought back for consideration. Chrm. Leroux said he is not favorable towards using tax increment financing for housing but he did support the high rise and realizes the need for this type of housing in the City. He said he would like some more information brought back to the Council. Clay/Lebens moved to adjourn. Motion carried unanimously. Meeting adjourned at 7:45 P. Dennis Kraft Executive Director Carol L. Schultz Recording Secretary q MEMO TO: Shakopee Housing and Redevelopment Authority (HRA) FROM: Dennis R. Kraft,. Executive Director RE: Wiley-Arkell Housing Proposal (The Cottages of Shakopee) DATE: March 13, 1987 Introduction• At the March 3, 1987 HRA meeting Mr. Michael Wiley presented a proposal for constructing housing for persons 55 years of age and older. At that meeting the HRA took no action but did raise several questions about the project. This letter responds to those questions and also includes a written response from Mr. Wiley. Background: The developer is seeking approval for the issuance of Housing Revenue Bonds and for the use of tax-increment financing as a means of effectively reducing the interest rate on the housing revenue bonds for a period of 10 years. In so reducing the interest rate it is the developers position that this housing could be available to persons of low and moderate income. (The HRA letter of Feb. 26, 1987 provides more detail about the specific aspects of the developers proposal. ) Subsequent to the meeting of March 3 , 1987 Mr. Wiley has submitted answers to the questions asked at the meeting and has also submitted to financial proforma statements which relate to the cost of construction and operation of the housing proposal. The two proformas submitted provide for analysis of both a 2% subsidy for the housing revenue bonds and for a 1% subsidy. As proposed by the developer, the increment received each year from the project would be used for the purpose of paying part of the debt service on the housing revenue bonds and would have the effect of reducing the interest rate either 1% or 2%. The proforma which assumes a 2% subsidy for interest reduction purposes indicates a total anticipated cash flow of $21,000 per year for the first five years or an average ten year positive cash flow of $38,726. The second proforma assumes only a 1% reduction in the interest rate for the housing revenue bonds. Under this scenario there would be a negative cash flow of $34,324 for the first five years of the project and a annual positive cash flow of $14,795 for the first ten years of the project. These proformas indicate that without financial assistance the project would have a negative cash flow for at least the first ten years of operation. The second major concern raised at the HRA meeting on March 3rd related to the question of how the "more wealthy" elderly could be prevented from occupying the project. The developers proposal to meet this concern would be to have a clause in the development agreement which would specifically address the income levels of project area residents. It would be the developers intention to allow at least 208 of the units to be rented to persons with incomes which did not exceed 608 of the medium income of the community or to reserve at least 408 of the units for persons who annual income did not exceed 808 of the medium income of the community. A sample of the stipulation on income which could be included in the development agreement is found on page two of Mr. Wiley' s letter along with additional commentary on this subject. Alternatives• 1. Endorse the concept of "the Cottages of Shakopee" housing project and authorize the staff to enter into the necessary agreements with O'Connor and Hannan and with Springsted and Associates and to negotiate with the developer on the establishment of a mechanism for the payment of various up front legal and administrative costs. 2. Indicate that the HRA does not support the project submitted by the developer. Requested Action: j Move to endorse the concept of "the Cottages of Shakopee" housing project and authorize the staff to enter into the necessary agreements with O'Connor and Hannan and with Springsted and Associates and to negotiate with the developer on the establishment of a mechanism for the payment of various upfront legal and administrative costs. If. the concept is endorsed by the HRA it is then recommended that the HRA request that the Shakopee Planning Commission review the wording of Section 11. 05, Subd. 3 E.4. and to make a recommendation back to the City Council on the purpose of this section as it relates to whether the parking requirements for elderly housing projects apply to only high rise projects or apply to all elderly housing projects. M.R. WILEY & ASSOCIATES, INC. 5001 Chowen Avenue South Minneapolis, MN 55410 March 12, 1987 (612)920-1523. _ To Shakopee HRA Members: - - - - - Thank you for allowing us to present our seniors housing community to you at the March 3, 1967 meeting of the HRA. At that meeting, a few questions arose that I would like to address. - . Question #1:. . "Why do the developers need an Interest Reduction Program to construct the Cottages Elderly Community?" -- - — Our community is very unique in that is specially designed forepersons 55 years and older. Our community is designed to fill a transition between - the individual high-rise seniors low-income housing and homeownership_ The,. units-provide. first floor, one level. living for seniors- who wish a -- more care-free,. respectable lifestyle.z Our. community includes private ' courtyards, patios and garden areas, and on-site supervision. All mainten- ance is included in our rental fees. This specially designed,- single-story - clusterhousing does cost more to construct than a multi-story apartment--- . complex. - - I have provided Mr. Dennis Kraft two copies of our proposed pro-forma for his review. The first pro-forma is based on a $3,000,000 Housing Revenue Bond at an Interest Rate of 28 with a 10 years Interest Reduction by 2%. As reflected on our pro-forma, we project the community will have a total cash flow of under $21,000 per year for the first five years, or an average ten years cash flow of $38,726.00. - _- The second pro-forma is based on the same considerations utilizing a- 18 ' Interest Reduction Program. This pro-forma reflects a negative cash flow - -- - of $34,324 in the first five years, with an overall cash flow generated by the community of $14,795 per year. - We cannot profitably construct this project in Shakopee without the Interest Reduction Program. It must be noted that the near surface limestone in _ the site we have purchased has increased our cost to construct an estimated J. $200,000 over another..site. This hardship in construction costs is due - to the $100 per foot cost to blast through this limestone and install.. utili- ties._. _. _. .. Question #2: "How can we prevent financially secure Shakopee elderly who can afford a higher rent from occupying the Cottage Community?" _ Our Cottages of Shakopee are desigend to provide housing to the communities low to middle income seniors who do not qualify or will now accept government subsidies. Our primary market and community is designed for the limited - : income elderly who are presently occupying- a home that they can no longer - - _ maintain. We provide an energy efficient,. maintenance-free environment .- . - to these seniors. _ _ . . . . . March 12, 1987 - - Shakopee HRA Members _._ . Page 2 - In the use of Housing Revenue Bonds, we are required to rent at least 208 of the units to seniors who have 608 of the medium income for the community -_- -.: or.408 of the units toseniorswith 808 of the medium income.- The medium - --- - - - ... income in Scott County is approximately $20,000 for a single person. In this case we would try to lease at least 408 of our community to persons _....._...— with annual incomes under-$16,900 and (single) and .$19,000 for a couple. -- - - -- In addition, as part of the formal developers agreement we will sign with - -- the City of Shakopee, we should be able to structure an agreement toarrange "- -'-" alease program designed for single seniors that have annualincomes below .- _,- $16,900 elow$16,900 per year. I have included a possible phase which could be incorporated in the develop- , ment agreement_—° The-city and-development's attorney will need to arrange this agreement in legal_ fozm._'_.This-phase would be as follows: - "The developers hereby agree to provide housing in the Cottages of Shakopee . —_:;=---� tothe- lower and moderate income persons of Shakopee over theageof 54 - " years. The developers agree to identify single persons over the age of 54 years with annual incomes below $16,900 or married couples with income below $19,000 per years and give these persons preferred treatment in the leasing of the cottages. The developers agree to Work with the staff and Director of the HRA for the City of Shakopee in the identification and ... moderating the income levels of the seniors leasing in our community. The developers agree to try to achieve that Y08 of the units will be leased to seniors with these income levels. The developers agree to further direct the leasing staff to Work with the Shakopee senior community to identify - - these persons and give these seniors.preferred treatment_" Should you have any questions or require further clarification, please feel - - free to call our office. - Sincerely, - M.R. WILEY & ASSOCIATES - .. Michael R. Wiley ... _ ..- President - MRWlrca - _ S-yi'C?:., .= '•':f3'�.;?i 24, 1987 Tice Chairman Leroux called the meeting to order at 7:00 p.m. with ;ncl. ;;lay, 7ierling, Lebens, and Wampach present. payor Reinke arrived at 7:05 p.m. 'Iso present were John K. Anderson, City Administrator; F,enneth Ashfeld, ^.ity Engineer; and Julius A. Coller 11, City :Attorney. the City I,ngineer reviewed the proposed storm drainage improvements within the Upper `Dalley Drainage Basin. He said there has been a report completed on the project by the City's Civil Consultant firm, IT:. Tie funding for the storm sewer projects are set up on utility basis. There are three levels of fhnding, the larger portion is and is called a city wide benefit charge; the second level of financing is a 25;6 special user fee; the third level is a 25q;; city wide benefit as a =F. The three methods of handling the water are: open drainage way; piping it out; and pipes and open channel. He said that swale with pipe would be the most economically feasible fortheCity. He reviewed the charges per quarter for single family as well as commercial, industrial. Incl. Gerling asked if the cost estimates included Jackson Township. The City Engineer replied that in the 3.6 million estimate it is included all the way to county mad 15, the estimate to bring it to county road 79 would be 3.0 million. Mayor Reinke asked if there was anyone from the audience who wished to address this issue. A question was asked if there was one building on a 10 acre parcel if that parcel would be considered developed. The City Engineer replied that it would be considered developed and would therefore be charged. A question was asked about how many years the user benefit fee would be in effect. The City Engineer replied that it would be in effect for 10 years. The City Engineer said he has talked to several of the property owners involved in R-O-W acquisition. He said they would like to have an appraiser come in and review the cost of the different routes and their effectiveness. A question was asked on how wide the open ditch would be. The City ^ngineer replied between. 74 and 64 feet wide, how deep it is would vary on what the drainage would be. Discussion ensued on the elevation around this proposed drainage way. 'Ir. Lenzmier had a concern over a 74 foot open ditch gore through his land, it was discussed that property owners may have the option of piping the part 'thrmngh their land and their own cost. Sandy nckerberg, developer of the apartment building complex on County Road 17 south of high school, said the area does appear to have some drainage problems and he would like to encourage council to consider this plan in a positive way. Gary Sauer asked the City 5ingineer which way the water was flowing. ^_he City Engineer replied that it is going to the northwest after crossing County Road 16. Clete Link asked if the City was going to purchase all the land involved for the drainage- way? The City Fhgineer said there are several different options, one would be through the platting processand another would be to purchase it and recoup the cost when the property developes. Ray Peterson asked what the life span would be on this system- The City Engineer replied that typically it would be 100 years or more. Clete Link had a concern over the liability involved if someone were to drown in an open trench. City Cow:eil..__ February 24, 198' Page -2- Larry Frank, developer of Roberts Pit area, reviewed what they were proposing to do with the drainage way going through their development. He said they are planning for the swale in their plans. Tim Keane, Canterbury Downs, asked if this plan would be approved by th6 joint powers agreement. The City Engineer said that plans were sent to the Lower Minnesota Watershed District and they are in the process of reviewing this plan now, and the Shakopee WMO would review them unofficially. George Muenchow, Director of Community Services in Shakopee spoke on behalf of linear trails to be built along the drainageway, and the great asset it will be to the community. Jim Stillman, said he likes the idea of a storm pipe under the area to keep it as dry as possible. Cncl. Lebens asked about the easement in the green line (direct route through the Lenzmier) and if the owners charged the City for it would it amountto the same as putting it in the blue line (along the perimeter of the Lenzmier property) . The City Engineer said that comparison would be made. Terry Lundy, corner of 10th and Apgar,- _asked if there would be any other assessments assessed him. The City Engineer said there would be no other assessments on him. Mayor Reinke asked if there was anyone else from the audience who wished to address this issue. There was no response. Cncl. Leroux raised a question as to how the ordinance on calendar parking could be shortened on the front end or back end for as much as 30 days. Consensus of Council was to let the street superintendent research this issue and come back to Council with findings. Leroux/Clay moved to have street superintendent research calendar parking and write a memo to include possible modifications to the ordinance to allow flex- ability and how it can be handled. Motion carried with Cncl. Wampach opposed. The City Attorney said that Gary Harris, Suburban Engineering, submitted a bill for $1,104.00 and their original quotation was for $600.00. They then came back with a $1,104.00 credit and a new bill for $700.00. Leroux/Lebens moved to accept the credit for $1,104.00 and the new bill for $700.00 from Suburban Engineering. (Survey and HIS on property in Block 29, Shakopee City) Roll Call: Ayes: Unanimous Noes: None Motion carried. Vierling/Lebens moved to direct staff to obtain appraised easement costs and to pursue the most cost effective routing for drainage improvements through the Lenzmeier and Scherber properties. Motion carried unanimously. Leroux/Lebens moved to order plans and specifications for the Upper Valley Basin project from the Mill Pond to County Road 79 as recommended in the "Upper Valley Drainageway and Outfall Study" at an estimated cost of $3.0 million, with the stipulation that the portion north of County Road 16 will not be under plans and specifications until such time as this body decides on alignment. Motion carried unanimously. City 7cancil _+ 7ebrur j 24, '957 Page —3— 7ierlingt Ampach Offered _;esclution 1o. 2693, k Resolution .Requesting Support for :ending of resign of the Bloomington ^erry Fridge from the i:innesota Congressional Delegation and moved its adcption. Roll Call: Ayes: -Acl. idampach, Vierling, Clay, leraux and :':a:yor Reinke idoes: Cnel. '_.ebens ➢;otion carried. Fierlingt',;'ampsch offered Resoluticn No. 2694, A Resolution Requesting Support for }`ending of Design of the Bloomington li'erry Bridge from the Rouse and Senate Conferees on the Surface lra:nsportation Act and moved its adoption. Rall Call: ,yes: Cncl. `.'cmpach, ?ierling, ..nlsY, Leroux and Mayor Reinke Uses: Cool. Lebens 170tion carried. Lebens/,eroux moved to adjourn. Yotion carried unanimously. -eeting adjourned at 9:15 p.m. Judith S. Cox City Clerk Carol L. Schultz Recording Secretary i W IL LV m /+ �F\CE OF Ty ? ^ Q (o726rrz7` METRO OFFICE W .-t OUTSTATEOFFICE DR. Atett.RBARA O'CONNELL .Salo Arc asolo,lon y Minnesota h W O DR.0 StatSArcO�WistHam NE St.Paull'Mi nesotane ' litl Stary' Hackensack,M nnesota55052 512-222-7805 O 5 '1'QCHAEO V z,e-sez-z,10 March 8, 1987 Shakopee City Council City of Shakopee Shakopee, MN 55379 Dear Council Members: I have been informed that the City of Shakopee is planning to build a new convention bureau in Shakopee City park, north of the business district. This area contains a cemetery and a prehis- toric village site (#21-SC 2/22) . The cemetery is protected from disturbance by MN ST 307 . 08 . Policy of the State Archaeologist's Office and the Indian Affairs Council calls for a minimum 50-foot buffer around the outer edge of the cemetery. Activity which might affect archaeological sites on state or state sub-division land is governed by MN ST 138.31-138.42. In particular, 138.40, subd. 3 requires the submission of develop- ment plans for review and recommendations. We would like to assist you early in your planning for this proposed project. First, the exact locations of the 28 burial areas in the park should be marked on the ground before addi- tional work is invested by the City in exact site selection. Second, information needs to be gathered about the nature and im- portance of the buried archaeological deposits of the village site. Third, it would be appropriate to re-evaluate the current use of the park, as the present placement of firegrates, etc. on the top of graves appears to be contrary to the legislative in- tent of MN ST 307.08. This office would be happy to assist you in developing ap- propriate management for this cemetery and archaeological site which will conform to state law. If you will send us any maps which are available for the park, we will begin by conducting a field review of the property, remapping the burial areas for you, and making recommendations regarding the location of your project. If you have any questions about these procedures, please do not hesitate to contact me at 218-682-2110 or Earl Sargent of the In- dian Affairs Council at 218-755-3825. Sincerely yours, .. .'�.-V...�.� —� hman- sine Minnesota State Archaeologist cc: Indian Affairs Council Scottland Companies Minnesota Historical Society Prior Lake Sioux Community Action Requested Direct the appropriate City staff to meet with representatives of the Office of the State Archaeologist regarding the placement of a new Chamber Office/Convention Bureau office in Memorial Park. � b Daniel L. Barber 536 8th Ave. E. Shakopee, MN 55379 Shakopee City Council Shakopee City Hall, 129 1st. Ave. East, Shakopee, MN 55379 To whom it may concern: It has come to my attention that there are current vacancies on the Shakopee Industrial/Commercial Commission. I would like to be considered as a candidate to serve on this commission. My family and I have been residents of Shakopee for almost four years and expect to remain here for many more. As a home owner and father of three elementary aged children, I am very interested in the future of the city of Shakopee and would like to become more actively involved in determining that future. I have been employed as a Product Manager with Northern Telecom Inc. in Minnetonka for the past four years and have worked in the telecommunications industry for twelve years. I believe it is important for the city of Shakopee to promote controlled and diversified industrial growth to ensure the economic stability of our community in the coming years. We need to attract the types of industries which will permit a larger percentage of our citizens to not only live, but also work, within our city. Thank you for your consideration and I look forward to hearing from you. Sin a ely` Daniel L. Barber RECEIVED MAR 101987 CITY OF 8�. P�Cie:% (�7Za�.r7f ,,p 1�19a1 R E S O L U T I O N Of Shakopee Chamber of Commerce Shakopee Downtown Development WHEREAS, the Shakopee Chamber of Commerce is actively involved in the economic and business community of the City of Shakopee promoting the betterment of the community; and WHEREAS, the Shakopee Chamber of Commerce has historically participated and supported the downtown redevelopment efforts of the City of Shakopee; and WHEREAS, the City of Shakopee central business district has historically been the economic and social focus of the City of Shakopee; and WHEREAS, the City of Shakopee has historically and should continue to support the vitality of the Shakopee central business district. NOW THEREFORE, be it resolved that the Shakopee Chamber of Commerce does hereby endorse and support all efforts to promote and encourage the development and redevelopment of the Shakopee downtown; and NOW THEREFORE, be it further resolved that the Shakopee �� Chamber of Commerce does support and encourage the Downtown City of Shakopee streetscape and improvement plan. UNANIMOUSLY ADOPTED this 11th day of February, 1987 . Shakopee Chamber of Commerce Board of Direct rs i nea Stromberg-Wise, its DJPre sident 1&il14y__ W. Adair Muralt, its Executive-Secretary. 