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Home My WebLink About07/14/1987 TENTATIVE AGENDA ADJ .REG.SESSION SHAKOPEE, MIN6.ESOTA JULY 14, 1987 Mayor Reinke presiding 1] Roll Call at 7:00 P.M. 21 Liaison Reports from Cocncilmembers 3] RECOGNITION BY CITY COUNCIL. OF INTERESTED CITIZENS 41 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. ) 5] Communications: (Items noted for consent will be received and filed) a] Action Alert re: Proposed tax increases for cities under consid- eration for FY'88 federal budget *b] Todd Schwartz re: resignation from Industrial Commercial Cow.. C] Mt. Olive Ev. Lutheran Church re: park dedication d) 6] Public Hearings: None 7] Boards and Commissions: Planning Commission a] Final Approval of Heritage Place - Res. No. 2760 8] Reports from Staff: [Council will take a 10 minute break around 9:00] a] Declaring Adequacy of Petition and Ordering Preparation of Report for Improvements to Heritage Place - 87-13 - Res. 2757 b] Receiving Report and Ordering Specifications for Improvements to Heritage Place - 87-13 - Res. 2758 c] Mount Olive Evangelical Lutheran. Church/Eagle Creek Junction 1st Add'n. Developers Agreement - Res. No. 2759 d] Tax Increment Financing Revenues e] Accepting Bid on Downtown Streetscape Improvement Project No. 1987-2 - memo on table f] Agreements for Railroad Crossing Improvements - Res. 2755 g] Umbrella Insurance Policy - bring item 9k from 7/7 agenda h] "Available" Cash - bring item 9m from 7/7 agenda *i] Agreement with Scott-Carver-Dakota Community Action Agency, Inc. 9] Resolutions -and -Ordinances: . --- - - *a] Res. No. 2733 - Vacating Austin Street South of Davis Court b] Res. No. 2753 - Accepting Bid on 1987 Pavement Preservation Program - Overlay 1987-11 c] Res. No. 2754 - Accepting Bid on 1987 Pavement Preservation Program - Sealcoat 1987-10 TENTATIVE AGENDA July 14, 1987 Page -2- 91 Resolutions and Or "nances continued: d] Res. No. 2752 - portioning Assessments in Eagle Creek J ction 1st Addition e] Ord. No. 220 - Amen ing City Code Relating to the Community Recre tion oard 101 Other Business: a] Administrative Policy No 115 ,- bring item 11b from 7/7 agenda b] c] 11] Adjourn to Tuesday, July 2 1987 at 7:00 P.\ John K. Anderson City Administrator TENTATIVE AGENDA July 14, 1987 Page -2- 91 Resolutions and Ordinances continued: d] Res. No. 2752 - Apportioning Assessments in Eagle Creek Junction 1st Addition e] Ord. No. 220 - Amending City Code Relating to the Community Recreation Board 10] Other Business: a] Administrative Policy No. 115 - bring item ilb from 7/7 agenda b] c] d] 11] Adjourn to Tuesday, July 21, 1987 at 7:00 P.M. John K. Anderson City Administrator lTHE "y87 'dAPSCOTTLAND COMPANIES July 10, 1987 Chairwoman Jane Van Maldeghem and Members of the Planning Commission City of Shakopee 129 E. First Avenue Shakopee, MN 55379 RE: Starwood Music Center Dear Chairwoman Van Maldeghem and Members of the Planning Commission: In advance of submitting our formal response to questions asked of us during the public hearing on June 18th, we are forwarding to your attention some additional, recent correspondence for your review. Please add this correspondence to the file of letters of endorsement and support which have been brought to your attention since the project was first proposed. Attached please find the following: 1. A letter from Pouliot Designs, a manufacturing facility located in Canterbury Park. 2. A letter from L. Wilson Power Corporation, an industrial plant in Canterbury Park. 3 . A letter from The Toro Company in Canterbury Park. 4. A letter from the Backstretch Campground. 5. A letter from Melanie Kahleck, local resident and business owner, informing us of a letter which she sent to the Planning Commission. 6. A letter from Governor Rudy Perpich. 7. A letter from the Mayor of the City of Cuyahoga Falls, home of the Blossom Music Center. P.O. Box 509 1244 Canterbury Road Shakopee, Minnesota 55379 [612]445-3242 Shakopee Planning Commission July 10, 1987 Page 2 8. A letter from Thomas Brownell, Chief of Police, in response to our request that he review and critique our Production and security Manual. We have met with Chief Brownell to answer any questions he had with regard to the facility and the manual and we have incorporated his thoughts into our planning and procedures. If you have any questions or comments, please call. Very truly yours, THEESSCCOITfTLLAND COMPANIES Bruce D. Malkerson Executive Vice President Je frey Siege Project Manager JS:ap Enclosures c.c. City of Shakopee Councilmembers John Anderson Doug Wise Dennis Kraft Ken Ashfeld 4700 VALLEY INDUSTRIAL BLVD. SO . , SHAKOPEE, MN . 55379 PHONE : 612 - 445- 8600 CABLE : PDESIGN TELEX : 29 - 0839 pouWedeAW June 25, 1987 Mr. Jeffrey L. Siegel , The Scottland Companies P. 0. Box 509 1244 Canterbury Road Shakopee, Minnesota 55379 Dear Mr. Siegel: Pouliot Designs is very satisfied with our location in Canterbury Park. We are in favor of all of the attractions which have developed in the Shakopee area and are particularly thrilled to hear about the new Starwood project. An entertainment complex such as Starwood will be an added feature for our employees, as well as add to the local tax base. This is particularly important, in that one of our major needs in this area is for the new bridge to cross the Minnesota River. Any project which will help in that development will be a great asset to this community. Very truly yours, POOUULIO�T DESIGNS COR�PORRAATION Ted Pouliot TAP/mjs nvm<nr or �i THO-A � ,,,,.a,E.....: �' BOO VALLEY ,MINNESOTA n S VALLEYE,MINNESOTA RCUE 6121445.2020 C G Fi P C R ATI.O IV 80013286441 June 26 , 1987 SCOTTLAND, INC P 0 Box 50, 1244 Canterbury Road ' Shakopee, MN . 55379 ATTENTION: Mr. Jeff Siegel Dear Jeff : - ` In response to your inquiry "as- to what impact, if any, Canterbury Downs has had on our industrial . operations, 1-am very happy to comment thatthe impacts. we ,have experienced . are favorable. The hours of operation at Canterbury have made traffic problems unnoticable. We have had- noinstances of any other type of problems. In contrast, the influx of entertainment industry has ° had thefollowing positive impact. . . Created motel accomodations sorely needed for our out-of-town guests . The ownership of Club House season tickets has provided us with an excellent sales promotion; wherein, we offer the use of our _ tickets to our customers provided they stop at our facilities to pick-up the pass. You also inquired as to what impact the proposed open air theater ' might have on us. As the intended useage is evening and _- --- - weekends, we do not feel there would be any more negative impact than we have experienced by Canterbury Downs, Valley Fair, or the Canterbury Inn , whichhas been nil . We would view the entertainment provided by such a "complex as an additional . sales and marketing tool that would likely be used by our company. Ihope this satisfactorily answers your questions . rely, 6 Nolan, _ President RJN:gh The Toro Company Epp Valley Induatial BIW.,Shakopee,Minnesota 55379 612/937-3 July 8, 1987 Mr. Jeff Siegel The Scotland Companies 12244 Canterbury Road Shakopee, MN 55379 Dear Jeff: What effect did having an entertainment facility such as Canterbury Downs have in making our decision to move to the Industrial Park here in Shakopee? The decision to move the metal components manufacturing facility to the Industrial Park in Shakopee was based largely on two factors; the first was due to the fact that we already owned property and had an unused building here in the Park and, therefore, was the most preferable from a cost standpoint. Secondly, the demographics of the existing employment population showed this to be the best location for the most employees if we, in fact, had to make a move from the Bloomington location. The traffic issue was discussed as a potential negative but discussions with other Park residents led us to believe that such problems were minimal and, in fact, did not then serve as any kind of potential deterrent. We prefer being part of a community who strives for ways to keep the area fiscally strong. We feel that the integration of recreational facilities such as Valley Fair, Canterbury Downs and the proposed Music Center with equally clean and attractive industrial facilities such as Toro and others, provides no basis for conflict so long as all of the businesses are managed prudently and with respect for each other. JSincerely, X'ii�ncere l y, Stanle ey Personnel Ma ager 2UD9sn pbsiu� 8855 13th Avenue East RV PARK Shakopee, MN 55379 8 (612) 4451044 CAMPGROUND June 30, 1987 Mr. Jeff Siegel Project Manager Starwood Music Center P.O. Box 509 1244 Canterbury Road Shakopee, MN 55379 Dear Mr. Siegel We are anxiously awaiting the addition of the Starwood Music Center to the Shakopee tourism community. The quality and versatility of the proposed outdoor music center will make for another fine attraction in Shakopee. With Starwood being a multi-functional center a wide variety of performances will be possible. The performances by orchestras, symphonies, contemporary music groups, jazz groups, musicals, and theatrical productions will make for a truly versatile center. The other possible uses will promote convention meetings and benefit civic groups. The success of any single facility is strongly dependant upon what other facilities are located in the surrounding community. Starwood will add another key element and strengthen the already diverse Shakopee tourism community. Good luck on the project and if we may be of any assistance please let us know. tz- VanRemortel, President 4Ln Lean, Manager 11 221 E. 15i AVENUE, SHAKOPE E, MN 55379 (6121«5-5275 July I , 1957 Jeffrey Siegel 111= 0v 1987 Starwood Project Manager The Scottland Companies nE S_o•t1`�'11 `"rrpar;les 1244 Canterbury Road Shakopee, MN 55379 Dear Jeff : Enclosed is a copy of the letter I sent to the Shakopee Planning Commission, supporting the Starwood project . I also sent virtually the same letter to the editor of the SHAKOPEE VALLEY NEWS . I, wish you success in your project . The more I studied it the more impressed I became . N.NS ' el , n>. Kahleck 221 E. IST AVENUE.SNAKOPEE,MN 55379 (612)aa5-5275 July i , 1987 Jane Van Maldeghem, Chair, and - Planning' Commission Members City: of Shakopee 129 E . First Avenue Shakopee , MN. 55379 Dear Planning Commissioners: . I am a Shakopee resident and business owner, and I wish to express my support for -the &tarw.00d Amphitheatre. I 've studied the city's voluminous file on. St.arwood, . which includes documents both in support and in opposition to Starwood, . and I, have followed the continuing -saga of Starwood in the SHAKOPEE VALLEY NEWS. I believe S:cottland, the project ' s developer, has more than satisfactorily answered its opposition. "Noise Pollution: How do you sound-proof an open amphitheatre?" Scottland -seems -to have gone to considerable trouble to hiresound experts to design the facility so as to ensure little. or no .sound off-site . These experts '- extremely - impressive resumes are available in the file for anyone to read; - I 'm satisfied that they know what .they' re talking about. "Ecology" There is a concernaboutthe effect of Starwood on the .local ecology. I believe Starwood ' s exhaustive Environmental Assessment Worksheet, which is also a matter of public record, more thanadequatelyanswers any questions on the project ' s effects on surrounding air, water, and wooded areas ; I am satisfied that the developers are sensitive to environmental needs and that the project will not have an adverse effect on the ecology. "Increased Traffic" The tra-ffic will be in the evenings , after- rush hour and after.race. track traffic, so it won' t increase -the size of current traffic jams . - It will increase the number of hoursthat there is heavytraffic on our roads, but I think it ' s important for us to remember that there will soon be a Bypass. to help handle that traffic . Also, the County will be collecting $ 100,000 in amphitheatre admission taxes annually to Planning Commission, page 2 help construct the Highway 18 bridge, making the Starwood project a benefit to local traffic (I commend whoever thought of that , tax--it ' s really a very clever idea) . "Crime, Drugs , Pollution, Litter and Trash are factors in this type of operation." I think the -spectre of drug-ridden teenage hoodlums intent on mischief after a wild rock concert is really what haunts Starwood' s opponents more than anything else . But where is Starwood located? IT ' S LOCATED RIGHT IN THE MIDDLE OF CANTERBURY PARK. I don' t pretend to know the corporate design of the various Scottland companies, but it seems obvious to me that the developers of Starwood are pretty much the same bunch of folks who own Canterbury Park, MAKING STARWOOD ' S DEVELOPERS THE PEOPLE WITH THE GREATEST VESTEDINTEREST IN KEEPING CRIME, DRUGS , POLLUTION, LITTER AND TRASH UNDER STRICT CONTROL. They don' t want people vandalizing their property. They don' t want drug crazed hoodlums running amok in the industrial park, or terrorizing folk at the Canterbury Inn, or climbing the fences to harass the horses at the racetrack any more than residents a mile away want them in their yards . This being the case, Starwood aeras to have been carefully planned to avoid attracting or encouraging people intent on that sort of deviant behavior. Starwaod will not invite groups with a reputation for wildness . They want respectable groups who will draw respectable crowds--far example , the Minnesota Orchestra wants to do a series of up to 12 performances next year . As Joseph Zak, the leader of the Starwood opposition, has himself said, "Symphony orchestras, Broadway plays, middle of the road groups and entertainers do not normally promote these types of problems . " Half of Starwood' s music will be "contemporary" . But as Jeff Siegel , Starwood Project Manager pointed out to me, "contemporary" doesn' t necessarily mean Ozzie Osbourne . Starwood doesn' t want contemporary entertainers who are known for attracting rowdy crowds . Starwood wants "contemporary" artists like Neil Diamond. The opposition keeps focusing on -unruly crowds of 17 ,000 people. But Scottland makes it very clear, over and over, in document after document , that ( 1 ) facility use and facility security are both designed to discourage unruly behavior, and (2) most events will draw only 5 ,000 to 7 ,000 people . There will only be 4 or 5 events a year designed to draw 17 ,000 people. To keep these numbers in perspective we should remember that the racetrack draws an average of 8 ,000 or 9 ,000 people a day; there were over 20,000 people at the track for the St . Paul Derby last Sunday . The Renaissance Festival draws up to 25,000 people per day. I believe Starwood' s opponents-havevoiced legitimate concerns, but it seems to me that Scottland has been more than responsible in providing satisfactory answers . Planning Commission, page 3 But I do consider the opposition' s• charges of project secrecy and lack of public scrutiny more than a little ludicrous . There were a couple of months at the end of last year when you could hardly attend a community meeting without having to listen to a Starwood presentation. Rotary, Lion' s , VFW, American Legion--you could hardly get two or more people together in this town without tripping over a representative from Starwood . I support the Starwood AmphiCheatre. I believe it will be of great benefit to Shakopee in increased jobs , in increased tax dollars , and in increased tourist dollars . And I eagerly anticipate having to drive only a couple of miles to attend a performance of the Minnesota Orchestra. I would like this letter of support to be read into the record at the July 300/ymeeting. M e a resident Signs of Quality, Inc. AOL STATE OF MINNESOTA 11W OPPIGR OP'Itni GWEnNOR ST. PAUL 55155 RUDY PERPICH GOVERNOR - - - —----- June 30, 1987 Mr. Bruce D. Malkerson Executive Vice President Mr. Jeffrey Siegel Project Manager The Scottland Companies P.O. Box 509 Shakopee, MN 55379 Gentlemen: Thank you for your recent letter outlining the progress with your Starwood Music Center. I appreciate your keeping me informed about the various fund raising projects and events you are planning, including those for the High School for the Performing Arts and the performance by the Minnesota Orchestra at Canterbury Downs racetrack. I know that you have shared this material with the Lieutenant Governor and Hank Todd and I would like to wish you continued pr or your venture. Sincer , BUD PERPIC Cove or AN EQUAL OPPORTUNITY EMPLOYER ®g O City of Cuyahoga Falls Office of The Mayor 2110 second street DON L. ROBART Cuyahoga Falls, Ohio 64222 Phone(216)9299921 Mnor July 1, 1987 Mr. Jeff Siegel The Scotland Company 1244 Canterbury Road Shakopee, MN 55379 Dear Mr. Siegel: I understand that an outdoor amphitheater-type facility is being contemplated for the greater Minnenapolis metropolitan area. In conjunction with this project, you are requesting information from our city regarding our experiences with the Blossom Music Center. I appreciate the request and hope that my input will be helpful to your exploration. The Blossom Music Center became a part of the City of Cuyahoga Falls on January 1, 1986. Prior to that, Blossom was in Northampton Township. For this reason, Cuyahoga Falls has only 174 years' experience with Blossom. Problems evolved with Blossom concert-goers toward the latter part of the 1986 season. Loud noise, litter, traffic congestion and generally unruly patrons were the complaints of several neighbors. Subsequently, I formed a committee to investigate the complaints and recommend ways to improve conditions. We are now midway through the 1987 season and I am very happy to report that as a result of changes that were implemented, complaints have been resolved significantly. Despite the aforementioned problems, the Blossom Music Center remains a facility that, on a given night, entertains upwards of 20,000 individuals. Furthermore, the management at Blossom has been very responsive to the community in attempting to alleviate specific problems. The City of Cuyahoga Falls has demonstrated its pride in the Blossom Music Center by incorporating in our "Welcome to the City" signs the phrase "Home of Blossom Music Center." I personally regard the Blossom Music Center as a big plus to our community. In conclusion, there is no denying that the instant emergence of 20,000 concert-goers on a given night into our community has caused some unique problems. However, on balance, the Blossom Music Center has been a strong, positive influence in northeast Ohio and I would encourage the leaders of Minneapolis to support a similar facility for your area. 1\SSiincerely2,�/(��p7�� D �' o 1 : Don L. Rbar Zt Mayor DLR/sc "i City of Shakopee POLICE DEPARTMENT c 7 476 South German Street —v 77 SHAKOPEE, MWNESOTA 55379 Tel. 445.6666 July 9, 1987 Mr. Jeffrey Siegel Project Manager , Starwood Music Center 1244 Canterbury Road Shakopee, MN 55379 Dear Mr. Siegel: I have reviewed the Production and Security Manual, and as you know consulted with Starwood Management regarding security procedures at the proposed facility. I believe a safe environment will be provided for those persons attending the various events. You can be assured that all local ordinancesand State laws will be strictly enforced on-site and within the City of Shakopee. As we discussed, officers from several jurisdictions are employed by the various entertainment centers to provide traffic control and security duties, so that manpower resources are not solely the responsibility of the Shakopee Police Department. I will not permit a lesser number of officers to be employed by the facilities than I feel are required to maintain a safe environment for a specific event. I appreciate Starwood managements willingness to respond to our mutual security concerns and assurance that a cooperative spirit will prevail in the future should the Center become a reality. Sincerely, Thomas Brownell Chief of Police TB:cah �o cSctee �0 lnmtrek Actionfirom the 11 E ue Minnesota 183 University Ave. E., St. Paul, MN 55101-2526 (612) 227-5600 MEMORANDUM July 7, 1987 TO: Mayors, Managers, Clerks FROM: Ann Higgins, Federal Liaison/ - Program Development SUBJECT: PROPOSED TAX INCREASES FOR CITIES UNDER CONSIDERATION FOR FY-88 FEDERAL BUDGET Members of the House Ways and Means Committee, including Rep. William Frenzel (3CD-MN) , are currently considering a "menu" of tax options presented by committee chairman Dan Rostenkowski, who has announced that, beginning this week, the House Ways and Means Committee will draft tax proposals to comply with the recently approved FY'88 Budget Resolution. A number of the tax increase options to be considered would have direct impact on cities in Minnesota. The League recommends that city officials review the following proposed tax increase options and let your Congressman and Senators know that serious difficulties for cities will arise if additional costs are passed on to local government. Please make every effort to communicate directly with both members of the U.S. House and Senate from Minnesota to emphasize your objections to any or all of the following options under consideration. It is important to stress the fact that nearly all these proposed tax changes raise the cost of local services and force cities to bear a disproportionate tax burden at a time when federal and state aid to cities has substantially declined while mandated costs for federal and state regulations have not. Further , many of these proposals strike at the remaining elements of the federal-local partnership by imposing federal taxes on city services and operations established to meet local needs. In this way, the federal government is simply increasing the cost of local services and placing an unfair tax burden on city residents. The only good piece of news is the information that Representative Bruce Vento (4CD-MN) has signed one of several letters being circulated in Congress opposing extension of mandatory Medicare coverage to all remaining state and local employees. Cities in the 4th Congressional District should thank Rep. Vento for his support and indicate their concerns over the prospects for this additional cost to city services. l PROPOSED FEDERAL TAX INCREASES WITH IMPACT ON CITIES 1. Mandatory Medicare Coverage: This mandate was included in the President's proposed federal budget submitted to Congress in January. It would require that all city and state employees ( including part-time) be liable for federal Medicare payroll taxes. Cities would pay 1.458 and withhold the equivalent amount of the first $43,800 of employee wages, effective January 1, 1968. The Lea ue estimated last year that such a new mandate would cost Minnesota ci ies $14 million, based on 1985 employment figures. Cities with paid police and fire personnel would be disproportionately affected by t is tax change. It also would eliminate the phase-in for medicare cover ge agreed to by the 1986 Congress which required that all newly hi ed city employees (after March 31, 1986) would be required to be c vered. 