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HomeMy WebLinkAbout05/12/1987 >x� TENTATIVE AGENDA ADJ .REG.SESSION SHAKOPEE, MINNESOTA MAY 12, 1987 Mayor Reinke presiding 11 Roll Call at 7:00 P.M. 21 Recognition by City Council of Interested Citizens 31 7:00 P.M. PUBLIC HEARING - Improvement to roadways within Killarney Hills by street construction - BRING REPORT 41 7 :00 P.M. PUBLIC HEARING - Improvement tc Market Street from 2nd to 4th Avenue by street construction-BRING REPORT 53 Parks Improvement Project 6] Minnesota Valley Restoration Project Inc. 7] Other business: a] Appointment of Acting Administrator for May 13th-17th b] May 26th at 7:30 P.M. meeting with City Hall Building Committee c] Mn/DOT News re: major traffic delays May 11 to July 1 �i VJ 8] Adjourn to Tuesday, May 19, 1987 at 7:00 P.M. John K. Anderson City Administrator s MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer SUBJECT: Parks Improvement Project ,^ DATE: May 8, 1987 INTRODUCTION: Engineering is requesting approval of plans and specifications and authorization to let bids for the construction of certain improvements to Tahpah Park, Lions Park, and Hiawatha Park. BACKGROUND: The plans include three individual improvement areas as indicated on the attached map. The cost of the improvements will be financed by donations from community service organizations. Schedule I ; consists of an expansion of the existing parking lot and reconfiguration of the parking spaces within Tahpah Park. There will be a total of 293 parking spaces including handicap stalls. The estimated construction cost of the improvement is $19 ,250 . 00 . The Jaycees have approved a donation up to $20,000.00 for this improvement. The City participation consists of: Engineering plan development Project administration Construction inspection Labor for pavement markings The Jaycees also agreed to donate the cost of the paint for pavement markings at an estimated cost of $400.00. Schedule II; consists of expansion of an existing trail system within Lion' s Park. The estimated construction cost of the improvement is $8,500.00. Tentatively, the Lion' s organization has agreed to donate the funds for this improvement. Presumably, prior to awardal of a contract, the specifics of that agreement will be formalized. The City participation is the same as Schedule I. Schedule III ; consists of overlaying the basketball court at Hiawatha Park. The estimated construction cost is $1 ,400.00 and the Basketball Association has agreed to donate the actual construction cost. Again, the City participation is that of Schedule I. RECOMMENDATION: I recommend that Council act to approve plans and specifications and authorize bid letting for the project. Parks Improvement May 8 , 1987 Page 2 REQUESTED ACTION: Move to approve the plans and specifications for the Parks Improvement Project 1987-8 and authorize the City Engineer to advertise a Request for Bids. KA/pmp PARKS C -0 mD mOX -n •� J Fm -0 -4 r' ; mm ri7 -A `p � n zo = Dm ( aoz = mow yzOx n00 D , mN :� o m on -- ii 2 > < -I o75z O mm w , - z � z� � zr^ m ... _ ... Novo za3 m i O® mo. '� z m 1 p) mZ 0z m / b� nv, o iwm Z " ons r- mo m - mo � '_'amoo t f v0 = < �v _ m M mom fTl r m .z 2 4 E ET i i ❑ ' COo csw n I LH .. m i i 1_ , F . in i im 6 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: The Minnesota Valley Restoration Project, Inc. DATE: May 8, 1987 Introduction The Minnesota Valley Restoration Project, Inc. (Murphy's Landing) received a certified letter from the attorney for the Scott County Historical Society notifying them that the Historical Society will retake possession of the premises no later than May 31, 1987 (letter attached) . As a result of this certified notice Scott County and City staff met with their attorneys to determine what the proper response might be from the County and the City. Joint City/County Staff Meeting with Attorneys The attorneys from Scott County and the City of Shakopee, along with the County Administrator and the City Administrator, met with the director of the Minnesota Valley Restoration Project, Inc. (MVRP) and their attorney on Monday, May 4th. The purpose of the meeting was to review the files of each of the three organizations to determine clearly the legal status and resulting role each organization would take in response to the certified letter from the Scott County Historical Society. After considerable review of the chronology of actions taken over the years by the City, County, Historical Society and MVRP it was determined that the only clear cut alternative was for the City to consider reclaiming