5800 85th AVENUE NORTH/ BROOKLYN PAHK.MN. 55443/612-424-8000 I'LL MAR 16 1987 iPA TY 7 ROOKLYN CITY OF SHAKOPEE February 23, 1987 RK Honorable Rudy Perpich . State of Minnesota Office of the Governor St. Paul, MN 55155 Dear Rudy: We ask that you not support or recommend specific Minnesota highway projects under the federal demonstration projects program. According to former Highway Commissioner Richard Braun, Minnesota is a "guaranteed loser" in demonstration project funding. All highway demonstration projects reduce the total money available from the federal Highway Trust Fund. Because of its limited needs compared to other more popular states, Minnesota is at a disadvantage in competing for special project funding. In addition, the current Federal Highway/Transit Reauthorization Bill in House Senate Conference Committee proposes to fund all demonstration projects from the state's regular Highway Trust Fund apportionment. we feel funding demonstration projects in this manner create bad public policy by setting an odious precedent. Our feelings are shared by our 19 neighboring cities of the Northern Mayors' Association. Using the state' s Highway Trust Fund apportionment for demonstration projects allows certain communities to end run the metropolitan and state transportation planning process. If this happens, local judgment and process will be substituted by a fickle Washington procedure. Cities, therefore, will go direct to their Congressmen or Senators displacing sound plannin5 process with a political one. We have written to members of the state' s Congressional Delegation seeking their support on this issue. The consequences of the House Senate Conference proposal could alter all future state transportation planning. N=- Sincerely, ORIGINAL COPIES TO... Senator Dave Durenberger Senator Rudy Boschwitz U.S_ Representative Gerry Sikor i CARBON COPIES 7U aures J. Krautkremer Representative Bill Schreiber ayor Senator William Luther �/mrh Tad Jude Representative Linda Scheid Highway Camnissioner Len Levin MEMO TO: John K. Anderson, City Administrator w"� I FROM: Barry A. Stock, Administrative Assistant RE: Shakopee Industrial Commercial Commission (ICC) Open House DATE: March 13, 1987 Introduction• On March 11, 1987 the Shakopee ICC approved the concept of having an open house to inform the Shakopee residents of the many activities of the various City Commissions and civic organizations in the community. The Commission is requesting Council support for this concept. Background: Every two years the ICC coordinates an activity which is meant to promote economic development in Shakopee. In 1987, the Shakopee ICC is planning on having two separate activities. The Commission believes that before the City of Shakopee can sell itself to potential developers, it must be able to sell itself to the residents of Shakopee. In order to do this, the ICC is planning on having an open house. The purpose of the open house is to allow residents of Shakopee the opportunity to speak on a one to one basis with representatives of all the City Commissions and local civic organizations. For example, if a local resident has a question or complaint about the traffic problems in Shakopee, they could relay their concern to the appropriate Commission. In this case one possible Commission for this resident to speak to would be the Scott County Transportation Coalition. This event will allow residents to have their questions answered. A listing of the organizations that are being requested to participate in this event is shown in attachment #1. In an effort to have a good turn out for this event, the ICC will be ' holding their open house at the Shakopee Racetrack on April 18, 1987 from 11: 00 AM to 2:00 PM. On this date, the racetrack will be holding their annual trial run. The racetrack will also be sponsoring an Easter egg hunt for the younger children. The ICC believes that when these three things are combined, a fair number of people will attend the event. This year the racetrack intends to advertise the trial run only within Scott County. The ICC will also be marketing this event extensively within the City of Shakopee. The 1987 ICC budget contains 84,700 for this type of activity. The cost for the open house will not exceed $2,000. The second event that is being planned is a joint effort between the ICC and the Shakopee Chamber of Commerce. On June 12, 1987 the Chamber of Commerce will be hosting a media day in Shakopee. The purpose of this event will be to invite media people from throughout Minnesota and the Upper Midwest to Shakopee to see first hand the entertainment and industrial opportunities that Shakopee has to offer. The ICC's portion of the cost for this event is not expected to exceed $2,000. The ICC is planning on having a meeting on March 18, 1987 at 5:00 PM to finalize the specifics of the open house. If any Council member wishes to assist in the planning of this event or would like additional information on the activities being planned, you are most welcome to attend this meeting. If the Council is in agreement with the open house concept, staff would recommend that they move to support the ICC' s efforts in this endeavor. Alternatives: 1. Move to support the ICC in their efforts to plan and hold an open house. 2. Do not support the ICC in their effort to plan an open house. 3 . Table action on this issue pending further information from staff. Staff Recommendation: Staff recommends alternative #1. Action Requested: Move to support the ICC in their efforts to plan and hold an open house for the City of Shakopee. Shakopee Public Utilities Bob Schmitz Lou Vqn Hout - The State Capitol I 1030 E: 4th Room 235 ! Q� Shakopee, MN 55379 St. Paul Mn 55155 Attachment #1 Shakopee school Dist. Becky Kelso Dr. Gayden Carruth MN House of Representatives 505 5 Holmes State Office Building Shakopee, MN 55379 St. Paul, MN 55155 Shakopee Chamber of Commerce 12% E. 1st Avenue Shakopee, mN 55379 Attn: Darlene Schesso Scott County 428 S Holmes Shakopee, Mn 55379 Attn: Joe Ries Planning Commission Jane VanMaldeghem 1225 Limestone Drive Shakopee, mN 55379 Downtown Ad Hoc Commission Gary Laurent 118 S Fuller - Shakopee, MN 55379 Cable Communications Bil Anderson 1066 Van Buren Shakopee, MN 55379 Energy & Transportation Robert Ziegler 1077 Merrifield '. Shakopee, MN 55379 Community Services �i Georg Muenchow 1464 Blue Heron Trail Shakopee, MN 55379 Shakopee Comm. Access Corp. Bob Ziegler 1077 Merrifield Shakopee, MN 55379 Scott County Trans. Coalition P.O. box 153 Shakopee, MN 55379 MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Preliminary Plat for Hauer' s 4th Addition DATE: March 13, 1987 Introduction• At it's March 5, 1987 meeting the Shakopee Planning Commission approved a motion to recommend to the City Council preliminary plat approval of Hauer' s 4th Addition subject to conditions. Background• Hauer' s 4th Addition is adjacent to Hauer's 3rd Addition near County Road #16 in East Shakopee. The area proposed for subdivision consists of 40 acres. It is zoned R-2. The Developer is proposing 91 lots. Also attached is a letter requesting use of State Aid Funds for construction of the East 900 feet of 13th Avenue to be dedicated as part of this plat. Because the letter was received after the Planning Commission meeting no action regarding use of State Aid for this project was taken by the Planning Commission. Recommended Conditions: The Planning Commission recommends approval of the preliminary plat of Hauers 4th Addition with the following conditions: 1. Unneeded streets and easements must be vacated. 2. The developer must acquire all land to be dedicated as 13th Avenue or have the other property owner sign the plat. 3. Street accesses within the plat onto 13th Avenue should be limited to three. No driveways may access directly onto 13th Avenue. 4. Payment in lieu of land dedication for park purposes will be required. '6 5. A sidewalk alogg 13th Avenue will be required. 6. Execution of a developers agreement for construction of required improvements: A. Street lighting to be installed in accordance with the requirements of the SPUC Manager. B. Water system to be installed in accordance with the requirements of the SPUC Manager. C. Sanitary sewer and storm sewer to be installed in accordance with the requirements of the design criteria and standard specifications of the City of Shakopee. D. Local streets and street signs within the plat shall be constructed in accordance with the requirements of the design criteria and standard specifications of the City of Shakopee, except 13th Avenue. E. The Developer agrees to reimburse the City for costs on 13th Avenue equivalent to the costs of a normal 36 ' residential street. Cost sharing to be determined by the City Engineer. 7. Approval of a title opinion by the. City Attorney. 8. The developer must submit a drainage plan approved by the City Engineer. 9. Lot 1 & 2, Block 2 shall be designed to allow access on to Onyx Drive from the west, if required by adjacent property owners. 10. The developer shall provide a recordable agreement stating that not more than 108 of the plat will be developed into twin homes. Staff Recommendation: The staff is not opposed to the use of State Aid for the East 900 ' of 13th Ave. The staff, therefore recommends approval of the preliminary plat for Hauer' s 4th Addition with the conditions recommended by the Planning Commission, except for an amendment to the wording of condition 6 E. to read: "The Developer agrees to reimburse the City for costs of a normal 36 ' residential street from the western edge of the plat to a point 900 ' west of the intersection between Co. Rd. #16 and 13th Ave. Cost sharing to be determined by City Engineer. " Action Requested: Offer and approve a motion to grant preliminary plat approval of Hauer's 4th Addition, subject to conditions recommended by the Planning Commission and, if the Council agrees, with staff ' s recommended amendment to condition 6E. WILLIAM R. ENGELHARDT ASSOCIATES, INC. / 1107 HAZELTINE BOULEVARD CHASKA, MINNESOTA 55318 18121 44B-8838 March 12, 1987 City of Shakopee c/o Mr. Douglas Wise 129 First Avenue East Shakopee, MN 55379 RE: Hauer ' s 4th Addition 6 13th Avenue Honorable Mayor and City Council Members, We are writing this letter on behalf of B d D Development Corporation, the developers of Hauer' s 4th Addition. The preliminary plat for Hauer ' s 4th Addition has been prepared showing the location of proposed 13th Avenue adjacent to the proposed addition and connected to County Road 16. The location of 13th Avenue has been shown on the plat to conform with the City' s requests for alignment of the roadway. The portion of roadway from County Road 16 to a point approxi- mately 900 feet West has steep grades and physical constraints in the form of an existing house on the West and a gas line on the East. Due to these constraints the cost for this 900 foot section of roadway will be above and beyond typical construction cost for the balance of 13th Avenue. 13th Avenue is not adjacent to Hauer ' s 4th Addition within this 900 foot section of roadway. We are requesting on behalf of the developers of Hauer' s 4th Addition that the City consider utilizing State Aid Funds to construct this 900 foot section of 13th Avenue and that 13th Avenue within this 900 foot section be constructed totally with City funds. We feel the justification for your consideration of this method of financing is that the developer is willing to participate in the cost of the 13th Avenue adjacent to their property, but this section of roadway benefits additional land owners and the whole area of Shakopee to the West . In addition, the cost for construction as mentioned earlier will be above and beyond the typical roadway costs for 13th Avenue where street grades and physical constraints exist. During our review of 13th Avenue we have prepared a typical section detail for the portion of roadway where construction is difficult . The detail prepared preserves as many trees as possible and is designed to keep the construction costs down. We are forwarding this detail along with this letter for your information. Very truly yours, WILLIAM R. ENGELHARDT ASSOCIATES, INC. R c7� William R. Engelhardt WRE: jek Enclosures h , -arc^ 7r _SSI 777_-_ =7-3 Sit cna'_ - Per--- 4"", - '-,r-iers 4za;aj Schmitt moved to open the public hearing to consider an application for a ^.omlitional Use Perm-it to operate a track maintenance garaZe upon ane property, located aL _p49 lath Av=nue -ast. .action carried unanimou='y. ITce ':ity Planner said t',_ __ is zoned 7 _heli will use an existinL buil3mg of 44 x 100 feet zrs:-add an addition „` 62 x 100 feet. is corpatible with zurrr=.di_g land uses in the area. Comm. Schmitt asked the City Administrator if anything had been done on that unimproved road. Tne , ity Administrator replied nothing is contc.:rlated at this time ^z=. Sch_tt said that the applicant should comply with the landscaping requirements prior to obtaininghis occupancy permit. Chairwoman Van!-9aldeghem asked if there was anyone from audience who wished to address this issue. Mere was no response. Schmitt ^,zaja moved to close the public hearing. Motion carried unanimously. Schmitt/Rockne moved to grant Conditional Use Per...i.t ..o. 483, subject to the following Condition; 1. The well and septic system: must be inspected by the City Building inspector and meet City Code. 6iotion carried unanimously. aauer's 4th _3°ition, 'S E. D neveloomer: Czaja/Ponerenke moved to open the public hearing to consider the preliminary plat of 3auer'S 4th Addition lying on the property located north of 13 wh Avenue, South of County Road 16 and mast of iauer's lot Addition. :lotion carried unanimcusly. I The City •Planuer reviewed the applicaTnt%s ree_uest for a tu=ned sub- division consisting c' 40 acres and is zoned F.-2. The de:-eloper is proposing 91 lots. There is an additional condition of re.:uiring a developers agreement stipulating the developer's reyuirments concerning sewer, water, streets, lighting, and also subject to review of the ownership M by the City Attorney for favorable titleship. whairrroman VanMaldeghem asked if there was anyone from the audience ulho wished io address this issue. Dale Dahlke, 1279,7.i-mestone Drive, the applicant, said he has no further comments and understands all conditions set by the staff. Tim -- eane, 1244 lanterbury Road, on behalf of property owners to the west, said that Scottlend Companies is coordinating their plans-with the applicant.; and the alignment of 13th Avenue. Plan_ age ,onsensus of the -Commisnicn wan that a_1 discussion regarding sur=o•mtiirg praperiy development will be out of crdsr at t.,_s iia=_. Scottland lo--anies car'. came back :o .he ^.o-maw ssion an a separate 'ter. of discussion a� __ ,nate. Clain Tan' alaeghem 1225 -amestone, azked if the _ pla-sel to have 1St Avenue done vith_n the next year, if not he $ad concerns over what traffic paiLernS will be =1 l._.ae traffic i:ow k ll ba. _. o City Planner d that .construction of 13th Avenue will be initiated as soon as possible. Joyce '_an'sish, 261 :'au=_r Trail, aked if tn_ only access to .Y erald lane will be Limestone and Jasper. T:e developer said until 13th Avenue is bailt then that will be "he only access. Commissioner Schmitt asked if the developers pians were to do an entire plat on the whole icing. The developer answered that it was his intent to do the whole thing. .^.omm. Schmitt said a review should be done whether f or not access is- requirddthough lot 2, block 1 to the Lemon and Scottland properties. The City Planner said the fire chief had no comments. Comm. Czzja had a concern over the drainage that took pl=ace on the east end of Hauer '.rail. The City Planner said he did not have the drainage map at this time but that it could be dealt with as a preliminary subject to the receipt of the drainage map. Dottie Crouse, 2630 %Ogle Creek Dr. expressed concern o;-er what this plat will do to her property since 13th Avenue does go through the comer of her property. ,Uke Felix, 15260 ?Ogle ?reek 7r., Prior =as:e, asked if the decision for the location of 13th ::venue has been ma3e and approved. There was discussion as to whether or not Ofty Co'r:cil had approved this realignment of 13th Avenue anal where '13th A enue should go. Chair omen -'=ti aldeghem asked -f there was anyone from the audience who mashed to address this issue. Tnere was no response. Czaia.,/Pom2renke moved to close t::e public hearing. P:ction carried unanimously. Schmitt/: zaja moved to approve the preliminary plat of Lauer's 4th ;3dition' j„ subject to the staff conditions as Outlined in staff report of February 27, with the addition of an item regarding drainage easements, and item regarding developers agreement and item requiring a favorable title cnirion and an item regzrding that lot 1, Block 2 be resolved as to whether access is required on property immediately adjacent to the west, and final item to include a limitation of no more t_-,an 105; of duplex typendwel'_ings within the subdivision. :notion carried unanimously. in 'omission ,.� :.'arch 5, _O.C IaC,e .chmit y Coudray moved that tae Hanning- -onmissicn go on record as recuesting the C.... Council to take action regarding the total alignment of 13th `.venue from Road 16 to ',ounty Road 15 in terms of formalizing a pre'_imirary location in order to permit the orderly devolosment of lands on either side o, it for its entire length. ','noon carried unanimously. ,chmitt/'ohrscn Wooed for a 1 � 5 ^-^ate recess. ..ion carie._a uvanim.-.usl-y. 7zaja/?omerenke moved to reconvene at 9:45 p.m. "ot+on carried unanimously. Pu3'^ "31SG - Amendment to 'lit-- ".ode dons 11.40, o-.wa 2C Saba. z an -ubc. � Schmitt/^zaja moved to open the public hearing to consider an anendmert to the Shakopee City 'ode, Sections 11.$0; Subd. 2., 3ubd. 3 and Subd. 4- to allow private sewer service subject to City Council approval, to allow an increase in lot densities above the standards of the zoning district most similar in function to the proposed use and to permit mixed uses subject to City Council approval. :notion carried unanimously. Tne Administrative .Assistant reviewed the existing language in the ordinance as it relates to the 7,TD. (Planned Unit Development). He said the ordinance addresses private water service but does not say anything in regards to sewer service. P.nother area is in the division of densities, right now it is recommended not more than 10";, we: belwe- therend€atial density should be allowed up to 2%9 the third area is in the Uses Permitted Section, right now the section only allows the permitted uses. Comm. Schmitt said that in terms of the _T-1 and 1-2, we should not c:-.ange what we have now .and recommend::not ;.e-expand"the uses, howevert some flexibility could be ensued in the a=--a- 2 '_ _— - , 3 . -2, and R-3�-` .`is a_tosing for aliering- ' esidential areasonly :n^this area. Comm. Cza, a�said he has concerns with private sewers in relation to shoreline, he said there is some cases of contaminated ground water in Shakopee already. Harry ..ynoi, 2984 11arschall Road, said he has never seer, a private sewer work in its entirety without problems. 7e believes that density should remain the same around the shoreline. Don 'dc'h=h, 3691 D;arschall Road, said he has a concern with the mixed uses, and the density with regards to sewer and water. Bonnie Sukolov, 1424 wood Duck Trail, expressed a concern about increased density in their area of 'timber Trails, she said there is -already a problem with septic drainage and standing water around the homes. Cynthia =race, 1416 Blue Heroin TTaii, expressed concern -also with increased density with regards to sewer and water problems in the area of Timber Trails. Rick Rubiella, 14330 zig`.rard Drive, expressed concern —so of a higher density area. MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Alignment of 13th Ave. from County Road #15 to County Road #16 DATE: March 13, 1987 Introduction• At the March 5, 1987 meeting the Planning Commission approved a motion requesting the City Council to take action regarding the total alignment of 13th Avenue from County Road #16 to County Road #15. The Planning Commission feels that establishment of a preliminary location is necessary to permit the orderly development of lands on either side of 13th Ave. for its entire length. Background• The City has received sketch plans or preliminary plats for most of the area between County Road #15 and County Road #16. Staff has combined sketches into an overall alignment plan as per developer' s concept plans at this point. Staff has worked with the developers between County Road #16 and County Road #17 to determine the alignment in this area. The staff has not worked with the developers of land between County Road #17 and County Road #15 in determining the alignment of 13th Avenue. In this area, 13th Avenue will function as the major collector street transgressing the southern part of the City. Enclosed is a sketch plan of the proposed alignment. A larger to scale drawing will be presented at the City Council meeting. Action Requested: 1. The City Council should approve Hauer' s 9th Addition based on portions of or all of the alignment proposed for 13th Avenue. 2. The Planning Commission and staff would like the City Council' s reaction to the proposed alignment of 13th Avenue and guidance in establishing a policy for review of land development proposals adjacent to proposed 13th Avenue. p, — c _a�3. - --- O ® 9 900 1 J� m K � G ' MEMO TO: John R. Anderson, City Administrator FROM: Judith S. Cox, City Clerk YJ - RE: Second Petition Withdrawing Dames from Original Downtown Feasibility Study Petition DATE: March 11, 1987 Councilwomen Lebens asked that the disposition of the second petition withdrawing names from the original downtown feasibility study petition be placed on the March 17, 1987 agenda. She also asked that Councilmembers be provided copies of the attached "DOMEIER v. DOLLING". For Council's information I am also attaching a copy of the memo from Barry Stock dated December 23, 1986 regarding the validation of downtown feasibility study petition, a copy of the second petition, and a summary of Council actions since December 16, 1986 when the second petition was received by Council and placed on file. JSC/jms Recommended Action: Concur with the City Attorney' s opinion that the signatures on the petition for the downtown streetscape improvements can not bewithdrawn after the Council has voted to receive the initial petition. udy ° O j6G _« C e ^J OO C4 ° FG ^I h79 1 ` G m cc S m N m o = �'; E ••IVr e F `�' `9 r C Z CO o b n`. r C w ` + ? ° •O U G ~ CI C_•i G O .y G u m O G 15 4 e U � � cl G _J L r ❑ C C =•_ Y ❑ a h� r m / I ��T G F. C P w y_ sd e � � <_ F °_ g ey:� E °1 s17• nI G�J1 °I e_iP � F _. .., __ _ p um ✓ e 'Lco '� cm - 9 .d, Ve ado - r.� r' b _IC � ., � o P ` P _ GC-+ U « O V� UeFru' tl m PA ' � RCO Eli U'i n-+ G P j ad. 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P y .P ° p _J •.]F, A 13ry ° m 0 a O G ^ ° ! aono1m cP _H - WyE oe ° � q � n'am e m - g .°. m m > 7 0 e m v c '., C'J •vi H g a p°S o E, rJ. m •'- m v n n o � o_ � =tJ- ° a v E a- c ' � o o � o P ° g m = a 3 e m Z z z ° ria .. .. g• n G m `°d P ° ° ° e' P z m n O C ' C tNi 0- a Oi ° m .r O m ° P w P w e ° c S o n °m,� a m Q w • = w °� m w ? m ° "0�• m g ° �(0� MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Asst. RE: Validation of Downtown Feasibility Study Petition DATE: December 23, 1986 INTRODUCTION: On December 16 , 1986 a petition was presented to the Shakopee City Council by 22 downtown property owners requesting that their names be withdrawn from the original downtown feasibility study petition. At that time, Council directed the City Attorney to investigate the legal ramifications of said withdrawal request. BACKGROUND: - On September 16, 1986 the Shakopee City Council was presented with a petition signed by over 358 0£ the affected property owners requesting street and streetscape improvements and the completion of a feasibility study on said improvements. On September 26, 1986 the Shakopee City Council accepted said petition by approving Resolution 22610, which also ordered a public hearing. The public hearing was subsequently held on December 9 , 1986. On December 16, 1986 a petition seeking withdrawal of 22 of the original 34 petition signers was presented to City Council. Several persons felt that the withdrawal petition invalidated the original petition. At the request of City Council, Mr. Julius Coller, City Attorney, has tendered a legal opinion on this matter. (See Attachment 21) In summary, Mr. Co'_ler contends that the submission of the withdrawal petition at this time does not effect the 429 improvement process that was initiated by petition and subsequent Council Action. If the project proceeds, pertinent Council actions will require a majority vote. Based on Mr. Coller' s leqal opinion, staff believes it would be appropriate to proceed with a Council worksession on the proposed project scheduled for 7:00 p.m. on January 13, Additionally, it would be prudent to direct the appropriate City officials to notify the affected property owners cf the continuation of the public hearing on said project to be scheduled for 7: 00 p.m. , January 27 , 1986. ALTERNATIVES 1 . Move to direct the appropriate City officials to notify the affected property owners of t_e continuation of the Downtown Improvement Project Public Hearing scheduled for 7: 00 p.m. , January 27, 1986. 