2. Gas, excise, and us taxes: This proposed tax increase was also proposed in the Presr a nt's Budget. It would -require all c1t pay federeal gasoline, iesel and other fuel taxes as well as federal excise taxes on heavy ve 'cles and tires and an annual use tax on heavy equipment. It woul be effective October 1, 1987. A number of Minnesota Congressmen an Senators indicated opposition to this proposal last March during m etings held with Minnesota city officials attending the NLC Congression -City Conference. It is very important to remind members of the Minne to Congressional Delegation of the opposition among cities to prop ed f/qfd eral tax increases imposed on local government operations. 3. Increased federal taxes on the int at earnings on traditional municipal revenue bonds: These pr osals include federal tax liability for both "private activity" (IDB) d general obligation bonds. a. Increasing the individual alt rna ive minimum tax (AMT) from 21 to 26 percent. The tax hike would ffec bond interest earnings for those investing in tax-exempt bonds us d by ities for economic development activities. b. Increasing the alternative corporate lternative minimum tax (AMT) . This would apply to all munici al bonds - 'ncluding general obligation bonds.-. . .- -- - - - - - - --- - - - - __ C. Repealing the exemptionom the individ al AMT for general obligation bonds. i d. Reducing state per capika volume limits on "private activity" (read: economic developmedt, housing, etc. ) bo ds by 10 percent and a 20 percent cut in other :individual tax credit including the low- income housing tax credit, the targeted jobs tax credit and the historic rehabilitation tax credit. e. Ending interest deductions on installment sale , (leases) of property to cities. Mew limits would be imposed omthe opportunity for corporations to sell personal property to a city on an installment basis. PROPOSED FEDERAL TAX INCREASES WITH IMPACT ON CITIES 1. Mandatory Medicare Coverage: This mandate was included in the President's proposed federal budget submitted to Congress in January. It would require that all city and state employees ( including part-time) be liable for federal Medicare payroll taxes. Cities would pay 1.458 and withhold the equivalent amount of the first $43,800 of employee wages, effective January 1, 1988. The League estimated last year that such a new mandate would cost Minnesota cities $14 million, based on 1985 employment figures. Cities with paid police and fire personnel would be disproportionately affected by this tax change. It also would eliminate the phase-in for medicare coverage agreed to by the 1986 Congress which required that all newly hired city employees (after March 31, 1986) would be required to be covered. 2. Gas, excise, and use taxes: This proposed tax increase was also proposed in the President' s Budget. It would require all cities to pay federeal gasoline, diesel and other fuel taxes as well as federal excise taxes on heavy vehicles and tires and an annual use tax on heavy equipment. It would be effective October 1, 1987. A number of Minnesota Congressmen and Senators indicated opposition to this proposal last March during meetings held with Minnesota city officials attending the NLC Congressional-City Conference. It is very important to remind members of the Minnesota Congressional Delegation of the opposition among cities to proposed federal tax increases imposed on local government operations. 3. Increased federal taxes on the interest earnings on traditional municipal revenue bonds: These proposals include federal tax liability for both "private activity" (IDB) and general obligation bonds. a. Increasing the individual alternative minimum tax (AMT) from 21 to 26 percent. The tax hike would affect bond interest earnings for those investing in tax-exempt bonds used by cities for economic development activities. b. Increasing the alternative corporate alternative minimum tax (AMT) . This would apply to all municipal bonds - including general obligation bonds. C. Repealing the exemption from the individual AMT for general obligation bonds. d. Reducing state per capita volume limits on "private activity" ( read: economic development, housing, etc. ) bonds by 10 percent and a 20 percent cut in other individual tax credits including the low- income housing tax credit, the targeted jobs tax credit and the historic rehabilitation tax credit. e. Ending interest deductions on installment sales (leases) of property to cities. New limits would be imposed on the opportunity for corporations to sell personal property to a city on an installment basis. A51�� f. Applying a .5 percent excise tax on the value of transfers of securities, including the sale of municipal bonds and securities. This proposal would affect the purchase and sale of securities in municipal pension funds. g. Increasing trust fund excise taxes (highway, airport and Superfund) by 33 percent, including several proposals to increase federal gas taxes. The rationale offered for this proposed tax hike is to replace federal revenues "lost" from tax-exempt (municipal) bonds used to finance activities for which cities are reimbursed (with federal trust fund revenues - which, by the way, are dedicated solely to such purposes) . It is also interesting to note what congressional sources have estimated for increased federal revenues that will result from the tax increase options listed above: • Mandatory Medicare: $1.3 billion in 1988; $5.2 billion over the next 3 years; • Gas, excise, and use taxes on city (and state) vehicles: $200 million in 1988; $800 million over the next 3 years; • Increasing individual AMT on "private activity" bonds: $800 million in 1988; $7.1 billion over the next 3 years; . Increasing corporate AMT: $300 million in 1988; $1.3 billion over the next 3 years; . Repealing the exemption for G.O. bonds and municipal revenue bonds from the individual AMT: $100 million in 1988; $900 million over the next 3 years; . Reducing state per capita volume limits: $1 .2 billion in 1988; $24.4 billion over the next 3 years; . Eliminating interest deductions on installment sales to cities: less than $50 million in 1988; $200 million over the next 3 years; Securities transfer excise tax (STET) : $5 billion in 1988; $22.5 billion over the next 3 years; Increasing highway, airport, superfund excise taxes: $9.2 billion in 1988; $29 billion over the next 3 years. Those tax changes resulting in the largest federal revenue gains next year (reducing state per capita volume caps on private activity bonds; imposing a securities transfer excise tax; increasing trust fund excise taxes; and imposing mandatory Medicare coverage) will be especially attractive to federal lawmakers looking for revenues to fund $19 billion in expenditures for FY' 88 for which current federal tax sources will not be adequate. S Todd R. Schwartz RECEIVED - 1178 Tyler St. Shakopee, Mn 55379 JUL 91967 C!TY OF SHAKOPEE July 8th, 1987 Shakopee City Council Shakopee Industrial Commercial Commission Adminstrative Assistant, Barry Stock 129 East 1st. Ave Shakopee, Mn 55379 Dear Mayor Reinke, Commission chair Tim Keane, Adminstrative Assistant Barry Stock, Please accept this letter as my resignation from the Shakopee Industrial Commercial Commission. With my recent appointment to the Shakopee Planning Commission, and the amount of time required by the commission, I do not feel that I can efficiently serve on both committees. Thank you for your consideration of my request. Sincerely, ��wv ryVv � Todd R. Schwartz 1178 Tyler St. Shakopee, Mn 55379 RECOMMENDED ACTION: Accept the resignation of Todd Schwartz from the Industrial " Commercial Commission, with regrets. MEMO TO: John R. Anderson, City Administrator FROM: Judith S. Cox, City Clerk ` RE: Park Dedication for Mt. Oli"v"e Evangelical Lutheran Church DATE: July 10, 1987 Introduction The City has received the attached request from Mt. Olive Evangelical Lutheran Church to exempt them from the park dedication fee which is part of the building permit charges. Introduction The property in question is zoned multi family and the park dedication under zoning would be $4,802.00. If the park dedication were figured based on a commercial use, which is more appropriate, it would be $1,715.00. If the park dedication were based on R-2 zoning, and were platted into 10 lots, it would be $2,500.00. I reviewed the subdivision ordinance regarding public sites and open spaces, and found no provision for waiving or exempting park dedication fees. The Building Department reviewed past building permits issued for the Shakopee Baptist Church, 1980 West 10th Avenue and Shakopee Assemblies of God Church, 1205 East 10th Avenue, and found that no park dedication was charged. However, these permits were taken out prior to adoption of the above mentioned subdivision ordinance including park dedication requirements. If it is desirable to exempt churches from the park dedication requirements, an amendment to the subdivision ordinance should be considered. The City Council has previously adopted a policy reducing the building permit fees for plan review, inspections, and planning fees to actual City expenses. See attached waiver policy. Alternatives 1. Figure park dedication based on current City Code. 2. Amend code to exempt religious organizations. 3. Amend code to exempt civic and religious organizations. Waiver Policy Building Permit and Planning Fees By City Council motion, the following waiver policy was established on October 19, 1952: Civic and religious organizations shall be eligible for a reduction in Building Permit and Planning Fees. The reduced fees shall cover: 1. Actual cost of plan review, inspections, etc. (Building Permits ) 2. Actual cost of publication and notification (Planning Fees) The appropriate City staff was authorized, by the City Council, to define "civic and religious organizations" as appropriate. cc: Planning Building 4 City Administrator f • �C PARK DEDICATION FEES 7/14/87 Exhibit A - Park Dedication prior to 12/19/72 Building permit pulled for _ Assemblies of God Church 4/20/72 Exhibit B - Park Dedication effective 12/19/72 Exhibit C - Park Dedication effective 1/16/79 (Ord No. 17) Building permit pulled for Shakopee Baptist Church 5/7/80 Exhibit D - Park Dedication effective 5/7/81 to present (Ord No. 58) Building permit pulled for addition to Assemblies of God Church 3/8/83 104.14 of Ordinance No. 216 Chapter 10.1. Such permits may be issue with whatever restrictions as to duration, appearance, size, location or any other specific restriction that appears appropriate to protect the public interest, and the fees for said permits to conform to Adm. Code 104.021. 104. 15 Fees will be charged as follows : Special Use Permit $10.00 Variance $25.00 Conditional Use Permit $50. 00 Rezoning $100. 00 -� (Amended at December 19, 1972 Council Meeting) 104.31 On all building permits for the construction of a one or two family residence in any part of the City not platted before December 31, 1953 , and excluding those plats which contain dedications of park lands or payments of cash in lieu thereof, there shall be added to the fees required in code 104.02 the sum and amount of $40.00 to be used for the acquisition of park lands . In the case of mul- tiple dwellings containing more than two units , the said fee shall be $25.00 per unit. Commercial permit fees pay $100.00 for park purposes and $500.00 on industrial permit fees for park purposes . (Amended at December 19, 1972 Council Meeting) gG 4. Amend code to require a park dedication for religious organizations other than outlined in the City Code - i.e. a set amount: a. $100.00 b. $250.00 - equal to amount required by a single family lot C. $500.00 d. Other 5. Amend code to require park dedication for religious organizations equal to one single family residential lot. 6. Other alternative recommended by Council. Recommended Action Direct staff to prepare an ordinance amending the zoning ordinance relating to park dedication, as Council directs. JSC/jms n S MOUST OLIVE EVANCELICAL LUTHERAN CHURCH membe4 o6the N"COn.e.in EuangeUcat Lothotan Synod (W',E.L.S.) 911 East Shakopee Avenue Shakopee. Minnesota 55379ReV' Rodney 0. Pud Parsonage Phone (612) 445-2885 921 East Shakopee Avenue Church Phone (612) 445-2872 Shakopee, Minnesota 55379 July 7, 1987 Honorable Mayor Reinke & Members Of Shakopee City Council 129 East First Avenue Shakopee, Minnesota 55371 445-3650 Mr. Mayor & Council Members: This letter is being sent to you to express our concern about the upcoming staff recommendation that determines a new church project be placed on the same status as commercial projects when it comes to the city assessment of park charges. It is our opinion that since a church carries a federal, state, and local tax-exempt status as a non-profit organization and the park access charge is actually a form of a tax, that churches should therefore be exempt. We ask, at this time, that the Council not tie church property to commercial property and that the Council establish churches as an exempt item for park charges. Thank you so very much for your consideration in this matter! Sincerely, Rev, Rodney Pudell Pastor Mt. Olive Ev, Lutheran Church RP:dP nECEIVED copies: Mayor Eldon Reinke Mr. Tom Edman JUL 91981 City Council Chambers I CITY OF SHAKOPEEab � WW a the Wsmne.Ewa qr W EL twan Syroi -An old d.,ch.rh o*rvau sen.' CITY OF SHAKOPEE ADMINISTRATIVE CODE 104.01 ELECTRICAL PERMIT AND INSPECTION FEES: The fee for electrical permits shall be as set forth in the ELECTRICAL INSPECTION FEE SCHEDULE of the State Board of Electricity, as approved March 24, 1959, and recorded with the Attorney General and the Secretary of State of Minnesota on April 10, 1959. 104. 02 BUILDING PERMIT FEES The fee for a building permit for commercial, industrial or residential purposes shall be $2.00, or a fee based upon the fee schedule hereinafter set forth, which ever is greater; said fee schedule being as follows: For the first $500.00 total valuation or fraction thereof . . . :2.00 i� For the next $500.00 of valuation or fraction thereof . . . . . . . 1.00 For each additional $1,000.00 of val. or fraction thereof. . . . 1.00 i Maximum fee . . . . . . . . .$250.00 All applications for building permits shall be verified by contractor's or builder's affidavit in respect to total cost of construction, and shall contain specific dimensions locating the principal or front entrance in reference to the side-lot line to facilitate assignment of street address numbers. 104.03 BUILDING INSPECTOR'S FEES Building inspections . . . . . . . $5.00 each, payable upon return of complete report. 104.31 On all building permits for the construction of a one or two family residence in any part of the city not platted before Dec. 31, 1953, and excluding those plats which contain dedications of park lands or payments of cash in lieu thereof, there shall be added to the fees required in code 104.02 the sum and amount of $20.00, to be used for the acquisition of park lands. _ J CC ONDINANCE No. Jrr__ o- ORDINANCE AMENDING CHAPTER 12 OF THE SHAKOPEE CITY CODE BY DELETING SECTION 12.06, SUBDIVISION 5, "PUBLIC SITES AND OPEN SPACES, ." AND BY � ADDING A NEW SECTION 12.061,. "PARK DEDICATION, PUBLIC SITES AND OPEN SPACES." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE AS FOLLOWS: SECTION I Section 12.06, Subdivision 5 of the Shakopee City Code is hereby deleted in its entirety. SECTION II: Section 12.061.as hereinafter set forth is hereby.adopted. PUBLIC SIRES AND-OPEN-SPACES. Subd. 1. Park Dedication.. A. Pursuant to Minnesota Statutes 462.358, the City of Shakopee does hereby require that ..in all plats of subdivisions to be developed for residential, commercial, industrial or other uses, or as a planned development which includes residential, commercial and industrial uses, or any combination thereof, a reasonable portion of each such proposed subiivision be dedicated for public use as parks, playgrounds, public open space, or storm sewer water holding areas or ponds, which reasonable portion shall not be less than five percent for commercial or 4ndustria_1 plats and not less than ten percent for residential plats. Said land shall be suitable for public uses as hereinbefore set forth and the City shall not be required to accept land which it determines would not be usable for public uses as hereinbefore set forth or which would require extensive expenditures on the part of the public to make them usable. Should the land required by the City to be dedicated have a greater fair market land value than the average fair market land value of the land in the plat, then the City shall only be authorized to require dedication of an amount of land equal to the above enumerated percentages of the fair market land value of all the property being platted. -- B. The City of Shakopee shall have the option of requiring a cash contribution in lieu of the land dedication set forth in Paragraph "A" of this Section, which contribution shall be based on the following schedules: �G Ordl— NO. 17 - - Page -2- 1. For each commercial or industrial plat or subdivision where the land is valued between $1.00 and $200,ODO.00';, a contribution of five percent of said value; where the land is valued between $200,000.00 and $1,000,000.00, a contribution of $10,000.00 plus two percent of the value over $200,000.00; and for every plat or subdivision where the value is $1,000,000,00 or more, $20,000.00 plus one percent of the value in excess of $1,000,000.00. 2. For cash residential plat or subdivision, a contribution of $250.00 per single family unit; $400.00 total per duplexes and $75.00 per bedroom for multiple family units. C. When structures are constructedonproperty which has previously been platted and on.which plat no park dedication in cash or land was given to the City, a park dedication fee in accordance 1 r with the .schedules. herein fore set forth shall be paid at the time the building permit is ies If the park dedic ion has been previously satisfied at the ti Of platting in ccordance with the requirements then in existence, en no-furthe fee shall be levied. D. When building permi s are iss d on property which is not platted and is not required to be pla ted prior to receiving a building permit, a fee shall be paid t t e time of building permit issuance in accordance with the above sghls.. E. Cash contributionsnin lie 'f land dedication shall be based on the total fair market value o the Land being subdivided. For the purposes of this Section, "fair rket land value" is defined as the market value of the land within uch plat or subdivision as of the date presented to the City Coun 1 for preliminary approval, as determined by the City Assessor in he same manned as he shall determine the estimated market value f land £or tax p poses, excluding from such determination any value added to suc land by improvements serving such land, but including in such dete ination the highest and best use to which for land can be put w it h inthe zoning district in force at the ti n@ of the platting. F. The actual dedicatIns of any land as provided in this Section shall be made at the dime of the platting and as part of the platting, and any cash payments made in lieu of such land dedication shall be due and payable prior to the time final approval if the plat is given by the City Council of the Clty of Shakopee. However, HOoPtei) 1-1b-79 Ora,—.. Poxe -2- 1. For each commercial or industrial plat or subdivision where the land is valued between $1.00 and $200,000.00;. a contribution of five percent of said value; where the land is valued between $200,000.00 and $1,000,000.00, a contribution of $10,000.00 plus two percent of the value over $200,000.00; and for every plat or subdivision where the value is $1,000,000.00 or more, $20,000.00 plus one percent of the value in excess Of $110001000.00. 2. For cash residential plat or subdivision, a contribution of $250.00 per single family unit; $400.00 total per duplexes and $75.00 per bedroom for multiple family units. C. When structures are constructed on property which has previously been platted and on which plat no park dedication in cash or land was given to the City, a park dedication fee in accordance i with the schedules. hereinbefore set forth shall be paid at the time the Wilding permit is issued.