the Murphy' s Landing site as provided for in Ordinance No. 290, 3rd Series, Since that meeting the City has received a resolution (attached) from MVRP signed by Marjorie R. Henderson, MVRP President. The resolution requests that the City reacquire the eighty-seven (87) acres of land occupied by Murphy's Landing that was deeded by the City of Shakopee to the Scott County Historical Society. The City has also received Resolution No. 87053 (attached) from the Scott County Commissioners recommending and encouraging the City of Shakopee to reacquire the 87 acre site upon which the Minnesota Valley Restoration Project is situated. The resolution pledges Scott County's continued financial support of the site if it is reacquired by the City. Enforcement of Ordinance No. 290, 3rd Series We have reviewed our records and found Ordinance No. 290, 3rd Series whichestablished in Section, III Page 3, certain "Limitations and Preservations on Conveyance" (copy attached) . Staff has reviewed the limitations and preservations on conveyance as listed in Items A through G on the attached page. We feel that paragraph C, D, E and F have not been fully complied with and would be grounds for the City to reacquire the site from the Scott County Historical Society. The paragraphs are reviewed below: Paragraph C. Paragraph C requires that the Society shall provide a public liability policy with the City of Shakopee and Scott County Historical Society named as assureds thereunder. The City has no record of our being named as assureds including the years 1982 through 1985. Paragraph D. Paragraph D requires that the Society maintain at all times a minimum active paid-up membership roster of one hundred Scott County residents. The City has no record of such a membership roster including the years of 1982 through 1987. Paragraph E. Paragraph E requires that the Society file complete annual financial statements with the City of Shakopee. The Society has not filed a statement for the 1986 calendar year and did not file statements for 1982, 1983 and 1984. Prior to that time the City received annual financial reports. Paragraph F. Paragraph F requires that the Society hold at least two general meetings per year and file the names of its officers with the City of Shakopee. The City of Shakopee has no record of these general membership meetings being held nor does it have a file of the names of officers including the years 1982 through 1987. Alternatives 1. The City Council can take a passive role in the current management problems faced by Murphy's Landing. Clearly the MVRP and the Scott County Historical Society have decided that they can no longer function together as they have in the past. If the Council is unconcerned about which of the two agencies would manage the Murphy' s Landing site this would be the appropriate alternative to select. 2. The City can become directly involved in the current management difficulties of the Murphy' s Landing site by taking control of the site thus placing the City in the responsible role for determining who shall manage the site. From the resolutions the City has received from the MVRP and Scott County Board it is clear that this alternative would be supported by those two organizations. MVRP has been directly responsible for site management since 1969 through good years and bad. The Scott County Board has been providing annual operating support throughout the years. This annual support is approximately $40,000 per year. The Scott County Historical Society has been a conduit for the money received by MVRP from public agencies such the City and the County, has provided County-wide support for the site because of its County-wide structure, and has played an advisory role in operating the site. Recommendation Because of underlying philosophical differences between the Scott County Historical Society and the MVRP Board, it is likely that the relationship between the two organizations will continue to be a rocky one if in fact it can continue at all. When the relationship becomes strained City and County officials have tended to be drawn into the issues involved to find the necessary solutions. If it is the City Council's desire to end this reoccuring condition then I recommend alternative No. 2. It will mean more responsibility for the City of Shakopee, but if the proper management of the site is obtained then our involvement need be no more demanding than our management, through contracts with private organizations, of the transit system and the cable system. Requested Action Direct the appropriate City officials to enforce Section