2. Set a later date for the continuation of the public hearing. 3. Do nothing. STAFF RECOMMENDATION: Staff recommends alternative $1. ACTION REQUESTED: Move to direct the appropriate City officials to notify the affected property owners of the continuation of the Downtown Improvement Project Public Hearing scheduled for 7: 00 p.m. , January 27, 1986. BAS:cah Attachment Attachment R1 6V Julius A.COLLER. II ..co«cw Ar oRN r wT Lew SH KOPEE.NII HIEsoT 55=9 December 22, 1986 The Honorable Eldon Reinke Members of the Shakopee City Council John K. Anderson, City Administrator Dear Mayor, Council Members and Administrator: This is in response to the Council's request for a written opinion on the present status of the Petition for the revitalization of the downtown business area. The facts are as follows: After years of effort by the Downtown Improvement Committee to formulate a proposal to regenerate and rejuvenate ths'original central business district, the committee presented its findings and recommend- ations to the Council and on September 16, 1986, the Council was presented a Petition for certain improvements in accordance with the proposal of the committee. The signatures on the Petitions were checked and verified and found to be the signatures of owners of at least 35% of the property to be benefitted and within the area of the proposed improvement as required by law. As a result of the filed Petition which was accepted September 26, 1986 by Resolution 2610,which among other things, ordered a public hearing which was ultimately held and which afforded all interested parties an opportunity to be heard and at the conclusion of the hearing it was adjourned to some definite future date. After the public hearing and apparently as a result thereof many of the signers of the Petition signed a statement withdrawing their signatures from the Petition and this was presented to the Council on December 16, 1986. The withdrawal letters, if considered, would no longer leave anything like 35% of the required signatures; in fact 22 of the original 34 signers signed the with- drawal letter. The question is - what effect, if any, are the written withdrawal letters? The signers power to withdraw_ his signature from a Petition is an imoortant right, and one that should not be taken from the signer without good cause, Where the right to present a Petition is limited by statute or charter Drovisions to a prescribed period, if signers seek to withdraw their names near the end of this period, making it impractical if not impossible, to obtain additional names before the deadline, withdrawals are not perm4tted. However, where no substantial harm is caused to the right of others by withdrawals lttrld reason exisrsior prohibiting them. - -Withdrawals of names from a Petition are nottimely-,. however, if they are presented after the officer or body charged with the duty of cert- g�'_Fe zde_ary of the original petitionbas per."ormed this function and most assuredly the att=ted withdrawals are not timely after the Council has taken action on the Petition by accepting it and ordering and holding a public hearing thereon as in the case .: now before the Council. Domeier v Golling 243 Minn 237, 67 NA 2 898; State v Streissguth - Gieb 66 Minn 266 , 66 NW 1081; Slingerland v Norton 59 Minn 351, 61 NW 322. In view of the above decisions and particularly the language in the Domeier case it is my opinion that the withdrawal attempts are ineffective. Should the Council determine to go forward with any part of the project as Petitioned for it will have to give the same notice to the same parties of the adjourned hearing date that it did in the first instance, if it reaches the stage where the Council will order the improvment or any part thereof this will require majority vote of the Council. Respectfully submitted, Juhus�r, II Shakopee City Attorney JAC/nh �' !I 0- iEu I�I Ublu', ll league of rrl; ru-��. =,:_, " _; c;i.!es January 5, 1987 Dolores Lebens Councilmember 538 W. 4th Ave. Shakopee, MN 55379 Dear Ms . Lebens: This is in response to a phone conversation I had with your husband recently. He asked in what respect names may be withdrawn from a petition for a local improvement , and requested that I forward this information to you. After examining what Minnesota case law I could find, it appears that the general rule is that withdrawls of names from petitions are not timely if requested after the officer or body charged with the duty to certify the sufficiency of the petition has performed that duty, Domeier v. Golling, 243 Minn. 237, 67 N.W.2d 898 (1954) . In Domeier, signers attempted to remove their signatures from a petition to request an audit of the city books. The county auditor had already certified the sufficiency of the petition to the public examiner.. The court acknowledged the general rule that removal is not timely after certification, but it concluded that "the power to withdraw one's signature :rom a petition is an important right and one which should not be taken from the signer without good cause." It indicated that this right should not be limited unless persons sought to withdraw names when insufficient time existed to solicit new names . On the other hand, Shinneman v. Arago Township, 288 N .W.2d 239 (Minn. 1980) , indicated that the town 'board was constrained to allow the withdrawl of names from a petition because "the board had (neither) acted or had been required to act. " In that case, the board was presented with a petition to vacate a road under M.S. §164.07 . The court seems to be relying on the general rule, while at the same time discarding the rationale of Domeier. In your case, Minnesota Statutes §429 .035 dictates that "When any petition. . . is presented to the governing body of the municipality, this body shall, by resolution, determine whether or not the petition has been signed by the required percentage of owners of property affected thereby." 1 B3 university aveni.e 9 ^ 1 161 2] 227-5500 Since the council is the body which is charged with certifying the sufficiency of the petition, the general rule would indicate that withdrawl of a name from the petition can only be accomplished prior to the council's certification of the petition's sufficiency. The answer is more tenuous if one is to rely on the reasoning/rationale of the Domeier opinion. I hope that this will provide some assistance, and answer any questions you may have. As is our policy with matters of a legal nature, I am forwarding a copy of this letter to the Shakopee city attorney. Sincerely, Jay Squires Research Assistant The petition for revitalization of the downtown area as accepted by the council on September 16th, contained 34 signatures representing 37.468 of the proposed assessment of $949 ,090. Of the 34 original signers, 22 have now withdrawn--reducing the percentage of signers to approximately 14 .88, thus invalidating the i original petition which requires a 358 approval per MS 429 . Of the 12 remaining signers, one is an absentee landlord unavailable during the limited time involved; four own very minor parcels with insignificant assessments, and the remainingseven are either members of the Downtown Committee, or closely related thereto. The project area embraced 127-60 x 142 ft. lots, 12 of which were exempted from assessment as off-street parking lots. Of the remaining 115 lots subject to assessment, 99 owners have now withdrawn,or`refused to sign the petition in the first place. That leaves the owners of but 16 of the 115 project area lots still indicating approval. And that's just 138 of those expected to pay for it. Hardly a consensus, let alone a mandate! Dolores M Lebens December 16, 1986 Page one of three STATE OF MINNESOTA CITY OF SHAKOPEE TO: THE MAYOR AND CITY COUNCIL RE: That certain petition for public improvements proposed to be made pursuant to MS 429 , and accepted by the Council + via Resolution No. 2610 on September 16, 1986. After due consideration, we the undersigned hereby withdraw our names from the above mentioned petition. 19 � � I ` T �o 3�/� z L411 /C S�D�hi �j{titi cC lG T OZ'1 �o f 4 5 QwH s�dl�. 1� 5S337 i I hereby verify that the above signatures were affixed in my presence. .� STATE OF MINNESOTA Page two of three CITY OF SHAKOPEE TO: THE MAYOR AND CITY COUNCIL RE: That certain petition for public improvements proposed to be made pursuant to MS 429, and accepted by the Council via Resolution No. 2610 on September 16, 1986. { After due consideration, we the undersigned hereby withdraw our , names from the above mentioned petition. u 7 A 3r '/ //x/' 1 I i i ' I D3 � � � l i — 1�r � i� ,.RFs tar soMrvCrR yr Lc E i I I hereby verify that the above signatures were affixed in my presence. STATE or MINNESOTA CITY or SHAKOPEE Page three of three TO: THE MAYOR AND CITY COUNCIL RE: That certain petition for public improvements proposed to be made pursuant to MS 429 , and accepted by the Council i via Resolution No. 2610 on September 16, 1986. 3 After due consideration, we the undersigned hereby withdraw our nam from the above mentioned petition. i g J- r, CEJ a ya-,G.b %� J I 1 iY SIE, c . iJ P/'.L. Z z y i I I I F. 1 I 2 hereby verify that�the above signatures were affixed in my I (� - presence. 1 I u� DOWNTOWN REDEVELOPMENT PROJECT Second Petition Withdrawing Names From Original Petition Date Council Actions 12/16/86 Wampach/Vierling moved to receive and place on file the petition from Cncl. Lebens containing the removal of 22 signatures from the original petition for the Downtown Revitalization Project. Motion carried with Cncl. Leroux opposed. 12/16/86 Discussion ensued on the Downtown Redevelopment Project. The petition that Cncl. Lebens submitted to the Council regarding the withdrawal of names from the original petition was referred to the City Attorney. . . . 1/6/87 Councilmembers received a memo from Harry Stock, Administrative Assistant, regarding the validation of downtown feasibility study petition as well as a copy of the City Attorney' s opinion dated December 22, 1986, and a copy of a letter from Jay Squires, League of Minnesota Cities, to Dolores Lebens. 1/6/87 No action was taken by the Council on the validation of the downtown feasibility study petition. Cncl. Lebens feels that no action should be taken until the Council worksession on January 13, 1987. Leroux/Vierling moved that noaction be taken on the validation of the downtown feasibility study petition until January 13, 1987. Motion carried unanimously. 1/13/87 Council discussion held on the downtown redevelopment project. A number of motion were made relative to the project. No action was taken on the validity of the petition. 2/3/87 No action was taken on the validity of the petition. "Discussion ensued on having the Downtown Committee ' circulate a new petition to the property owners. The City Administrator said that everyone will be getting the new information in their notices. Cncl. Lebens said it would be only fair to circulate a new petition. Cncl. Leroux said that the Council cannot initiate a petition and it is not our prerogative to suggest a petition be taken. Consensus was to bring the issue of a new petition up to the Downtown Committee and let them make the decision." 3/10/87 Public Hearing held on the downtown redevelopment project. Wampach/Lebens moved that the City Attorney draw up the necessary papers for an Attorney General' s opinion on the validity of the withdrawal of names from the petition. Roll Call: Ayes: Cncl. Lebens and wampach Noes: Cncl. Leroux, Vierling, Clay and Mayor Reinke MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer SUBJECT: Proposed Downtown Redevelopment Project DATE: March 13, 1987 INTRODUCTION: On March 10 , 1987, the proposed Downtown Redevelopment Project public hearing was continued. At the conclusion of the hearing, Council directed staff to respond to certain questions and issues prior to offering a resolution ordering the project. BACKGROUND: The following is a discussion of the issues that need to be addressed as directed by Council. Credits to Residential Properties for Extra Width and 9-Ton Design At the March 10 , 1987 hearing, the estimated per lot cost was indicated to be $3,393.00. As discussed in a January 29, 1987 memo from Barry Stock, this estimated cost included a credit of 3.2% ($117 .00) to all properties because of the costs for a 9—ton design. There was no credit for extra width calculated into the estimate because the City' s street rehabilitation policy does not provide for such a credit. The policy states that the City pays for extra width only when required for functional classification. The extra width in the redevelopment area is not required for functional classification but that it is necessary to accommodate diagonal parking on one side. It could be argued the additional parking spaces generated from diagonal parking does not benefit residential properties. The percentage cost for the additional width has been calculated. If Council determines that residential properties are due a credit to the rehabilitation assessment because of the extra width, that credit would be 7 .9% or $284.00. Possible Credits to Properties Abutting Second Avenue: Fuller to Atwood Due to Health Department Requirements governing the location of sewers relative to watermain' s, the curb and gutter and sidewalk along Second Avenue between Fuller and Scott had to be replaced as a result of the 1986 Holmes Street Lateral Project. The segment between Atwood and Scott is outside the redevelopment district, therefore, at issue here is a one block segment. There was no assessments as a result of these restoration improvements. Downtown Redevelopment March 13, 1987 Page 2 If this portion of Second Avenue is to remain in the redevelopment district as proposed, the 1986 improvements do not preempt the ability to utilize those improvements in the final product. Lighting, pedestrian node accentuation, and parallel railroad track improvements can still be made. To date, the project has been considered a district wide improvement with the frontage and zonal rates calculated on a district wide basis. That is to say that although design elements may be different from street to street (ex. some with alley, thoroughfares have smaller nodes, Second Avenue with one-way couplets, etc . ) , the district frontage and zonal rates are based on district project cost. Individual assessments are not based upon a distinction as to the design elements adjacent to a particular parcel of property. Based upon this premise, staff was not considering a credit for the 1986 improvements since those improvements were not assessed. There may be a problem with staff' s position relative to legal proof of benefit. Although the improvements were not assessed, the abutting properties enjoy the full value of those improvements as they exist prior to the proposed downtown redevelopment improvements. If the incremental benefit of the redevelopment project do not equal the assessments, the amount of the assessments could be challenged. Without the benefit of an appraisal, it is my opinion that the incremental benefit will exceed the assessment even though the sidewalk, curbing, and bituminous restoration done in 1986 would not be calculated into the incremental benefit. Options of Council are to agree with that opinion, disagree with that opinion and grant a credit, or have that opinion verified by an appraiser. Status of Rrd Avenue The merits of including 3rd Avenue in the redevelopment district has been previously discussed and I will not elaborate further. Council has the following options: 1 . Include 3rd Avenue in the 1988 redevelopment district with the intention of assessing both sides of the street; or, 2. Include 3rd Avenue in the 1988 redevelopment district with the intention of assessing the north side of the street only; or, 3. Remove 3rd Avenue from the redevelopment district and order a Council initiated feasibility study of street rehabilitation to 3rd Avenue from Spencer to Shumway as a 1988 project. Council may wish to include the north Downtown Redevelopment March 13, 1987 Page 3 south streets between 3rd & 4th and between Scott & Spencer, exclusive of Holmes, as recommended by staff. 4. Same action as Option 3 with the exception that the feasibility study would not be ordered and instead these streets be included in the Capital Improvement Program for some future year. Status of the Water System Staff recommends, that if this project advances, Council appoint a downtown water systems study committee to analyze the desired fire protection to be provided and associated costs. This committee should consist of: SPUC Commissioner City Councilperson SPUC Manager City Engineer City Building Official The efforts of this committee would be included in the project design elements. Mandatory Sanitary Sewer Service Replacement If this project advances, I recommend that the design elements include replacement of the sanitary sewer mains within the phased area . I further recommend that all sanitary sewer services be replaced with the exception of cast iron pipes (refer to my March 5, 1987 memo) . Consideration should be given to the water system by the previously discussed committee. RECOMMENDATIONS: Various issues and recommendations have been discussed in this memo. These issues are irrelevent if the project does not advance but would resurface if the downtown streets would be rehabilitated as a normal rehabilitation project. If Council is: 1 . Satisfied that adequate testimony has been received through the public hearing process; and 2. Satisfied that all current and future design elements can be adequately addressed without jeopardizing the successful implementation of the project ; and Downtown Redevelopment March 13, 1987 Page 4 3. Wishes to order the redevelopment project , staff recommends adoption of Resolution No. 2702. RESOLUTION NO. 2702, AS CURRENTLY WORDERED, DOES NOT INCLUDE 3RD AVENUE IN THE REDEVELOPMENT DISTRICT. REQUESTED ACTION: 1 . Offer Resolution No . 2702 , A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for Downtown Streetscape 1987-2 Improvement Project, Phase I and move its adoption. 2. Direction to staff as to the various design elements and assessment credit issues addressed in this memo. KA/pmp DOWNTOWN RESOLUTION NO. 2702 A Resolution Ordering An Improvement And The Preparation of Plans And Specifications For Downtown Streetscape 1987-2 Improvement Project Phase I WHEREAS, Resolution No. 2648, adopted on November 18, 1986 , fixed a date for Council hearing on the proposed Street and Streetscaping Improvements; 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 December 9 , 1986 and a continued public j hearing on March 10, 1987 , 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 described: Street and streetscaping improvements consisting of, but not limited to: Street lighting, sidewalk, curb and gutter , street surfacing , and miscellaneous landscape and streetscape elements and appurtenances within the Downtown Redevelopment Area as indicated in the Attachment 1 and streets as listed and request that the same be made during the year 1987 . 2nd Avenue from Sommerville to Atwood St. Atwood St. from 1st Avenue to 3rd Avenue Fuller St. from 1st Avenue to 3rd Avenue Holmes St. from 1st Avenue to 3rd Avenue Lewis St. from 1st Avenue to 3rd Avenue Sommerville St. from 1st Avenue to 3rd Avenue 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 04FlkuprP TommUtt[$J �pTUttp$ (�pdmwt 129 Levee Drive ' G Shakopee, Minnesota 55379 Phone 445-2742 Community Education • Parks • Recreation • Adult Education �,f Memo To: John Anderson, City Administrator From George Muenchow, Director-Shakopee Community Services Subject: Extension Of Tahpah Park parking Lot O Date March 10, 1987 Background Development of Tahpah Park has been an ongoing process for many years primarily because of the reliance on donated funds particularly from the Shakopee Jaycees. They have functioned as major spearheaders of this project. Extension of the bituminous surfacing in the parking lot is sorely needed. The Jaycees have indicated that they currently have approximately $20,000.00 to be applied to this project. City Engineering at the present time does not have basic information for planning for this project. A Survey needs to be taken to insure that there is adequate drainage, not to mention proper locating of the bituminous surface. Project estimated time needed: Surveying 16 bra Plan Development 24 hrs Contract Documents 12 bra Project Mgmt. 20 hrs . 72 hrs a. If conducted by staff. . . . . . ..$ 2,000 b. If conducted by Consultant.. . 5,000 These is money in the park Reserve Fund ($180,000) for this purpose. Alternatives 1. Authorize Engineering Staff to facilitate this project (at a projected estimated cost of $2,000.00) 2. Authorize the contracting with a Consultant to facilitate this project (at an estimated cost of $5,000.00) 3. Postpone the project to another year. Recommendation Shakopee Engineering Staff be authorized to gather the necessary information and provide needed supervision to expedite this Tahpah Park Parking Lot Extension Project at an estimated cost of $2,000.00. A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 MEMO T0: John K. Anderson, City Administrator City Council FROM: LeRoy Houser, Building Official RE: O'Dowd Lake Association DATE: March 5, 1987 INTRODUCTION• O'Dowd Lake Association is having a difficult time financing their aerator project on the lake. They have asked if we could put the pump liability and comprehensive on our policy. BACKGROUND• I checked with our insurance company and they said the liability would go under our umbrella at no additional charge. The comp. would cost about $150. 00 per year. Considering the Association is non-profit and O'Dowds Lake is one of our major natural assets, and is for all of us to enjoy, I would recommend we insure the pumps under our liability umbrella and have the $150. 00 come out of our Park Division fund. I should mention, in case of accident or death due to the pumps, our insurance would be liable, however, the Association has an active signage and inspection program in effect that minimizes the possibility. I feel the exposure would be no greater then it already is considering they have the pumps in the lake now with the city' s full knowledge which indicates we already have liability exposure. The Association will provide us with pictures of their signage program at the beginning of ice up and will explain what other precautions they have taken to insure safety. ALTERNATIVES• 1. Insure the pumps without the liability insurance. 2. Insure the pumps with liability insurance. 3. Don't do either. RECOMMENDATION• I recommend we insure the pumps and pick up the liability for $150. 