- If the park dedication has been previously satisfied at the time d'f platting in accordance with the requirements then in existence, then no further fee shall be levied. D. When building permits are issued on property which is not platted and is not required to be platted prior to receiving a building permit, a fee' shall be paid at the time of Wilding permit issuance in accordance with the above sµedules.. E. Cash contributions,in lieu of land dedication shall be based an the total fair market value of the land being subdivided. For the purposes of this Section, "fair market land value" is defined as the market value of the land within such plat or subdivision as of the date presented to the City Council for preliminary approval, as determined by the City Assessor in the same manner as he shall determine the estimated market value of land for tax purposes, excluding from such determination any value added to such land by improvements serving such land, but including in such determination the highest and best use to which the land can be put within„ the zoning district 1n force at the time of the platting. F. The actual dedications of any land as provided in Chis Section shall be made at the time of the platting and as part �f the platting, and any cash payments made in lieu of such land dedication shall be due and payable prior to the time final approval )f the plat is given by the City Council of the Clcy of Shakopee. However, Cli H ) r"S IT „ �%?^ SC--- which case vehicular and pedestrian access between the lots and arterials street shall be prohibited. Such double-frontage lots shall have an additional depth of at least 20 feet in order to al- low space for screen planting along the back lot line. 2. Where or der subdividing otherwise unreasonable. Suchother double-frontage lots shall have an additional depth of at least 20 feet in order to al- low space for screen planting along the back lot line. G. Location. All lots shall abut their full front- age on a publicly dedicated street. H. Rural Service Lots. Rural service lots shall be designed in such a manner whereby septic tanks, drainfields and homes are located as to allow future subdivision of the land upon the requirement of the City Engineer where future urban service ex- pansion is probable. The City may also require at the time of fi- nal subdivision approval that a covenant be recorded which requires -- - the placement of future structures in accordance with approved pre- liminary plat design. Whenever a parcel of land is subdivided into lots containing one or more acres and there are indications that such lots may eventually be subdivided into smaller plats, the Council may require that such parcel of land be divided so as to allow for the future construction of streets and the extension of adjacent streets. Easements providing for the future opening and extension of such streets may be made a requirement of the plat. --.J Subd. 5. Public Sites and Open Spaces. A. Pursuant to Minnesota Statutes 462.358 , the City does hereby require that in all plats of subdivisions to be de- - - . veloped for residential, commercial, industrial or other uses, or as a planned development which includes residential, commercial and industrial uses, or any combination thereof , a reasonable portion of each such proposed subdivision be dedicated for public use as parks, playgrounds, public open space, or storm sewer water holding areas or ponds, which reasonable portion shall not be less than 5 percentforcommercial or industrial plats; not less than 10 per- cent for residential plats; 14 percent for multi-family residential, when 9 to 12 units per acre and 14 percent multi-family residential for first 12 units per acre, plus $250. 00 per unit for the sum of the units greater than 12 units per acre. Said land shall be suit- able for public uses as hereinbefore set forth and the City shall not be required to accept land which it determines would not be usable for public uses as hereinbefore set forth or which would re- quire extensive expenditures on the part of the public to make them usable. Should the land required by the City to be dedicated have a greater fair market land value than the average fair market land value of the land in the plat, then the City shall only be author- ized to require dedication of an amount of land equal to the above enumerated percentages of the fair market land value of all the property being platted. B. The City shall have the option of requiring a cash contribution in lieu of the land dedication set forth in Sub- paragraph A of this Subdivision, which contribution shall be based on the following schedules: -347- (12-1-81) S C� 1. For each commercial or industrial plat or subdivision where the land is valued between $1.00 and $200 ,000. 00 , a cash contribution of 5 percent of said value; where the land is valued between $200,000. 00 and $1,000,000.00, a contribution of $10,000.00 plus 2 percent of the value over $200 ,000.00; and for every plat or subdivision where the value is $1,000 ,000.00 or more , $26 ,000.00 plus 1 percent of the value in exces of $1,000,000.00. 2. For each residential p t or subdivision, a contribution of $250.00 per single family unit; $400.00 total per duplexes and $75. 00 per bedroom for multiple f mily units up to and including 8 units per acre. 3. For each multi-family residential plat or subdivision , a cash contribution of 14 perce of said value for 9 to 12 units per acre. --- 4. For each multi-fami y residential plat or subdivision, a cash contrribution of 14 per nt of said value for the first 12 units per cru; plus $250.00 er unit for the sum of the units greater than 2 units per acre. C. When tructures are c nstructed on property which has previously been platted and o which plat no park dedi- cation in cash or land wa given to th City, a park dedication fee in accordance with the sch dules he before set forth shall be paid at the time the buildi g permit s issued. If the park dedi- cation has been previously s tisfied/at the time of platting in ac- cordance with the requirement then 'n existence, then no further fee shall be levied. D. When buildin p rmits are issued on property which is not platted and is not uired to be platted prior to re- ceiving a building permit, a fee hall be paid at the time of building permit issuance in acco nce with the above schedules. E. Cash contribu io s in lieu of land dedication shall be based on the total fai mar et value of the land being subdivided. For the purposes o thi Subdivision, "fair market land value" is defined as the arket lue of the land within such plat or subdivision as of the ate pre ented to the Council for preliminary approval, as dete ined by he City Assessor in the same manner as he shall deter ine the a imated market value of land for tax purposes, exclu ing from su h determination any value added to such land by improv ments servin such land, but including in such determination the h ' hest and bestuseto which the land can be put within the zonin district in force at the time of the platting. - - F. The act al dedications of any land as provided in this Subdivision shall , a made at the time of the platting and as part of the platting , and any cash payments made in lieu of such land dedication shall be due and payable prior to the time final approval of the plat is given by the Council. However , at the re- quest of any party submitting a plat, the Council at its exclusive discretion may determine the amount of the cash payment required to be made of the developer at the time of final plat approval, and may enter into a contractual agreement with said developer to allow said payment to be deferred until a building permit or permits are issued for the lots in said plat. Any such deferment shall be in M DO pre.o 6Y1-7h ORO sF :5'7- 8- (12-1-81) 1. For each commercial or industrial plat or subdivision where the land is valued between $1.00 and $200,000. 00, a cash contribution of 5 percent of said value; where the land is valued between $200 ,000. 00 and $1,000,000.00, a contribution of $10 ,000.00 plus 2 percent of the value over $200 ,000.00; and for every plat or subdivision where the value is $1,000 ,000.00 or more, $26 ,000. 00 plus 1 percent of the value in excess of $1,000 ,000-00- 2. For each residential plat or subdivision, a contribution of $250.00 per single family unit; $400.00 total per duplexes and $75. 00 per bedroom for multiple family units up to and including 8 units per acre. 3. For each multi-family residential plat or subdivision , a cash contribution of 14 percent of said value for 9 to 12 units per acre. - 4. For each multi-family residential plat or subdivision, a cash contribution of 14 percent of said value for the first 12 units per acre; plus $250.00 per unit for the sum of the units greater than 12 units per acre. C. When structures are constructed on property which has previously been platted and on which plat no park dedi- cation in cash or land was given to the City, a park dedication fee in accordance with the schedules hereinbefore set forth shall be paid at the time the building permit is issued. If the park dedi- cation has been previously satisfied at the time of platting in ac- cordance with the requirements then in existence , then no further fee shall be levied. D. When building permits are issued on property which is not platted and is not required to be platted prior to re- ceiving a building permit, a fee shall be paid at the time of building permit issuance in accordance with the above schedules. E. Cash contributions in lieu of land dedication shall be based on the total fair market value of the land being subdivided. For the purposes of this Subdivision, "fair market land value" is defined as the market value of the land within such plat or subdivision as of the date presented to the Council for preliminary approval, as determined by the City Assessor in the same manner as he shall determine the estimated market value of land for tax purposes, excluding from such determination any value added to such land by improvements serving such land , but including in such determination the highest and best useto which the land can be put within the ,zoning district in force at the time of the platting. F. The actual dedications of anv land as provided in this Subdivision shall be made at the time of the platting and as part of the platting , and any cash payments made in lieu of such land dedication shall be due and payable prior to the time final approval of the plat is given by the Council. However , at the re- quest of any party submitting a plat, the Council at its exclusive discretion may determine the amount of the cash payment required to be made of the developer at the time of final plat approval, and may enter into a contractual agreement with said developer to allow said payment to be deferred until a building permit or permits are issued for the lots in said plat. Any such deferment shall be in eRo Pi 55-7 (12-1-81) ?AOPTeo 5- 1-7/S I -34B- -7a MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Heritage Place Final Plat DATE: July 10, 1987 INTRODUCTION At their meeting on July 9, 1987, the Planning Commission passed a motion recommending approval of the Final Plat for Heritage Place subject to conditions. BACKGROUND At their meeting on June 16, 1987, the City Council approved the Preliminary Plat for Heritage Place..- Heritage Place is located - south of JEJ 2nd Addition and west of Hauer's 4th Addition. The proposed plat contains 71 lots and is zoned R-2. Access to the property is from Onyx Drive in Hauer's 4th Addition. The proposed plat does not include a small piece of land necessary to connect Heritage Drive with Onyx Drive. This property must be acquired by either the developer or the City in order for construction of Heritage Drive to be completed. The proposed Upper Valley Drainage Way runs along the north side of the plat. A condition of the Preliminary Plat approval stated that temporary drainage containment facilities must be provided on site adequate to handle the drainage from the site until construction of the Upper Valley DRainage Way is complete to the subdivision. The developer has provided a drainage plan showing the proposed temporary containment facilities on the site and this has been approved by the City Engineer. _ The developer is submitting a Final Plat for the entire site. The phasing plan previously submitted by the developer shows that a the eastern half of the site would be developed first, with the cility located in the western portion of drainage containment fa uthe ntilltthe The Upperwestern Valleyportion Drainagethe Waysite isoucompleted ld not be developed to the subdivision. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends approval of the Final Plat for Heritage Place subject to the following conditions: 1. The 12" watermain in Austin Street must be extended through the plat on an alignment approved by SPUC. 2. Additional depth and oversizing of the sanitary sewer will be required to serve the Scottland property to the south. 3. Outlots A, B and C shall be dedicated to the City for park purposes this will fulfill the park dedication requirements of this plat. 4. 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. Street lighting should be provided at both ends of 12th Avenue and two intermediate points on the north part of the plat. b. Water system to be installed in accordance with the requirements of the SPUC Manager. The developer will be reimbursed for the cost of oversizing of the watermain. 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. The developer will be reimbursed for the cost of oversizing of the sanitary sewer. d. Local streets and street signs shall be constructed in accordance with the requirements of the design criteria and standardspecifications of the City Of Shakopee. e. If the developer files a petition for construction of public improvements by the City, the developer shall be required to provide a letter of credit, performance bond or cash which can be drawn upon tocover engineering costs, any administrative costs relating to condemnation proceedings on Onyx Drive, and associated land costs for the road connection between the eastern termini of Heritage Drive and Onyx Drive should the public improvements not be constructed. Said letter of credit, performance bond or cash - -will be released upon filing of the plat. 5. Approval of a title opinion by the City Attorney. 6. The land required for completion of Onyx Drive and it' s intersection with Heritage Drive must be acquired from the Scottland Company and dedicated to the City for the right-of-way. The developer must either acquire this land or petition the City to proceed with acquisition or condemnation of the property prior to construction of the street. 7. The phase one street construction project shall include a temporary cul-de-sac at the western termini of Heritage Drive. The developer must provide temporary roadway easements over lot 7 of block 2 and lot 27 of block 4 for construction of the temporary cul-de-sac. 8. The developer shall provide temporary drainage easements for lots 2 - 7, block 2 and lots 21 and 29 of block 4 for construction of the temporary drainage containment facility. 9. The final plat must show drainage and utility easements along side lot lines. 10. The signature block for the Zoning Administrator shall be omitted from the final plat. 11. The developer shall provide a recordable agreement stating that not more than 108 of the plat will be developed into twin homes. Twin homes will require separate utility connections and sites must be identified before installation of utilities. RECOMMENDATION Move and approve Resolution No. 2760 approving the Final Plat for Heritage Place. DKW:cah t ;7 CL, RESOLUTIONNO. 2760 A RESOLUTION APPROVING THE FINAL PLAT OF HERITAGE PLACE WHEREAS, the Planning Commission of the City of Shakopee did approve the Final Plat of Heritage Place on July 9, 1987; and WHEREAS, all notices of hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the City Council has been fully advised in all things. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SHAKOPEE, MINNESOTA, that the final plat of Heritage Place, described as follows: Attached be and the same hereby is approved and adopted with the requirements that: 1. The 12" watermain in Austin Street must be extended through the plat on an alignment approved by SPDC. 2. Additional depth and oversizing of the sanitary sewer will be required to serve the Scottland property to the south. 3. Outlots A, B and C shall be dedicated to the City for park purposes this will fulfill the park dedication requirements of this plat. 4. 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. Street lighting should be provided at both ends of 12th Avenue and two intermediate points on the north part of the plat. b. Water system to be installed in accordance with the requirements of the SPUC Manager. The developer will be reimbursed for the cost of oversizing of the watermain. 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. The � GL,' developer will be reimbursed for the cost of oversizing of the sanitary sewer. d. Local streets and street si s shall be constructed in accordance with the requirements of the design criteria and standard specifications of the City of Shakopee. e. If the veloper files petition for constructioof public im rovements by the City, the --developer shall be required to provide a letter of credit performance bond or cash which an be dra upon to cover engineering cc ts, any a inistrative costs relating to cond ation oceedings on Onyx Drive, and associ ted lan costs for the road connection betwee the eastern termini of Heritage Drive an On x Drive should the public improvements of a constructed. Said letter of credit, a £ormance bond or cash will be released upon iling of the plat. 5. Approval of a title opinio b the City Attorney. 6. The land required for completi of Onyx Drive and it' s intersection with Heritage Dri a must be acquired from . the Scottland Company and dedica ed to the City for the right-of-way. The developer mu t either acquire this land or petition the City to pr eed with acquisition or condemnation of the property rior to construction of the street. 7. The phase one street construction pr ject shall include a temporary cul-de-sac at the we tern termini of Heritage Drive. The developer must rovide temporary roadway easements over lot 7 of bloc 2 and lot 27 of bock 4 for constr�/}'ction of the tempora cul-de-sac. 8. The developer / shall provide temporary drainage easements £or to s 2 - 7, block 2 and lots 21 and 29 of block 4 for construction of the temporary drainage containment facility. 9. The final plat must show drainage and utility easements along side lot lines. 10. The signature block for the Zoning Administrator shall be omitted from the final plat. n developer will be reimbursed for the cost of oversizing of the sanitary sewer. d. Local streets and street signs shall be constructed in accordance with the requirements of the design criteria and standard specifications of the City of Shakopee. e. If the developer files a petition for construction of public improvements by the City, the developer shall be required to provide a letter of credit, performance bond or cash which can be drawn upon to cover engineering costs, any administrative costs relating to condemnation proceedings on Onyx Drive, and associated land costs for the road connection between the eastern termini of Heritage Drive and Onyx Drive should the public improvements not be constructed. Said letter of credit, performance bond or cash will be released upon filing of the plat. 5. Approval of a title opinion by the City Attorney. 6. The land required for completion of Onyx Drive and it' s intersection with Heritage Drive must be acquired from the Scottland Company and dedicated to the City for the right-of-way. The developer must either acquire this land or petition the City to proceed with acquisition or condemnation of the property prior to construction of the street. 7. The phase one street construction project shall include a temporary cul-de-sac at the western termini of Heritage Drive. The developer must provide temporary roadway easements over lot 7 of block 2 and lot 27 of bock 4 for construction of the temporary cul-de-sac. B. The developer shall provide temporary drainage easements for lots 2 - 7, block 2 and lots 21 and 29 of block 4 for construction of the temporary drainage containment facility. 9. The final plat must show drainage and utility easements along side lot lines. 10. The signature block for the Zoning Administrator shall be omitted from the final plat. � 6�, 11. The developer shall provide a recordable agreement stating that not more than 108 0£ the plat will be developed into twin homes. Twin homes will require separate utility connections and sites must be identified before installation of utilities. BE IT FURTHER RESOLVED that the Mayor and City Clerk be and the same are hereby authorized and directed to execute said approved plat and Developer' s Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this _ day of 1987. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1987 City Attorney 7 7 a-- i- PE5'CRIPTION nP PF.OPEPTY That Cert cf the hbrthwe t Quarter of Section 6, TownsnrTr 135, Range 22, Scot ; Coun y, FL nnesota which lies Easter lr of the West 534.00 feet of aid Northwest Qua^ter and which , lies Westerly of Haver's ird Addition and which lies- - Southerly of J.E.J. Second ddi tion and Haver's Se rand Addition according to said Cls, a on file and of record in the o+five of the Ccunty Recocoe Scott County, M: nnesotc . 