III of Ordinance No. 290, 3rd Series to terminate the conveyance of the eighty-seven (87) acre Murphy's Landing site to the Scott County Historical Society and return the ownership of the site to the City of Shakopee. JKA/jms CHRISTIAN AND GROSS ATTORNEYS AT LAW 8608 LYNDALE AVENUE SO. EOWARO M. CNRISTIAM MINNEAPOLIS. MINNESOTA 33120 LOREN 6SOSS JAMES M. KEMPAINEN TELEPHONE BBI-B B]8 CERTIFIED MAIL RETURN RECEIPT REQUESTED April 22, 1987 T0: Minnesota Valley Restoration Project, Inc. c/o Marjorie R. Henderson President and Acting Director 2187 East Highway 101 Shakopee, MN 55379 Richard Mertz Scott County Commissioner 8455 Lewis Street Shakopee, MN 55379 ✓Gloria Vierling 1461 County Road 79 Shakopee, MN 55379 Re: Murphy's Landing We are writing this letter as attorney for the Scott County Historical Society, fee owner of the land upon which Murphy's Landing is located. The Scott County Historical Society does hereby give notice to the Minnesota Valley Restoration Project, Inc. of termination of the tenancy at will under which Minne- sota Valley Restoration Project, Inc. has been in poss- ession of Murphy's Landing. The Scott County Historical Society will retake possession of the premises as soon as possible but not later than May 31, 1987. In the meantime, you are. requested to cease any spending of money for other than current operating expenses since The Scott County Historical Society is having the property posted pursuant to Minn. Stat. s514.06. Marjorie R. Henderson Richard Mertz Gloria Vierling April 22, 1967 Page 2 Since the Historical Society is the agency to whom funds are given by the Scott County Board for distribution for historical purposes, the Society does hereby request in addition: a. An accounting of funds which have been spent during the current fiscal year. b. A return of all allocated but unspent funds. The retaking of the property will be subject to lessees' interests in all existing leases. In addition, the Society intends to honor employment contracts with Mariann Reid, Wenzel Koenig, and Francie Westlund. Your cooperation making the return amicable will be appre- ciated. Yours very t }�ly, Loren Gross LG/ar cc: Jackie Joslyn RESOLUTION WHEREAS, the Scott County Historical Society has served notice by a letter of intent on the Minnesota Valley Restoration Project, Inc., the County of Scott, and the City of Shakopee, of termination of the tenancy at will under which the Minnesota Valley Restoration Project, Inc. has been in possession of Murphy's Landing, and WHEREAS, the Minnesota valley Restoration Project, Inc. ,. a non-profit corporation established under the laws of the State of Minnesota, February, 1972, is charged to preserving and conserving facts of the Minnesota River Valley and other history about the conditions of the early settlors of the valley, the preservation of records, artifacts, buildings and educational centers, conducting meetings and generally to do any and all acts and things for the preservation and advance- ment of and in the furtherance and in the aid of any and all educational, historical and presentation of early history of the Minnesota valley Settlors and other educational purposes related to life along the Minnesota Valley, and WHEREAS, the approximately eighty-seven (87) acres of land occupied by Murphy's Landing was deeded by the City of Shakopee to the Scott County Historical Society with certain limitations and reservations, and WHEREAS, the County of Scott leased said land for twenty (20) years in 1972 for specific purposes, and has been a major annual contributor to the Scott County Historical Society and the Minnesota Valley Restoration Project, Inc., and WHEREAS, the Minnesota Valley Restoration Project, Inc. , desires to continue in the promoting, programing, managing, and all other areas as charged by the Articles of Incorporation. NOW THEREFORE BE IT RESOLVED, that the Minnesota Valley Restoration Project, Inc, requests the City of Shakopee and the County of Scott respond to the aforesaid letter stating the extent of their respective interests, and to support the continued management of Murphy's Land- ing by the Minnesota Valley Restoration Project, Inc. Motion by Trustees Malkerson/Weiler: Approved at the Regular Meeting of the Board Of Trustees, MVRP, Inc., Monday, April 27, 1987. Ma ie R./Aienddrson, President BOARD OF COUNTY COMMISSIONERS SCOTT COUNTY, MINNESOTA Date Mav 5. 