00 per year. ACTION REQUESTED: Direct staff to obtain liability and comprehensive insurance_, under the City's insurance for the aerators owned by the Save O'Dowd Lakes Chain Association located on O'Dowd Lake. & 8�e) MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Appointment of Acting City Clerk DATE: March 10, 1987 Introduction and Background: I will be on vacation from March 24th through March 31st. I recommend that the City .Administrator be appointed acting City Clerk during this period. Recommended Action: Appoint John K. Anderson as acting City Clerk from March 24th through March 31st, 1987. SSC/pss MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer�- SUBJECT: Prior Lake Outlet Channel DATE: March 5 , 1987 INTRODUCTION: The Prior Lake/Spring Lake Watershed District (PLSLWD) outlet channel running through the Cities of Prior Lake and Shakopee was constructed under a joint powers agreement between these jurisdictions. There are various conditions of that agreement that have not been met; specifically, final construction approval and subsequent warranty period. In the interest of the City of Shakopee, as well as other parties to the agreement, I believe action should be taken to complete the work required by the conditions of the agreement. There are two available avenues for accomplishing this: 1 . Cooperation between the parties of the agreement , or 2. Arbitration It is my understanding that the PLSLWD is most interested in completing the outlet channel project by cooperating with the City . In turn, they request that the City identify work that needs to be completed for project acceptance. BACKGROUND: On January 28, 1987, an inspection of the channel from Blue Lake to the point where the channel exits Shakopee was completed by myself and representatives of PLSLWD and DNR. This inspection went beyond the construction limits of the original outlet channel project. The following is a summary of our inspection findings separating the portions north of Dean Lake and south of Dean Lake . The reason for separating the two reaches of the channel is, by joint powers agreement, the City has a financial interest in the on-going maintenance of the channel north of Dean Lake if and when used by a storm drainage system from the Valley Industrial Park. North of Dean Lake 1 . The channel north of T.H. 101 was not part of the outlet channel project with the exception of a culvert installation on the W. Kopp property now owned by the Fish & Wildlife Service.- The installation is in good condition meeting the approved plans and specifications. The size of this culvert is a source of my concern over the requested increase in pumping rate by the Shiely mining operation. Prio Lake Outlet Channel March 5, 1987 Page 2 2. The channel between T.H. 101 and the Shiely access road was not part of the outlet project. This is a natural drainage way . The channel is restricted slightly by deadfalls and debris. There are varying degrees of erosion with evidence of deposition of suspended solids that appear to be originating from the Shiely discharge . This deposition appears to be minor and the Pollution Control Agency indicated that Shiely is meeting discharge quality standards. 3. The channel between the Shiely access road and 13th Avenue was constructed as part of the outlet channel project. The channel is in fairly good condition with the following exceptions: a. slope failure at a few areas with one section about 200-250 feet in length. b. one check dam has washed out with bank failure adjacent to the dam. c. another check dam appears to have washed out under the middle bar. This could not be confirmed because of the ice. 4 . The channel from 13th Avenue to Dean Lake is natural and unimproved. The drainageway is encompassed in a large natural, swamp area. South of Dean Lake 1 . A sand delta is forming at the inlet channel to Dean Lake. The extent of the delta was difficult to assess due to the ice. ' 2. The channel from Dean Lake to the Terry Hanson property is in good condition. 3. There are several problems with the channel through the Hanson property and as it turns to the south through the Reed property just north of C.R. 16. a. slopes of channel are too steep and rough. b. channel is severely eroded in some areas of the Hanson property and silted in at others resulting in a reduced channel capacity. C. the diversion structure was not completed. Prior Lake Outlet Channel March 5 , 1987 Page 3 d. The channel through the Reed property is severely eroded which accounts for the deposition within the Hanson property. 4 . The channel from C.R. 16 to the corporate limits is severely eroded along the channel bed and eroded away the side slopes in some areas. SUMMARY It is my opinion that the work necessary north of Dean Lake is relatively minor. I would feel relatively comfortable that the nature of the repairs are such that once completed, continued deterioration would not occur. The City could then accept this portion and have the joint powers agreement inplace when and if this channel is needed by the City. That portion of the channel south of Dean lake is not so easily addressed. In my opinion, for this portion of the channel to be in conformance with the approved plans, essentially the channel would need complete reconstruction through a large percentage of its length. This is looked at as an extreme proposal by the PLSLWD engineering consultant. Their proposal would be to construct a series of check dams along the eroded channel . The ones that were built two years ago have been effective but in all probability, the number of dams to be built will be on a trial and error basis. Consequently, I would not be in position to say that the project is now complete after the initial installation of check dams in this area. Items of work on the Hanson property consist of regrading the channel slopes and completion of the diversion structure. Again, I would not be in the position to accept the project until the turf has been established. The sand delta in Dean Lake needs to be addressed. In general , I would say that the channel south of Dean lake cannot be accepted as conforming to the approved plans in 1987 • If the PLSLWD completes the items discussed, at least they would be moving in the direction of final acceptance. RECOMMENDATION: I recommend that the City notify the PLSLWD of the items of work that need to be completed on the outlet channel . I further recommend that the City would be agreeable to accepting the Lake Outlet Channel March 5, 1987 Page 4 project north of Dean lake which would place into effect a 3 year warranty period. The channel south of Dean lake should not be accepted until the channel is stabilized. REQUESTED ACTION: Move to direct staff to notify the Prior Lake/Spring Lake Watershed District of the work required in the outlet channel between Schiely ' s access road and the corporate limits. Indication should be that the City will accept the portion of the project north of Dean lake, thereby, placing into affect a three year warranty period. Indication should also be that the City is not willing to accept the project south of Dean Lake until the issue of siltation in Dean Lake is addressed and the entire channel is stabilized. KA/pmp CHANNEL TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: 1987 Fire Service Agreement DATE: March 4, 1987 Introduction The current fire service contract between the City and the Townships of Louisville and Jackson has been in effect since 1981. Jackson requested a review of the contract and accordingly staff has meet with both townships to review the contract. Background Basically two issues were raised. First, Jackson felt that an adjustment for the cost of the aerial truck which they have helped pay for but have received virtually no benefit would be in order. They paid for a share of the truck as part of the fire service contract over five years (1976 - 1981) . I have not located the 1976 fire service agreement to exactly determine their cost, but the approximate share of the truck that Jackson paid for was $11,071. The second issue was modifying the contract to eliminate the hourly billing for fire calls and to convert that cost to a some form of a flat fee. Louisville is in favor of an adjustment of the cost of the aerial truck ($11,393) but recognizes that the issue is 10 years old and is not pushing the issue as much as Jackson. Also, Louisville wants to keep the hourly billing part of the current contract. The basis on which the fire service cost is split was analyzed prior to the current contract. Factors considered were items such as assessed value, population, number of households, etc. The current contract is based on assessed value. Prior Lake's contracts are based on assessed value as are the fire service districts for Jordan, New Prague and New Market. Carver County has some form of a master county wide agreement based on population but the staff at Chaska was not enthused about the arrangement. Staff feels that assessed value is the best basis for allocating costs but also that there is some merit to call experience as a basis. See the attached sheet for fire call experience and assessed value information. There is also the possibility of basing part of the contract on assessed value and part on fire call experience. Alternatives Staff would like Council direction on what their desires are as per the following alternatives. A. Aerial truck rebate. 1. No rebate 2. Rebate a total of $22,464 against the 1987 and 1988 contracts 3. Rebate some other amount or in some other form B. Contract with Jackson Township 1. Status Quo (Table 2 of attachment - standby @ $7,044) 2. Bill hourly portion of contract as flat fee based on previous 3 year moving average fire call history. Standby fee portion of contract billed based on assessed value as per current contract. (Table 2 of attachment - $10,189) 3. Bill hourly and standby portions as one flat fee based on assessed value (Table 2 - $9,016) 4. Bill hourly and standby portions as one flat fee based on previous 3 year moving average of fire call history (Table 3 $19,238) 5. Other method (Council to specify idea) C. Contract with Louisville Township 1. Status Quo (Table 2 of attachment - standby @ $7,338) 2. Bill standby portion based on 3 year moving average of fire call history (Table 3 of attachment - $10,610) Recommendations Staff needs Council direction for alternative A. Staff recommends either B2 or B3 for Jackson and C1 for Louisville. Note: The Townships have not seen this information yet. TABLE 1 Shakopee Fire Department Fire call history Year Shakopee 4 Jackson 4 Louisville 4 ------------------------------------------------------------------------ 1986 134 78.48 24 14.04 13 7.68 1985 165 85.94 12 6.38 15 7.88 1984 154 87.08 15 8.54 8 4.54 1983 153 89.54 12 7.04 6 3.54 1982 180 88.78 20 9.98 3 1.58 1981 144 84.24 17 9.94 10 5.88 ---------------------------------------------------------- 6 year avg. 155 85.68 17 9.34 9 5.14 3 year avg 151 83.88 17 9.64 12 6.64 TABLE 2 Fire Service fee 1987 Current Contract (standby fee only - hourly bills separate) compared to total fee (no hourly bills) split based on assessed value The far right column is tradition standby fee with a flat fee based on past three years call experience instead of hourly billing. Standby Total Standby Assessed Fee Budget +3yr Hourly Value 8 Only Fee Basis ------------------------------------------------- Shakopee 118,947,019 91.04 144,765 185,289 172,700 Jackson 5,787,832 4.48 7,044 9,016 10,189 Louisville 6,029,085 4.68 7,338 9,392 11,612 ------------------------------------------------- 130,763,936 100.004 159,147 203,697 194,501 TABLE 3 Fire Service fee 1987 Contract splits total costs by fire call experience Fire call three year average Fire Call Total Standby Average 8 Fee Only --------------------------------------- Shakopee 151 83.94 170,879 133,507 Jackson 17 9.48 19,238 15,031 Louisville 12 6.78 13,580 10,610 --------------------------------------- 180 100.008 203,697 159,147 Fire call six year average Fire Call Total Standby Average 8 Fee Only --------------------------------------- Shakopee 155 85.68 174,437 136,286 Jackson 17 9.48 19,132 14,948 Louisville 9 5.08 10,129 7,913 ----------------------- --------------- 181 100.008 203,697 159,147 ORR•SCHELEN• MAYERON &ASSOCIATES, INC. Consulting Engineers Land Surveyors March 4, 1987 City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 Attn: Mr. Ken Ashfeld, P.E. City Engineer Re: Contract Extension Agreement Upper Valley Drainage Way Dear Mr. Ashfeld: As per our Agreement for Professional Services with the City of Shakopee, Section 1-A - 3-b (Major Projects) , this extension agreement is for the Upper Valley Drainage Way. Orr-Schelen-Mayeron & Associates, Inc. agrees to accomplish the attached Scope of Services for a fee not to exceed $115,440. The City of Shakopee agrees to reimburse OSM for these services in accordance with Section IV of the Agreement for Professional Services. We look forward to working with you on this project. If this proposal meets with your approval , please sign below and return one copy to our office. Yours very truly, ORR-SCHELEN-MAYERON CITY OF SHAKOPEE & ASSOCIATES, INC. Robert D. Frigaard, 7.E. Associate IL,YJJ ' ohn P. Badalich, P.E. ice President RDF/JPB:mlj enclosure _ MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Enginee r SUBJECT: Upper Valley Drainage Project Consultant Services Agreement DATE: March 12, 1987 INTRODUCTION: At their February 24 , 1987 special meeting, Council directed staff to begin alignment determinations and easement cost analysis for the Upper Valley Drainage Project. BACKGROUND: To complete this task, various design information must be i obtained with a detailed proposed routing and possible alternative routing prepared. With this information, an appraiser can be selected to provide alternative easement costs and subsequently, a cost effective routing analysis can be completed. The proposed routing would then be brought back to City Council for approval as a major design element of this project prior to proceeding with final construction drawings. The City ' s general civil consulting engineer, Orr-Schelen- Mayeron , Inc . (OSM) has provided the attached proposal for engineering services on this project. The estimated fee is based upon an estimated construction cost of $2 . 4 million and a percentage rate of (5.659%) recommended by the American Society of Civil Engineers for median compensation for basic services on projects of average complexity . From that amount, 15% is subtracted for the cost of the report already completed, cost of such estimated at approximately $20 , 000 . 00 . From this calculation, OSM agrees to complete the design engineering on the Upper Valley Project for a "Not to Exceed" amount of $115,440.00. RECOMMENDATION: Various development proposals within the Upper Valley Basin are waiting on final design elevations associated with the proposed project. I recommend aproval of a contract extension agreement with OSM to provide final engineering plans for the Upper Valley Project. REQUESTED ACTION: Move to approve a contract extension agreement for a "Not to Exceed" amount of $115 , 440 .00. with OSM, Inc. for the final engineering plans of the Upper Valley Basin Drainage Project 1987-5, cost of such to be funded by the Storm Sewer Fund. KA/pmp UV D ENGINEERING SERVICES UPPER VALLEY DRAINAGE WAY MILL POND OUTLET TO CO. RD. X79 SHAKOPEE, MINNESOTA SCOPE OF SERVICES A. DESIGN PHASE 1. Prepare preliminary alignment maps for appraisers 2. Set up soil testing program and evaluate borings (testing to be paid for by the City) 3. Determine final alignment based on appraisers' reviews and developers' plans 4. Necessary survey work to prepare final construction plans (easement work will be extra) 5. Final project design. 6. Preparation of design plans, specifications and bidding documents 7. Preparation of detailed construction cost estimate 8. Prepare and submit necessary permit applications to regulatory agencies 9. Assist the City in advertising for bids and provide recommendations for award of contract B. CONSTRUCTION PHASE 1. Provide required construction engineering services as follows: a. Periodic observations of the work in progress (once a week - 4 hrs.) b. Preparation of supplementary drawings to clarify working drawings c. Review of shop drawings to determine compliance with plans and specifications d. Review of necessary testing done by testing laboratories e. Final inspection and report of completed project f. Completion of as-built plans for City records MEMO TO: John K. Anderson, City Administrator JI� FROM: John H. DeLacey, Engineering Technician SUBJECT: Holmes Street Basin Laterals, Project No. 1986-1 DATE: March 12, 1987 INTRODUCTION: Attached is Change Order No. 4 and Partial Estimate No. 7 for the above referenced Project. BACKGROUND: Engineering Staff has recently concluded negotiations with the Contractor on extra work items not included in the Contract. The Change Order was written in the following format: Schedule I Deleted Contract Items Schedule II Contract Items Increased/Decreased Schedule III Negotiated Items All of the schedules are itemized in the Change Order attachment. Aggregate total of the changes is a net reduction of $25,042.64 or 2.7$ of the original contract. Partial Estimate No. 7 provides for payment due as a result of work completed to date, including Change Order No. 4. There is an amount of $18 ,426 .22 being retained on the actual work completed until two outstanding damage claims are settled with the respective property owners. ACTION REQUESTED: A motion to authorize proper City Officials to execute Change Order No. 4 to the Holmes Street Basin Laterals Project No. 1986- 1 , decreasing the Contract amount by $25,042.64 A motion to authorize payment of Partial Estimate No. 7 in the amount of $30, 104.82 to S.M. Hentges and Sons, Inc. JD/pmp HENTGES PARTIAL ESTIMATE VOUCHER Contract No. 1986-1 Partial Estimate Voucher No. 7 Period Ending: FnnrgM 28 1987 TO: Contractor H Address P.0. Box 212 Sti kopee MN 55379 - Project Description Holmeg Street Basin Storm Sever Laterals- 1. ate is1. Original Contract Amount $ 9n1 -253 82 2. Change Order No. 1 Thr'u No. 4 $ -19 942.64 3. Total Funds Encumbered $ 921-311.18 4. Value of Work Completed $ 921 .911.18 Value of Work Remaining 5. 2 Percent Retainage $ 18 u26 .2 $ 500.00 6. Previous Payments $ 872 780.14 Percent Complete 7. Deductions or Charges $ -0- 99Z 8. Total $ 891 -206,16 Payment Due (Line 4 - 8) $ 30 Ina 82 CERTIFICATE OF PAYMENT (I, We) hereby agree that the quantity and value of work shorn herein is a fair estimate of the Iwoorr/Jeted to date. CONTRACT��O_�R BY s ~. TITLE APPROVED - CITY OF SSHAKOPEE ' PPPI���/goo���epUEngineer Date X77 //I 'City/ Administrator Date' - SEG . 1 . I I 6 6esi 6 it is -= 1x==6 i 's..- isE' i ='s� 1 =eg _ Fa g - - I _ i esIkvi1 a ismeis a 6 ' " eejeee� ve_� =ewiP> m«mie . 66 a€ LgH . L81 -m8C - I 6 ___ - IRS I __ _ 88166 616681888 ' e - 6e 8881888188816881888 18 .«-.. Ie8W ei58,.". I � I >e�m� -tzio=zimm pvm M€ mE " ;: g8 ': : 888 : 888 8189 _881. .. 6B -z -- -Sib== 1 =« : - 6 8m s6 • ee si 6 i I s _ _ 6 - 13.6.E b :Ie - i I 1 I - 188' 18.«.61888 88818861 e e 666 e :6 me 6 g • - - - @ _CS elm - FIE—- - - 188- I £ : 888 ; 888 81 881 a 1888 888 ' 888188818881 a 6e e5 818�P ' :.816>« 6= .6,5' 1 E81SGS18=" 1 ..« . tee m' I 6 1 1 6 :81€ ' V N a.Y _« « -e+ mom- -=e m 6- _ pi « i - 1 _:. _ « 656 8188 18881 6e e8818e% i88818ee ' e6e1 -= a= 1 I e6 I 1 6 6 Sp.ge I 58.: 1 ___ el8e8188e ' 88= ee818S81 _Se k= 1 _>8 ' �= :€g . e8i 8188818861 66 6881666 =L81 _ GCw1 88 I M32 _ _ _ - i 1 I Pd ' I I I 1 i i i i 1 I I :Sew : Nome Moir im 321 CAN gpimp (\/§ \ � :;; � ;;f � ;;; /\\ � ;; \i\/ ' as* � gas � \;; \ /� §| : 9 l ) \/§ \ \� \� \�//\ \/ \/ \/\ \\ \\ /\ / / \ } / 1. ; .�. ..- : -.-! _ 1 ,._ . �„ ' �,,, : •EE .a ��� )!! | . « -A- -a- e\ Q\ e\ &g \� \� \� � \\ CAANGE ORDER Change Order No. : 4 Project Name: Holmes Street Basin Laterals Date: March 12. 1987 Contract No.: 1986-1 Original Contract Amount $ 941.253.82 Change Order(s) No. —1 thru No. �_ $ 5,100.00 Total Funds Encumbered Prior to Change Order $ 946.453.82 Description of Work to be Added/Subtracted: Schedule I: - $ 2,080.24 (Attached) Schedule III + $27,365.70 (Attached) Schedule II - $50,328.15 (Attached The above described work shall be incorporated in the Contract, referenced above, under the same conditions specified in the original Contract as amended unless otherwise specified herein. Any work not so specified shall be performed in accordance with the Standard Specifications adopted by the City of Shakopee, Minnesota. The amount of the Contract shall be decreased by $ - 25.042.64 The number of calendar days for completion shall be increased by -0- Original Original Contract Amount $ 941 253.82 Change Order(s) No. 4 thru 4 $ - 19,942.64 Total Funds Encumbered $ 921 .311 .18 Completion Date: Sentember 20 1986 The undersigned Contractor hereby agrees to perform the work specified in this Change Order in accordance with the specifications, conditJions/and prices specified herein. Contractor: By: r Title Date: --3 APPROVED AND RECOM101DED: ,City Engineef —� Date APPROVED: City of Shakopee By: Approved as to form this Mayor Date day of 19 City Admfmstrator Datc City Attorney City Clerk Date -------------------------- ------------------------------------------------ PROJECT *:HOLMES STREET LATERALS PAGE 1 PROJ. NO. *: 1986-1 DATE*: 3/10/87 CONTRACT $AMOUNTS BID ITEM LISTING --------------------- CONTRACT CONTRACT EXTENDED ITEM 9 ITEM DESCRIPTION QUANTITY UNITS UNIT PRICE TOTALS -----* ---------------------* --------* ___* ------* -------- SCHEDULE I DELETED ITEMS 10 12" R. C. P. Class V -12 LF 15.16 ( $181 .92) 28 R.C. Flared End Sect. -1 EA 232.32 ( $232.32) ------------------------------------------------------------------------------ 46 7 'Wide Bit. Sidewalk -310 LF 4.30 ($1 ,333-00) 63 Bit. Tack Coat -15 GL 2.20 ($33.00) 65 Seeding -0.1 ACRE 3000.00 ($300.00) ------------------------------------------------------------------------------ TOTAL SCHEDULE I ($2,080.24) SCHEDULE II QUANTITY ADJUSTMENTS (AS PER SECTION 8 OF GENERAL SPECIFICATIONS 2 36" RCP Class II -60 LF 32.31 ($1 ,938.60) 3 33" RCP Class III 5 LF 28.55 $142.75 ------------------------------------------------------------------------------ 4 30" RCP CLass I1I 4 LF 24.61 $98.44 5 27" RCP Class III 571 LF 23.13 $13,207.23 6 24" RCP Class III -903 LF 20.20 ($18,240.60) ------------------------------------------------------------------------------ 7 21 " RCP Class III 375 LF 19.27 $7,226.25 8 18" RCP Class V -171 LF 18.35 ($3, 137.85) 9 15" RCP Class V 56 LF 18. 10 $1 ,013.60 ------------------------------------------------------------------------------ 11 18" RCP Cl V, CB Leads 85 LF 18.71 $1 ,590.35 12 15" RCP, C1 V, CB Leads 12 LF 17 .21 $206.52 13 12" RCP Cl V, CB Leads -34 LF 16.16 ($549.44) 23 Excess MH Depth >8' -3 LF 72.78 ($218.34) 29 Rem C&G 63 LF 1 .15 $72.45 ------------------------------------------------------------------------------ 30 Rem Pipe (All Sizes) 221 LF 5.00 $1 , 105.00 31 Rem MH or CB -4 EA 250.00 ($1 ,000.00) ------------------------------------------------------------------------------ 32 Rem Sidewalk 1723 SF 0.35 $603.05 33 Rem Cone Or Pavement -27 SY 5.00 ( $135.00) 34 Rem & Re-install Hyd 1 EA 600.00 $600.00 37 Rem Bit Pavement 824 SY 1 .15 $947 .60 ------------------------------------------------------------------------------ 38 92331 Bit Base -1974 IN 19.60 ($ 8,690.40) 39 92341 Bit wear 1673 IN 23.25 $38,897.25 40 92357 Tack Coat -913 GL 1 .25 ($1 ,141 .25) ------------------------------------------------------------------------------ tl� PROJECT *:HOLMES STREET LATERALS PAGE 2 PROJ. N0. *: 1986-1 DATE*: 3/10/87 ----'-----' CONTRACT $AMOUNTS BID ITEM LISTING --------------------- CONTRACT CONTRACT EXTENDED ITEM 0 ITEM DESCRIPTION QUANTITY UNITS UNIT PRICE TOTALS --_-* ---------------------* --------* ---__f ------* -------- 41 Cl . 