7 DESCRtoTi ON nr PP.OP=PTY That pert of the Northwest Quarter of Section 2. Town Strrr• 115, Range 22 , Scott County, Minnesota which lies Easterly of the West 535 .00 feet of said Northwest Qua-ter and which lies Westerly of Hauer's Third addition and which lies Southerly of - J.E.J. Second Addition and Hauer ' s Second Addition according to said plat= on file and of record in the O*floe of the Ccunty Recoroer . Scott County, Minnesota . S a �- b MEMO To: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer SUBJECT: Heritage Place Improvements DATE: July to, 1987 INTRODUCTION: requested Plan B The developer for the Heritage place plat has req sewer, water improvements within the plat consisting of sanitary i systems, storm sewer and streets. . BACKGROUND: The developer is at this point attempting to expedite the project period. To accomplish to s,accommodate Che following actions 1987 develoPment P July_.14, 1987 this, actions need to occur at the Council meeting: 1 . Approval of final plat 2, Approval of conditiwithin fort improvements' s agreement 3. Acceptance of the petition ibilitY study 4 , Acceptance of the feasecifications 5. Ordering o£ plans & sp Recommendations and + This memo will address items 3,4, and 5. ent upon to ons requested actia ctione ontive items 1 ands2, items are conting Council taking accepts the petition for The attached Resolution No . 2757 study. improvements from the developer and orders a feasibilthe initial ity leering The petition is for improvements withinCity incurring engineering phwas ase only. To avoid the risk of the the developer his 1 costs prior to actiongene on feasibility? re+port through I have reviewed the preliminary plans and the required to g consultant . feasibility report and find both to be acceptable. report, of public bearing and waiver of The attached Resolution waiver 2758 accepts the feasibility i acknowledges the waiver plans and specifications assessment appeal rights and orders the for the project. program this With the relatively aggressive capital improva le ement o year, the Engineering Department will not beedite the process,sI Again, in an effort to expedite OSM, and plan development. Ag + s Civil Engineering directed by have met with the City proceed if have set the groundwork for tlais and specifications will be I ust 4 , 1987 . The estimated Council. It is proposed that p ready for Council approval on o Aug 000.00. engineering cost for plan development is $20, Heritage Place July 10, 1987 Page 2 The estimated project cost for the initial development phase is $396 , 100 .00. There is an estimated extra depth and oversizing cost relative to the sanitary sewer in the amount of $27,200.00. Council may recall from my feasibility repo t for 13t thisenue cost that I estimated this cost at $3,900.00. bviously, will need further verification through the b' dding process. This cost would be bo a by the City and asses d to the benefitted property (Scottlan Companies) to the so th . Assuming the report is correct, he assessed amount to Scottland at a later date would be $27 ,200 \asses interest. The report also addreoversizing co t attributable to the watermain. This overscost would a borne by Shakopee Public Utilities in tof $25,900. 0. In return, a trunk charge in the amoun ,300 .00 will be assessed to the platted property. -All project costs pk charges minus the oversizing and extra depth costs wil as ed to the project area which is the initial developse ofthe plat . Therefore , the estimated amount to be assessed is $356 ,300.00 . RECOMMENDATION: It is recommended that Council adopt Resolutions No. 2757 and 2758 thereby accepting the pq'tition for improvements, accepting the feasibility report, accepting waivers and ordering plans and specifications. Due to the fast track na�ure of the feasibility report, Lou VanHout has not had the opportunity to review the report and respond prior to this memo . SPUC will certainly have the opportunity to review and approve all plans, specifications and proposed cost sharing of the trunk facility . REQUESTED ACTION: 1 . Offer Resolutiop No. 2757 , A Resolution Declaring Adequacy of Petition an(f Ordering Preparation of Report for Heritage Place Improvement Project and move its adoption. 2. Offer Resolution No. 2758, A Resolution Receiving a Report Ordering an Improvement and Preparation of Plans and Specifications for Roadway, Watermain, Sanitary Sewer, Storm Sewer Main for Heritage Place, Project No. 1987-14 and move its adoption. 3 . Authorize the appropriate City officials to execute an engineering agreement with Orr-Schelen-Mayeron for the Heritage Place Improvement plans for a cost not to exceed $20,000.00. VAI'— Heritage Place July 10, 1987 Page 2 The estimated project cost for the initial development phase is $396 ,100 .00. There is an estimated extra depth and oversizing cost relative to the sanitary sewer in the amount of $27,200.00 . Council may recall from my feasibility report for 13th Avenue that I estimated this cost at $3,900.00. Obviously, this cost will need further verification through the bidding process. This cost would be borne by the City and assessed to the benefitted property (Scottland Companies) to the south . Assuming the report is correct, the assessed amount to Scottland at a later date would be $27 ,200.00 plus interest. The report also addresses the oversizing cost attributable to the watermain . This oversizing cost would be borne by Shakopee Public Utilities in the amount of $25,900.00. In return, a trunk charge in the amount of $13 ,300 . 00 will be assessed to the platted property . - -All project costs plus trunk charges minus the oversizing and extra depth costs will be assessed to the project area which is the initial development phase of the plat . Therefore , the estimated amount to be assessed is $356 ,300.00 . RECOMMENDATION: It is recommended that Council adopt Resolutions No. 2757 and 2758 thereby accepting the petition for improvements, accepting the feasibility report, accepting waivers and ordering plans and specifications. Due to the fast track nature of the feasibility report, Lou VanHout has not had the opportunity to review the report and respond prior to this memo . SPUC will certainly have the opportunity to review and approve all plans, specifications and proposed cost sharing of the trunk facility. REQUESTED ACTION: 1 . Offer Resolution No. 2757 , A Resolution Declaring Adequacy of Petition and Ordering Preparation of Report for Heritage Place Improvement Project and move its adoption. 2. Offer Resolution No. 2758, A Resolution Receiving a Report Ordering an Improvement and Preparation of Plans and Specifications for Roadway, Watermain, Sanitary Sewer, Storm Sewer Main for Heritage Place, Project No. 1987-14 and move its adoption. 3. Authorize the appropriate City officials to execute an engineering agreement with Orr-Schelen-Mayeron for the Heritage Place Improvement plans for a cost not to exceed $20 ,000 .00 . V^ '--- fl Q RESOLUTION NO. 2757 A Resolution Declaring Adequacy Of Petition And Ordering Preparation Of Report Heritage Place Improvement Project BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . A certain petition requesting the improvement of Heritage Place Plat by sanitary sewer, water system, storm sewer, and streets, filed with the Council on July 14, 1987 , is hereby declared to be signed by the required percentage of owners of property affected thereby. The declaration is made in conformity to Minnesota Statutes, Section 429.035. 2. The petition is hereby referred to the City Engineering and he is instructed to report to the Council with 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 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 , 1 9 - City Attorney RESOLUTION NO. 2758 A Resolution Receiving a Report Ordering an Improvement and Preparation of Plans and Specifications Roadway, Watermain, Sanitary Sewer, Storm Sewer Main Heritage Place Project No. 1987-14 WHEREAS, pursuant to resolution of the Council adopted July 14 , 1987, a report has been prepared by McCombs-Knutson with reference to 'the improvement of Heritage Place by roadway , sanitary sewewatermain , and storm sewer construction, was received by the ouncil on July 14, 1987 , and WHEREAS, the C uncil has considered the improvements of said Heritage Place in ac rdance with the report and the assessment of abutting property for all or a portion of the cost of the improvements pursuant t Minnesota Statutes Chapter 429 at an estimated total cost of t e improvements of $396 , 100.00. WHEREAS, the Council has received a petition dated July 1987 signed by all owners of.' property abutting said improvements waiving their right to a publ' a hearing. NOW THEREFORE, BE IT HESOL ED Y THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . Such improvemen s are he eby ordered as proposed in the report dated July _, 1 87. 2. Ken Ashfeld, ity Engineer is hereby designated as the engineer for this im rovement. H shall prepare plans and specifications for th making of such mprovements. 3. The work of his project is hereby designated as part of the 1987-14 Public I provement Program. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this day of , 1987 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 19 _ City Attorney J RESOLUTION NO. 2758 A Resolution Receiving a Report Ordering an Improvement and Preparation of Plans and Specifications Roadway, Watermain, Sanitary Sewer, Storm Sewer Main Heritage Place Prosect Mo. 1987-14 WHEREAS, pursuant to resolution of the Council adopted July 14 , 1987, a report has been prepared by McCombs-Knutson with reference to the improvement of Heritage Place by roadway , sanitary sewer, watermain , and storm sewer construction , was received by the Council on July 14, 1987 , and WHEREAS, the Council has considered the improvements of said Heritage Place in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvements of $396 , 100.00. WHEREAS, the Council has received a petition dated July 1987 signed by all owners of property abutting said improvements waiving their right to a public hearing. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . Such improvements are hereby ordered as proposed in the report dated July _, 1987. 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 improvements. 3. The work of this project is hereby designated as part of the 1987-14 Public Improvement Program. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this day of , 1987 . ATTEST: Mayor of the City of Shakopee City Clerk Approved as to form this day of 19 _ City Attorney � u L _[ McCombs-Knutson Associates, Inc. a FB Engineers Planners P Surveyors 1L L FEASIBILITY REPORT 1 FOR HERITAGE PLACE PHASE I SHAKOPEE, MINNESOTA JULY, 1987 L L L Lt MKA L12800 Industrial Park Blvd.,Plymouth,MN 55441 612/559-3700 1-800328-8322 EA 784 FEASIBILITY REPORT FOR HERITAGE PLACE PHASE I j SHAKOPEE, MINNESOTA I PRINTED L JUL 9 1987 McCOMAS - AAIITSM ASSBC. AIG I I hereby certify that this report was prepared by me or under my direct superv' and that am a duly Registered Professional LEngineer unde a laws oP he ate of Minnesota. 07/09/87... ..............Minn. Reg. No. 11571 LGr r . Frank, P.E. L L L "OF L -, McCombs-Knutson Associates, Inc. 12800 Industrial Park Blvd. Engineers Plymouth,MN 55441 612/559-3700 Planners 1-800.328-8322 Ext 784 Surveyors July 9, 1987 Honorable Mayor and City Council City of Shakopee 129 East First Avenue Shakopee, MN 55379 SUBJECT: Heritage Place Feasibility Study - Phase I MIKA File #8370 Dear Mayor and Council: �. Enclosed herein please find the Feasibility Study for Street and Utility Improvements to serve the Heritage Place Development. The project proposed herein is consistent with the City's comprehensive plans and is feasible from an engineering standpoint. We will be pleased to meet with the City Council and Staff and other interested parties to review any aspects of this report. Respectfully submitted, McCOMBS-KNUTSON ASSOCIATES, INC. Daniel M. Parks y�� — Pro� Engir gory J. an/k/f.,rn^,_P^,'/E• Vice P sident DMP/GJF:cah Enclosures TABLE OF CONTENTS LETTER OF TRANSMITTAL TABLE OF CONTENTS I. INTRODUCTION Figure 1 - Project Location Map II. SUMMARY AND RECOMMENDATIONS Table 1 - Total Estimated Costs III. PROJECT DESCRIPTION Sanitary Sewer Watermain Storm Sewer Streets Figure 2 - Proposed Sanitary Sewer and Watermain Improvements Figure 3 - Proposed Street and Storm Sewer Improvements IV. EASEMENTS AND RIGHT-OF-WAY V. METHOD OF FINANCING APPENDIX - PRELIMINARY DETAILED COST ESTIMATES I. INTRODUCTION This report defines the improvements required to provide utility service and public street for the proposed development, Heritage Place. Heritage Place comprises 23.7 acres, subdivided into 71 single family lots. The site is located directly east of Shakopee's City Park and Junior High School (see Figure 1). This report is based upon utilities and grades as proposed in the preliminary plat and preliminary drainage and utilities plan. The Developer has proposed to divide the project into two phases. Phase 1 consists of the eastern portion of the site with 38 lots and Phase 2 consists of the remaining 33 lots. Only Phase 1 improvements and the associated costs are discussed in this report. L L L L L i L L L _ sL IOT AVEOpFt` CO Rp EA q H h � �• o '04q/tr t II AVE Q N w N Sec 8,T115 ,R22 . SITE LOCATION PLAN N:E�T.TfPEE URE I McCOMBS-KNUTSON ASSOCIATES, INC. AGE PLACE LOXSA1X "��LM°�""E°'a'91°1xxF1° DEVELOPMENT GLYMOUTH,MINNESOTA , MINNESOTI II. SUMMARY AND RECOMMENDATIONS The improvement project as outlined herein is feasible from an engineering standpoint. The total cost of this project is estimated to be $396,100. The total cost is $10,423 per lot for the development. These are reasonable costs for a .project of this nature. The cost of providing public improvements is ., summarized in Table 1 and detailed cost estimates are provided in the Appendix. L L i L i i L i TABLE 1 TOTAL ESTIMATED COSTS SANITARY SEWER $ 103,300.00 WATERMAIN $ 121,400.00 STORM SEWER $ 46,500.00 STREETS $ 124,900.00 TOTAL............$ 396,100.00 * TOTAL COSTS INCLUDE 10% CONTINGENCY PLUS 25% INDIRECT COSTS (ENGINEERING, LEGAL, ADMINISTRATIVE, BONDING AND FISCAL COSTS) L III. PROJECT DESCRIPTION Sanitary Sewer The site of the proposed Heritage Place Development is located south of an existing 21 inch sanitary sewer line. The line runs west to east within the drainage way (see Figure 2). The sanitary sewer proposed to service the project connects to the existing sewer via an existing 12 inch stub from a manhole. In order to provide sanitary sewer service to the Scottland property to the south of the proposed development, it is proposed to construct a 12 inch sewer from the existing manhole to Heritage Drive and a 10 inch sewer east and south to Onyx Drive. All other proposed sewer laterals are 8 inch. The estimated cost of installing sanitary sewer within Heritage Place to serve the property and to fund the cost of extra depth and oversizing of main to service the areas to the south is as follows: Sanitary Sewer Cost $ 76,100.00 Extra Depth and Oversizing Cost $ 27,200.00 Total Sanitary Sewer Cost $ 103,300.00 Watermain The proposed Heritage Place has access to existing watermains at two locations. North from Hauer's 2nd Addition and east from Hauer's 3rd Addition — (see Figure 2). The existing watermain to the north is a 12 inch line which is proposed to be extended south through the Heritage Place development. The existing watermain to the east is a 8 inch line which is proposed to be extended and connected to the proposed 12 inch watermain'. All other proposed watermain laterals are 6 inch. The total cost of the proposed watermain system is $121,400.00. Shakopee Public Utilities (SPUC) has a policy of paying for the incremental cost difference between the system required based upon zoning and the water system's planned trunk facility. The estimated trunk oversizing cost is $25,900.00. SPUC also has a- policy of charging a trunk charge based upon acreage. The 1987 trunk charge is $560.00 per acre and the acreage of the project is 23.7 acres. Therefore, the estimated trunk charge is $13,300.00. Summary of Water System Costs Watermain Cost $ 121,400.00 SPUC cost 25,900.00 Subtotal $ 95,500.00 Trunk Charge 13,300.00 Total Cost Assessed... . . . . . . . . . . . . .. ........$ 108,800.00 Storm Sewer L The site presently drains north and east to a well defined drainage way Lwhich is a part of the Shakopee Basin Watershed. The City of Shakopee presently is undertaking the Upper Valley Drainage Project in order to provide an outlet for the existing drainage way. It is anticipated that the drainage project will be completed by the summer of 1988. Until the drainage project is completed, the Heritage Place development must provide a retention pond on site to stop drainage from the developed Phase I from entering the drainage way. The developer intends to construct a retention pond in Phase II as a part of the Phase I grading operations. When Phase II begins, the retention pond will be filled and the land will be used for the construction of lots. The proposed storm sewer is shown on Figure 3 and the estimated cost for the system is $46,500.00. I Streets In accordance with the City's standards, the streets are proposed to be at a width of 36 feet to face of curbs. Curbs proposed are a surmountable concrete curb and gutter. The proposed street section consists of 6 inches of Class 5, 100% crushed limestone, 1-1/2" bituminous base course and 1-1/2" bituminous wear course. The proposed street locations are shown in Figure 3 and the total estimated cost is $124,500.00. 1 - I I 10 9 1 _ 8 3 4 5 6 7 2 IV' 2 25 1 Lc 2 26 1 ?%A ` 28 27 Pt L 6 29 2 I L 5 7 6 11 w 6 3 5 xo 9 10 4 4 c w x — 3 12 TH _ p [12: 1 3 4 5 6 7� `1 — t nco D.M.P c -- --T �...a..E c... D.J.D. REVISIOn �7-9'87 O'b. F EXISTING WATERMAN 'atlUi i i!'i� 7 -> PROPOSED SAN. SEWER —1- 1— PROPOSED WATERMAIN i EXISTING SAN. SEWER 2 3 —iI— EXISTING WATERMAIN 1 4 I 5 6 22 4 23 21 7 ` V i:V kpo Q 13 20 8 Ai/i.'Ti!sir 14 19 9 f/ _ u 15 I6 17 IB 1t 10 N II I-----AVENUE —I I T 8 9 10 - II 12 i2 13 EXIST PROPOSED SANITARY SEWER WATERMAN AND WATERMAIN IMPROVEMENTS S.H�83770 FIGURE 2 ` HERITAGE PLACE UCOMBS-KNUTSON ASSOCIATES, INC. HERITAGE DEVELOPMENT • j,� , [Oi4YLini PV.Hft L-usw¢aOte•V"" LI"...R SHMOPEE NMIEmT< l• OUTLOT c 10 DRAINAGE WAY 9 6 3 4 5 6 7 L 2 !N L 25 I L 2 p I NP 27 26 28 L 6 1 29 2 II 5 w 6 8 > 3 5 i 0 9 10 4 F 4 a w_ -- 3 12-M 2 1 2 3 4 S 6 w..,n o D.J.D. wn nEv�vons1-11 7-9-87 1 , 1 i �iHUGR'S G :V-' � PROPOSED STREET PROPOSED STORM SEWER 2 3 II 4 1 5 6 22 24 23 Iir.ili_i��i 21 7 PN E a r TKIN 12 3 20 8 = 14 19 9 u i 15 16 17 18 10 II _AVENJE 7 8 9 10 II 12 12 13 PROPOSED STREET AND STORM SEWER IMPROVEMENTS H FIGURE 3 M,C=S—KNUTSON ASSOCIATES, INC. HERITAGE PLACE �.o,m. ... ........,. HERITAGE DEVELOPMENT OF Swz E , WNWs IV. EASEMENTS AND RIGHT-OF-WAY Property will need to be acquired at the southeastern corner of the proposed development for the street connection of Onyx Drive and the connection to the existing watermain. The costs for this acquisition have not been included in this report. V. METHOD OF FINANCING The construction of the utilities and streets represent a benefit to the Heritage Place development and the developer intends to finance the project through assessments. L APPENDIX PRELIMINARY DETAILED COST ESTIMATES .. SANITARY SEWER (TOTAL COSTS) 8" PVC SANITARY SEWER 0-10' DEP. 605 L.F. $ 16.00/LF $ 9,680.00 8" SANITARY SEWER 16-18' DEP. 90 L.F. 20.00/LF 1,800.00 10" SANITARY SEWER 12-14' DEP. 865 L.F. 22.00/LF 19,030.00 10" SANITARY SEWER 14-16' DEP. 135 L.F. 24.00/LF 3,240.00 10" SANITARY SEWER 16-18' DEP. 140 L.F. 26.00/LF 3,640.00 12" SANITARY SEWER 0-10' DEP. 45 L.F. 20.00/LF 900.00 L 12" SANITARY SEWER 10-12' DEP. 15 L.F. 22.00/LF 330.00 12" SANITARY SEWER 12-14' DEP. 20 L.F. 24.00/LF 480.00 12" SANITARY SEWER 14-16' DEP. 20 L.F. 26.00/LF 520.00 12" SANITARY SEWER 16-18' DEP. 120 L.F. 28.00/LF 3,360.00 SANITARY MANHOLES 0-10' DEP. 8 EACH 1,000.00/EA 8,000.00 MANHOLES, EX. DEP. GREATER THAN 10' 25 V.F. 90.00/VF 2,250.00 OUTSIDE DROP SECTION 3.6 V.F. 150.00/VF 540.00 I 4" PVC SERVICE PIPE LESS THAN 12' 520 L.F. 7.00/LF 3,640.00 4" PVC SERVICE PIPE GREATER THAN 12' 960 L.F. 14.00/LF 13,440.00 10" x 4" WYES 22 EACH 125.00/EA 2,750.00 8" x 4" WYES 15 EACH 100.00/EA 1,500.00 SUBTOTAL $ 75,100.00 CONTINGENCIES (10%) 7,510.00 SUBTOTAL $ 82,610.00 INDIRECT COSTS (25%) * 20,690.00 TOTAL. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. .. ............$103,300.00 * INDIRECT COSTS INCLUDE ENGINEERING, LEGAL, ADMINISTRATIVE, BONDING AND FISCAL COSTS. SANITARY SEWER (EXTRA DEPTH AND OVERSIZING COSTS) 10" PVC SANITARY SEWER 12-14' DEP. 865 L.F. $ 22.00/LF $19,030.00 10" PVC SANITARY SEWER 14-16' DEP. 135 L.F. 24.00/LF 3,240.00 10" PVC SANITARY SEWER 16-18' DEP. 140 L.F. 26.00/LF 3,640.00 .. 12" PVC SANITARY SEWER 0-10' DEP. 45 L.F. 20.00/LF 900.00 12" PVC SANITARY SEWER 10-12' DEP. 15 L.F. 22.00/LF 330.00 12" PVC SANITARY SEWER 12-14' DEP. 20 L.F. 24.00/LF 480.00 12" PVC SANITARY SEWER 14-16' DEP. 20 L.F. 29.00/LF 520.00 12" PVC SANITARY SEWER 16-18' DEP. 120 L.F. 28.00/LF 3,360.00 .. MANHOLES, EX. DEP. GREATER THAN 10' 25.0 V.F. 90.00/VF 2,250.00 OUTSIDE DROP SECTION 3.6 V.F. 150.00/VF 540.00 4" PVC SERVICE PIPE GREATER THAN 12' 960 L.F. 14.00/LF 13,440.00 10" x 4" WYES 22 EACH 125.00/EA 2,750.00 (LESS REQUIRED SANITARY SEWER) I L 8" PVC SANITARY SEWER 0-10' DEP. 1,360 L.F. 16.00/LF $21,760.00> 4" PVC SERVICE PIPE LESS THAN 12' 960 L.F. 8.00/LF < 6,720.00 8" x 4" WYES 22 EACH 100.00/EA < 2,200.00 SUBTOTAL $19,800.00 CONTINGENCIES (10%) 1,980.00 SUBTOTAL $21,780.00 INDIRECT COSTS (25%) 5,420.00 TOTAL........................................................$27,200.00 WATERMAIN (TOTAL COSTS) 12" DIP WATERMAIN 1215 L.F. $ 26.00/LF $31,590.00 8" DIP WATERMAIN 295 L.F. 17.00/LF 5,015.00 6" DIP WATERMAIN 1015 L.F. 14.00/LF 14,210.00 HYDRANTS 4 EACH 1,000.00/EA 4,000.00 12" GATE VALVE & BOX 6 EACH 1,000.00/EA 6,000.00 8" GATE VALVE & BOX I EACH 500.00/EA -500.00 6" GATE VALVE & BOX 10 EACH 450.00/EA 4,500.00 1" COPPER SERVICE PIPE 1600 L.F. 8.00/LF 12,800.00 1" WATER SERVICE GROUPS 40 EACH 100.00/EA 4,000.00 WATERMAIN FITTINGS 3505 LBS 1.20/LB 5,640.00 SUBTOTAL $ 88,255.00 CONTINGENCIES (10%) 8,825.50 SUBTOTAL $ 97,080.50 INDIRECT COSTS (25%) 24,319.50 TOTAL...... .. .. . . . . . . . . . .. . . . .. . . . . .. .. . .. .. . . . .. . ..........