1987 Resolution No. 87035 Motion by Commissioner Mertz Seconded by Commissioner Stromwall RESOLUTION NO. 87035 ; RECOMMENDING AND ENCOURAGING THE CITY OF SHAKOPEE TO REACQUIRE THE EIGHTY-SEVEN ACRE SITE UPON WHICH THE MINNESOTA VALLEY RESTORATION PROJECT IS SITUATED. WHEREAS, the Scott County Historical Society, Inc. , through a letter from its attorney Loren Gross dated April 22, 1987, served upon the Minnesota Valley Restoration Project, Inc. by certified mail , a notice to quit the premises situated on the eighty-seven (87) acre plot previously transferred to the Scott County Histori- cal Society, Inc. by the City of Shakopee; and WHEREAS, Scott County has a continuing interest in the opera- tions and vitality of the Minnesota Valley Restoration Project (MVRP) ; and WHEREAS, Scott County has determined that the historical integrity of the Minnesota Valley Restoration Project can best be preserved by the City of Shakopee retaking the approximately eighty-seven (87) acres which the City of Shakopee transferred to the Scott County Historical Society, Inc, for the purpose of estab- lishing a historical museum and village; and WHEREAS, the City of Shakopee transferred this property to the Scott County Historical Society, Inc . upon a number of conditions and restrictions which appear not to have been fully satisfied by the Scott County Historical Society, Inc. ; and WHEREAS, Scott County desires to maintain its financial and other support for the MVRP within its ability and as provided by law. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners in and for the County of Scott. Minnesota, that : i BOARD OF COUNTY COMMISSIONERS SCOTT COUNTY, MINNESOTA Date May 5, 1987 Resolution No. 87035 Motion by Commissioner Mertz Seconded by Commissioner Stromwall 1. Scott County recommends and encourages the City of Shakopee to retake all of the lands which it transferred under certain conditions and restrictions to the Scott County Historical Society. Inc . for the establishment of a historical museum and village in that Scott County understands that not all those conditions and - restrictions have been fulfilled; 2. Scott County intends to maintain its financial and other support towards the continuation of the historical museum and village upon the aforesaid property within its ability and lawful authority; 3 . Scott County further encourages the City of Shakopee to enter into an agreement with the Minnesota Valley Restoration Project. Inc. for the continued operation of the MVRP and Murphy's Landing; 4. Scott County further gives notice to the Scott County Historical Society, Inc . that any and all funds appropriated by Scott County to the Scott County Historical Society. Inc. for the benefit and use of the MVRP which it may recover from the MVRP, shall be returned forthwith to Scott County. BE IT FURTHER RESOLVED, that copies of this resolution be furnished the Shakopee City Council , the Minnesota Valley Restoration Project. Inc. Board of Trustees and the Scott County Historical Society. Inc . Board of Trustees by the County Admin— istrator. YES NO Konlarski x Konlarskl Bohnsack x Bohnsack Mertz x Mertz Stromwall x Stromwall ORDINANCE NO. 290, Third Series �. Page -3- ' S^I65 III: limitations and Peservations on Conve•.-ance Said transfer anu conveyance a'oove authorized and directed shall be upon the followang conditions, limitations, restrictions and further reservations, to_wit: ,.. 3he site is to be developed for and used as an Historical Society Par: and Kuseum[at the sole e=ense3of the Scott County Ristor_cal Society, Inc, and the said development shall be commenced rlthin twelve (1-1) months from the adoption of this ordinance and shall continue thereafter under the direction of said Scott County Historical Society, Inc. for the benefit, use and education of the general public, and upon such reasonable non-exclusive restrictions aro li,dtations as may be adopted by said society. _ D. That the site and said improvements and betterments placed thereon shall _ not be sold, encumbered, mortgaged or hypothecated, and that the Society shall keep said property free of any and all liens and other d-achments at all times. C. That the Society shall hold the City free and harmless from any and all claims arising out of the use and development of said site as aforementioned and will defend the City against any and all claims of whatever kind, nature or descrip- tion, and before opening to Cne public shall file with the City of Shakopee a / public liability.policy !.nth the City of Shakopee and Scott County _istorical Society, Inc. named as assureds thereunder. . i D. That the Society maintain at all times, a minimum active, paid-un membership rester of one hundred_100 Scott County residents. Z. That the Society file complete annual