5 Agg. Base 2427 IN 5.90 $14 ,319.30 ( 100% Crushed) 42 8" Conc.Drive Pavement -27 SY 24.00 ($648.00) 43 4" Concrete Walk 4074 SF 1 .75 $7, 129.50 ------------------------------------------------------------------------------ 44 B-618 Cone C & G 1245 LF 6.75 $8,403.75 45 6" Bit Curb -432 LF 2.20 ($950.40) 47 Cone Saw Cut 28 LF 3.85 $107.80 L, ---------------------------------------------`-- 48 Rock Excavation -1714 CY 47.90 ($82, 100.60) 49 Sand Pipe Bedding -1108 CY 3.00 ($3,324.00) 50 Sod 806 SY 1 .95 $1 ,571 .70 ------------------------------------------------------------------------------ 51 4" Insulation 2229 SF 3.65 $8, 135.85 52 Lower Water Main 4 EA 916.00 $3,664.00 53 San Sew Sery Connect 20 EA 67 .00 $1 , 340.00 ------------------------------------------------------------------------------ 54 4" CISP (Extra Heavy) -40 LF 10.40 ($416.00) 55 6" CISP (Extra Heavy) 118 LF 12.23 $1 ,443.14 56 3/4" Copper -891 LF 7.80 ($6,949.80) ----------------------------------------------- 58 Rock Excavation -44 CY 49.90 ($2, 195.60) 61 02331 Bit Base -12 IN 22.50 ($270.00) 62 02341 Bit Wear -12 IN 24.50 ($294.00) ------------------------------------------------------------------------------ 64 C15 Agg Base( 100% Cr) 7 TN 6.60 $46 .20 -----* ---------------------f --------* -----* ------ TOTAL SCHEDULE II ($50,328. 15) PACE 3 CONTRACTOR'S REQUESTED NEGOTIATED ITEM DESCRIPTION AMOUNT AMOUNT "A" STORM SEWER AND ROADWAY RELATED ITEMS 1 60 Ft. - 8" PVC temporary storm $360.00 $0.00 line at 5th & Apgar to keep existing storm line open. 2 Remove stump at 7th & Lewis, remove $850.00 $875.00 tree and stump at 7th & Lewis, remove tree and stump at 6th & Sommerville . 3 Price difference on 3" - rock to $103.36 $104.88 stabilize poor soils on 2nd Ave. between Atwood and Scott 4 Relaid 32 Ft. of 18" pipe between $640.00 $350.00 M.H. 9-3, M.H. 10-3 (5th and Atwood) to gain enough clearance to miss watermain. Saved on cost of lowering watermain. 5 Change of grade on 2nd Ave. between $1 , 184.00 $1 , 184.00 Scott and Apgar. Raise grade approximately 6". 6 Prepared intersection of 5th & Pierce $89.00 $178.00 for Class 5 base. Intersection complete. City decided to add C.B. to intersection as an extra. 7 At the intersection of 5th & Pierce $414.00 $0.00 contractor had to jackhammer into two existing M.H. ' s for additional catch basins to the project. 8 Contractor. requested payment for $300.00 $0.00 removal of three (3) large boulders. 9 Contractor requested payment for 36" $487 . 10 $487. 10 pipe returned to North Star Concrete (restocking fee) that was deleted from the project 10 Reconstruct catch basin at 3rd & Lewis $350.00 $300.00 and 3rd & Sommerville due to grade change. PAGE 4 tt� CONTRACTOR'S REQUESTED NEGOTIATED ITEM DESCRIPTION AMOUNT AMOUNT "A" STORM SEWER AND ROADWAY RELATED ITEMS 11 Contractor submitted a job cost report $8, 920.57 $8, 920.57 from his sub-contractor (Don Lind Blasting) for rock excavation on this project. The contract amount for rock excavation was 2200 C.Y. The amount of rock excavation as measured in the field during construction amounted to 484 C.Y. This is 22% of the contract quantity. Due to the extreme difference City Staff felt that negotiating a new price on rock excavation to reflect the contractor' s costs was warranted. The original cost for rock excavation was 47 .90/C.Y. The negotiated cost is _( 66.33/C.Y. As the contractor had already previously been paid for 484 C.Y. at 47.90/C.Y. the negotiated cost adds $8,290.57 to the contract. 12 Contractor also requested extra $9, 129. 12 $0.00 compensation for removal of excess material due to pipe and M.H. displacement in areas where there was no rock excavation and rock excavation had been indicated on the plans. 13 Price difference between B618 concrete $3,062.22 $3 , 043.20 curb & gutter and B624 concrete curb and gutter. There was not any B624 curb & gutter in the contract bid item. Contractor requested 1 .61/L.F. and the negotiated cost is 1 .60/L.F. There is 1902 L.F. of B624 on the project. 14 Due to the unusual height of the $250.00 $250.00 concrete curb & gutter at the S.W. �'- quadrant of 3rd & Lewis, the contractor + had to pour a special integral sidewalk w/curb & gutter, not covered in the contract. Contractor requested 5.00/S.F. at 50 S.F. 15 City requested the Contractor to install $584.50 $584.50 6 x 6 WWF mesh in the concrete walk and driveway at the fire station. This is and addition to the contract of 0.50/S.F. at 1 , 169 S.F. PAGE 5 CONTRACTOR'S REQUESTED NEGOTIATED ITEM DESCRIPTION AMOUNT AMOUNT "A" STORM SEWER AND ROADWAY RELATED ITEMS 16 City requested the contractor to use $1 ,215.00 $1 ,215.00 2341 modified in place of 2341 bituminous pavement on 7th Ave due to the different method of placement. Additional cost to the contract is 1 ..00/ton at 1 ,215 ton. 17 Contractor lowered 80 catch basins in $2,400.00 $0.00 order to have 611- 8" of adjusting rings (according to specifications) . 18 Contractor request payment for M.H. $1 ,513.12 $1 ,513. 12 size change from 4 ' M.H. to 7' M.H. at 7th & Apgar. There is no pay item in the contract for 7 ' M.H. ' s. 19 Contractor had to remove a flared end $300.00 $246 .00 section he had installed earlier as it did not fit the grade. "B"SANITARY SEWER RELATED ITEMS 1 Rerouting of existing sanitary sewer $985.00 $539.15 service at Lot 6 Block 35 (2nd & Apgar) due to grade conflict. Contractor had to run sanitary service through the storm sewer line. 2 Due to grade conflict between existing $925.00 $634.15 sanitary sewer & new storm sewer on Lewis Street between 2nd & 3rd Ave. contractor had to run library service through storm sewer. 3 While excavating at an existing storm $495.00 $365.15 sewer sewer M.H. on Lewis St. (between 2nd & 3rd Ave. ) to tie in with new storm storm pipe, the contractor damaged an existing 10" sanitary sewer line that was not shown correctly on the plans. Costs shown are for repair of 10" line. PAGE 6 I�( CONTRACTOR'S IJ REQUESTED NEGOTIATED ITEM DESCRIPTION AMOUNT AMOUNT "B"SANITARY SEWER RELATED ITEMS 4 Contractor' s blasting operation damaged $1 ,790.85 $1 ,549.76 an existing water and sanitary sewer service at 2nd Ave. & Atwood that was located on the west side of the street. As there were no records as to the services exact location, contractor was unaware the service was there. Costs reflect 3-man crew repair work from 7:00 P.M. - 2:30 A.M. including materials and equipment. 5 Due to grade conflict between existing $375.00 $347.18 sanitary sewer and storm sewer contractor had to run sanitary sewer service (Reis' s Plumbing) through storm sewer. "C" WATER RELATED ITEMS I 1 Contractor repaired 12" watermain at 2nd $1 ,685.00 $808.50 & Fuller that was damaged during excavation for storm sewer. Bends on 12" line from previous watermain lowering were not in the location indicated by SPUC. 2 Contractor lowered and replaced 2" $375.00 $203.90 copper water service Lot 7 Block 32. There was no pay item in the contract for 2" copper. 3 Contractor replaced two (2) corporation $300.00 $150.00 locks for water service that were leaking Lot 8 , Block 32, Lot 8 Block 33. k 4 Contractor lowered existing water $2,975.00 $2,142.00 services (no new material) at 17 locations. Contract has an item for water service lowering & replacement, but not for only lowering of existing service. Staff determined an average length of service lowered and paid the contract price for 3/4" copper minus the materials cost. 5 Contractor replaced two (2) curb box $170.00 $170.00 stand pipes found to be defective while lowering the water service. Lot 3 Block 84 ; Lot 6 , Block 33. I PAGE 7 CONTRACTOR'S REQUESTED NEGOTIATED ITEM DESCRIPTION AMOUNT AMOUNT "C" WATER RELATED ITEMS 6 Contractor had to redig to verify for $150.00 $104. 50 SPUC the clearance between the watermain and storm sewer from M.H. 14-1 to C.B. 14-1 (7th & Atwood) . 7 Contractor is requesting extra $699.89 $306.50 compensation for work done on 120 L.F. of 8" watermain ( Change Order No. 3) at 7th & Lewis. SPUC was unable to shut off the water valves completely while the contractor was lowering the watermain. Contractor had to use crushed stone to stabilize the soil in order to lay the new watermain. 8 SPUC required the contractor to use a $880.00 $571 .04 different method of "tie back" for the watermain lowerings than was shown on the plans. 9 One-foot hydrant extension was required $300.00 $222.50 for hydtrant at 2nd & Atwood when the hydrant was relocated to within 1 £t. of property line. TOTAL SCHEDULE III $44,257.73 $27,365.70 TOTAL SCHEDULE I ($2,080.19) TOTAL SCHEDULE II ( $50,328. 15) TOTAL SCHEDULE III $27 ,365.70 M GRAND TOTAL ($25,042.64) S M.Hentges Sons 117 P. 0. BOX 212 SHAKOPEE, MN. 55379 (612) 445-7004 CITY OFSi-1GP== 129 E -IRoT AVE. SHAKOP==. MN. 55375 A-TN: KEN ASH=-E-D JANUARY 14. 1387 - RE: -EXPLANATION OF EXTRAS DATE C__-SCRIPT:ON COSTS AL' S CREW - - - 5600A LINY.BE_T 1 : E-30-86 Repair 12" watermain atcorner of. 2na and Fuller Art from BPUC indicated that the bends were back by the valve. The WR was was lowered by Barbarossa in 1980. Art was off by 25 ft. . _ 1 sumo 85. 02 1 12" 45 degree bend 150. 00 1 12" sleeve 25. 00 .2. hrs full crew for repairs _ - 800. 00 2: 7-2-86 Lower and replace 2" cooper for Lot 7 Block 32 - - 37T. 00 3: 7-3-86 When dug uo to lower water service. the foreman noticed the corn on main was leaking_, and was advised . - to reolace it. - _ . . Lot 8 Block 33 150. 00 Lot 8 Block 32 - 150. 00 4: 7-9-86 Lower water service, no new material. labor use only. Lower aoorox. 1-2 ft. No oav item for lowering only. - -' We are asking for 87. 00/ft. averagelength or 25 ft. 2nd and Atwood service goes south down west side of street to and house on west sloe of road. Lot 6 Block 33 - 175. 00 Lot 10 Block 76 - - 175. 00 Lot 1 Block 76 _ 175. 00 Lot 10 Block 79 175. 00 Lot 1 Block 79 - - - 175. 00 - Lot 2 Block 84 175. 00 Lot 1. Block 84 - - _ -. :.. : --,175. 00 = = _ot 4 Block 85 _ - _ . _ . - 175. 00 Lot 3 Block 85 - - - 175. 00 Lot 1 Block 29 - - - - 175. 00 GENERAL CONTRACTOR SEWER & WATER. EXCAVATING. SITE DEVE1 00I1aG. TRUCKING R HEAVY FM I!?nagNT nnrnnn!n -------------- 505 West 7th i75. 00 515 West 7tn 175. 00 523 West 7th 1 /5. 00 Lot 2 Block 81 175. 00. Lot 3 BLOCK 81 1I5. zo -ot 4 Block 81 175. 00 Lot 2 Block 51 175, 01; 5: 7-22-86 exoose mouse service Lot 6 BLOCK 35 to Determine what to do with service. Sewer main too hien to Do under storm sewer. 1/2 crew time 200. 00 6: 2ntl and Aegar, out in FES according to Dian in the A. M. That afternoon got recuest from City to remove it, that it would not fit the orace. r Put in and take out Fes and mud UO CB structure - - 300. 00 7: 7-24-86 Got decision on Lot 6. Block -35. Ran sewer through storm line. Material uses: 20' 6" DiP. 2-6" Fernco' s. 4 Ton Rock (1-1/2 clear) . 1 bag Portland Material 885. 00 Labor - 500. 00 8: 8-1-B6 60 ft. B" PVC temoorary storm line at 5th and Aogar. City wanted us to keep line open to facilitate the CB. Labor .and material - - - - - 360. 00 5: 8-8-86 When tieing into storm line between 2ntl and 3rd on Lewis. sanitary line run ov MH on Dian shows line 3 ft. below grade for 42" Dice. hit sanitary 4" below invert of 42" line. ,Material : 8' 10" PVC. 2 10" Fer•nco' s Materials 145. 00 Labor 350. 00 10: 8-11-86 Put 4" sanitary service line through 42" storm sewer I ine at Library.. Sanitary sewer too hJMn to go under- neath new storm sewer line. Air comoresssor rental (oar day) 110. 00 2 hrs. full crew B00. 00 2 bags Portland 15. 00 JAY' S CREW 225 CAT BACKHOE - 11 : 6-23-86 Duo uO to reclace water line and found stand oiDe to be broken off about 8" under the sad. Advised to reclace it so it would be ooerational. - - Lot 3 Block 84 New stand Dine - - - e5. 00 Lot 6 Block 33 New stand dime 85. 00 12: 6-25-86 Sewer and water service not located on Plan and no one had anv knowledoe that the service ran on the west side of Atwood from 2nd, admrox. 80-100' to service Lot 6 Block 33. When Lind blasted tnrouan the inter- section of 2nd and Atwood thev disrupted the sewer and water service. This took olace in early afternoon. Amout 5:00 o. m. the ladv that owns the house came out to ask if we snut off her water because sne old not have anv. After investimatind we found that both her sewer and water had been dama_oed Curino avnarnitino_. To met the ladv' s water- in cIoeration, we stayed and fixed the service. Labor: Suoerintendent-7. 25 hrs. x 43. 80 Foreman 7. 25 hrs. x 31. 40 Operator 7.25 hrs. x 34. 90 TOTAL LABOR: 7'J8. 22 Material : 50. 5-6" ex CIP x 5. 23 60- 3" Comoer x . 80 I- Cooler-Cooper @ 10. 05 TOTAL MATERIAL: 322. 12 Eouimment : John Deere Backhoe 6 hrs. x 40. 00 950 Loader 1 nr. x 55. 00 TOTAL EQUIPMENT: 295. 00 15% Overhead 212. 33 10% Profit 162. 78 13: 6-26-86 Redid to verify for SPUC the clearance on their WM from MH14-1 to CB14-1 and recomoact 1/2 of full crew time 150. 00 14: 7-1-86 Lowered 80 CS to met more ad3 rinps or, so tnat if the street was ever reconstructed and _orate cnanoe was not drastic, the structure would work. Labor @ "-21. 00 each 800. 00 Extra cement in invert and adi rinps @ 20. 01 each 1600. 00 15: 7-20-86 Remove Sturno at 7th and Lewis Ib0. 00 Remove lards tree and stumo at 7th and Lewis 350. 00 Remove tree and sturno at 6th and Sommerville 350. 00 16: 7-20-66 Size cnanoe on MH14-3 (7tn and Ammar) from 4' -7' Due to the fact that the number of mime cominm into this structure that a 4 ft, would not accommodate these Dime. 1-4 ft. rnannole 837. 28 1-6 ft. rnannole l5t3. 12 17: 7-26-86 Price chance on 3" minus rock to stablize moor soils on 2no and Atwood and Enc and Scott 152 Tor. x . 66 103. 2.. 16: 7-30-66 Sewer service for Reis Pyumoirci Heatino builcinc a_s_ run Down the street in same iodation as Described above. When runnino storm sewer line in behind his nuiidinc, we found his saratary service and ❑ad t•D out to oua" ou'r =storm. lure. Materials: 1S` -4•' ex C_- P. 1-4" bend, 2-4" Pernor_.+ s. i bao_ oortiand Materials 150. 00 Labor 225. 00 19: 7-31-66 Relaved 32 ft, of 18•• oioe between MM9-3 and (5th & Atwood) MHiO-3 to Dain enouoh clearance to miss WM. This price is cheaoer than looting the WN. Costs saved to the Citv was $476. 00 640. 00 20: 8-5-86 Chanoe of crade on End betweer. Scott and Houar. Raise crade about 6••. DE5E dozer 6 hrs. x 80. 00 480. 00 Compactor 1 nr. x 75. 00 75. 00 1406 Cat 2 hrs. x 85. 00 170. 00 ^c Bellv Dumos (4. 5 each) 3 hrs. x 51. 2.0 459. 00 21 : 8-13-86 Preoared intersection of 5th and Pierce for rock. intersection comoiete. Citv ceciaed to add 3 CB to intersection as an extra. Reeuestinc_ oav_ for: 2 nrs. bobcat 51. 00 2 hrs. Labor 36. 0" 22: On same intersection as mentioned above. MH13-2 was comoleted w/invert. We are askina for coasts to Jackhammer in this MH and MH located in NE corner where other CS was tied into. Air comoressor rental 110. 00 4 hrs. , 2 laborers x 38. 00 304. 00 23: Chance Order No. 2 was to lower- and replace about 120 LF of 8'• WM. City was to shut off water. cue to the ace of the valve, the Citv could not o_et water shut off completely. which was anticipated they could. We are askino for ad- ditional labor and rock.. The rock was used ..ruder the oioe then a Dumb was installed and water removed from ditch. Add' 1 labor- and rock 82. 34 tor, x 8. 50 699. 85 24: Boulder Excavation: There is no oav item for this Did or000sal. but when the rock oets to be a size that it can hardly oe taken out of the hole to Diace DiDe. 1 feel we shnulo be reimbursed for it is very harp or, ecuibment. 3 very large rock @ 100. 00 each 300. 00 25: 8-16-86 after job is bid. SPDC says this is not the wav we want the WM to be loweroc. we want the joint tie back with tie rod to the closest joint each way. Additional Costs : Material 4 x 135. 00 540. 00 Labor 4 x 65. 00 3"0. 00 26: Accomoanvino this request is a return slid for oioe returned to North Star Concrete for a niece of 36" bide deleted from job after oioe was or. site. Location of deletion is 7th and Shumwa_v from MH14-5 to and includ- ing MH14-6. 467. 10 27: At various locations of the job, the curb size called for B624. The only bid price there was in the or000sal was for^ B61S, so we are asking for an .additional 1. 61/ft 'to be added to the B618 price. 28: - Previously upon agreement with the City engineer, we are asking that a 1. 00/ton for 2341 modified be added - tothe cost of 2341 mix. 23: Reconstruct catch basin due_ to grace chan_oe Third and Fuller - - - - - 175. 00 Third and Lewis 175. 00 30: One ft. hydrant - extension due to chance of landscaoing Second and Atwood - - 300. 00 31 : Here is a job cost report from Don Lind Blasting. our SuoContractor for blasting. According to the boring. "there was to- be about 2200 cubic yards of rock excavation after the job was comnleta. Lind was paid for 484 cubic yards which is less than 25% of the job. The majority of the cost dame form test drillino various locations to find rock. We feel with this kind of shortaee, it could be paid on a cost + basis. Below are the charbes. Cost concurred to date: 26532. 37 Don Lind 10% Profit 2653. 24 _ S.M. Hentges 10% Profit 2918. 56 TOTAL - 32104. 17 Paid on Contract 23183. 60 -BALANCE .'.. _ _.- -__89c'0. 57 - _ _ .. 8920. 57 -. 32: When I oic this lob I calculatec that so many cubic vares of material would be excess cue to these facts: 1. Pine cisolacement 2. Manhole and catch basin disolacemenc . Rock Excavation There was about 3300 LF or oloe in the rock. Ploe size ranted from 12 CB lead to 42" RCP. Tne formula used was 3306' lone x»-1/2" wide x 4' teet c:vsded by 27 cu. vd. x 1. 3 expansion factor which is about 2860 cu. vd. of excess material on this Portion of the _rot). which exca- vated 2200 yes. was close to our figure if i haul away all the materials. There was a Pav item for sand Pioe bedding ( 1500 cu. vas. ) which is used to out 6" around the oioe when laved in rock, of which 392 cu. vds. was used, the sand bedding was bid ' -to be taken off the high streets in town where there was also excess material. Now that the rock excavation under- ran by 75% plus, the excavation and truckino costs of this excess material was in the rock excavation instead of Lite "Price. We still excavate and haul the material away reoard- "less of rock or other material. Here is a breakdowm of the rock excavation trice. Don Lind Blastino Based on atorox. "22200 cu. yds. Blasting 39. 90 _ Mise. Utility Reoair _ 1.00 Excavation and Trucking - 5. 32 Bond Charge/Overall Profit 1. 68 - " - Based on a tnorouch exttanation. 1 would lix.e to ask for - the following charges: 'Cubic YardsofRock - - - 2200 Paid under Rock Excavation 464 Cubic Yard Balance 1716 1716 x Original Price of 5. 32 9i29. 12 At this time I would like to thank ,you for the oatlence of - ' - reading this letter and hearing me out. i have eniovec worKing with the City of ShaKPtee and its staff on this Project very much. 'St ', M enr pes S. M. Hentpes & Son_. ?nc. I y P.O. BOX 367 BARBAROSSA AND SONS, INC. OSSE 612145-446 55369 Don Lind Blasting GENERAL CONTRACTORS Division Barbarossa and Sons, Inc. P.O. Box 324 Berlin,Wisconsin 54923 August 15, 1986 414-361-4828 Mr. Steve Hentges S.M. Hentges and Sons, Inc. P.O. Box 212 Shakopee, MN 55379 RE: Holmes Street Basin 1986-1 Dear Steve: Enclosed is a copy of Don Lind's job costs for the above referenced project. If any other costs come in, I am sure they will be minor. I have added the costs for the house checking and direct overhead. Even though we were unable to get into the homes, the effort was made and it was an expense. I feel that, under the circumstances, we should expect to recover our costs and are entitled to a fair profit. Please let me know if I can supply any further information. Very truly yours, BAHBAROSSA AND SONS, INC. R Obert Barbarossa President JULY 31, i986 ( U PAGE MONTHLY JOB COST REPORT 08-01 322 HENTGES - SHAKOPEE 90,174 .00 - - - - - _- <----TO-DATE----?-<—THIS-YEAR-==>-<=-- PREV-YEAR AMOUNT AMOUNT AMOUI 10 LABOR - 4,387.96 4,387.96 - : -20 MATERIAL._ _ _ ___.___._._—__—____. 4,086.25 .. __-_____.-_ 4,086.25--_..__ 7100 RENTS OTHERS 100.00 100.00 7300 EQUIPMENT RENT OURS 4,800.00 4,800.00 -7500 MISC. COSTS- - 566;61----566-.61------ 7600 HEALTH 8 WELFARE 877.00 877.00 7700 SUBSISTENCE 417.60 417.80 - 7800 MOVE EQUIPMENT----------480-.00-----1,80;00-- 7900 ----48000--- —480c00 —7900 DIESEL FUEL 934.17 934.17 7910 P.R.TAX/INSURANCE - 5,878.58 5,878.58 -7912 BOND-----676-00-------------676.00- 7913 -676.00 —676.00-7913 GENERAL SUPT. 474.00 474.00 JOB TOTALS -- - -- --------- 23,678.37-- 23,678;37-----` S i 110 �o �o m c � 3 }-i�:l:qa9 W • ON • ' m ' (� N •-1 D w Z N RI V C N O m P L m 9 3 Z , ! O N z • 31 oOI V� O• O N N N A % O1 • ! < N N N Y N + A N co N a tJ a > C N a 4t P P o Y 8 O 01 z P 6 R _ 9 N • V 111 Z e� (f D tT yC N O O iC W n zi o M - 9 p E Z 7 m a o g o o o:'o Et z 7 _ QF gg�1 n Om v o=i n \ Ul UZ.-M. C Bax 215. Shakopee, Minnesota 55379 Crashed Red Lime Rock - Agricultural Lime - Concrete Aggregate Railroad Ballast - Seal Coat Chips - Riprap TELEPHONE: - QUARRY-445-2190 OFFICE-445-3900 ACCOUNTNO. DATE • S.M. HENTGES 86-63 /s 30 004186 07-31-86 1523 W. 3RD ST. - --R.D._ --BOX 142 Mlti 3� SHRKOPEEI MINN 55379. x(o0 t T.v-1/ l �' y A FINANCE CHARGE OF 1.333%PER MONTH WILL BE APPLIED ON UNPAID BAIANCE PAST DUE 3O DAYS. d ICE -WEI .. -..: ROCK PRICK :RDC ie..� E pEL By ,'INVOICE AMDUNT NUMBER -�PDUNDS Y= TONSKa XPER:TOND AMOU W 394 AX PERT0W4.AMOUNT�' 137_00 50400 25. 20 3. 30 83. 16 4. 99 88. 15 7 -_4500 .z:•. i.@ L: , . _;- . ,,,_, . --1-371.1 48300 24. 15 3. 301 79, 70 4. 78 84. 46 1. 8.. . .d.5 200= ,a2 . 60: 3.391 _5 . c.0 .M 41794 50000 25. 00 3. 30 B2. 50 4. 95 87. 45 80 :4890 . 5 - "30 'e . i:�. - & .u. - " 41808 31000 15. 50 3. 30 51. 15 3. 07 54. 22 9 - Ay_ 0 :r 7_w,-47r59w•._� ,Evl, eTidNo',, 3A 2= e'a . upm 496 �, 21862. 50CR '$e 800s ao^.. IW' nv'iso• _ ' g 13813 51200 25. 60 3. 30 84. 48 5. 074 89. 55 82 ' :' 50800 5.:40.8 ; x .- F, r 42049 49400 24. 70 3. 30 81. 51 4. 89 86. 40 i. 20 �. 00, • 0tx s4_x1,..*3 Frie:i...,'.. ;.ti ,.,. `. 42082 49100 24. 55 ] 3. 30 �81. 02� - 4. 86 85. 86 0oT ...00� "I- - 07 - . .. 0' -.t+2 w'13- :2'`aL .. � ser :.tn"-=- � = 42099/ 47800 23. 90 v3. 30 78. 87 4. 73 83. 60 y: . 100.; 66004 X23. 30`.: ..-. 0 a,�r _9.:a L. :e:...;5. sffxrY Eux aim_ e= 42174 30600 15. 30 '. 59. 67 3. 58 63. 25 M-4-_ :a 29400:;W {;1- :70;y :90' ;�.-.57-:.3-: .-44w . ril.sm�_::Tari ;- ,. 0'x7 42191 / 2990014. 95 3. 90 58. 31 3. 50 61. 81 1 -ul : 60 _ =71-997 , .. szsc:s:ecs. ]° '2'Lj` 4.25209 489_00 24. 45 3. 30Y 80..669 4. 8485. 53 42215 50000 25. 00 3. 30 82. 50 4. 95 87. 45 d _ 42218- 44100 22. 05 3. 90 ' 86. 00; 5. 16 �� ` 91. 16 «es:._e::< ..i�aC�. :'u. 7 r9Si9 - ., .. 42338 43300 21. 65 3. 30 - 71. 45 4. 29 75. 74 -1300..: 0 _ - - : .� 9;,..§i « .;.: -d F it r;: 42354 51400 25. 70 3. 30 84. 81 5. 09 89. 90 14434 48000 24. 00 3. 30 79. 20 4. 75 83. 95 0500 42384 50800-75. 4F 3. 30 63. 82 5-03 88. 85 ....•::..__: ., __�_ s':fir... d. cs+e:«•. _`--.- ".. PRGE 5 TRENT .;t- .- OVEfl 3O DAYS ro.. OVER BO DAYS�Z^'14,1, =O,,rERWDAYS ^-`FINANCECHARG -_ - ACCOUNT AGE ANALYSIS ORIGINAL Don Lind Blasting Ka� A Division of Barbarossa & Sons , Inc. P . O. Bos 324 Berlin, Wisconsin 54923 (414)361-4828 or 361-4844 aL7 July 18, 1986 S. M. Hentges & Sons, Inc. 1513 3rd Avenue, West -- Shakopee, MN 55379 Attention: Steve We feel we should bring it to your attention that we may have to go back to the City of Shakopee for a.