$121,400.00 iWATERMAIN L (OVERSIZING COSTS) I 12" DIP WATERMAIN 1215 L.F. $ 26.00/LF $31,590.00 8" DIP WATERMAIN 295 L.F. 17.00/LF 5,015.00 12" GATE VALVE & BOX ' 6 EACH 1,000.00/EA 6,000.0 8" GATE VALVE & BOX 1 EACH 500.0/EA 500.00 (LESS REQUIRED WATERMAIN) 6" DIP WATERMAIN 1510 L.F. $ 14.00/LF <$21,140.00> 6" GATE VALVE & BOX- 7 EACH 450.00/EA < 3,150.00 I SUBTOTAL $18,800.00 CONTINGENCIES (10%) 1.880.00 SUBTOTAL $20,680.00 INDIRECT COSTS (25%) 5,220.00 TOTAL - SPUC COSTS... . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ...E 25,900.00 �. STORM SEWER 12" RCP 0-8' DEP. 115 L.F. 20.00/LF 2,300.00 18" RCP 0.8' DEP. 740 L.F. 24.00/LF 17,760.00 21" RCP 0-8' DEP. 190 L.F. 28.00/LF 5,320.00 CATCH BASINS 6 EACH 800.00/EA 4,800.00 STORM MANHOLES 4 EACH 900.00/EA 3,600.00 SUBTOTAL $ 33,780.00 CONTINGENCIES (10%) 3.378.00 _ SUBTOTAL $ 37,158.00 INDIRECT COSTS (25%) 9,342.00 TOTAL......... . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. .. .$ 46,500.00 STREET CONSTRUCTION SUBGRADE PREPARATION 8240 S.Y. $ 1.00/SY $ 8,240.00 6" AGGREGATE BASE, CLASS 5 2935 TONS 7.00/TN 20,545.00 1-1/2" BITUMINOUS BASE COURSE 730 TONS 25.00/TN 18,250.00 1-1/2" BITUMINOUS WEAR COURSE 750 TONS 28.00/TN 21,000.00 .. SURMOUNTABLE CONCRETE CURB & GUTTER 4120 L.F. 5.20/LF 21,424.00 TOPSOIL AND SEEDING TO RIGHT-OF-WAY 2750 S.Y 0.50/SY 1,375.00 SUBTOTAL $ 90,834.00 CONTINGENCIES (10%) 9,083.40 SUBTOTAL $ 99,917.40 INDIRECT COSTS (25%) 24,982.60 TOTAL.......... . . . . . . . . . . . . . . . . . . .. .. . . .. . . . . . . . . . . . . . .....$124,900.00 �JG MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk 9*' RE: Mt. Olive Evangelical Lutheran Church - Eagle Creek Junction 1st Addition Developers Agreement DATE: July 10, 1987 Introduction On July 7th, Council received a letter from Mt. Olive Evangelical Lutheran Church requesting permission to begin construction prior to recording of the final plat of Eagle Creek Junction 2nd. As a request of that request, Council directed staff to prepare an amendment to the developers agreement and an amendment to the resolution of final plat approval to Eagle Creek Junction 1st Addition; and to research the status of any existing special assessments. Background One of the conditions of the-final plat approva t of Eagle Creek Junction lst Addition was that Outlot A shall undevelopable until it is replatted. That condition of approval was placed in the developers agreement and recorded with the Scott County Recorder. It is because of this condition that City staff is not able to issue a building permit for the Mt. Olive Evangelical Lutheran Church which is to be constructed on part of Outlot A in Eagle Creek Junction 1st Addition. The City Attorney has drafted the attached resolution No. 2759 as well as an amendment to the original developers agreement which amendments provide for deleting the language, "Outlot A shall be undevelopable until it is replatted" , and substituting the language, "Outlot A shall be allowed one building permit prior to being replatted". This amendment will permit staff to issue a building permit to the church. This is also consistant with City policy to permit the issuance of one building permit per parcel. There are special assessments against Outlot A which need to be apportioned against the church property and against the remaining part of Outlot A. Mr. Hurley in the City Engineer's office will be returning from vacation on Monday and he will compute the proper apportionment of the existing special assessments. This apportionment will be inserted into Resolution No. 2752,._A. _ . Resolution Apportioning Assessments within the Plat of Eagle Creek Junction 1st Addition, which is found later on on this agenda under Item 9D. I have spoken both with the purchaser and the seller of this property and their concern is that there be no . special assessments apportioned against the church property which were not part of the church property prior to the platting of Outlot A of Eagle Creek Junction 1st Addition. I explained to C/ ; them that it has been City policy of to apportion special assessments against one parcel of propert against another parcel of property which did not benefit from t e original improvement. Alternatives 1. Approve Reso tion No. 2759 d the amendment to the amendment to th original develo ers agreement. 2. Do not approve Re lution No. 2759 and the amendment to the developers agreeme 3. Make changes to Reso tion No. 2759 and/or the amendment to the developers agreemen . Recommendation Alternative No. 1. Recommended Action 1. Offer Resolution No. 2759, A Reso ution To Amend Resolution No. 2420 Approving The Final Fla Of Eagle Creek Junction 1st Addition, and move its adoption 2. Authorize and direct the proper City fficials to execute an amendment to the developers agreem is of August 6, 1985 between the City of Shakopee and INCA D velopment. JSC/jms them that it has been City policy not to apportion special assessments against one parcel of property against another parcel of property which did not benefit from the original improvement. Alternatives 1. Approve Resolution No. 2759 and the amendment to the amendment to the original developers agreement. 2. Do not approve Resolution No. 2759 and the amendment to the developers agreement. 3. Make changes to Resolution No. 2759 and/or the amendment to the developers agreement. Recommendation Alternative No. 1. Recommended Action 1. Offer Resolution No. 2759, A Resolution To Amend Resolution No. 2420 Approving The Final Plat Of Eagle Creek Junction 1st Addition, and move its adoption. 2. Authorize and direct the proper City officials to execute an amendment to the developers agreements of August 6, 1985 between the City of Shakopee and INCA Development. JSC/jms MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Mt. Olive Lutheran Church DATE: July 10, 1987 INTRODUCTION At their meeting on July 9, 1987, the Planning Commission passed a motion recommending the City Council authorize the issuing of a Building Permit for Mt. Olive Lutheran Church. BACKGROUND At their meeting on July 9, 1987, the City Planning Commission reviewed the Preliminary and Final Plat for Eagle Creek Junction 2nd Addition and the Conditional Use Permit for the Church. The Planning commission approved the Preliminary Plat for Eagle Creek Junction 2nd and the Conditional Use Permit for the Church. The Preliminary Plat will come before the City Council at their meeting on July 21, 1987. Following approval of the Conditional Use Permit for Mt. Olive Lutheran Church a motion was offered and passed by the Planning Commission recommending the City Council authorize the issuance of a Building Permit to the Church. DKW:cah 4 G RESOLUTION NO. o� / A Resolution to Amend Resolution No. 2420 Approving the Final Flat of Eagle Creek Junction 1st Addition WHEREAS, The City Council of the City of Shakopee duly adopted Resoltuion No. 2420 approving the final plat of Eagle Creek Junction 1st Addition on August 6, 1985, and WHEREAS, said plat contained, among other things, tract of land delineated as Outlot A and the Resolut' n declared that Outict shall be undevelopable until it is replotted, and s 'WHEREAS, pursuant to said uncil action and he said Resolution a Developer's Agreement was made and entered into on August 6, 985 between the City of Shakopee and Inca Development, a partnership, a which as consented to by Mount Olive Evangelical Lutheran Church, and which, ong other things, provided that Outlo[ A shall be undevelopable until it is replatte and the said agreement acknowledged and agreed that Ontlot A is undevelopable unti it replatted, and WHEREAS, the final plat of Eagle Cre Junctio lst Addition now filed does show and delineate lot, lot sizes, stree s and is abou to be confirmed by the filing of a replat thereof, and WHEREAS, the Mount Olive Evangelical Lutheran Church i the purchaser of a definitely delineated and described }bract within said Outlot A nd has made it appear to the City Council that it is necessary for the Church to obtain a building permit P / for its new church building immediately in order that the congregation will be able to meet certain unalterable deadlines for the construction and completion of its new church building without further delay, and WHEREAS, the City Council has investigated all of the facts brought to its attention and in view of all of the facts including, but not limited to, the above 4 ly C. RESOLUTION NO. A S / A Resolution to Amend Resolution No. 2420 Approving the Final Plat of Eagle Creek Junction 1st Addition WHEREAS, The City Council of the City of Shakopee duly adopted Resoaltuion No. 2420 approving the final plat of Eagle Creek Junction 1st Addition on August 6, 1985, and WHEREAS, said plat contained, among other things, a tract of land delineated as Outlot A and the Resolution declared that Outlot A shall be undevelopable until it is replatted, and WHEREAS, pursuant to said Council action and the said Resolution a Developer's Agreement was made and entered into on August 6, 1985 between the City of Shakopee and Inca Development, a partnership, and which was consented to by Mount Olive Evangelical Lutheran Church, and which, among other things, provided that Outlot A shall be undevelopable until it is replatted and the said agreement acknowledged and agreed that Ontlot A is undevelopable until it is replatted, and WHEREAS, the final plat of Eagle Creek Junction 1st Addition now filed does show and delineate .lotqlot sizes, streets and is about to be confirmed by the filing of a replat thereof, and WHEREAS, the Mount Olive Evangelical Lutheran Church is the purchaser of a definitely delineated and described tract within said Outlot A and has made it appear to the City Council that it is necessary for the Church to obtain a building permit f for its new church building immediately in order that the congregation will be able to meet certain unalterable deadlines for the construction and completion of its new church building without further delay, and WHEREAS, the City Council has investigated all of the facts brought to its attention and in view of all of the facts including, but not limited to, the above referred to deadline and more importantly the fact that the plat of Eagle Creek Junction 1st Addition shows the ultimate details of .i. Outlot A and is now and has been of record since the _day of 1989, and [REAS, in view of the facts now before the Council and as herein setforth the Coun, finds that further delay in granting the Petition for a building permit to the Mount Olive Evangelical Lutheran Church would be arbitrary, unjust, capricious and accomplish nothing that has not already been done, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA as follows: 1. That the building permit requested by Mount Olive Evangelical Lutheran Church should issue forthwith and be delivered to said church. . 2. That to accomplish the issuance of the said building permit; A. Resolution No. 2420 be forthwith amended by striking from said Resolution the requirement that and the provision that "Outlot A shall be undevelopable until it is replotted " andb adding the provision that "Outlot A shall be allowed one building permit prior to B. That said Developer's Agreement be amended by striking from said being replatted" . agreement (1) Subdivision A of Section X thereof which provides "Outlot A shall be undevelopable until it is replatted" and (2) By striking from said Developer's Agreement the acknowledgment and the agreement that Outlot A is undevelopable until it is replatted and all and_any-other references thereto. C. That the Developers Agreement be amended by adding to said agreement„.Subdivision A of Section X: "Outlot A shall be allowed one building permit prior to being replatted". 3. That all the City 'of'ficials are hereby authorized, empowered and directed to act and to do all things necessary, proper and expedient to carry out the provisions hereof without any unnecessary delay. Adopted in regular adjourned session 7'/1he Shakopee City Council held this 14th day 4approved Mayor ATTEST: X", City Prepared ao formthis 9th d , ity Attorney 4' C-� Adopted in regular adjourned session of the Shakopee City Council held this 14th day of July, 1987. N.avor ATTEST: City Clerk Prepared and approved as to form this 9th day of July, 1987. �ty Attorney 'l 7 � C, Amendment to Developer's Agreement of August 6, 1985 between the City of Shakopee and Inca Development In consideration of the adoption of a Resolution to Amend Resolution No. 2420 approving the final plat of Eagle Creek Junction 1st Addition, known as Resolution No, A7S9 on the 14th day of July, 1987 and other valuable consideration, IT IS HEREBY AGREED by the City of Shakopee, a municipal corporation under and pursuant tothelaws of the State of Minnesota, and Inca gDevelopment, a partnership, that pursuant to the adoption of Resolution No. a7S/ by the Shakopee City Council on the 14th day of July, 1987, the Developer's Agreement made and entered into. on August 6, 1985 between the City of Shakopee and Inca Development, a partnership, is hereby amended as follows: 1. By striking from said agreement that provision "Outlot A shall be undevelop- able until it is replatted",and - - - 2. By adding to said agreement the provision "Outlot A shall be allowed one building permit prior to being replatted" , and g. By striking from said Developer's Agreement the acknowledgment and agreement that Outlot A is undevelopable until it is replatted and all and any other references thereto. IT IS MUTUALLY AGREED BY AND BETWEEN the parties hereto that said Developer's Agreement amended hereby is hereby confirmed in all other respects. This agreement amending said Developer's Agreement is signed, executed and delivered this day of July, 1987 by the City of Shakopee by authority of its City Council and by Inca Development, a partnership. INCA DEVELOPMENT, A PARTNERSHIP CITY OF SHAKOPEE , a municipal corporation By By Mayor By BY City Administrator BY � _ ^Pci � OPV � is RESOLUTION NO. 2759 A RESOLUTION TO AMEND RESOLUTION NO. 2420 APPROVING THE FINAL PLAT OF EAGLE CREEK JUNCTION 1st ADDITION WHEREAS, The City Council of the City of Shakopee duly adopted Resolution No. 2420 approving the final plat of Eagle Creek Junction lst Addition on August 6, 1985, and WHEREAS, said plat contained, among other things, a tract of land delineated as Outlot A and the Resolution declared that Outlot A shall be undevelopable until it is replatted, and WHEREAS, pursuant to said Council action and the said Resolution a Developer' s Agreement was made and entered into on August 6, 1985 between the City of Shakopee and Inca Development, a partnership, and which was consented to by Mount Olive Evangelical Lutheran Church, and which, among other things, provided that Outlot A shall be undevelopable until it is replatted and the said agreement acknowledged and agreed that Outlot A is undevelopable until it is replatted, and WHEREAS, the final plat of Eagle Creek Junction 1st Addition now filed does show and delineate lot, lot sizes, and streets, and ss-aWext-te-be-eeg€sinned-by-tke--€s�4gg-a€--a- eW4aE-t3�eree€T aad- WHEREAS, the Mount Olive Evangelical Lutheran Church is the purchaser of a definitely delineated and described tract within said Outlot A and has made it appear to the City Council that it is necessary for the Church to obtain a building permit for its new church building immediately in order that the congregation will be able to meet certain unalterable deadlines for the construction and completion of its new church building without further delay, and WHEREAS, the City Council has investigated all of the facts brought to its attention and in view of all of the facts including, but not limited to, the above referred to deadline and more importantly the fact that the plat of Eagle Creek Junction 1st Addition shows the ultimate details of Outlot A and is now and has been of record since the 1st day of December, 1986, and k}H£REi+6;-3sr-+riew-a€-ths- €aets-noa the the bhe- n-fis�s-tkat-4zi-rtke�--de3ay-ifl--g£atsn5-te Petstiorr-dor__a__}�xi3d-isg__Y 'fA-t-to-tf+e-44aufrt-E}ls�Evatx 7.9.ea3 s�ntsie�aa--£sxrrre�+--vandA--be--arbst�a�--s�rjsst%--�'PT'ie ieus--ate aeeox�r]--ish-ar�bkssg-t-iat--kas-xxr>t-e-lTeady-beea-drme; WHEREAS the replat of Outlot A also known as Eagle Creek Junction 2nd Addition has received preliminary approval by the Planning Commission; and 8` C-� WHEREAS the Council does not wish to delay the issuance of a building permit to the Mount Olive Evangelical Lutheran Church and desires to make an exception for the church, but with the explicit understanding that no final certificate of occupancy shall be issued until a final replat of Outlot A is recorded with the County. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA as follows: 1. That the building permit requested by Mount Olive Evangelical Lutheran Church should be issued forthwith and delivered to said church, with the stipulation that no final certificate of occupancy shall be issued until a final replat of Outlot A is recorded with the County. 2. That to accomplish the issuance of the said building permit; A. Resolution No. 2420 be forthwith amended by striking from said Resolution the requirement that and the provision that "Outlot A shall be undevelopable until it is replatted" and by adding the provision that "Outlot A shall be allowed one building permit prior to being replatted. B. That said Developer's Agreement be amended by striking from said agreement: (1) Subdivision A of Section X thereof which provided "Outlot A shall be undevelopable until it is replatted" and (2) By striking from said Developer' s Agreement the acknowledgment and the agreement the Outlot A is undevelopable until it is replatted and all and any other references thereto. C. That the Developer' s Agreement be amended by adding to said agreement, Subdivision A of Section X: "Outlot A shall be allowed one building permit prior to being replatted" . 3. That all the City officials are hereby authorized, empowered and directed to act and to do all things necessary, proper and expedient to carry out the provisions hereof without any unnecessary delay. g C`i Adopted in regular adjourned session of the Shakopee City Council held this 14th day of July, 1987. Mayor of the City of Shakopee ATTEST: City Clerk Prepared and approved as to form this 14th day of July, 1987. City Attorney TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Tax Increment Funding for Projects (Informational) DATE: July 9, 1987 Introduction Attached is a report from Springsted which, based on the assumptions shown, projects the TIF revenues and the ability to support the projects of downtown, bridge/bypass and upper valley drainage. Current information from Springsted is attached and the data from previous (1986) studies is available for any one who wants to view it. Springsted's report shows a shortage of $218,000 in 1987 on schedule IA and IS. The City has $310,000 on hand from - surplus TIF bond proceed from the Holmes Basin project and the Race Track offsite projects. One of the key assumptions is that the two issues of fiscal disparities will be resolved favorably. The first is the situation where the County Auditor worked off of the preliminary resolution for the Race Track District and took the fiscal disparities contribution out of the district instead of out of the city as per .the final resolution. It appears that this issue will be corrected for 1988 but it is not known if any adjustment can be made to recoup the loss of TIF dollars for 1987. Bond counsel's opinion is that the City can not at this point change the fiscal disparity election and have the contribution come out of the district. The second issue is the possibility that the County Auditor may not be applying or settling tax dollars paid by a district in the manner practiced by other counties. The tax statements for any particular parcel in a TIF district show a levy made based on the total city mill rate and a levy based on the fiscal disparity mill rate. Instead of the city receiving the increase in total taxes on the parcel, we are receiving only the increase in taxes for the city mill rate. We are not getting the increase in taxes levied under the fiscal disparity mill rate. The net effect is that we are getting only about 75% of the increase in taxes in the TIF districts. If in fact this is the case, the magnitude of the dollars. involved are for 1987 taxes, $488,688 for district #1 and $326,208 for district #4. Staff is actively following up and getting this issue clarified. The practice affects all cities in the county with TIF districts. SPRINGSTED INCORPORATED , P51iasl nance Aplams 85 East Seventh Race,Suite 100 Saint Paul,Minnewta 551012143 612 2233000 July 10, 1987 Mr. John Anderson, Administrator City Hall .129 East I st Avenue - Shakopee, Minnesota 55379 RE: Updated Estimate of Tax Increment Income Ava' 'bility from the K-Mart and Canterbury Downs Projects Dear Mr. Ander6: We have per The City's request performed an dated estimate- of The availability of tax i rement income from these t Districts to finance the Downtown Streetscap Bridge & Bypass, and pper Valley Storm Sewer projects. This projectio is the third we have per rmed, with the initial study - being done in March, 198 Since this study is.4imply an update of the more extensive initial study, we 'ghly recommend that the City review all of the original assumptions and con 'tions contained in the original study. We have included copies of the two prev us studies for this purpose. This update changes some of the sumptions used in the previous two studies. One fundamental assumption is the tal receipt of all eligible property taxes from the Districts without regard fo any impact of fiscal disparities. In the previous studies this condition was a iven, not an assumption. In the last week it has been determined That the C nty's position is that a portion of the property tax payments from the Distric should not go exclusively to The City, but rather to all taxing jurisdictions. he effect of this situation in 1987 is a loss of $600,000. The City Finance Di ctor is enclosing a report more fully describing this situation and The possible medies for The City. The other major assumptions of this update are as allows: (a) No inclusion of cur nt cash-on-hand; (b) No inclusion of st m sewer user fees or specia benefit fees; (c) No inclusion of rt/investment income; and (d) All future bond i sues having an average coupon in erest rate of 8%. In the two previous udies, increment income figures h e come from the original official sta ements of The K-mart and Canterbury wns bond issues. These income figures were based on an assumption of a total ill rate of 110 mills over the Term of the issues. We continued to use this so a 110 mills in evaluating new development occurring in the District. The City current mill rate is approximately 138 mills. In this update we present two stimates of future increment income. Exhibit IA illustrates the situation at 110 mills. Exhibit IB is the situation at 120 mills. These two mill rates should be viewed as alternative assumptions for determining future income. SPRINGSTED %--ORPORAT�D , l 85�.a!ran<et oce5 ..