financial statements r$th the City / of Shakopee, indicating all monies directed io, and received for, the Shakopee project to be developed on the hereinbefore described land; and verifying that at least a substantial anount of all said monies be committed for the physical development and artifacts to be placed on and for the maintenance of said project on said lard above described. / F. That the Society hold at least trio gene:al meetirzs per year and an annual election of officers, and nrcmptly file the names of said officers so elected with the Cit;. of Shakopee. G. That the C4ty'�of Shakopee reserves the right to negotiate with the State of :inn=_sofa for the location arc construction of a bridge, highway and interchange over and across said tract as now being studied by the.City, the State of L_+nnesota, ' its agents, departments and commissions, wtithout incurring any Liability damages or indemnity whatsoever to said Society. H. That, should the Society fail to attract the anticipated financial support and to develop and use andproperly maintain said site as proposed and hereinbefore set out, or fail to comply pith any or the teras of this ordinance, title to said site together with all improvements and betterments thereon shall revert _to and become vested in the City of Shakopee free and clear or any claims of aqv person, firm, corporation or association; and any dispute or question as to the Society's Derformance here7.nder shall be in the first instance determined by the Common Council of the -:i.ty of Shakopee at a public hearing to be held after thirty days' written notice to said society specifying the grounds for said hearing, with the - right of the Society to appeal to the District Court of proper ju.-isdiction within thirty days after said 'nearing and deter-ination by the Council. I. .hat the Society by accepting this conveyance waives spy and all claims - that it now has or =ky hereinafter have for its own benefit or the general public or for its invitees and licensees against. the City of Shakopee for any reason or cause that arose, arises or eight arise or result froe the operation of the present sewage disposal facilities operated by the City of Shakopee in the vicinity of the sewage above described property of any future/disposal operations carried on in the vicinity of the above described land. S3=1M'. 1V: Separability Each and every section, provision and part of this ordinance is separable from any other section, provision or par'., and, should any section, provision or part be, held unconstitutional by a Court of competent jurisdiction, it shall not affect any other section, provision or part hereof. SBC2Try' V: Acceptance by the Society and 1.%-en in rorce This ordinance shall became effective thirty (30) days from and after its adoption and publication as provided by the amended Charter of the City of Shakopee; provided that the Socieiy shall file a duly notan_zed acceptance of all texas h ereof, upon authorization given by a vote of the general n rdeership of said Society duly assembled. THE STANS FOUNDATION 350 WEST COLORADO 9OULEVARD SUITE ]IS PASADENA,CALIFORNIA 91105 - May 5, 1987 RECEIVED MAY 1 11967 The Honorable Eldon Reinke CITY OF SHAKO"EE Mayor City Council of the City of Shakopee City Hall 129 First Avenue East Shakopee, Minnesota 55379 Dear Council Members: This Foundation has been the major private source of financial support for the Murphy's Landin¢_proiect since its 3ncgation- We understand that, because of jurisdictional disputes, the City is commencing action to reclaim title and control of the site on which the Murphy's Landing development is located, and then to contract directly with Minnesota Valley Restoration Project to manage and operate it in the future, eliminating any middle agency in the funding and decision process. ..WR_erg_s=..dssixnu�oa��exr-.,z°�eexng',,44rpny'-d-,.una3dg-compxgcea 'ana• operated as a quality educational facility and assure you of our continu- ing support in the future so long as: 1. Our contributions will be limited to capital purposes and not to finance operations. 2. Murphy's Landing continues to be developed and operated under a long- range master plan consistent with the original concept under which it was started and under appropriate historical standards. 