-change in our price. The way it'.looks now, the rock is going to underrun on this job, exactly how much we don't know. But if it's a considerable amount like 203, we feel we would have the right to ask for an adjustment. Ile will keep in touch with you on this matter. Sincerely, Lynda Miller DON LIND BLASTING 04UZLng and b4"ting con taactoa Roz bai.dg", zani,ta g 4 me , waten main, and aaann ". Ilk MEMO TO: John K. Anderson, City Administrator FROM: Steve Hurley, MIS '0>�� SUBJECT: Local Area Network Purchase DATE: March 13, 1987 INTRODUCTION: $30 ,000 .00 was budgeted for purchase of local area network hardware and software. $5,000.00 has been used to date for the Police Department's local area network. Four vendors have supplied quotes for the network system and all have been under $15,000.00. Above $15,000.00 the City would be required to write specifications and go out for bids. BACKGROUND: It has been the City ' s intention to install a local area network since it was first decided to use personal computers instead of a mini computer system. Attached is a diagram indicating the currently proposed network. Also attached is a system comparison sheet. The Stearns computers have served their purpose well and will continue to provide word processing and spreadsheet functions on a stand alone basis. However, they are functionally obsolete for networking use. The Stearns will be replaced by network compatible workstations in three locations; Engineering, Planning, and Building. A new workstation will be installed in Planning and the new CAD system workstation in Engineering will join the network for a total of 5 stations. It will also be possible to connect the relatively new Stearns computer in Finance to the network. Future network expansion would probably include a second workstation in Finance and one in Administration. Other expansion possibilities would include City Clerk, Fire Department, Public Works, and Receptionist. The network hardware and software quoted will be compatible with both of the systems currently installed at Police and Community Services. The hardware is supported locally by TRW a large electronics I IIK I j firm. Rationale for selecting Quannon based on cost is as follows. The total system cost differs between high and low quotes by only $555.00. Cost per workstation differs by $111 .00 among 3 Local j Area Network March 13, 1987 Page 2 vendors, the fourth is effectively eliminated because their system involved only 3 workstations. The cost per megabyte of disk storage among the 3 remaining vendors is lowest for Quannon Data Products because their system is 70 megabytes and the other two are 40 megabytes. RECOMMENDED ACTION: Based on a comparison of features, such as capacity and speed, number of workstations , and intangibles such as support , cooperativeness , etc. it is my recommendation to purchase the Multitech/Novelle Local Area Network from Quannon Data Products. Quannon is the company we purchased our CAD system from and we have received excellent help and support. Quannon contracts the software support to MICROLANS a very reputable company specializing in Local Area Networks. I REQUESTED ACTION: Move to accept the quote of $14,995.00 from Quannon Data Products for a local area network consisting of hardware-, software , installation, and support. SH/pmp NETWORK IC o Z z � z lox C �- P A6 v i 6 O b, I O � I = s -rv� I IPit A S I p z a � m i [ OFFICE i I QUANNON PRODUCTS WESTIN WOULETT I I I i I I I TELEVIDEO I I FILE SERVER I MULTI TECH I COMPAQ I PERSONAL ! MOLECULAR I 1 TYPE I ACCEL 900 ! DESKPRO IMINI PM/286 1 16 I i I i i I I (Hard Disk 1 70 mb 1 70 mb 1 70 mb 1 40 mb i (Capacity I i I i i I (Tape Backup I 60 mb 1 60 mb 1 45 mb i 60 mb ICapacity I I I I I I 1 1 I ! [ I I ! 1 !Ram [ 1 mb i 1 mb 1 1 mb 1 0.64 mb 1 ICapacity ! ! i I I I I i [Hard Disk I I I I 1 [Access Time ! 30 ms 1 30 ms ! 30 ms I 40 ms i ! ! i i (Printers 1 2 Serial 12 Serial 1 1 Serial 1 7 Serial I (Accessible i 2 Parallel 1 3 Parallel 1 1 Parallel I I Ion Network i I 1 I I i I ! I [ 1 I I ! I i (Chip Type ! 80286, ! 80386 , ! 80286 180186 , Z80 I I& Speed 16 & 10 MHZ 18/12/16 MHZ 1 8 MHZ ! 6 MHZ i I [ I I I I 1 I INo. of Users 1 9 I 9 I 8 I 8 I I I I I 1 ! I I I 1 I I !Expandability ! 128 Ports 1 128 Ports 1 24 Ports i 48 Ports I I I I I 1 I I OFFICE I ! QUANNON PRODUCTS WESTIN WOULETT I ! 1 I I i I I i I WORKSTATION i MULTI TECH i LEADING I TYPE I LAN 700 ! EDGE D i TELEVIDEO I GENESIS i !CONFIGURATION !Two 360K !Two 360K lDiskless Ione 360K I I (Floppy Drives (Floppy Drives IWkstation !Floppy Drive I ! 1640K RAM 1512K RAM 1512 RAM 1640 K RAM I ! 14.77 & 8 MHZ 14.77 & 8 MHZ 14.77 MHZ 14.77 & 8 MHZ I ! 12 Parallel Ports! 60 mb 11 Serial & 11 Parallel Porti I 1 ! 11 Parallel Portl I I ! ! I I [NETWORK !Tiara 286 (Advanced IPM/Netware 2.0 (Novelle (Type ! (Novelle !Netware 286 I (Novelle !Advanced I I !Advanced I (Novelle) (Application !Netware 2.0 1 1 !Netware 286) 1 (Software) I i I ! I ! ! I (SERVICE (Hardware ITRW !Office Products !Westin IWoulett I (Software IMicrolans IMicrolans !Westin IWoulett I I I ! 1 ! I I ICOST (Total i $14,955 i $14,783 i $14,690 ! $14,400 I 1# of Wkstations! 5 ! 3 I 5 ! 5 1 IMb Storage ! 70 i 70 i 40 I 40 I ! $/Wkstation I $2991 1 $4,928 ! $2938 i $2,880 I 1 $/Mb ! $214 1 $211 I $367 I $360 MEMO TO: John K. Anderson, City Administrator L A FROM: Steve Hurley , Engineering Technician 5PA SUBJECT: Purchase of Traffic Counters DATE: March 13, 1987 INTRODUCTION: The Engineering Department has $6,200.00 in its Capital Equipment budget for the purchase of traffic counters in 1987 . BACKGROUND: Three vendors have provided quotes for four (4) solid state counters with computer interface capability and software for analysis of counts. The three vendors and their respective quotes are: ACT Electronics, Inc. $ 6, 190.00 Traffic Engineering Services $ 6,575.00 Golden River Corporation $11 ,250.00 RECOMMENDED ACTION: Accept the quote from Act Electronics, Inc. in the amount of $6, 190 .00 for four traffic counters and related hardware and software. REQUESTED ACTION: Move to accept the quote from Act Electronics, Inc. in the amount of $6 , 190.00 for four traffic counters and related hardware and software. 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O re O O e O to o O O O I nm x m a s n z r o K a v T a y N m x a s 0 9 m m x 0 m m c z aJ y A Nm 4 O ro ou 041 a oo m 1 I � ' i I I• I r z I m T i 0 I I I I I I I I I I I I I i : i i W 1 1 O 0 i J m 9 N > N O a m n m N OW' O O O q 0 -7 O O g O M O O D .. O �O O u NM N .i O L- 0 In �O in N M N N .Ni M N 11 U m > m m W N d O Y W O m 0 O m N H m (Lll > N (Llm E C 3 L G W m G 1 1 +> O 0 U W O O O N p U 2 O Z O GW N 6 to E V h G .] O q E0 0 h m.+ +> a� W W O m 4 A m W q W m O C m W a d 00 Z L Y m O s p Y IA p 00 .i N m O NW N N N M M M M M M U N N N NNN N NN N NN N N w N m M M N1 M M M N N N NNN N NN N WN N N N N N N N N N N CO C > (� E E l9 Op m W O O m V L m m ti m U U U h E fi U d q d f. ri N O O A O U M M N M InIM W h h p O O m a O O a 0 I > ML�MN NIIn R1 h � C L m dJ di •i .J' W Y\H N m U 6 v E E E E E E E E 6 E Shi U d C C m G y $ y} N O O 4 O C W Z 0 O U ¢ W OO �O.S�O .� O N O M, O O q 0 -7 O O to 0 0 0 m W N N t O H N O D S r O Q O t N O W t- N Y O O t` In In O > N p 6 N N H G C a W G N F C E O m N Y [¢[�� 9 0 > O 0 0 0 000 0 00 O 00 O O O 0 0 0 0 0 O v N a> W C y a 0 0 0 000 O 00 0 00 O O O O O O O O d U •iW NH NH NN N.i O.i 0 0 0 >0 0 0 O.i W10 N M rl In tiNWW O O S 000 O S> O t-O 1 .i -! M .i O O SSS000 SS S SNSti OS N H N S000 00000OO H MH O N N O N N 4N O N 4 N 6 M .-1 O O O O O O .i (3 L ✓ O\ 0` O\ O\O�01 D\ (T N O\ �W In M M M M M W �O E GI N N D N.i N.i W.i .0i 0 0 0 0 O> 010 0 In M N t-� MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer4::2 SUBJECT: 13th Avenue ; C. R. 89 to the East DATE: March 11 , 1987 INTRODUCTION: On September 23, 1986 , a public hearing was conducted to consider roadway improvements to 13th Avenue from C. R. 89 to the east corporate limits of Shakopee. That hearing was continued to October 7, 1986 at which time the hearing was closed. BACKGROUND: Subsequent to the hearing, Resolution No. 2625 which would have ordered plans and specifications for the project was tabled until the City acquires necessary right-of-way. Various arising from that action. Problems are 1 . Plans and specifications must be ordered within 6 months of the closing of the hearing (April 6 , 1987) or a new hearing must be conducted. 2. It is the desire of the Engineering Department to keep this project within the 1987 construction schedule. 3. The Project requires a storm sewer outfall through an easement on the LPV Addition where the Backstretch Campground is currently being constructed. That developer wishes to complete his project restoration in and around the easement area as soon as practical to facilitate a spring opening of the campground. To avoid the need for another hearing on the project, the project plans should be ordered at the March 17, 1987 Council meeting. Removing Resolution No. 2625 from the table and adopting same would order the plans. A considerable amount of cost and inconvenience can be avoided within the Backstretch Campground area if provisions were made to have the storm sewer outfall constructed prior to the developer finishing his project. We have received two quotations for the completion of the outfall construction. One quotation was received from Northwest Asphalt (contractor for the campground) in the amount of $12,513.00. The other quote is from S. M. Hentges Construction ( contractor on Holmes Street Lateral Project) in the amount of $9,036.28. 13th Avenue March 11 , 1987 Page 2 RECOMMENDATION: If Council wishes to proceed with this project, I recommend the following actions. 1 . Adoption of Resolution Ro. 2625 ordering the plans and specifications. 2. Approve the storm sewer outfall through L. P.V. Addition as a design element and subsequent cost responsibility of the 1986-9 13th Avenue Improvement Project. 3. Approve Change Order No. 5 in the amount of $9,036.28 to the 1986-1 Holmes Street Lateral Project which provides for the installation of the storm sewer outfall. REQUESTED ACTION: 1 . Offer Resolution No . 2625 , A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for 13th Avenue from County Road 89 to the East Corporate Limits, Project No. 1986-9 and move its adoption. 2. Move to approve the storm sewer outfall through L . P.V . Additio g Addition as a design element and cost responsibility of the 1986-9 13th Avenue Improvement Project. 3. Move to approve Change order No. 5 to the 1986-1 Holmes Street Lateral Project in the amount of $9,036 .28. KA/pmp 13THAVE CHANGE ORDER Ch.-nge Order No. : 5 Project Name: Holmes Street Basin Laterals Date: March 12 1987 Contract No.: 1986-1 Original Contract Amount $ 941 .254.82 Change Order(s) No. 1 thru No. 4 $ -19,942.64 Total Funds Encumbered Prior to Change Order $ 921 .411 .18 Description of Work to be Added/Subtracted: 410 L.F. 18" R.C.P. 100 Ton 1 1/2" Rock 1 - 18" Flared End Section The above described work shall be incorporated in the Contract, referenced above, under the same conditions specified in the original Contract as amended unless otherwise specified herein. Any work not so specified shall be performed in accordance with the Standard Specifications adopted by the City of Shakopee, Minnesota. The amount of the Contract shall be increased by $ 9-036.28 The number of calendar days for completion shall be increased by 144_. Original Contract Amount $ 941 -251.82 Change Order(s) No. 1 thru 5 $ - 10 906.46 Total Funds Encumbered $ 940.447.46 Completion Date: April 15 1987 The undersigned Contractor hereby agrees to perform the work specified in this Change Order in accordance with the specifications, conditions and prices specified herein. Contractor: S>-/�. <' 'Z�- Com, ' c By: —14ilH 4e_ Title Date: APPROVED-AND RECOMMEND City APPROVED: City of Shakopee By: Approved as to form this Mayor Date day of 19 _ City Ad"inistr$tor Date City Attorney City Clerk Date K\ l YAREA UNDARY STORM S E W E R2FRONT FOOTAGE -�_n1_ \� -- - . . 13th A7=1 PROJ ECT AREA +�• 8119120121I 135 11 8 • ` 1 17 /// 23 r34+ 4 5 !2/✓ 22 9: 13722 % 2 37A �- 18 2Z 130 1 8 !� 75 28 NON—ABUTTING BENEFITED AREA e i< 'sl 14 J 10 13 _. 4� ti l 1 1 `M f; 2B-- ''t 12 Zk 10 _ 1 12 FIG . 1 STUDv A , A MEMO TO: John K. Anderson, City Administrator FROM: Ray G. Ruuska, Engineering Coordinator SUBJECT: K-Mart Rough Grading & Utility DATE: March 12, 1987 INTRODUCTION: Attached are the Semi-Final Estimate, Certificate of Completion, and Resolution No. 2700, accepting work on the above referenced project. `BACKGROUND: - Due to recently completed litigation and receipt of final settlement of contract forms, we can now make final payment and accept this project as complete. ACTION REQUESTED: Offer Resolution No. 2700, A Resolution Accepting Work on the K- Mart Rough Grading & Utility Contract, HRA-79-01 , Project and authorizing final payment to Barbarossa & Sons, Inc. , P.O. Box 367, Osseo, MN 55369 in the amount of $5,000.00 and move its adoption. RR/pmp K-MART CERTIFICATE OF COMPLETION CONTRACT NO. : HRA 79-01 DATE: march 5, 1967 PROJECT DESCRIPTION: K-Mart Rough Grading 6 Utility Contract CONTRACTOR: Barbarossa 6 Sons, Inc. P.O. Box 367 Osseo, MN 55369 ORIGINAL CONTRACT AMOUNT , , , . , , . , , . , , $ 1,141,400.00 QUANTITY CHANGE AMOUNT , , , , , , , , , , , , , $ -0- CHANGE ORDER N0, _ 1 THRU N0, — AMOUNT $ 366, 300.00 i FINAL CONTRACT AMOUNT , , , , , , , , , , , , , , $ 1,529,700.00 LESS PREVIOUS PAYMENTS . . . . . . . . . . . . . $ 1_529.700.00 FINAL PAYMENT , , , , , , , , , , , , , , , , , , $ -0- 1, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the some has been fully completed in all respects according to the contract, together with any modifications approved by City Council . I, therefore, recommend above specified final payment be made to the above named Contractor. Professip al Engineer ^ - /dlidavil for Obtalning Final Settlement of Contract wlth the State of C✓ Minnesota and any of Its Political or Governmental Subdivisions M+waW rW,..ulan ruryar Monette CAnatNCCiOn CO. IA cora.rob aauuwcnet t...r...ee,..e 1 :, 9oo4s�6�' 2050 White Bear Avenue ��'' Ma.COW a,tl YYplma raarpar t'ar.bwllR C>W 011p a1W r:R[t � Mrr 2Jp ra0a St. Paul NAI 11-55109 (6'�/Z ) 797- /3 Zheck the box which describes your Involvement In this project (read definitions on other side) ❑ Prime contractor ❑ Contractor ❑x Subcontractor Rgatl noralr.n Nopa«awae anew ParYd of rartraa QaorrlhlYaarl Shakopee, tat (K-Mart) 79-01 ' pr«. 9/l/797o12/31/79 NarrY 01.4rxre«a povemnnrW l uN for whin w'o,s was pen«mee T«al am«aq d e«aap Moue eatl dW City of Shakopee 87,760.00 .� Menud 129 East First uvl GeY.b+m«post otlte Avenue Shakopee, MN 2 555379 Did you pay or supervise the payment of persons employed on this contract? ® Yes ❑ No if yes,did you withhold Minnesota income tax from the wages of each employee as required by Minnesota Statute 290.927 ® Yes ❑ No Have you filed all required withholding retums and deposited Minnesota tax withheld with the Department of Revenue as required by Minnesota Statutes 290.92 and 290.977 19 Yes ❑ No Do you authorize the Department to inform the prime contractor r upon it's request whether your form IC-134 has been certified? J�9.Yes ❑ No If you are a subcontractor,list your prime contractor's business name and address. Name: Barbarossa and Sons, Inc. , P.O. Box 367, Osseo, MN 55369 If you are a contractor or subcontractor,skip the next section of this form and sign below. If you are a prime contractor, fill in the names and addresses of all your subcontractors. If you need more space to list your subcontractors,attach a separate sheet. Also you must attach certified affidavits of your subcontrpctors and sign below. I Name ane seeress Name.ntl seeress Name antl adtlress Nem.ane address Name and adtlress N.me ana.ee,eu 1 dedam urger the peralbes of aim'oal babeey for m1fifully making a teise oaternent. that me above ruiemems are ave ane amca W the best of my dwledge antl betel. Sign Here pale Certificate of Compliance with Minnesota Statutes 290.92 and 290.97 Based on the facts stated in the above affidavit and the facts in the files and records of the Department of Revenue, the above contractor/subcontractor has properly complied with all of the provisions of Minnesota Statute 290.92 relating to the withholding of income tax on wages paid to employees and Minnesota Statute 290.97 relating to contract services with the State of Minnesotanof its pv a oPolitical subdivisions. JAN 121967 .oYi Ilton>�' ----- Pro. )rbb ^...uwu r,gwuwaanm rw.wyc ,.� Affidavit for Obtaining Final Settlement of Contract with the State of - - - Minnesota and any of Its Political or Governmental Subdivisions Nems of WmracW Mn ens, a -1.1. atgn ra,mbar Wart stilt, Inc. t � la rwro.mad ntlrupiOrpl &nerve eaawtl og73394 8610 Harriet Avenue S. sea rade ero rrproru nunrw Cny,tonna post once arta YAi:"r-:Yc -p etas Minneapolis MN 55420 Check the box which describes your involvement in this project (read definitions on other side) ❑ Prime contractor ❑ Contractor ® Subcontractor Prgep butgn Prgep or conned nunWr Period of cont Fact lMenmNesrl Shakopee, MN (R-Mart) 79-01 Pran 9/1/79To12/31/79 Name of Whr ewta pmermnemal unit for which work wu performed Total amwm OI conuap Mgimt--adue City of Shakopee 336,000.00 -0- Address d Minnesota governmental unit Gay,town tt post Once 7jp 129 East First Avenue Shakopee, MN eM79 Did you pay or supervise the payment of persons employed on this contract? u Yes ❑ Pio If yes,did you withhold Minnesota income tax from the wages of each employee as required by Minnesota Statute 290.927 Q Yes ❑ No Have you filed all required withholding returns and deposited Minnesota tax withheld with the Department of Revenue as required by Minnesota Statutes 290.92 and 290.97? © Yes ❑ No Do you authorize the Department to inform the prime contractor , upon it's request whether your form IC-134 has been certified? ® Yes ❑ No If you are a subcontractor, list your prime contractor's business name and address. Name: Barbarossa 6 Sons, Inc., P.O. Box 367, Osseo, MN 55369 If you are a contractor or subcontractor,skip the next section of this form and sign below. If you are a prime contractor, fill in the names and addresses of all your subcontractors. If you need more space to list your subcontractors,attach a separate sheet.Also you must attach certified affidavits of your subcontriictors and sign below. Name and address Name and address _ t Name Findaddress Name and address Name and address Name and address I declare under the penalties of criminal liability for mIllully making a false statement. that the above statements are this and commy p to the best of knowledge and belief. Here r �gnaG,Sign /, -/Lrf1//rli� / int /.1t�/ ,4V D /ale Certificate of Compliance with Minnesota Statutes 290.92 and 290.97 Based on the facts stated in the above affidavit and the facts in the files and records of the Department of Revenue, the above contractor/subcontractor has properly complied with all of the provisions of Minnesota Statute 290.92 relating to the withholding of income tax on wages paid to employees and Minnesota Statute 290.97 relating to contract services with the State of Minnesota or any of its gove ental or political subdivisions. JAN 2 R 1987 �gpai JleFJ.antbr�!e 'iprianm nt Ijayenoe reDazenlaWe l/ Date Iaev,' Mrtir,ncala Lhpa,ine,d d fhwdwc llBb Affidavit for Obtaining Final Settlement of Contract with the State of I it, Minnesota and any of Its Political or Governmental Subdivisions Wm.d COraraClal Mmrq.aa�damdnN�on nurrlbw Barbarossa and Sons Inc. Id none.rs"nf"Wanrsl Idwaratia adda.. 8300153 P.O. Box 367 was lb09 and Wepnr dnWw car,imm or post on. state bp code Osseo Minnesota 55369 ( 612 ) 425-4146 Check the box which describes your involvement in this project(read definitions on other side) x❑ Primecontractor ❑ Contractor ❑ Subcontractor Prgan location, Net=is mnoa=numbs Penod of contractIMonth/Yearl Shakopee, Mn. (K-Hart) From 5 15 89ro5 23 86 Nstred Khresds e.vttfarrerdal"1dwhist pork wasperlomed TOW annum d."a Ampml.alldoe City of Shakopee 15,000.00 Adareas Dl Mnneaota pwarn ental ant t:qy,town d pest on" jrp Coda 129 East First Ave. Shakopee fin. 55379 Did you pay or supervise the payment of persons employed on this contract? .R Yes ❑ No If yes,did you withhold Minnesota income tax from the wages of each employee as required by Minnesota Statute 290.927 tafc�t/ Yes ❑ No Have you filed all required withholding returns and deposited Minnesota tax withheld with the Department of Revenue as required by Minnesota Statutes 290.92 and 290.97? Yes ❑ No Do you authorize the Department to inform the prime contractor upon it's request whether your form IC-134 has been certified? A Yes ❑ No If you are a subcontractor, list your prime contractor's business name and address. Name: If you are a contractor or subcontractor,skip the next section of this form and sign below. If you are a prime contractor, fill in the names and addresses of all your subcontractors. If you need more space to list your subcontractors,attach a separate sheet.Also you must attach certified affidavits of your subcontr#ctors and sign below. Name and.daass WangerName and.ddress ar Inc. I 8610 Harriet Avex So. Monette Construction Co. flinneapolis, Mn 55420 2050 White Bear Ave. St- Paul , Mn 55109 Name and address Name and address Name and address Nameandaddress I deaare under Pie densities of crmiural liability for willfully mat,,g a false statement, that me above statements are hue and correct b the beat of my kmwledge rel. Sec.-Treasurer 2/19/87 Here tour s,grWure lime Date Certificate of Compliance with Minnesota Statutes 290.92 and 290.97 Based on the facts stated in the above affidavit and the facts in the files and records of the Department of Revenue,the above contractor/subcontractor has properly complied with all of the provisions of Minnesota Statute 290.92 relating to the withholding of income tax on wages paid mployees and Minnesota Statute 290.97 relating to contract services with the State of tfinne� ot hs go niai or political subdivisions. _._. - � �� FE6 2 4 1961 re of adtionir d Departmere of Revenue hmresenmhl . -- SEivII-FI NAL PARTIAL ESTIMATE VOUCHER Contract No. Partial Estimate Voucher No. Period Ending: February Z7 1987 TO: Contractor BarbegMssa A Sons Inc Address P.D. Boa 367 Oar+ MN 55369 Project Description K-Mart Rough Gra 'ng A Utility Contract No. HRA 79-01 1. Original Contract Amount $_1 .141.400.00 2. Change Order No. 1 Thru No. — $ 388.300.00 3. Total Funds Encumbered $-Laz .700.00 4. Value of Work Completed $_1.529.700.00 Value of Work 5. 0 Percent Retainage $ -0- Remaining 0 6. Previous Payments $ 1.524.700.00 $ 7. Deductions or Charges $ ...0. Percent Complete 8. Total100E $- t.sz4.7Do_oo Payment Due (Line 4 - 8) $ 5.000.00 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 � `�'`'�""°""- avz=� ��- REVIEWED BY SHAKOPEE PUBLIC BY �"'`T'w XC I/-�c-E-�e-✓I UTI-i= COMMISSION TIYl.EKa�=- ^.-�..�„ a , er 3 nlf 7 APPROVED - CITY OF SHAKOPEE pate Pre,ec En r knee / Date / qty Adaunistrator % Date RESOLUTION NO. 2700 A Resolution Accepting Work On The K-Mart Rough Grading & Utility Project Project No. RRA 79-01 WHEREAS, pursuant to a written contract signed with the City of Shakopee on September 17, 1979, Barbarossa & Sons, Inc. , P.O. Box 367, Osseo, MN 55369 has satisfactorily completed the K-Mart Rough Grading & Utility Project , in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved; and ' BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of b 5 , 000 . 00 , taking the contractor' s receipt in full . 