�. S6,nt Seven,n sm 5ww X00 612 22303 Minnesc:a 55:012143 6122233000 July 10, 1987 Mr. John Anderson, Administrator City Hall 129 East Ist Avenue Shakopee, Minnesota 55379 RE: Updated Estimate of Tax Increment Income Availability from the K-Mart and Canterbury Downs Projects Dear Mr. Anderson: We have per the City's request performed an updated estimate of the availability of tax increment income from these two Districts to finance the Downtown Streetscope, Bridge & Bypass, and Upper Valley Storm Sewer projects. This projection is the third we have performed, with the initial study being done in March, 1986. Since this study is simply an update of the more extensive initial study, we highly recommend that the City review all of the original assumptions and conditions contained in the original study. We have included copies of the two previous studies for this purpose. This update changes some of the assumptions used in the previous two studies. One fundamental assumption is the total receipt of all eligible property taxes from the Districts without regard for any impact of fiscal disparities. In the previous studies this condition was a given, not an assumption. In the last week it has been determined that the County's position is that a portion of the property tax payments from the Districts should not go exclusively to the City, but rather to all taxing jurisdictions. The effect of this situation in 1987 is a loss of $600,000. The City Finance Director is enclosing a report more fully describing this situation and the possible remedies for the City. The other major assumptions of this update are as follows: (a) No inclusion of current cash-on-hand; (b) No inclusion of storm sewer user fees or special benefit fees; (c) No inclusion of reinvestment income; and (d) All future bond issues having an average coupon interest rate of 8:K. In the two previous studies, increment income figures have come from the original official statements of the K-mart and Canterbury Downs bond issues. These income figures were based on an assumption of a total mill rate of 110 mills over the term of the issues. We continued to use this same 110 mills in evaluating new development occurring in the District. The City's current mill rate is approximately 138 mills. In this update we present two estimates of future increment income. Exhibit IA illustrates the situation at 110 mills. Exhibit IB is the situation at 120 mills. These two mill rates should be viewed as alternative assumptions for determining future income. 3 8d City of Shakopee, Minnesota July 10, 1987 Page 2 Exhibits IA and IB are set up on the following manner: Column 1 Indicates the year of property valuation, and then increment collection and bond payment; Column 2 lists the current actual total debt service commitments of the increment income; Column 3 estimated increment income of the original K-Mart and Canterbury Downs projects; Column 4 estimated increment income of new development in the Districts; Column 5 difference between present debt service commitments and TIF income; Column 6 estimated net debt service for the Downtown Streetscape project after deduction of special assessment principal of 5200,000; Column 7 estimated debt service for the Bridge & Bypass project; Column 8 difference between TIF income surplus (deficit) from column 5 after deduction of debt service from the Downtown Streetscape and Bridge & Bypass projects; Column 9 estimated debt service for Upper Valley Storm Sewer projects; Column 10 difference between TIF income surplus (default) from column 8 after deduction of debt service for Upper Valley Storm Sewer project; and Column I I Cumulative position of TIF income over term of Districts. As column 11 indicates, the only deficit situation occurs in the first year in the amount of ($218,245). This deficit occurs because of the present difficulty with the County on the administration of fiscal disparities for the Districts. The City staff estimates that present cash-on-hand would cover this initial deficit. We continue to vigorously recommend that due to the number of assumptions contained in these analyses, that the City closely monitor these Districts and whenever possible compare actual financial experience with these estimates. We expect to perform additional updates as more information is known or situations change. Please feel free to contact us should you have any questions. Respectfully, SPRING TED Incorporafed /cjP EXHIBITS Summary: I10 Mil . ......... .... .. ........ .... .................. Exhibit IA Summary: 120 Mills . ........... .. ... .. ...... ....... ............. ExhibitlB Increment Income Increas rom New Developmen : 110 Mills ...... .. ... Exhibit IIA Increment Income Increase fro New Developm t: 120 Mills .. ........ . Exhibit IIB Downtown Streetscape .... ...... ..... ... ......... ...... .. ....... . Exhibit 111 Downtown Streetscape: Assessment I ome .... .. .. .. ......... ....... Exhibit IIIA Bridge & Bypass . .... .... .. ..... .. .... ....................... ..... ExhibitIV Upper Valley - 1987 Issue .. .. . .. .. .. ..... Exhibit V Upper Valley - 1988 Issue . ... .. .. .. . .. .... ... ...... .... .. ..... ..... Exhibit VI Upper Valley - Combined Debt Schedules . ..... .. . ....... ...... . ..... Exhibit VII Previous Studies .... ..... . .. . .. ... .. .. .. . . .. .. .... ... .. .. ... .. ... . Exhibit VIII Y C� EXHIBITS Summary: H O Mills ... .. . .. . ........ ........ . .. . ... ... . ........ ... Exhibit IA Summary: 120 Mills . ... .. . ... .. .. .. .. ... .. .. .. . .. . .. ..... . .. .... .. Exhibit IB Increment Income Increase from New Development: 110 Mills ..... ...... Exhibit IIA Increment Income Increase from New Development: 120 Mills . ..... .. . .. Exhibit IIB Downtown Streetscape . .. . . . . .... .. .. ...... ..... . .. ... ... . .. .. .. ... Exhibit 111 Downtown Streetscope: Assessment Income . .. .. . .. .... .. . .. .. . ... . .. Exhibit IIIA Bridge & Bypass . .. . ... .. ... . .... .. ...... .. .. ... ... .... ..... .. .. .. . Exhibit IV Upper Valley - 1987 Issue ... ... .. .. .. ...... .. ... .. . . . ... . .. .... ... .. Exhibit V Upper Valley - 1988 Issue . .... .. .. .. .. ... . .. .. . .. . .. ... . .. .. ... .. .. . Exhibit VI Upper Valley - Combined Debt Schedules ...... ... . .. ... ... . .... .. .. .. Exhibit VII Previous Studies . ... ...... . .. . .. .. .. .. .... .. .. . .. .. . ... . .. ...... ... Exhibit Vlll >� /a EXHIBIT [A tE \ . . . . . . . . . . . . ) { ff | zr ! B . _ _ . = . } ! ©: \ \ - - - . . \ } - - - - - � . G - - - - - - - - - - - - - ! / ! { ; � | + � . . . . . . . . . . . . . . . . . � \ \ k ) \ {}a \ ( \ \ \ \ \ \ ) ) ) ( ) ) ) ) ( ) ) \ \}\ ( § f § § ( § § ® ® r < _ ! ! _ . ■ . � . EXHIBIT - - - - - - - - - -- - - - � \/�\ . . . . . . . . . . . . . . . . � { \ - - - - - - -- g - - - _ - \ \ ? k | \ g e . . . . . . . . . . / }\ � /` ( \ § \ / } ( § ■ ! r ■ § « � \ \ \}}} - - / -- ---- -- d ) \ - - - - - - - - - - -- - - - - - • / � — Z » ® EXHIBIT IB } ! }� . . . . . . . . . . . . . . . . � ) § ! ! . • ! . Z. ( { . _ . . _ _ xo _ / : : - - . - - - - - - - - � � ! ; $ ! s E . . . . . . . . . . . . . . . . . . | ; , . . . . . . . . . . . . . . . . . |{ � / } \ \~ ( § \ § § ) \ § ; § ; _ . . | _ . \} \ EXHIBIT IIA CITY OF SHAKOPEE, MINESOTA INCREMENT INCOME INCREASE FROM NEW DEVELOPMENT K-Mort District Motel Value as of 1-2-87 Parcel /)1 $6,984,800 Parcel Ill (Parking Lot) 270,500 Total Value as of 1-2-87 $7,255,300 Assessed Value(a) $3, 110,779 Backstretch Value as of 1-2-87(b) -0- Assesed Value(a) -0- Total Increase Assessed Value $3, 110,779 Mill Rate Assumed in Original District(c) 110 Mills Annual Increment Income $ 342,186 * Collectible 1988-2004 Canterbury Downs Grandstand Values as of 1-2-87(b) $ -0- Assessed Volue(a) -0- Annual Increment Income $ -0- * Collectible 1988-1994(d) (a) Assessed Value based on commercial classification with no contribution to fiscal disparities. (b) New valuation from Backstretch and Grandstand facilities assumed to be included within $43.0 million Development Agreement minimum valuation requirement. (c) Mill rate of 110 mills was assumed in structuring original TIF revenue bond issues. (d) Economic Development District. O v EXHIBIT II-6 CITY OF SHAKOPEE, MINESOTA INCREMENT INCOME INCREASE FROM NEW DEVEJLOPMENT K-Mart District Motel Value sof I-2-67 Parcel $6,984,800 Parcel p2 Parking Lot) / 270,500 Total Value s of 1-2-87 / $7,255,300 Assessed Valu (a) $3, 110,779 Backstretch Value as o 1-2-87(b) -0- Assesed Value(a) \ -0- Total Increase Assessed Valve $3, 110,779 Mill Rate Assumed in Originalt Distri 1(c) 120 Mills Annual Increment Inco $ 373,300 * Collectible 1988-2004 Canterbury Downs Grandstand Values as of 1-2-8. b) $ -0- Assessed Value(a) _0_ Annual Increment Income \ $ _0_ * Collectible 1988-1994(d) (a) Assessed Value based on commercial classification with no contribution to fiscal disparities. (b) New valuation from Backstretch and Grandstand facilities assumed to be included within $43.0 million Development Agreement minimum valuation requirement. (c) Mill rate of 110 mills was assumed in structuring original TIF revenue bond issues. (d) Economic Development District. o � a EXHIBIT II-13 � CITY OF SHAKOPEE, MI1,ESOTA INCREMENT INCOME INCREASE FROM NEW DEVELOPMENT K-Mart District Motel Value as of 1-2-87 Parcel 0l $6,984,800 Parcel #2 (Parking Lot) 270,500 Total Value as of 1-2-87 $7,255,300 Assessed Volue(a) $3, 110,779 Backstretch Value as of 1-2-87(b) -0- Assesed Value(a) -0- Total Increase Assessed Value $3, 110,779 Mill Rate Assumed in Original District(c) 120 Mills Annual Increment Income $ 373,300 • Collectible 1988-2004 Canterbury Downs Grandstand Values as of 1-2-87(b) $ -0- Assessed Volue(a) -0- Annual Increment Income $ -0- Collectible 1988-1994(d) (a) Assessed Value based on commercial classification with no contribution to fiscal disparities. (b) New valuation from Backstretch and Grandstand facilities assumed to be included within $43.0 million Development Agreement minimum valuation requirement. (c) Mill rate of 110 mills was assumed in structuring original TIF revenue bond issues. (d) Economic Development District. p al EXHIBIT 111 b d d V a n O ri JJ 4J9N � OM 01 Mm N N Cm m m m Cmvm y b N n m 0 N `-' VnMNONMW m 0 O O S - mmm �U E N N m m m m m O M m n M -•� Q e e e Q Q Q Q Q W N N 7 7E- 1, a V N oonnme0m •Oz CO m W M Q Nr ow m m Ha E U n m .iQnON r N Na or NQ NmID e .-I O •N Nm W � InaQnNNen m ^ N V a m N w q O N d9 .-1 00000000 O C O owe Q .+ mQamnm a -•+ .a o - W E. ry m m r r e e n troy w QQeeeeQQ n V O 4 O N N A QOQ a .-I .-IV -V 00000000 0 ^ioti G ❑ o ro N o 00000000 O m e n ro in V a41 -- 000 womNm e m m M N O •.i is x E- 04) m1.lbNmbNN N W U r V Om10mvvvQ Vl M C Q Q e Q Q Q Q e N G a .y N ro > d V •-. 00000000 O V NO mm 0 0 0 0 0 0 0 0 O N •• N 0 — OOOm Nm a mw •• O .. u . O O U ro v mmbNmNf•1N N V m m •u e .i mmn m W m POO N O N T >+ r N N N .-1 m H N N 6 E NV 0 ❑ H mId 7N OA N `. 0000000do Z 7 w G j Q 0 0 0 0 0 0 0 0 C N N A V � — 00000000 aaz oy a 0 OL NN Op U ,-1 00000000 O y.H yyV pt AN 00000000 O do dP V •0 ow. , 00000000 O onom 0 m ' om a y-sw U om000mo o O O N •.+ � 0 .ia C Nnme-INM W H n NQ V H C4N H NN N N a1 NM Q b mm Wwo V a ro U m b NS.IN m 0 N W e-i W mmOr•1N MQO L d O. GN I OVN mmmmmmmmN N •0 0Ny .� ,y a � mmmmmmmm >4g mC NAL 11 N ^i NNN ./ NNN ..M .-•I m N � L O N m N 01 N 7 7 N N b NO >. IO V CP'. V 0 w � 3 W WO WOOMNM Nm =. NV 000 4t O > .•I m mmmm mm m N >• •E 4 • WO n V -ow 0 — m m m m m m m m " U w o >,m = N 0 N r4 N N N N .-I .-I .1 N 4 10 N C 0101H V at 0 -wirymro v co+ aez � � EXHIBIT IIIA City of Shakopee, Minnesota Prepared July 7, 1987 $2,670,000 General Obligation By SPRINGSTED Incorporated Downtown Streetscape Project PROJECTED ASSESSMENT INCOME Downtown Streetscape Filing Date: 10/ 1/1987 Filing Collect Integest Year Year rincipal @ 9 '500$ Total _____ _______ _ ___ _____ 1987 1988 28 571 23,789a 52,360 1988 1989 28, 71 16,286 44,657 1989 1990 28,5 13,572 42, 143 1990 1991 28,57 10,657 39,428 1991 1992 — 28,57 8,143 36,714 1992 1993 28,5 1 5,429 34,000 1993 1994 28, 74 2,715 31,289 TOTALS 20 , 000 ,791 280,791 a) ncludes inte esti from filing date to 12/31/198$. L EXHIBIT IIIA City of Shakopee, Minnesota Prepared July 7, 1987 $2,670,000 General Obligation By SPRINGSTED Incorporated Downtown Streetscape Project PROJECTED ASSESSMENT INCOME Downtown Streetscape Filing Date: 10/ 1/1987 Filing Collect Interest Year Year Principal @ 9.5001 Total _____ _______ ----- 1987 1988 28,571 23,789a 52,360 1988 1989 28,571 16,286 44,857 1989 1990 28,571 13,572 42,143 1990 1991 28,571 10,857 39,428 1991 1992 — 28,571 8,143 36,714 1992 1993 28,571 5,429 34,000 1993 1994 28,574 2,715 31,289 TOTALS 200,000 80,791 280,791 a) Includes interest from filing date to 12/31/1988. h EXHIBIT IV ro W N m sa rO arH .-. 0000000 0 m �, mWr oNHmrNm o m oy �- mmomHNm r Ho Ho . . . . . . . . no--i w mminmmmm m ° n 000 ,yW 000 ryN omni N H , 4j0000000 o vmn G ro Z W oW mm w w 0000000 O m a 0 N Ma O-d S4 % . OV . 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I €8 : 8 N TW V _' ' ' ' TV mY a ga.mm e e VEm e � Is e . g . 98 �.._........�W = Sev : nn : A.2 c 88888888888888888888 `=e e y eeeeeee � eoevevoeoveoeee_m - v e e e e e o-eeeoeeveeoo uuvvvN .�uv _ _ ' - " -' eeeeeeeeaa� �a < a � omme.m .. 0 �.Ua� ve $ ze �v� mSe8o8 = 8S8fficSeepee&Saeu�mGoepce�S =oBSSoevaN � � - eee� oeeee8eeee � BSeee �. - � eeee8e8888e= eeeee8vee �- _ =88888888888 . . . . . 888888888888888888888 $ 588888 ~ e Y3 &=wA- wwLu_ _ '- NF vo�o- » > o- o- » au_ o- o- aee >aa �a�N98Ne '= eBva > me>P >aaae = • v�uma� a$$ $ aau� �aaeed�S>m � � �� eeeSm �Nu«aaaa8�� o- vmGeuwu � � m < mmuuoe-- -- - -- -- -- 3 e e m^ 2 X E e ee m SS e N " B 03� oe8 m _ = nn S a MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Enginee r SUBJECT: Agreements for Railroad Crossing Improvements DATE: July 8 , 1987 INTRODUCTION: At their October 7, 1986 meeting, Council directed staff to work with the Chicago Northwestern Railroad ( CNR) and Mn/DOT in pursuinga federally funded corridor improvement project. BACKGROUND: Last year the City was ready to strike a deal with the CNR such that if the City purchased the rubberized crossing material for crossings in the downtown area, the CNR would install the material. Recall that timing problems aswellas a proposal by . the CNR and City to upgrade the signal protection through a federally funded corridor improvement delayed that work. Bids were received for the material but all bids were rejected. Over the course of the winter, no progress was made on a proposed corridor project because of the failure of Congress to reauthorize surface transportation funds. Mn/DOT would not accept proposals for railroad crossing improvements. With the passage of the act authorizing funds, a corridor project is now possible if the Shakopee project rates high enough on a priority system to warrant federal funds. The proposed project consists of new signals with motion sensing devices that allow for the removal of the inplace overhead communication system. This has been a goal of the Downtown Committee due to the blighted appearance of the overhead system. Also included would be surface crossings of rubber if the crossings qualify due to traffic loadings. It appears that the only crossing that will meet minimum requirements is Holmes Street. I have not received an estimate of the cost of the corridor project as of yet but my best guess is in the order of $400,000.00 to $500,000 .00 . . Federal funding would be 90% and 10% _ local funding would be required of the City. Engineering has provided- traffic data and other pertinent information to Mn/DOT for their analysis of the project priority status. We are very hopeful to obtain funding for this project but if successful , the project could not be installed until 1988. If the 1987 construction portion of the downtown project proceeds, that leaves us with a minor timing dilemma as there needs to be some underground conduit and conductor work and signal foundation work completed before final surface paving on the streetscape project. Railroad Crossings July 8 , 1987 Page 2 Attached to this memo are two proposed agreements between the City and CNR. One agreement provides for the installation of rubber crossings at Sommerville Street and Lewis Street. The terms of the agreement is such that if the City provides the material, the CNR will do the installation. At their June 30, 1987 meeting, Council authorized the taking of bids for the rubber material . Also attached is Resolution No. 2755 awarding the contract for the supplying of the material. The low bidder is Red Hawk Rubber Company with a bid of $28, 686 .00 . The Engineer' s estimate was $30,000.00 Again, this is for material at Sommerville and Lewis, only. Staff proposes the installation of rubber at Spencer, Holmes, Fuller, Atwood, and Scott but wish to proceed with these intersections next year after final determination as to which crossings qualify for—federal funding of the rubber. - The second agreement provides for miscellaneous railroad signal relocationworkat Lewis, a pole relocation, installation of signal foundations at Sommerville and the installation of conduit and conductor within the 1987 project area. The estimated cost of this agreement based upon unit expenditures is $13, 138.00. Irregardless of the status of the federal project, the signal relocation and pole relocation must be done at an estimated cost of $7 ,319.00 if the Downtown Streetscape Project proceeds. The difference of $5,819.00 is for the work in anticipation of the federal project. This cost would not be reimbursed through the federal project. We expect to have a determination on the federal .project by the time the agreement provisions are to be completed. If we are not successful in acquiring funding, there is a provision in the agreement to delete the work related to the federal project. However, we need to execute the agreement at this time to accommodate the ordering of materials by the CNR. If the materials are not installed, at worst I would pay a modest stocking charge.. Alternatives: The basic alternatives available to Council are as follows: 1 . Approve both agreements. 2 . Approve the agreement for the installation of rubber only and only that portion of the other agreement that provides for the work necessary to accommodate the Downtown Streetscape Project. The selection of this alternative would be giving me the signal to discontinue efforts on the corridor project. l Railroad Crossings July 8 , 1987 Page 3 3. Approve only that portion of the one agreement to accommodate the Downtown Streetscape Project. With this alternative , all bids for rubber material should - be rejected. Again, the selection of this alternative would discontinue efforts on the corridor project as well as improving the crossings. 4 . Reject all bids on the Downtown Etreetscape Project, reject all bids for rubber material and do not approve either agreement with the CNR. RECOMMENDATION: If the Downtown Streetscape Project is ordered, I strongly recommend that Council approve both agreements with the CNR. The presence of the railroad tracks through 2nd Avenue has been considered by many as being a detriment. A corridor improvement project would help in this area. REQUESTED ACTION: 1 . Authorize the appropriate City Officials to enter into an agreement with the Chicago and Northwestern Transportation Company for the relocation of signals at Lewis Street, relocation of other miscellaneous structures and the installation conduit and conductor between Lewis and Sommerville at an estimated cost of $13 ,138.00. 2. Authorize the appropriate City Officials to enter into an agreement with the Chicago and Northwestern Transportation Company for the installation of rubberized crossings at Lewis Street and Holmes Street. 