3. We remain satisfied that the quality of the Board of Directors and management is such to insure continued progress toward the completion of the capital plan and the effective use of the project by the public. Of necessity this must be considered a letter of intent, and not a fixed contractual obligation because we are unable to consider all of the financial developments that might in the future affect our ability to meet our own desires to help the project or the needs of the project as they might occur. Sincerely, Maur e H. Stars Chairman MHS:me Mn/DOI ;Fy News Date: May 1, 1987 612/593-8400 6121593-8414 To be Released: IMMEDIATELY MAJOR TRAFFIC DELAYS ANTICIPATED ON TH 169 NEAR MINNESOTA RIVER BRIDGE BEGINNING MAY 11 Traffic on TH 169 near the Minnesota River Bridge in Shakopee may experience lengthy traffic delays beginning May 11 and ending approximately July 1. Traffic congestion is expected as the Minnesota Department of Transportation resurfaces 3.8 miles of road from the river bridge to CSAH 1 in Eden Prairie. There will be daily lane closures restricting traffic to one lane in each direction, with flagpersons regulating traffic during non-rush hours. No lane closures will occur during morning and afternoon rush hours (6130 a.m. - 8:30 a.m. and 3:30 p.m. - 6:00 p.m.). Crews will work nigbts between 6:00 p.m. and 6:00 a.m. , as well as some daytime hours outside rush hours. The project will cost about $520,800 and should be finished in about 25 working days, weather permitting. About 20,000 cars a day use this stretch of road. Motorists are asked to use caution when driving through the work zone to protect themselves and construction workers. Alternate routes may work better for many motorists. 00040 For more information, call: Dick Hoppenrath Dennis Wildermuth Marsha Storck Resident Engineer Project Supervisor Media Relations Coordinator 341-7427 341-7427 - 593-8432 � I MESSERLI & KRAMER WILLIAM G MESSERLI ATTORNEYS AT LAW ROSS C.NRAMER MAIN.M NRAOUM 1500 NORTHLAND PLAZA BUILDING MARK S.LARSON TIMOTHY 4. SAUER 3800 WEST BOTH STREET REBECCA H.PNEOERIEN MINNEAPOLIS,MINNESOTA 55431-4409 ROBCNT C.RENNER.IN. RAN.,.. NORA L. NCREN (612) 893-6630 TTOMA. SPM. N.A.RIS RCC `` AUL M. BEOICM CHRISTOPHER B.HUNT L,MRIE P. HUUSNO +A ES C.WIONA - May 11, 1987 I,NE A. NOT I row B� MRK A SHORT CH AEL O.p[OEPSON /�� ( e Mr. John Anderson, City Administrator City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Dear Mr. Anderson: On behalf of Messerli & Kramer, I am pleased to submit the enclosed proposal to provide the City of Shakopee with legislative lobbying services. As we previously discussed, the firm of Messerli & Kramer will lobby for passage of an admissions tax on amusement facilities in Scott County. We are quite aware of Shakopee 's interest in retaining the sunset provision and the dedication of the receipts to the Bloomington Ferry Bridge. We look forward to working with you and the City of Shakopee on this issue. I have enclosed a firm resume for your information. Thank you for the confidence you have placed in our firm. Sincerely, Ro ert - G. Renner, Jr. Legislative Counsel RGR:dhl Enclosures MESSERLI & KRAMER WILLIAM F. MEES.RLI ATTORNEYS AT LAW ROSS E KRAMER 1500 NORTHLAND PLAZA BUILDING VIO R. KRACUM wN S.I.SON 3900 WEST 60TH STREET REBECCA vJ.SAU[n aetcA N.FaEOEwrcN MINNEAPOLIS.MINNESOTA 55431-"09 .SENT 6. MENHIR.IN. SANG MAL. ME EN (612) 993-6650 wMMLwM W.MORRIS THOMAS M.REOAN PAUL M. KOICM CMRISTOPMEM G.HUNT LAURIC R.MUUENO MES G WICNA MANE A.NOTULA RIC A.SHORT MICHAEL o. ReocwaoM PROPOSAL Messerli & Kramer (the Firm) will represent the City of Shakopee as legislative counsel before the Minnesota Legislature. The Firm will personally lobby legislators, legislative staff and executive branch personnel in attempt to pass an admissions tax on large amusement facilities located in Scott County. The Firm will lobby on behalf of the City of Shakopee to retain a sunset provision and dedication of the admissions tax receipts to the Bloomington Ferry Bridge. The Firm will undertake this legislative representation at the rate of $95 per hour, plus out-of-pocket costs and expenses. The Firm estimates that this project will take between 10-20 hours. Therefore, fees for professional services rendered can be expected to range from $950 to $1,900. The Firm will not exceed the maximum amount without prior approval from the City of Shakopee. An invoice for professional ser- vices rendered will be submitted to the City of Shakopee on June 15, 1987. All four lobbyists employed by the Firm will be available to assist the City of Shakopee on this issue, however, Robert G. Renner, Jr. , has been assigned the role of lead counsel. The Firm will be responsible for the lobbyist registration and reporting requirements mandated by State Statute. Signed on behalf of Date CITY OF SHAKOPEE Rpert G. Renn�JI, . , Vor Da_& MESSERLI & KRAMER