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: Ray Ruuska, Engineering Coordinator SUBJECT: 1986 Pavement Preservation Program Project No. 1986-8 DATE: March 12, 1987 INTRODUCTION: Attached is the Certificate of Completion and Resolution No. 2701 accepting work on the above referenced project. BACKGROUND: Work on this project is complete and the contractor has furnished final settlement of contract forms. ACTION REQUESTED: Adopt Resolution No. 2701 , A Resolution Accepting Work on the 1986 Pavement Preservation Project and authorizing final payment to Allied Blacktop Co. , 10503 89th Avenue N. , Maple Grove, MN 55369 in the amount of $670.14. KA/pmp RES2701 i CERTIFICATE OF COMPLETION CONTRACT NO. : 1966-6 DATE: March 5, 1967 PROJECT DESCRIPTION : 1966 Pavement Preservation Program CONTRACTOR: Allied 6lacktoo Company 10503 09th Avenue N. Maple Grove, MN 55369 ORIGINAL CONTRACT AMOUNT , , , , , , , . . . . . $ 65,315.25 QUANTITY CHANGE AMOUNT . , , . , , . . . . . . $ -6 CHANGE ORDER NO, -- THRU NO. -- AMOUNT , . . $ -0- FINAL CONTRACT AMOUNT . . . . . . . . . . . . . . $ 67,014.31 LESS PREVIOUS PAYMENTS , . , , , , , . , , , $ 66,344.17 FINAL PAYMENT . . . , . . . , , $ 670.14 I, hereby certify that the above described work was inspected under my' direct supervision and that, to the best of MY belief and knowledge, I find that the sane has been fully completed in all respects according to the contract, together with any modifications approved by City Council . I, therefore, recommend above specified final payment be made to the above named Contractor, Profession Engineer IC-las Minnesota Department of Rewssfe /r IRev.7851 Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions Name of oontrecmr wouter la identification number (if none.rear)indruclansl Allied Blacktop Company Be.,. s address 8606387 10503 89th Avenue North Mae code and telephone number City,town or post oaioe Stale Zip code Maple Grove MN 55369 (612 ) 425-0575 Check the box which describes your involvement in this project(read definitions on other side) ❑ Prime contractor Contractor ❑ Subcontractor Protect location Project or nt,=number Period of contract(Month/yearl Various Streets 1986-8 From 7/30/86 8Z7/86 Name of Minnesota govemmental unit for which work was perlonned Total amount a contract Amount Still tlue City of Shakopee 67014.31 670.14 ,000,ass of Minnesota govemerental unit City,town or past office boners, 129 East First Avenue Shakopee 55379 Did you pay or supervise the payment of persons employed on this contract? a Yes ❑ No If yes, did you withhold Minnesota income tax from the wages of each employee as required by Minnesota Statute 290.927 ® Yes ❑ No Have you filed all required withholding returns and deposited Minnesota tax withheld with the Department of Revenue as required by Minnesota Statutes 290.92 and 290.97? Yes ❑ No Do you authorize the Department to inform the prime contractor upon it's request whether your form IC-134 has been certified? Yes - ❑ No If you are a subcontractor, list your prime contractor's business name and address. Name: If you are a contractor or subcontractor,skip the next section of this form and sign below. If you are a prime contractor, fill in the names and addresses of all your subcontractors. If you need more space to list your subcontractors,attach a separate sheet.Also you must attach certified affidavits of your subcontractors and sign below. Name and address Name and address Name and address Name and address Name and address Name and address I declare under the penaltres of al liability for willfully matting a false statement, that the above statements are true and correct to the best of my knowledge—and faa' f. ) sign \ J } /� ` � President 2/25/87 Here Yotawnawre True Date Certificate of Compliance with Minnesota Statutes 290.92 and 290.97 Based on the facts stated in the above affidavit and the facts in the files and records of the Department of Revenue,the above contractor/subcontractor has pro rly complied with all of the provisions of Minnesota Statute 290.92 relating to the withholding of income,iax on wages pai0alf employees and Minnesota Statute 290.97 relating to contract services with the State of Minne of its ental or political subdivisions. - r C8 / ` 2 7 1987 Si re of auRpdzed Department of Revenue representative Data RESOLUTION NO. 2701 A Resolution Accepting York On The 1986 Pavement Preservation Program Project No. 1986-8 WHEREAS, pursuant to a written contract signed with the City of Shakopee on July 21 , 1986 , Allied Blacktop Company, 10503 89th Avenue N . , Maple Grove, MN 55369 has satisfactorily completed the 1986 Pavement Preservation Program, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under- said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of $ 670.14, taking the contractor' s receipt in full. 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 i City Attorney o, aC MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer— SUBJECT: Resolution No. 2703, 13th Avenue Feasibility Study from C.R. 16 to C.R. 17 DATE: March 10, 1987 INTRODUCTION: Throughout the year of 1986, staff has attempted to locate the alignment of 13th Avenue from C.R. 16 to the west side of the City where 13th Avenue is located in South Parkview Addition. The alignment has been now determined in concept and is being incorporated in development plans. BACKGROUND: The segment of 13th Avenue between C. R. 16 and C.R. 17 has been considered a priority area. The location of 13th Avenue has been indicated on the Hauer' s 4th Addition preliminary plat. Due to existing traffic flow characteristics in Hauer' s 3rd Addition and anticipated traffic generation from Hauer ' s 4th Addition, engineering wishes to proceed with planning and preliminary engineering of 13th Avenue construction. Scottland Companies has completed a sketch plan for development of their property lying west of Hauer' s 4th Addition and east of C.R. 17. In addition to constructing 13th Avenue through Hauer' s 4th Addition, it seems prudent for the City to construct this collector street continuously to C.R. 17 through the Scottland property. Attached is Resolution No. 2703 ordering a feasibility study of proposed improvements from C.R. 16 to C.R. 17. ALTERNATIVES: 1 . Adopt Resolution No. 2703. 2. Amend Resolution No. 2703 to include 13th Avenue in Hauer' s 4th Addition only. 3. Do not adopt Resolution No. 2703• RECOMMENDATION: Adoption of Resolution No. 2703 is recommended. REQUESTED ACTION: Offer Resolution No. 2703, A Resolution Ordering the Preparation of a Report on an Improvement to 13th Avenue from County Road 16 to County Road 17, Roadway .and Water System Improvements and move its adoption. KA/pmp RESOLUTION NO. 2703 A Resolution Ordering The Preparation Of A Report On An Improvement to 13th Avenue from County Road 16 to County Road 17 Roadway h Water System Improvements WHEREAS, it is proposed to improve 13th Avenue from County Road 16 to County Road 17 by Street and Watermain improvements and to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended 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 q � MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfel d, City Engineer�- SUBJECT: Valley Park Drive North Project Awardal Resolution No. 2704 DATE: March 12, 1987 INTRODUCTION: Bids were received for the Valley Park Drive North roadway improvements. Resolution No. 2704 provides for the awardal of the low bid to Valley Paving, Inc. in the amount of $54,057 .06 . BACKGROUND: The contract documents for this project included the roadway work ' as well as demolition of the existing marquee. The major work items were split in the bid so as to facilitate the deletion of the demolition portion if all parties came to terms on the right- of-way acquisition and it was decided to salvage the marquee. The low bidder was Valley Paving , Inc . in the amount of $54,057.06 which was split in the bid documents as follows: Roadway Improvements $50,257 .06 Demolition of Marquee $ 3,800.00 The feasibility report estimated the construction cost at $53,000.00. The City has a gentlemen ' s agreement with Valleyfair that the roadway work will be done either before or after their operational season. It is the intent to complete this project by May 8, 1987, therefore, it is imperative that the contract be awarded as soon as possible if that schedule is to remain in effect. At this point , agreements have not been executed for the acquisition of the necessary right-of-way. The City does have access rights to the right-of-way area and has legal authority to demolish the marquee if necessary. Valleyfair has yet to decide if they want to salvage the marquee because of the uncertainty of a sign variance request. ALTERNATIVES: 1 . Award the bid, including demolition of the marquee, in the amount of $54 ,057.06. 2. Award only the roadway portion of the bid in the amount of $50,257 .06. 3. Reject all bids and relet the project for construction this fall . If development is to occur within the Prairie House Addition prior to this fall , this alternative would be inadvisable. RECOMMENDATION: Since the need to demolish the existing marquee is a definite possibility, I recommend Alternative 1 . By proceeding with this alternative, the price for demolition is locked in. If the need for demolition dissipates, a change order could provide for the deletion of demolition portion. In any respect, Engineering is going to need direction soon from the attorneys involved in this right-of-way acquisition as to the future of the marquee. REQUESTED ACTION: Offer Resolution No. 2704, A Resolution Accepting Bid on Valley Park Drive from T.H. 101 to the North Approximately 350 Feet, Project No. 1986-11 and move its adoption. KA/pmp RES2704 RESOLUTION NO. 2704 A Resolution Accepting Bid On Valley Park Drive from T.H. 101 to the North Approximately 350 Feet Project No. 1986-11 WHEREAS, pursuant to an advertisement for bids for the Valley Park Drive North, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Valley Paving, Inc. $54,057.06 N.W. Asphalt, Inc. $59,579.90 AND WHEREAS, it appears that Valley Paving, Inc. , 8800 13th Ave. E. , Shakopee, MN 55379 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 Valley Paving, Inc. in the name of the City of Shakopee for the improvement of Valley Park Drive from T .H . 101 to .the North Approximately 350 feet, by intersection improvements according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 19—. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 19_. City Attorney MEMO TO: John K. Anderson, City Administrator ^�FROM: Ray G. Ruuska, Engineering Coordinator—�� SUBJECT: T.H. 101 Intersection Improvement Project No. 1984-8 DATE: March 12, 1987 INTRODUCTION: Attached is Resolution No. 2705 accepting work on the above referenced project. BACKGROUND: City Council has previously approved the Certificate of Completion for the above referenced project on December 17 , 1986. Approval of Resolution No. 2705 will close the file on this project. ACTION REQUESTED: Offer Resolution No. 2705, A Resolution Accepting Work on the T.H. 101 Intersection Improvement, Project No. 1984-8 and move its adoption. RR/pmp TH101 RESOLUTION NO. 2705 A Resolution Accepting Work On The State Trunk Highway 101 Intersection Improvements Project No. 1984-8 WHEREAS, pursuant to a written contract signed with the City of Shakopee on September 26, 1984, C.S. McCrossan, Inc. , P.O. Box 247 , Osseo , MN 55369 has satisfactorily completed the Intersection Improvements along T.H . 101 at Shenandoah Drive , County Road 83 , Valley Park Drive, and County State Aid Highway 18, Shakopee, MN, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved; and 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 6 City Attorney l�f MEMO TO: John K. Anderson, City Administrator FROM: Ray Ruuska, Engineering Coordinator � SUBJECT: 1984 Curb & Gutter, Sidewalk, and Driveway Approach Replacement Program Project No. 1984-2 DATE: March 12, 1987 INTRODUCTION: Attached is Resolution No. 2706 accepting work on the above referenced project. BACKGROUND: City Council has previously approved the Certificate of Completion for the above referenced project on January 20, 1987. Approval of Resolution No. 2706 will close the file on this project. ACTION REQUESTED: Offer Resolution No. 27067 A Resolution Accepting Work on the 1984 Curb and Gutter, Sidewalk, and Driveway ApproachReplacement Program, Project No. 1984-2 and move its adoption. RR/pmp RES2706 CERTIFICATE OF COMPLETION CONTRACT NO. : 1584-2 DATE: January 8, 1987 PROJECT DESCRIPTION: 1984 Curb E Gutter, Sidewalk, and Driveway Approach Replacement Program CONTRACTOR: Siehndel Construction 210 Elmwood LeSueur, MN 56058 ORIGINAL CONTRACT AMOUNT . , , . , . , . , . . . $ 6,869. 35 QUANTITY CHANGE AMOUNT , , , , , , , , , , , , , $ 12,036. 90 CHANGE ORDER NO. -- THRU N0, -- AMOUNT , . , $ -o- FINAL CONTRACT AMOUNT . . . . . . . . . . . . . . S 18, 906.25 LESS PREVIOUS PAYMENTS . . . . . . . . . . . . . $ 18,806.25 FINAL PAYMENT , , , , , , , , , , , , , , , , , g 100. 00 I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the some has been fully completed in all respects according to the contract, together with any modifications approved by City Council . I, therefore, recommend above specified final payment be made to the above named Contractor. PP or�fessional ngineer -� -, - - ->1 mmnesou Delaanmenf a Fevenue 1y r Affidavit for Obtaining Final Settlement of Contract with the State of �V I Minnesota and any of its Political or Governmental Subdivisions -ece It wnvano: roenfn¢aum numcer S/C bN r�G Cr ONS7• M none ead in rids, L9asmosadorees 7/f�0 $PJ3 Z fO woo el I Area code and reieonone numow Gay,town or post office suu2io cone Le SnFOI� N M1SGaSB (6i2 ) G4S- zGi9 Check the box which describes your involvement in this project(read definitions on other side) ❑ Prime contractor i4 Contractor L Subcontractor Nolth,lolalmn // ''AA Pfoeam or Contract numcel Period of comrat IMonfh lean sx.A YY e %/N- 6y Z I Prwn. 9-7o-� /o-y-By 1 Name of Mm andif. o,onednerna,una tD�wnicn wLpk waz cenwm¢0 Toui apToum of comato Amo' 1 did,due Y f�A "' �8�9• 3S /OO.Oo Adores or mfmresota vemm mal unit Gay.town or host once 2fo code /7 9 E /� � /�//�• � Sy .t`oP FE LSS979 Did you pay or supervise the payment of persons employed on this contract? Yes ❑ No . If yes, did you withhold Minnesota income tax from the wages of each employee as required by Minnesota Statute 290.92? X Yes ❑ No - Have you filed all required withholding returns and deposited Minnesota tax withheld with the Department of Revenue as required by Minnesota Statutes 290.92 and 290.97? Yes ❑ No Do you authorize the Department to inform the prime contractor upon it's request whether your form IC-134 has been certified? 19 Yes ❑ No If you are a subcontractor, list your prime contractor's business name and address. Name: N you are a contractor or subcontractor,skip the next section of this form and sign below. If you are a prime contractor, fill in the names and addresses of all your subcontractors. If you need more space to list your subcontractors,anach a separate sheet. Also you must attach certified affidavits of your subcontractors and sign below. Name and address Name and address I Name and address ( Name and adwess Name and aoaress Name and aonress I � I declare ureter the peranies of criminal liadildy for willfully making a false statement mat the above statements are frac and correct to the Desi of my kro�Sign ode and beiiel. Sign Here your s;?nawre Title Dare Certificate of Compliance with Minnesota Statutes 290.92 and 290.97 Eased on the facts stated in the above affidavit and the facts in the files and records of the Department of Revenue. the above ccntractonsubcontractor has properly complied with all of the provisions of Minnesota Statute 290.92 relating to the withholding of income tax on wades paid mployees and Minnesota Statute 290.97 relating to contract services with me State of Minn o o py,of rcs aa2r ental or political subdivisions. 12 jolis s;�vure o:aumoraed Deoanmen:a Rf-�a reweun:a_e+e Dale RESOLUTION NO. 2706 A Resolution Accepting Work On The 1984 Curb A Gutter, Sidewalk, and Driveway Approach Replacement Program Project No. 1984-2 WHEREAS, pursuant to a written contract signed with the City of Shakopee on April 17 , 1984 , Siehndel Construction, 210 Elmwood, LeSueur, MN 56058 has satisfactorily completed the 1984 Curb and Gutter, Sidewalk and Driveway Apron Replacement Program, Shakopee, MN, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved. 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 I JULIUS A.COLLER, JJ Arronxsx AT LAw iesaiseo SEAEOPEE, MINNESOTA 55329 March 5, 1987 RECEIVED fVAR b 1987 CITY OF SHAKOPEE Mrs. Judy Cox, City Clerk Shakopee City Mall 129 East First Avenue Shakopee, Minnesota 55379 Dear Judy: Enclosed is a Resolution authorizing the granting of a license to encroach on public street under certain conditions and also proposed encroachment License in duplicate. This should go before the Council . The Huber building encroaches a little less than 2 feet on the Westerly right of way line of Lewis Street and this is to authorize the owners of the Huber building to maintain the building where it is until such time that the building is destroyed or removed, at which time the license terminates. If there are any questions please call me. Very trulyyy yours,�' Julius r t-.oller, II Shakopee City Attorney JAC/nh Enc. Action Requested Offer Resolution No. 2699, A Resolution Authorizing the Granting of a License to Encroach on a Public Street Under Certain Conditions, and move its adoption. RESOLUTION NO. 2699 A RESOLUTION AUTHORIZING THE GRANTING OF A LICENSE TO ENCROACH ON A PUBLIC STREET UNDER CERTAIN CONDITIONS WHEREAS, Shakopee Investments One, a partnership under the Laws of the State of Minnesota, is a vendee under a contract for deed covering the North 81 feet of Lot 5, Block 30, and all of Lot 4, Block 30, in the City of Shakopee, Scott County, Minnesota, and • WHEREAS, the above described property is bounded on the South by Third Avenue, a public right-of-way, and on the East by Lewis Street, a public street, and a two story building is located on the said premises, and 1. WHEREAS, the aforementioned building encroaches onto Lewis Street by approximately two (2) feet and the contract vendee has petitioned the City of Shakopee for a license to permit the encroachment to continue, and WHEREAS, the said premises has been inspected by the City engineer and an investigation has been made and the Council has determined that the encroachment in no way interferes with the right of the public in the street nor does it hinder or limit the use of said street. NOW, THEREFORE, BE IT RESOLVED, by the Shakopee City Council that in consideration of one dollar and other good and valuable consideration the City hereby grants to Shakopee Investments One, its successors and assigns an irrevocable right and license to maintian the aforementioned building over, under and across that portion of the westerly I two feet of the right-of-way of said Lewis Street abutting the north 81 feet of Lot 5, Block 30, City of Shakopee. BE IT FURTHER RESOLVED, That the right and license granted herein and by any subsequent written agreement shall be limited to the life of the building described hereinbefore and shall terminate in the event that said building shall be substantially destroyed or demolished, and in that event, no portion of said building may be r y� reconstructed or replaced on any portion of the public right-of-way of the aforesaid Lewis Street and conditioned further that the said Licensee and successors and assigns shall during the life of this right and license maintain the said structure in a safe and presentable condition. BE IT FURTHER RESOLVED, That the proper City officials be and they hereby are authorized to enter into an Encroachment License in conformity herewith. Passed in session of the Shakopee City Council held this day of 1987. Mayor of the City of Shakopee ATTEST: City Clerk Prepared and approved as to form this 25th day of February 1987. City mey Encroachment License THIS INSTRUMENT made this day of 1987, between the City of Shakopeea Minnesota municipal corporation (hereinafter referred to as licensor) and Shakopee Investments One, a partnership under the laws of Minnesota (hereinafter referred to as licensee) , WHEREAS licensee is the contract vendee of that certain premises which is more particularly described in Exhibit A attached hereto and made a part hereof, under that certain contract for deed dated May 13, 1981 and recorded May 21, 1981, as document No. 181594 in the office of the County Recorder, in and for Scott County, Minnesota (hereinafter the Subject Premises) , and - WHEREAS the Subject Premises is located within the corporate limits of the City of Shakopee, and WHEREAS the Subject Premises is bounded on the south by Third Street, a public right of way, and on the east by Lewis Street, a public street, and WHEREAS a two story brick building is located on the Subject Premises, and WHEREAS the aforementioned building encroaches onto Lewis Street by approximately two (2 ) feet, and WHEREAS the licensee has Detitioned the City of Shakopee that licensee be permitted to continue the encroachment described above, NOW, THEREFORE in consideration of One Dollar and other valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, Licensor hereby grants to Licensee its successors and assigns an irrevocable right and license to maintain the aforementioned building over, under, and across that ' portion of the westerly two feet of the right of way of said Lewis Street which is bounded on the north by the southerly line of Lot 6, Block 30, City of Shakopee, extended easterly; and bounded on the south by the southerly line of Lot 5, Block 30, City of Shakopee, extended easterly; all in Scott County, Minnesota, according to the plat of the City of Shakopee now on file and of record in the Office of the County Recorder within and for said County and State. NOTWITHSTANDING anything to the contrary herein, the right and license granted herein shall be limited to the life of the building described hereinabove and shall terminate in the event that said building shall be substantially destroyed or demolished, and in that event, no portion of said building may be reconstructed or replaced upon any portion of the public right of way of the aforesaid Lewis Street. _ 12� LICENSEE, for itself, its successors and assigns by acceptance of this right and licensee, agrees for and during the life of this right and license, to be responsible for and provide for the cost of re_oair and maintenance of the above described building. IN WITNESS WHEREOF, LICENSOR has hereunto set its hand this day of , 1987 . CITY OF SHAKOPEE By its Mayor (SEAL) Attest: City_ Administrator_ City Clerk STATE OF MINNESOTA ) ss COUNTY OF SCOTT ) On this - day of 1987, before me a notary public within and for said county, personally appeared Eldon A. Reinke, John K. Anderson and Judith S. Cox to me personally known, who being by me duly sworn, did say that they are respectively the Mayor, City Administrator and City Clerk of the City of Shakopee named in the foregoing instrument•, and .that said instrument was signed and sealed in behalf of said municipal coporation by authority of the City .Council, and said Eldon A. Reinke, John K. Anderson and Judith S. Cox acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public This Instrument Drafted by: Craig M. Mertz Wurst, Pearson, Larson, Underwood & Mertz 1100 First Bank Place West Minneapolis, Minnesota 55402 (612) - 338-4200 EXHIBIT A The following described land situated in the County of Scott and State of Minnesota, to wit: The North 81 feet of Lot five (5) , Block thirty (30 ) , and all of Lot four (4 ) , Block thirty (30) , all in City of Shakopee, Scott County, Minnesota, according to the plat thereof now on file and of record in the office of the County Recorder within and for said County and State. k87/Shakopee aA AG vise d MEMO TO: City Council Finance FROM: LeRoy Houser, Building Official RE: Budget Amendment DATE: March 13, 1987 INTRODUCTION• We have a problem at the Police Department that needs to be corrected as soon as possible, and a budget amendment is needed for $1,000. 