3. Offer Resolution No. 2755, A Resolution Accepting Bid on the Railroad Crossing Improvements, Project No. 1987-9 and move its adoption. KA/pmp CROSSINGS RESOLUTION NO. 2755 A Resolution Accepting Bid On Railroad Crossing Improvement Project No. 1987-9 WHEREAS, pursuant to an advertisement for bids for the Railroad Crossing Improvements were received , opened and tabulated according to law, and the following bids were received complying with the advertisement: Red Hawk Rubber Company $28,686.00 Goodyear $29, 031 .20 Hi-Rail Corporation $29,740.48 Structural Rubber Products $35,251 .52 AND WHEREAS, it appears that Red Hawk Rubber Company , 3911 Dayton Street, McHenry, Illinois 60050 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 Red Hawk Rubber Company , in the name of the City of Shakopee .for the improvement of Railroad Crossings, Project No. 1987-9, 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 AGREEMENT THIS AGREEMENT, made and entered into by and between the City of Shakopee, Minnesota, herinafter called the "City" and the Chicago and North Western Transportation Company, herinafter called the "Company". WITNESSETH: TEAT, WHEREAS, Lewis Street and Sommerville Street, as presently located in the City of Shakopee, Minnesota, cross at grade the main line track of the Company; and the crossings thus formed are constructed of flange rail and blacktop material and protected flashing light signals (Lewis Street) and by crossbucks; and WHEREAS, the parties hereto desire to upgrade the track at the crossings and to reconstruct the crossings proper with prefabricated rubber panels; and WHEREAS, the City and its inhabitants and the users of said public streets will derive substantial benefits from reconstructing the grade cross- ings, the City is willing to funish all necessary rubber crossing materials. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements as herinafter contained, the parties hereto agree as follows: SECTION 1. The parties hereto shall construct, or cause to be con- structed the following items of work: 1. The City shall furnish, or cause to be furnished, at its sole cost and expense, all labor, materials, tools and work equipment re- quired to perform and complete: a. Removal of existing blacktop material in the crossings. b. Furnish all rubber crossing materials. C. Resurface street approaches, as required. 4 w Aikss, t ilii 14 t72).t ada -zo M-1 4 T',ad- I -1a a vill- silmW 'Aix, 01 :V,-,an -0 ,:Jr,_ . F� -2- 2. The Company shall furnish, or cause to be furnished, at its sole cost and expense, all labor, materials, tools and work equipment requited to perform and complete: a. Install rubber crossing materials, furnished by the City. b. Incidental items necessary to complete the above described work. SECTION 2. If at any time subsequent to this improvement, the track through the crossing is eliminated for any reason whatsoever, the crossing proper and the track material through the crossing shall be removed by the Company, at its expense, and the rubber crossing panels turned over to the City. The City at its expense, shall fill the gap in the roadway caused by the track removal. - The Company agrees that it will not remove or replace any of the rubber crossing material without first having obtained concurrence from the City. If it is mutually agreed upon between the parties that the crossing proper, or any part thereof, is to be eliminated, removed or replaced, the crossing proper materials shall be removed by the Company at its expense; and the rubber crossing panels turned over to the City. SECTION 3. Upon completion of the work herein contemplated, the Company shall maintain, at its expense, the renewed crossing proper; and the City shall maintain, at its expense, the street up to the ends of the track ties and provide replacement components of the rubber crossing materials in the future. Such maintenance obligation shall conform to State law governing same as it shall be from time to time in the future. SECTION 4. The City will require all contractors performing work on _ or adjacent to the Company's right of way to furnish to the Company a Railroad Protective Liability Insurance Policy and to carry Public Liability and Prop- __„ r--.— Anrh as nrecified in the Federal Aid Highway Program -3- General Liability - Insurance Personal Injury - $500,000/Person; $1,000,000/Occurrence Property Damage - $500,000/Occurrence; $1,000,000/Aggregate Workmen's Compensation Employee Injuries - Statutory Employer's Liability - $100,000 Evidence of said insurance coverage shall be furnished to the Company for approval, and no work shall be performed nor shall the City's con- tractor be permitted to enter upon the Company's right of way until insurance coverage has been approved by the Company. SECTION 5. This Agreement shall become effective upon execution by both parties hereto and shall be binding upon the parties, their successors or assigns. IN WITNESS WHEREOF, the parties have caused these presents to be executed in duplicate counterparts, each of which shall be considered as an original, as of the dates below indicated. CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY By Date ATTEST: CITY OF SHAKOPEE, MINNESOTA By Date MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Agreement with Scott-Carver-Dakota Community Action Agency, Inc. DATE: July 8, 1987 Introduction On May 19, 1987 Council moved to approve a request from the Scott-Carver-Dakota tion Agecy, Inc. to - site ofarthe Eagle a Creek TownCounityACHall andn carpet the iImpove the nteriOr and blacktop the parking lot; and that the City would contribute up to $1,000 for the blacktopping of the parking lot. Background If you will recall, the Scott-Carver-Dakota Community Action Agency, Inc. was asking for permission to carpet the Eagle Creek Town Hall and blacktop the parking lot at a cost of $2,000 and $2,500 respectively. They were requesting that the City contribute $1,000 towards the blacktopping to come out of the City budget which $1,000 was allocated for Curbing and maintanence of the building. They also were expressing concern regarding the continued use of the building and in their letter dated May 11, 1987 requested that the City reimburse the remaining $1,500 blacktopping cost at the rate. of $300 per year if the City discontinued the lease within the next five years. The City Attorney has prepared the attached lease amendment which amends the lease agreement dated October 9, 1983. In the lease agreement the City agrees to pay $1,000 towards the backtopping upon being billed by the Agency and provides for a reimbursement of the $1,500 at the rate of $300 per year should the lease be terminated by the City within the next five years. Alternatives _ I. Approve the execution of the Lease Amendment. 2• Amend the Lease Amendment. 3. Do not approve the Lease Amendment Recommendation Alternative No. 1, approve the Lease Amendment and authorize appropriate city Officials to execute same. Recommended Action Authorize the proper city officials to execute the Lease Amendment dated July 21, 1987 between the Scott-Carver-Dakota Community Action Agency, Inc. and the City of . amends a five year written lease dated OShakopee-, which ctober 4, ShakShak JSC/jms r LEASE AMENDMENT WHEREAS, on October 4, 1983, the City of Shakopee hereinafter called the "city" and the Scott-Carver-Dakota Community Action Agency, Inc. (formerly Scott-Carver Economic Council, Inc. ) hereinafter referred to as "the Agency" entered into a 5 year written lease for a City owned facility known as the Eagle Creek Town Hall with an option for one 5 year extension as provided for in the terms of said lease„and WHEREAS, the Agency has now be n in possession of said premises under the termsofsaid lease or some time and desires to upgrade the premises by carpe ing the store area and blacktopping the parking lot at a cc of $2, 000. 00 and $2, 500. 00 resp tively, and WHE AS, the City has b dgeted $1, 000. 00 towards the blacktoppi g and the Agency is to provide the balance of - $1,500. 00 f the blacktopping nd 2, 000 .00 for the carpeting and the Agency' s card of Director has authorized these expenditures contingent on the City pr viding the Agency with an agreement that the Cit would imburse the remaining $1,500.00 blacktopping cos at a ra of $300.00 per year for each year of a 5 year period ginnin with this agreement during which the - right to occupy the prem' es by the Agency has been terminated by the City as provide fo in the original lease of October 4, 1983 . THEREFORE, in con ideration of the foregoing and other good and valuable considerati n, the receipt of and the sufficiency of which the parties each ac nowledge, it is agreed: 1. That the: Agency will proceed to have the parking lot of the facility blacktopped in good and workmanlike manner, and will carpet the store area of the facility as above described and will complete both projects as oon as may be. 2. The City will upon be in billed by the Agency pay to the Agency the budgeted $1, 000. 00 abo referred to. 3. In the event the City terminates the Agency's right to occupy the premises any time during the 5 year period commencing with the date of this agreement, the City will reimburse the Agency at the rate of $300. 00 per year for any year of the 5 year period that the Agency is deprived of the use of the facility pursuant to a tion of the City as authorized in said agreement of October 4, 193. IT IS FURTHER AGREED by and between the parties hereto that this shall constitute an amendment to that certain Lease Agreement of October 4, 1983, which in all other respects not inconsistent herewith is confirmed and ratified. LEASE AMENDMENT WHEREAS, on October 4, 1983, the City of Shakopee hereinafter called the "city" and the Scott-Carver-Dakota Community Action Agency, Inc. (formerly Scott-Carver Economic Council, Inc. ) hereinafter referred to as "the Agency" entered into a 5 year written lease for a City owned facility known as the Eagle Creek Town Hall with an option for one 5 year extension as provided for in the terms of said lease, and WHEREAS, the Agency has now been in possession of said premises under the terms of said lease for some time and desires to upgrade the premises by carpeting the store area and blacktopping the parking lot at a cost of $2, 000. 00 and $2, 500.00 respectively, and WHEREAS, the City has budgeted $1, 000. 00 towards the blacktopping and the Agency is to provide the balance of $1,500. 00 for the blacktopping and 2,000. 00 for the carpeting and the Agency' s Board of Directors has authorized these expenditures contingent on the City providing the Agency with an agreement that the City would reimburse the remaining $1,500. 00 blacktopping cost at a rate of $300.00 per year for each year of a 5 year period beginning with this agreement during which the right to occupy the premises by the Agency has been terminated by the City as provided for in the original lease of October 4, 1983 . THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt of and the sufficiency of which the parties each acknowledge, it is agreed: 1. That the Agency will proceed to have the parking lot of the facility blacktopped in a good and workmanlike manner, and will carpet the store area of the facility as above described and will complete both projects as soon as may be. 2. The City will upon being billed by the Agency pay to the Agency the budgeted $1, 000. 00 above referred to. 3. In the event the City terminates the Agency' s right to occupy the premises any time during the 5 year period commencing with the date of this agreement, the City will reimburse the Agency at the rate of $300. 00 per year for any year of the 5 year period that the Agency is deprived of the use of the facility pursuant to action of the City as authorized in said agreement of October 4, 1983 . IT IS FURTHER AGREED by and between the parties hereto that this shall constitute an amendment to that certain Lease Agreement of October 4, 1983, which in all other respects not inconsistent herewith is confirmed and ratified. IN TESTIMONY WHEREOF the parties hereto have caused this agreement to be executed as of this _ day of 1987. CITY OF SHAKOPEE By Mayor By City Clerk By City Administrator SCOTT-CARVER-DAKOTA COMMUNITY ACTION - AGENCY, INC. By Its Executive Director By Chairman of the Board ?a .j MEMO TO: John K. Anderson, City Administrator `�v 'Wf6' � FROM: Judith S. Cox, City Clerk u RE: Vacation of Austin Street South of Davis Court DATE: July 10, 1987 Introduction On June 2, 1987, Council tabled the vacation of Austin Street South of Davis Court. All of the concerns involving the vacation have been addressed and thevacationresolution is in order for consideration. Background The proper hearings for the vacation of Austin Street have been held. Mr. Hauer has signed an agreement with the City to perform certain restoration work estimated at $2,651.00 and the City agreeing to perform certain restoration work estimated at $2,306.00. This apportionment of the restoration work was agreed to by both Mr. Hauer and the City at the June 2nd Council meeting. Mr. Hauer has also submitted a letter of credit in the amount of $2,820.00 (1258 of estimate) to insure completion Of the work. Mr. Hauer has also entered into an agreement with Mr. DuBois agreeing to: (1) removing the existing baracades from that part of the street to be vacated; (2) the relocation of trees presently located on the south end of that part of the dedicated street that is actually used and surfaced to a location within the vacated street as selected by Mr. DuBois; (3) the regrading and sloping of that part of the street to be vacated lying southerly and adjacent to the surface portion thereof in a manner and grade consistent with the existing grade on that part of Hauer's property lying adjacent thereto. It appears that everything is in order for Council' s consideration of the adoption of a resolution vacating Austin Street South of Davis Street. The attached resolution retains an easement over the easterly 50 feet of the 60 foot right-of-way as well as the northerly 20 feet of the 60 foot right-of-way for utilities as well as an easement over the westerly 4 feet of the easterly 15 feet of the vacated 60 foot right-o£-way for trail access. This adds 10 feet to Mr. DuBois property while retaining within that 10 feet a northerly 20 foot easement necessary for the existing gas main. This also places the easement for the trail access 11 feet westerly of Mr. Hauer's property. These were both discussed during the negotiations with staff regarding the vacation of Austin Street and the apportionment of the restoration work required. Alternatives 1. Adopt Res ution No. 2733 vacating Aus in Street. 2. Amend Resolu 'on No. 2733 vacting A tin Street. 3. Do not vacate A tin Street. Recommendation Alternative No. 1, adopt esolut' n No. 2733. Recommended Action 1. Offer Resolution No. 2733, A Resolution vacating Austin Street South of Davis /Court, According To The Plat of JEJ 2nd Addition To T City of Shakopee, Scott County, Minnesota, and move s adoption. 2. Move to authorize a d direct a appropriate City officials to execute an agr ement with W. James Hauer dated July 14, 1987 for the . re olution workwithin the vacated Austin Street. JSC/jms a/ C7 Lt% i Alternatives 1. Adopt Resolution No. 2733 vacating Austin Street. 2. Amend Resolution No. 2733 vacting Austin Street. 3 . Do not vacate Austin Street. Recommendation Alternative No. 1, adopt Resolution No. 2733. Recommended Action 1. Offer Resolution No. 2733, A Resolution Vacating Austin Street South of Davis Court, According To The Plat of JEJ 2nd Addition To The City of Shakopee, Scott County, Minnesota, and move its adoption. 2. Move to authorize and direct the appropriate City officials to execute an agreement with Mr. James Hauer dated July 14, 1987 for the . resolution work within the vacated Austin Street. JSC/jms 7 a, RESOLUTION NO. 2733 _ A RESOLUTION VACATING AUSTIN STREET SOUTH OF DAVIS COURT, ACCORDING TO THE PLAT OF JEJ 2ND ADDITION TO THE CITY OF SHAKOPEE, SCOTT COUNTY, MINNESOTA WHEREAS, it has been made to appear to the Shakopee City Council that that part of Austin Street lying south of Davis Court within the plat of JEJ 2nd Addition no longer serves any public interest or use save and except for the installation and maintenance of public utilities; and WHEREAS, a public hearing to consider said vacation was held in the Council Chambers of the City Hall in the City of Shakopee at 8:15 p.m. on May 5, 1987; and WHEREAS, two weeks' published notice has been given in the Shakopee Valley News and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, on the bulletin board in the Shakopee City Hall and on the bulletin board at the First National Bank of Shakopee; and WHEREAS, all persons desiring to be heard on the matter were heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest and serves no further public need as a street. 2 That part of Austin Street, dedicated to the Public in the plat of JEJ 2nd Addition lying Southerly of a line - extending from the Northeast corner of Lot 34, Block 2, JEJ and 2nd Addition to the Northwest corner of Lot 5, Block 1, Hauers 2nd Addition, Scott County, Minnesota be, and the same hereby is vacated. 3. That the City reserves, however, to the City of Shakopee its licensees and franchise holders a perpetual easement on, under and over the easterly 50 feet and the northerly 20 feet of said vacated street for utilities with the right to install, maintain, repair, lay and relay the utilities by the City, its _ franchisees and franchise holders: as well as a perpetual easement on, under and over the westerly 4 feet of the easterly 15 feet for trail access. ZnRe 7 a- 4. Aftetion of the R olution, the City Clerk shaltified copies hereof with the County Audinty Recorder € Scott County. Adopted i . Session f the City Concil of the City of Shakopee, Mld this 4th day of July, 1987. Mayor of the City of Shakopee ATTEST: City Clerk Approved as today of9g City Attorney 9 a, 4. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in Adj . Reg. Session of the City Concil of the City of Shakopee, Minnesota held this 14th day of July, 1987. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1987 City Attorney 51- AGREEMENT AGREEMENT This AGREEMENT, is made and entered this day of July, 1987, by and between Albert A. DuBois and Lorrie M. DuBois, husband and wife, hereafter "DuBois", and James Hauer, hereafter "Hauer" . WITNESSETH THE FOLLOWING RECITALS: WHEREAS, DuBois are the owners of Lot 34, Block 2 JEJ 2nd _. Addition, a duly recorded plat in the City of Shakopee, Scott County, Minnesota, and WHEREAS, Hauer is the owner of Lot 5, Block 1, Hauers 2nd Addition, a duly recorded plat in the City of Shakopee, Scott County, Minnesota, and WHEREAS, Austin Street, a city street dedicated to the JEJ 2nd Additon lies between the properties public in the plat of of DuBois and Hauer as above described, and s WHEREAS, the City of Shakopee believes that the following descibed portion of Austin Street serves no public purpose and that it is in the best interests of the City of vacate said i described portion; all pursuant to proceedings under Minn. Stat §412.851, to-wit: That part of Austin Street, dedicated to the Public in the plat of JEJ 2nd Addition. lying Southerly of a line extending -1 from the Northeast corner of Lot 34, Block Hauers 2, 1JEJ 2nd Addition to the Northwest corner of Lot 5, 2nd Addition, and ' d �covee, The desire of the City of Shakopee to vacate said WHEREAS, 2 portion of Austin Street is contingent upon certain improvements _i to be vacated and to adjoining being made to said property 9 utilities and that the City maintain certain easement rights to Minn. Stat. §160.29; all as set forth, (1) in pursuant attached Exhibit A, constituting a proposed Agreement between Hauer and said City relating to the improvements, and (2) in Resolution of the attached Exhibit B, constituting the proposed WHEREAS, DuBois and Hauer believe it to be in their respective beat interests that said vacation occur upon the terms and conditions of . said Exhibits A 6 B, and hereby desire to document their agreement as to the rights and obligations between themselves to effectuate said vacation proceeding. NOW, 'THEREFORE, in consideration of the following recitals and the mu ual promises, covenants and undertakings as hereafter set forth, t e parties agree as follows: 1. Hauer s 11, within ten (10) days after the execution hereof, enter int that certain Agreement with the City of Shakopee attached he eto as Exhibit A, the terms of which are deemed to be a part he of. Hauer mall agree therein to complete said improvements on or fore the 30th day of August, 1987 and designates and appoin s DuBois as third party beneficiaries of the mutual obligations o the thereto with all rights of enforcement associated the ew � h. 2. Hauer shall further ca se the following improvements to be performed in a good and w r anlike manner and within said time period upon the portion f A stin Street to be vacated, to- wit: (a) The removal of th existin barricades from that part of the street to a vacated; (b) The relocation f the trees p sently located on the South end of t at part of the dedicated street that is actually used and surfaced to a location within the vacated stree as selected by DuBois. (c) The re-grad ng and sloping of that part of the street to be vac/shed - lying Southerly. and adjacent to the surfaced portion thereof in a manner and grade consistent with the existing grade on that part of Hauer's property lying adjacent thereto. -2- WHEREAS, DuBois and Hauer believe it to be in their respective best interests that said vacation occur upon the terms and conditions of . said Exhibits A E B, and hereby desire to document their agreement as to the rights and obligations between themselves to effectuate said vacation proceeding. NOW, THEREFORE, in consideration of the following recitals and the mutual promises, covenants and undertakings as hereafter set forth, the parties agree as follows : 1. Hauer shall, within ten (10) days after the execution hereof, enter into that certain Agreement with the City of Shakopee attached hereto as Exhibit A, the terms of which are deemed to be a part hereof. Hauer shall agree therein to complete said improvements on or before the 30th day of August, 1987 and designates and appoints DuBois as third party beneficiaries of the mutual obligations of the parties thereto with all rights of enforcement associated therewith. 