00. BACKGROUND: One section of curb and gutter has reverse pitch on it and drains toward the building. Also, water runoff from the roof is undermining the sidewalk on the north side of the building and it appears it is also undermining a footing section. The corrective action which is needed is as follows: 1, remove and replace sidewalk 2. remove curb section and replace with slab section 3. pour splash blocks to get water away from building. ALTERNATIVES• There are no alternatives. This work must be done. RECOMMENDATION: Amend police .dept. budget for $1,000 for this work and authorize the inspection dept. to have the work completed. ACTION REQUESTED: 1. Authorize the building department to complete the work. not to exceed $1, 000. 00. 2. Offer Resolution No. 2707, A Resolution Amending Resolution No. 2635 Adopting the 1987 Budget and move its adoption. LH:cah Attachment EESO;.LTION 2707 A EESOLMION AMENDING EESOLL:'ION 2635 ADOFTR:G TRE 19JU WEEREAS, the City Council bass adopted a budget for the fiscal vear, and WR=RzLS, changing conditions and circumstances warrant amending the budget. Nov. TEEEEFDP.F, BE IT EESC:.4ED ET TEE C:—Y COD&CII. OF THE CITY OF SHBROFEE, JIWESOTA, that toe appropriations are increased as follows: Fund Cateec-v Division Amount 01 General 01. 4230.311.31 $1, 000. 00 and the increases are offset or funded by increases (decreases) in the following accounts: Fund Account/Catesc-v Division Amount 01 4991 911. 91 ($1,000. 00) Adopted is session of the City Council of the City of Shakopee, Minnesota, held this day of , 1957 . Mayor of the City of Shakopee A...ST: City Clerk Approved as to t'o= this day of 2957. City Attc=ey i MEMO TO: City Council " Finance FROM: LeRoy Houser, Building Official RE: Budget Amendment DATE: March 13, 1987 INTRODUCTION• We have a problem at the Police Department that needs to be corrected as soon as possible, and a budget amendment is needed for $1, 000. 00. BACKGROUND: One section of curb and gutter has reverse pitch on it and drains toward the building. Also, water runoff from the roof is undermining the sidewalk on the north side of the building and it appears it is also undermining a footing section. The corrective action which is neededis as follows: 1. remove and replace sidewalk 2. remove curb section and replace with slab section 3. pour splash blocks to get water away from building. ALTERNATIVES: There are no alternatives. This work must be done. RECOMMENDATION: Amend government building budget for $1, 000 for this work and authorize the inspection dept. to have the work completed. ACTION REQUESTED: 1. Authorize the building department to complete the work , . not to exceed $1, 000. 00. 2. Offer Resolution No. 2707, A Resolution Amending Resolution No. 2957 Adopting the 1986 Budget and move its adoption. LH:cah Attachment py SCLr7IDA 2707 A ET_SOZCTION A2``rDING EESCLU-ZION 2457 ADOFTING TEE 19$§ BL=!:T i ERLAS, the City Council base adopted a budget for the fiscal year, and WHEREAS, changing conditions and circumstances warrant amending the budget. NOW, TSEE..FOBE, BE 1- BESOLV= ET TEE CITY COUCIL OF THE CITY OF SBAF.O?T_E, MINNESOTA, that the appropriations are increased as follows: Fund Cateecry Division Amount 01 General 01. 4230. 311.31 $1, 000. 00 and the increases are offset or funded by increases (decreases) is the following accounts: Fund Account/Cateccr- Division Amount 01 4991 911. 91 $1, 000. 00 Adopted is session of the City Council of the City of Shakopee, Minnesota, held this day of , 1985. Mavor of the City of Shakopee A._ST: City Clerk Approved as to form this day of '986. City Attorney /3,Z TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Mailing of Delinquent Utility Bills DATE: March 13, 1987 Introduction Staff has received a complaint about mailing delinquent notices for storm drainage in postcard form as opposed to stuffing the notice into an envelope. Backzround Previous Council action (12/3/85, see attached minutes and related staff memo) directed that staff mail delinquent notices for storm drainage bills as postcards (the form in which the notices come from Logis) as opposed to stuffing the form into envelopes. The motion was ."bills be mailed as postcards, except that delinquent accounts be stuffed into envelopes if required by law." The City Attorney and the League Attorney could not state that it was required by law. Mrs. Lebens called City Hall on Friday 3/13/87, and related that she had not received the original bill. She objected to having received the delinquent notice as a postcard and feels that the City should mail those notices in envelopes. Staff does not recall receiving any other calls where the caller complained about receiving the notice in postcard form as opposed to being stuffed in an envelope. Staff mailed about 400 delinquent notices. Alternatives 1. Continue to mail delinquent notices as postcards. 2. Stuff delinquent notices into envelopes. Recommendation Alternative one because; 1) due to increased cost and staff work involved in stuffing envelopes, 2) prior Council action was for this method of mailing, 3) most Logis cities that use the utility billing package mail notices in postcard form, 4)the City has received no other complaints about mailing notices as a card. Action Move to direct staff to continue mailing delinquent storm drainage notices in postcard form. , 1-.t . . F ^; l'ln llrq'„ Cnillit.ro. L.1 mu:. ROiOV_o :o."N; W.Impgchf .."b.f lnn Card Ctl. I rr. PiStulka stated he was present to represent the Scott Cour.:^ Historical Society to ask the City's intentions regarding the re- _ quest for the conveyance of land in the western portion of the restoration site to the City. Cncl. Lebens explained the suggestion was hers because she wanted to retain access to the river because of some problems fishermen were having in gaining access to the river at Murphy's Landing, with the gate sometimes being closed. However, since that time authorization has been given to begin construction of a pedestrian bridge in Mem- orial Park to gain access to the river. So at this time she doesn't think it is so important. Also in the last year or so there haven't been complaints fromPeoplenot gaining access. Consensus was to leave the status quo. Leroux/Lebens moved to authorize the appropriate City Officials execute a contract with Waste Managementto -Savage for garbage als als lo- tion services for 1986 and 1987. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Lebens moved to authorize the purchase of two 1986 Ford LTD Crown Victoria squad cars from Viking/Southdale Ford in the amount of $22,736.00. Roll Call: Ayes; Unanimous Noes; None Motion carried. - Leroux/Lebens moved to retain Mr. Dwight Tange to discuss the group health and life insurance bids with employees. Roll Call: - Aves; Unanimous Noes; None Motion carried. Cncl. Vierling questioned the suggestion of stuffing storm drainage b I ills that are delinquent. She would think they could all be put on Vierling/Leroux moved that Storm Drainage Utility bills be mailed as Postcards, except that delinquent accounts be stuffed into envelopes if required by law. Motion carried unanimously. Vierling/Colligan moved to adopt the investment policy dated November 26, .1985 as proposed and attached hereto and made a part hereof. (Doc No. cc-102 Motion carried unanimously. . _.;. _.. ... ..acorns^«_:. �.�.x".ids:,•<N.,"^b`.^�' 4r:�s�s+3s` -. _�: _-_, . .__ . . x_. TO: Jahn R. Anderson, City Administrator n t,�Ji„tom FROM: Gregg Voxland, Finance Director L;) RE: Storm Drainage Hills DATE: November 20, 1985 Introduction and Background Council has established a Storm Drainage Utility. -. Staff is preparing to generate _ the first of the quarterly. billings. The target date..was January 1, 1986 but it appears increasingly unlikely that date will be met..- - One item has come up that staff has differing opinions on and. Council may - hear .about it from the public. The issue is whether to stuff the bills in - envelopes or to main them as postcards. The attached exerpt from postal regula— tions is the Postmasters basis for supportingstuffing.-a1T the bills. The City Attorney reviewed the attached and his response was "I do not think we should go to billing by postcard. This- involves a lot of possible problems".: _ There are about 20 cities on Logia for utility billing. Of these 20 cities, one stuffs the bills and 19 mail themaspostcards. Logit generates the bills as a postcardforallcities using astandard-form. :- Some cities stuff the delinquent bills only. - Some of the issuesinvolved are: - Cost of envelopes (5,000) $142.00-per qtr. Cost of staff time to stuff envelopes (8 hours) $65.00 per qtr. Additional cost of postage ($.08) . - $400.00 per qtr. Work load on staff. - SFUC stuffs their bills and the City Attorney has recommended stuffing the bills, especially those with a past due amount. One significant difference with the storm drainage billing is that within a district the bills will be the same for properties with the same residential equivalent flows. They do not vary with assessed value or consumption.- '- Alternatives 1. Stuff all bills. - - 2. Stuff delinquent bills and for special notices. - 3. Do not stuff bills except for including special notices.' Recommendation - � Alternative number 2 is recommended to save staff time and money but yet preserve confidentiality for delinquent accounts. - Action Requested Move that Storm Drainage Utility bills be mailed as postcards except that delinquent accounts be stuffed into envelopes. - 3.a4 Domestic Mail Mamuai (DMM) color on the face of the alienation. For the purposes of y sent through the curb,who considers the matter which it tarry sc�ou the 11116t- ran which states states includes a itis been eD- "•Pr°wocaI t," mar seek-ar prohlibitorlY luoroermg oto preveint proved by the Postal Service or by me Postmaster General receipt of any further=it from the under(See I'_7.6j. or that it Gonioma to env postal law or r_r,,tu e, is non- rar4 ilOt Other Prohibited Matter. The following are mail.Ale. - u. Ficrhmu+ Matter(18 U.S.C. 1Y1-t). Any matter .42 Lottery Matter (18 U.S.C.1302) Addressed to :i Person using any fictitious name, tide. whether or nor or address to conducting.-through the mail, any ,521 Any scheme or promotion. hich, upon pay- scheme or device in violation of law if, after notifiea- law'(ul under the laws of any state, [too he addressee fails to appear at the Post office ment of consideration, offers a prize dependent ret and be identified or if the fictitious character of such whole or in pan upon lot or chance, is a lottery. not, is established to Me satisfaction of the Judicial .422 The following matter is unlawful mail matter. Officer in consequence of'a Proceeding initiated par- -. a. Any letter, package, postal card, m circular suant to 39 C.F.R. Pan 953. which advertises, invites or otherwise permits or faci4 b. Foreign Origin Man*, Imported in Violation of Copyright at Mask Nock Laws inures participation in a lottery. {o ht Viefalioru (17 U.S.C. 601-603). b. Any lottery ticket or Part thereof or substitute. fl) p) communing maser determined by a c. Any form o[ payment for a lottery ticket or Mau or foreign ounofcmnpete�unsdicuontoviolatetheopyrightlaws share. hlet. or publics- - oftheUniwd Smtesoranywpyrightconventi o,r tyw d. Any ixwsDaper, cimulaz, pamp tion of any kind containing any advertising of a lot which the United Sates u a yang. ink Wok Violalims(17 U.S.C.9 levy or similar enterprise, or any list of prizes award- mail o�foreign o,iiginr containing mane determined9by a - ed in well an enterprise. - -� ' courtofompetentjudsdicuonwbythelntemationalTrade.. 423 .This section does not apply W any, fishing Commission W violate the Semiconductor Chip Protumn ontest trot conducted for profit, wherein prizes we - Am of 1984.. " - awarded for the species, size, weight, or quality of e, Certain Foreign .Communications. Matter law -' fish caught by contestants in any bona fide fishing or dressed W foreign countries posted in violation of llaw recreational event(18 U.S.C. 1305). ' ' or treaty stiP11136011- d. .424 This section does not apply Wanadvertise. sc Lewd or Filthy Matter(18 U.S.C. 1461, 1463). merit, list of prizes, m information oncer^ing a lot- Obscene,.lewd. lascivious, or filthy publications or tory conducted by a State acting under the authority writings, oe mad containing sucinfoh matt"tion oncemtng Of its law contained in a newspaper published in that where, how, of fete^ whom such matter may le cob State m in an adjacent State which conducts such a rained• and matter wrapper is otherwise mailable but lottery, ar to the mailing to addresses within a State which has on in wmPPcr or envelope any indecent, of tickets or other material cm, a lottery coo- lewd, lawivios, or obscene writing or P^nu^& Any domed by that State under the authority of its law(18 mail containing my filthy,vile,or indecent thing. U.S.C. y that - 'a Matter inciting to Niolmee (18 U.S.C. 1461, 1717). Any matter of a character tending to incite A3 Advertising Matter - arson,murder, assassination, treason, insurrection- rat A" Any advertising, pmmontmat, or sales menet - forcible resistance W any law of the United States, er which solicits m induces the mailing of my article onnuinin, any threat to taf the life of, to to inflict States- described in 124.3,124.364, 124.37, 124.4,and 124.5 berm upon.the President of the United States. (harmful matter, radioactive material,controlled sub -«��an ma Iahle twhieh less on its Jou)tside wraPPer stances, knives and sharp objects and inivxiutivg sty card which hears tai its liquor as well as Pans, bottle ups and odd shaped or envelope or any Ip itobwouslY ems in envelopes), is likewise nonmailabU, except faze,any libelous. aCUTWira, defamatory or threoteo- se fit.such matter rr renting gt artclef described es ribedi 124.55 intended to Oring;language delineation. caristhe character or andis mailable if it "lot= Packaging tnstmctrms and o^d°cg. p hert of nM rter. (18 U.S.C. 1717): Every tetter, any other limitations on mailing which are in accord- writing,circular,postal card.Picture,print;engraving, ante rms with such pmvidof 124(IS U.S.C. 1416)• photograph, newspaper, pamphlet, book, or other .432 Advemsements for motor vehicleto aster publiq[ion, rnarier or thing, described in the staeuta keys (sea 124.45) are no^mailable (18 U.S.C. 1716A, - hereinafter referenced[ 39 U.S.C.3002). - (1) Forged or altered military m official passes .433 Any advertisement or other written rcprcseo- - (18 U.S.C. 499). - - tation that any snick, wbs==, ar thing may or can (2) Matter bearing forged- or altered-Stals of be used for producing abortion is nonmailable, except OovemmeIn departments or agencies(I8 U.S.C. 506).. who ma the iler has no commercial interest in any (3) pefern:information (I8 U.S.C.793.794). wch item(18 U.S.C. 1461).(See 124.481.) ! (4) - Documents obtained by persons falsely as-, 434 The statute making unsolicited advertisements for suming to be foreign diplomats(18 U.S.0 915). Lntramptives n held Consumers (39 U.S.C.- - (5) False statements influencing foreign govem- 3001(e)(2)) has been ttn heW unconstitutional by the U.S. ;: merits(IH U.S.C.954). Supreme Court Any addressee of such an advertisement - - _. Moe ig, e•7-88 _ .•:,:;. ��le/'. . UsiiJCSs W-1 F` X36 Week in review Action Alert ROAD FUNDING IS IN JEOPARDY Local officials need to contact their legislators to stress the importance of roads and the need for state assistance for roads. A significant aspect of the governor' s budget includes suspending the planned transfer of the motor vehicle excise tax monies from the general fund to the highway user' s fund. This would result in a loss of $225 million for road repair and construction unless state lawmakers find an alternative or reject the governor's proposal . Several legislators who disagree with the proposal have indicated their surprise at the lack of state support for road funding. The League and other local government associations have been participating in a cooperative effort to promote the transfer. The „ ,..� League urges city officials to "turn u the heat” on this issue to �0 indicate t e importance o sta a road monies in the transportation ypr system. We understand the difficulty of this request, because it' s hard to determine the individual impact of the governor's plan on your area' s roads. But should the transfer not occur and no other state assistance replace it, it' s likely that only high-volume, poor-ccondition roads will receive any funds. This message is particularly important Por metro-area city officials, who traditionally have not lobbied as strongly on roads as non metro officials. We also suggest that while you have your legislator on the phone, you might put in a mention of the continued need for a state commitment to transportation assistance in general . ENVIRONMENTAL QUALITY BOARD SEEKS CITY INPUT The Environmental Quality Board (EQB) is seeking information or opinions from cities and other sources concerning the existing environmental review rules (environmental assessment worksheets and environmental impact statements) . Specifically, the EQB requests information and comments concerning the following topics: 1 ) mandatory threshholds for Environmental Assessment Worksheets and Environmental Impact Statements, and 2) the process for preparing, reviewing, and responding to comments on EAWs. Interested or affected parties may submit data or views on `/ these issues orally or in writing to Greg Downing, Environmental W-2 Review Program, Minnesota Environmental Quality Board, 110 Capitol Square Bldg. , 550 Cedar St. , St. Paul , MN 55101 , (612) 296-8253. Comments will be accepted through May 29, 1987. (The EQB maintains a list of all parties who have registered with the agency for the purpose of receiving notice of rule hearings. Anyone interested in being placed on this list should contact Downing at the above address. ) WARD REAPPORTIONMENT BILL GETS COMMITTEE APPROVAL The Senate Elections and Ethics Committee met on Wednesday, March 11 , and recommended to pass League-supported S.F. 397 (D. Peterson) . This bill would provide for an orderly process to reapportion city wards and precinct boundaries after the Legislature has reapportioned state legislative districts. The bili now goes to the Senate floor. No hearing has been scheduled in the house. The committee laid over S. F. 487 (Luther) which would provide for a centralized voter registration system to increase voter participation. Testimony in favor of the bill came from Common Cause, the League of Women Voters, and Mn. 33% Campaign. Hennepin County raised concerns. No hearing is scheduled in the House. F-2 671�4e,- BU.5,,2e_55 /3c Send telegrams, letters, and make phone calls to your congressman as well as to our two U.S. Senators to make clear to them the cost of previous losses of federal aid and increased expenses to the city for complying with FLSA, environmental standards, Medicare and Social Security requirements, etc. Action Alert OPPOSE FURTHER EROSION OF LOCAL AUTHORITY TO RESTRICT BILLBOARD SITES City officials should act immediately to contact members of the Minnesota Congressional Delegation to oppose efforts to weaken the authority of cities to regulate billboards. There are no provisions in the Senate version of the Surface Transportation Assistance Act to aid cities to maintain some control of billboard sign location. That legislation is now being considered in a HouseSenate conference committee (SeeCities Bulletin,No. 6, for further explanation of the importance of action on that bill ) . Amendments to strengthen city authority under the Highway Beautification Act have been defeated in Senate committee and floor action in the Senate in the Senate in February. Conferees on HR 2, legislation extending federal surface transportation programs, have now reached tentative agreement on federal regulation of billboards. Initially, conferees agreed to the House language strengthening the current federal regulation of billboards. The agreement included a freeze on the total number of billboards along federal highways and limited the replacement billboard to the size of the one removed. It would also create a 2,500 foot buffer zone around national parks and historic areas and lift the cap on the amount of funds states could spend on billboard removal from federal highway funds. The LMC Board of Directors voted in Januar to support federal I isl ation to permit cit es to exercise zon ng au noricy Lu urder removal o existing b 1 boar s an o repeal reguiremen s a currently call Por cities to make cash payments to billboard owners for removal . State courts have approved removal oP billboards under local land use control ordinances, but the federal - pre-emption in current federal law effectively prevents enforcement of such local policies by forcing cities to pay the billboard industry for the removal of such signs. It is very important for city officials to let their congressman and Senators Boschwitz and Durenberger know of their concern and to M insist that city authority to regulate billboards be upheld . F-1 Federal update Action Alert CITY PROGRAMS LIKELY VICTIMS OF NEW FEDERAL BUDGET CUTS City officials must act immediately to make members of the Minnesota congressional delegation aware of exactly how much your city received in federal aid in 1986. Whether it was GRS payments , wastewater treatment construction grants, housing assistance, Community Development Block Grants, transportation funding, or other federal assistance for city residents, federal lawmakers need to know how any loss of those dollars has affected your city and how further cuts will impact local budgets for 1987 and beyond. House Budget Committee deliberations have revealed planned cuts of more than $9 billion in programs that directly affect city government. In addition, Congress likely will seriously consider removing the exemption for cities from the federal gas tax while imposing requirements that all city employees be covered by Medicare by FFY188 (which begins October 1 , 1987) . House leadership is urging Budget Committee members to recommend cuts of more than 10 percent for CDBG and to reduce transit funding in excess of 25 percent. Let your congressman and both Senators Boschwitz and Durenberger know how much it would cost your city in federal gas tax payments to operate city-owned equipment and vehicles . Unless city officials insist on no more cuts in federal aid, Congress is likely to target major city programs for steep reductions. Programs that aid community development, employment, public transportation, and housing needs at the local level are all vulnerable to further cuts for next year. Since 1981 , federal aid to cities has declined by more than 50 percent nationally. For Minnesota cities, the decline has been even more severe in many cases. During that same time the federal deficit has increased over 200 percent. Minnesota cities must absorb the loss of $80 million in General Revenue Sharing payments over the next two years at a time when the state is threatening to severely reduce property tax relief and local government aid payments to cities. As Senator Durenberger pointed out in comments to city officials at the recent NLC Congressional-City Conference, the withdrawal of federal funding of domestic programs is based on the mistaken notion of "'government by accident'--the theory that somehow we can get government for free if we just shift the burden to another (local ) level ."