2. Hauer shall further cause the following improvements to be performed in a good and workmanlike manner and within said time period upon the portion of Austin Street to be vacated, to- wit: (a) The removal of the existing barricades from that part of the street to be vacated; (b) The relocation of the trees presently located on the South end of that part of the dedicated street that is actually used and surfaced to a location within the vacated street as selected by DuBois. ( c) The re-grading and sloping of that part of the street to be vacated lying Southerly and adjacent to the surfaced portion thereof in a manner and grade consistent with the existing grade on that part of Hauer's property lying adjacent thereto. -2- 3. The obligations of Hauer as hereinbefore set forth are expressly contingent upon : (1) the execution of the Agreement attached as Exhibit A by the City of Shakopee; and (2) the `s vacation of said street by the City of Shakopee in accordance with the proposed Resolution attached as Exhibit B. 4 . Upon full compliance with the obligations of Hauer, and the vacation of Austin Street as hereinbefore set forth, DuBois shall execute and record that certain Quit Claim Deed attached hereto and incorporated herein as Exhibit C; wherein they shall convey and quitclaim to Hauer all of their right title and interest acquired in that part of Austin Street through said vacation proceeding and as described in said Quit Claim Deed. 5. This Agreement constitutes the entire Agreement between the parties, shall inure to the benefit and be binding upon the parties and their successors and assigns and no modification hereof shall be made except by the written agreement of the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this g day of July, 1987. JAMES HAUER ALBERT A. DUBOIS and LORRIE M. ' DIIBOIS 9 es Hauer a A. 1 Z 6�, j orrle ols STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this aru day of -1,,y _, 1987, by James Hauer. Uk LL Votary ❑ CARVER COUNTY MY mmY�lm COU T M STATE OF MINNSOTA ) a/ )ss COUNTY OF CARVER - ) The foregoi instr ent was acknowledged before me this day of , 1987, by Albert A. DuBois and Lorrie M. DuBois, hush d nd wipe. Notary Public r�� wR_��AM J. PLATMo Romer Pu;V%Mea:2CpTA M �._ CARVCA COUaTY / OMIIRyR�pfpvi:.mW 'i -4- y` C STATE OF MINNSOTA ) )ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of ' 1987, by Albert A. DuBois and Lorrie M. ndand// buBois, husb wife. .GG�. Notary Public PILADO TAi7E::C�ARVL,-4 -4- -.� EXHIBIT A i J AGREEMENT WHEREAS, An Agreement has been made between the City of Shakopee and James Hauer and others relative to the vacation of part of Austin Street and Resolution 2733 vacating Austin Street south of Davis Court will be adopted and as J a result thereof this Agreement is made and entered into by and between the City of Shakopee, party of the first part,and James Hauer, party of the Second part, as '.i follows: i IN CONSIDERATION of good and valuable reciprocal promises,receipt and sufficiency A j of which both acknowledge, James Hauer, Party of the second part, as soon as may be, -� will furnish all materials and perform or will sub contract with others to perform and accomplish the following: 'f Remove 202 linear feet of curb Remove 500 square yards of pavement and base Restore topsoil and seed 0.20 acre Install one bulkhead Install 78 linear feet of curb and gutter All of said work to be done and performed in a good workmanlike manner and to i be paid for in due course according to the schedule hereto attached, marked Exhibit A and incorporated herein. The City of Shakopee, party of the first part, will perform and do or cause to be done the following:. Remove one catch basin :i Remove 8 linear feet of 12 inch reinforced concrete pipe i Install one basin Furnish and lay 16 ton of bituminous patching Will remove and replace CB Casting with MH casting Adjust G. V. Boxes IT IS MUTUALLY AGREED That all work will be done pursuant hereto and must be completed by both parties by the day of 1987,unless this date is adjusted by mutual agreement. IN TESTIMONY WHEREOF the City of Shakopee has caused t s Agreement to be signed in its behalf by City Admin' rator and City Clerk and Ja s Hauer has hereunto affixed his hand this day of 1987. THE CITY SHAKOPEE B City Administrator By ty Clerk James Ha er IN TESTIMONY WHEREOF the City of Shakopee has caused this Agreement to be signed in its behalf by City Administrator and City Clerk and James Hauer has hereunto affixed his hand this day of 1981. THE CITY OF SHAKOPEE By City Administrator By City Clerk James Hauer / v 9cx� AUSTIR STREET VACATION MAY 27, 1987 C.O. ITEM UNITS UNIT PRICE UNIT PRICE TOTAL I Remove Catch Basins I Ea. $150.00 $250.00 $150.00 2 Remove 12" RLP 8 L.F. $7.00 $6.00 $56.00 ' 3 Remove Curb 202 L.F. $2.50 $1.50 $505.00 4 Remove Pavement 6 Base . 5001S.Y. $1.50 $1.50 $750.00 5 Install LP Catch Basin 1 EA. $1,200.00 $700.00 $1,200.00 6 12' RCP N/A 7 Class 5 N/A Use Salvaged Cl. 5 8 2341 Bit. Patching 16 TON ' $50.00 $50.00 $800.00 9 Restoration (Topsoil k Seed) 0.2 Acre $4,000.00 $4,000.00 $800.00 '10 Install Bulkhead 1 EA. $50.00 $0.4'� 'Al R&R CB Casting w/MH 1 EA. By City Forces Casting 12 Adjust S.V. Boz 2 EA. $50.00 �c'S•�' _13 Install Curb & Butter 78 L.F. $7.00 $4.79 $546.00 $4,807.00 EXHIBIT A RESOLUTION NO. 2733 A RESOLUTION VACATING AUSTIN STREET SOUTH OF DAVIS COURT, ACCORDING TO THE PLAT OF JEJ 2ND ADDITION TO THE CITY OF SHAKOPEE, SCOTT COUNTY, MINNESOTA WHEREAS, it has been made to appear to th Shakopee City Council that tha part of Austin Street lying south of Davis Court within the Xlat of JEJ 2nd Addition no onger serves any public interest or a save and except for th installation and maintenance of public tilities; and WHEREAS, a public h ring to consider s d vacation was held _ in the Council Chambers o the City Hall in he City of Shakopee at 8: 15 p.m. on May 5, 1987, and WHEREAS, two weeks ' pub ' shed noti a has been given in the Shakopee Valley News and posted otice h s been given by posting such notice on the bulletin boa on t e main .floor of the Scott . County Courthouse, on the bullets g b and in the Shakopee City (f Hall and on the bulletin boar a the First National Bank of Shakopee; and WHEREAS, all persons desiring o e heard on the matter were heard at the public hearing in t Co cil Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESO ED BY T CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That it finds and determines that t e vacation herein- " after described is in the public inte st and serves no further public need as a street, 2. That all that part of Austin Street ing south of Davis Court lying within JEJ 2nd Add' ion, Scott County, Minnesota be, and the .same hereby is vacated. 3. That the City reserves, however, to the ity of . Shakopee its licensees and franchise hol rs a perpetual easement on, finder and over the easterly 50 feet and the northerly 20 feet of said vacated street for utilities with the right to install, maintain, repair, lay and relay the utilities by the City, its franchisees and franchise holders; as well as a perpetual easement on, under and over the westerly 4 feet of the easterly 15 feet for trail access. 4. After the adoption of the Resolution, the City Clerk shall file certified_ copies hereof with the County Auditor and County Recorder of Scott County. i PXHMIr B y' RESOLUTION NO. 2733 A RESOLUTION VACATING AUSTIN STREET SOUTH OF DAVIS COURT, ACCORDING TO THE PLAT OF JEJ 2ND ADDITION TO THE CITY OF SHAKOPEE, SCOTT COUNTY, MINNESOTA WHEREAS, it has been made to appear to the Shakopee City Council that that part of Austin Street lying south of Davis Court within the plat of JEJ 2nd Addition no longer serves any `.j public interest or use save and except for the installation and maintenance of public utilities; and WHEREAS, a public hearing to consider said vacation was held in the Council Chambers of the City Hall in the City of Shakopee at 8:15 p.m. on May 5, 1987 ; and WHEREAS, two weeks ' published notice has been given in the Shakopee Valley News and posted notice has been - given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, on the bulleting board in the Shakopee City r5 Hall and on the bulletin board at the First National Bank of - � Shakopee; and WHEREAS, all persons desiring to be heard on the matter were heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 That it finds and determines that the vacation herein- after described is in the public interest and serves no further public need as a street, 2. That all that part of Austin Street lying south of Davis Court lying within JEJ 2nd Addition, Scott County, Minnesota be, and the same hereby is vacated. 3. That the City reserves, however, to the . City of Shakopee its licensees and franchise holders a perpetual easement on, under and over the easterly 50 feet and the northerly 20 feet of said vacated street for utilities with the right to install, maintain, repair, lay and relay the utilities by the City, its -franchisees and franchise holders; as well as a perpetual easement on, under and over the westerly 4 feet of the easterly 15 feet for trail access. 4. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. +' ixbiBrr c9 Individuals) to Individual- - - FORM N0. 27—M - QUIT CLAIM DEED No delinquent taxes and transfer entered: Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. , the , 19_• STATE DEED TAX DUE County Auditor HEREON: $1. 65 Dated: , 1987 - by Deputy FOR VALUABLE CONSIDERATION, Albert A. DuBois and Lorrie M. DuBois, husband and wife + Grantor s , ereby convey ff and quit claimg, to mes Hauer Grantee r , real property in Scott County, Minnesota, described as follows: The Easterly fifteen (15) feet of that part of Austin Street dedicated to the public in the plat of JEJ 2nd Addition and vacated in that certain Resolution tof the he day City Council, Shakopee, Minnesota dated 1987 and recorded in the Of ice o the Scott County Recorder on the day of , 1987 as Document No. together with all hereditaments and appurtenances belonging thereto. The consideration for the conveyance herein is less than Five Hundred Dollars ($500.00) - Affix Deed Stamps Here - Al ert A. uBois - orr a M. ois STATE OF MINNESOTA) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged bbbeforre me this day of , 19 87 , by ran or s . ois husband and wife rip M. MIROJS , Notary Public THIS INSTRUMENT DRAFTED BY: Tax statements for the real :1 property described in this William J. Platto - Inatrument should be sent to: PLATTO & ASSOCIATES 218 Pine Street James Hauer P.O. Box 257 1933 Eagle Creek Blvd. Chaska, Minnesota 55 Shakopee, Minnesota 55379 (612)448-2005 - THIS II.STRUMENT WAS DRAFTED BY: Tax statements for the real p property described in this William J. Platto - instrument should be sent to: PLATTO 6 ASSOCIATES 218 Pine Street James Hauer P.O. Box 257 1933 Eagle Creek Blvd. Chaska, Minnesota 55318 Shakopee, Minnesota 55379 (612)448-2005 6 Platto & Associates 9 Attorneys at Law 218 Pine Street P.O. Bos 257 Chaska, Minnesota 55318 William 1. Platto Telephone Nancy C. Platto July 8, 1987 612-448-2005 Ms. Judy Cox Clerk, City of Shakopee Shakopee City Hall Shakopee, Minnesota 55379 RE: Austin Street Vacation Interested parties: 1. Albert and Lorrie DuBois: Lot 34, Block 2, JEJ 2nd Addition. 2. James Hauer: Lot 5, Block 1, Hauer Second Addition Dear Ms. Cox: -- -- I wish to advise you that the Agreement between the above named parties has now been finalized. I am enclosing a photocopy thereof with appropriate Exhibits for your records. It is my feeling that the description for that part of the street to be vacated should be changed from that used in your proposed Resolution. I believe that the description set forth in the fourth Whereas clause on Page 1 0£ the DuBois/Hauer Agreement is more exact and should be utilized. Please review the description and the enclosed Agreement. If you feel that any changes need to be made please contact me immediately. If not, I would appreciate it if you would revise the description in your Resolution and cause the execution of the Hauer/City of Shakopee Agreement and the passage, execution and recording of the vacation Resolution. Upon completion, I would appreciate it if you would forward a photocopy of the Agreement and the recorded vacation. I will also want to be notified by the City when it feels that Mr. Hauer and the City have performed the improvement obligations pursuant to the Agreement. At that time I will confer with my clients, and if everything is found acceptable, we will execute and deliver the Quit Claim Deed to Mr. Hauer. I will provide you with documentation thereof. If you have any questions concerning this matter please feel free to contact me. rIECEIVED Very= truly JUL 91987 WJP:ba 611YOFSHAKOPF-EWilliam J. latto enclosure cc: Albert and Lorrie DuBois James Hauer MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Vacation of Austin Street DATE: July 10, 1987 INTRODUCTION At their meeting on July 9, 1987, the Planning Commission approved a Conditional Use Permit allowing James Hauer to move a dwelling onto Lot 5, Block 1, Hauer's 2nd Addition subject to conditions. BACKGROUND The Planning Commission received a Conditional Use Permit Application from James Hauertomove a house onto Lot 5, Block 1, Hauer's 2nd Addition which abuts Austin Street. In order for the home to meet the City Code requirements for setback, Austin Street must be vacated. The Planning Commission approved the Conditional Use Permit subject to final vacation of Austin Street and the signing of all appropriate documents. DKW:cah MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer Odl SUBJECT: 1987 Pavement Preservation Program DATE: July 9, 1987 INTRODUCTION: Bids have been received for the 1987 Pavement Preservation Program consisting of two projects; one project for sealcoating and the other for thin lift overlays. BACKGROUND: The attached Resolution No. 2754 indicates the bidders for the sealcoat project. The low bidder was Allied Blacktop Company with a low bid of $49,308.18. Allied did our sealcoating last year and did a good job. Note that the bid is excellent compared to the next two bidders. The attached Resolution NO. 2753 indicates the bidders for the overlay project. The low bidder was Plehal Blacktopping with a low bid of $39, .978.75 . This year we included pavement profiling along the curb & gutter. Since Plehal just invested in a small profiler, we received excellent prices on the profiling portion of the project. Pavement Preservation Budget Summary There is a $130 , 000 . 00 budget item for the 1987 Pavement Preservation Program. We expect an expenditure of approximately $4 ,000 .00 for the City cost associated with the Austin Street vacation. We attempted to restrict the preservationarea and structure the bid such that the projects would closely reflect the budget amount. The identified costs to this point are as follows: Austin Street $ 4,000.00 t Sealcoating - $49,000.00 t Overlayments $40,000.00 t TOTAL $93,000.00 Based upon the excellent bids received, it is the opinion of myself and Jim Karkanen that the projects be expanded to make full use of the amount of the budget. If Council agrees with that opinion, it should be anticipated that a change order will be forth coming to reflect the expanded project• z 7 ,4 Pavement Preservation July 9 , 1987 Page 2 RECOMMENDATION: 1 . Offer Resolution No. 2 3, A Reso tion Accepting Bid on the 1987 Pavement Prese rvati Pro am - Overlay , Project No. 1987-11 and move its adopt n. 2. Offer Resolution No. 2754, solution Accepting Bid on the 1987 Pavement Preservat! n Pro am - Sealcoat, Project No. 1987-10 and move its a ption. KA/pmp PAVEMENT 2 1 ,6 Pavement Preservation July 9 , 1987 Page 2 RECOMMENDATION: 1 . Offer Resolution No. 2753, A Resolution Accepting Bid on the 1987 Pavement Preservation Program - Overlay, Project No. 1987-11 and move its adoption. 2. Offer Resolution No. 2754, A Resolution Accepting Bid on the 1987 Pavement Preservation Program - Sealcoat, Project No. 1987-10 and move its adoption. KA/pmp PAVEMENT RESOLUTION N0. 2753 A Resolution Accepting Bid On the 1987 Pavement Preservation Program Overlay Project No. 1987-11 WHEREAS, pursuant to an advertisement for bids for the 1987 Pavement Preservation Program - Overlay , bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Plehal Blacktopping, Inc. $39,978.75 Hardrives, Inc. - $42,308.75 Valley Paving, Inc. $42,742.50 AND WHEREAS, it appears that Plehal Blacktopping, Inc. , 3460 W . 130th Street , 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 Plehal Blacktopping, Inc. , in the name of the City of Shakopee for the improvement of the 1987 Pavement Preservation Program - Overlay by roadway improvement, 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 9 `60A C- RESOLUTION NO. 2754 A Resolution Accepting Bid On the 1987 Pavement Preservation Program Sealcoat Project No. 1987-10 WHEREAS, pursuant to an advertisement for bids for the 1987 Pavement Preservation Program - Sealcoat , bids were received, opened and tabulated according to law, and the following bids were received omplying with t/dementa Allied Blac top Company9,308. 18 Bituminous R dways7,252.56 Astech Corp. 7,650.78 AND WHEREAS, it pears tlacktop Company, 10503 89th Avenue N. Maple 55369 is the lowest responsible bidder. NOW, THEREFORE, BE REHE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA I . The Mayor and City Clerk are hereby authorized and directed to enter into a co tr ct with Allied Blacktop Company, in the name of the City o Sha pee for the improvement of the 1987 Pavement Preservat -on Pr gram - Sealcoat by roadway improvement, according t the pla and specifications therefore approved by the City Co ncil and o file in the office of the City Clerk. 2. The City C erk is hereby a thorized and directed to return forthwith to all bidders the d osits made with their bids, except thathe deposits of the s cessful bidder and the next lowest biddeshall be retained unti a contract has been signed. Adopted in session of he 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 t9_• City Attorney u G RESOLUTION NO. 2754 A Resolution Accepting Bid On the 1987 Pavement Preservation Program Sealcoat Project No. 1987-10 WHEREAS, pursuant to an advertisement for bids for the 1987 Pavement Preservation Program - Sealcoat , bids were received , opened and tabulated according to law, and the following bids were received complying with the advertisement: Allied Blacktop Company $49,308.18 Bituminous Roadways $67,252.56 Astech Corp. $67 ,650.78 AND WHEREAS, it appears that Allied Blacktop Company, 10503 89th Avenue N . , Maple Grove , MN 55369 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY IHE 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 Allied Blacktop Company, in the name of the City of Shakopee for the improvement of the 1987 Pavement Preservation Program - Sealcoat by roadway improvement, 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 1 °_ Mayor of the City or Shakopee ATTEST: City Clerk Approved as to form this day of 19—. City Attorney RESOLUTION NO. 2752 ✓� A RESOLUTION APPORTIONING ASSESSMENT AMONG NEW PARCELS CREATED AS A RESULT OF THE SUBDIVISION OF EAGLE CREEK JUNCTION IST ADDITION WHEREAS, October 6, 1981 Resolution No. 1925 adopted by the City Council levied assessments against properties benefited by construction of the 1980-4 CR-16 Utilities Improvement Project, and WHEREAS, the Eagle Creek Town Board levied assessments against properties benefited by the 1966-1 sanitary sewer and water improvements prior to annexation to the City of Shakopee, and WHEREAS, the developer of Eagle Creek Junction 1st Addition agreed to the apportionment of the 1986 payable remaining balance of assessments as outlined in the developers agreement for said plat dated August 6, 1985, and WHEREAS, the 1987 payable assessments were certified to the County Auditor on October 10, 1987 thereby reducing the remaining assessments due the City Treasurer, and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid among the newly created parcels, and WHEREAS, the property owners involved have been notified of this proposed action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE: 1. That the 1987 payable remaining balance of assessments to the following parcels is: 66-1 Water 80-4 CR-16 Parcel No. and San. Sewer Utilities 27-906024-0 P/0 Outlot A $54.64 $ 128.38 27-906024-1 P/0 Outlot A 57.65 78.68 27-906026-0 11.28 acres --- 37,718.52 1551 F.F. 27-906026-1 2.2 acres --- 5,746.20 235 F.F. + 3.55 acres and is hereby apportioned as follows: y '-'61 66-1 Water 80-4 CR-16 Legal San. Sever Utilities Parcel No. Name/Address Description Code 13 Code 53 27-128001-0 INCA Development Lot 1, Block 1 --- $1,732.54 108 So. Fuller 27-128002-0 INCA Development Lot 2, Blopk 1 --- 1,732.54 108 So. Fuller 27-128003-0 INCA Development Lot 3, ock 1 --- 1,732.54 108 So. Fuller 27-128004-0 INCA Development Lot , Block 1 --- 1,732.54 108 So. Fuller 27-12 5-0 INCA Development t 5, Block 1 --- 1,732.54 108 So. Fuller 27-128006-0 INCA Developme t Lot 6, Block 1 --- 1,732.54 108 So. Fulls 27-128007-0 IN Develo ment 2.8 Ac of $57.65 78.68 CD . Oli a Outlot A Luthe hutch 911 E. opee Avenue 27-128008-0 INCA Develop nt 15.25 Ac of 54.64 33,197.88 108 So. Fulle Outlot A 2. That all other pa is of Resoluti No. 1925 shall continue in effect. Adopted in sessi of the City Council of the City of Shakopee, Minnesota, held this day of , 1987. Mayor o the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1 1987. City Attorney 66-1 Water 80-4 CR-16 Legal San. Sewer Utilities Parcel No. Name/Address Description Code 13 Code 53 27-128001-0 INCA Development Lot 1, Block 1 --- $1,732.54 108 So. Fuller 27-128002-0 INCA Development Lot 2, Block 1 --- 1,732.54 108 So. Fuller 27-128003-0 INCA Development Lot 3, Block 1 --- 1,732.54 108 So. Fuller 27-128004-0 INCA Development Lot 4, Block 1 --- 1,732.54 108 So. Fuller _ 27-128005-0 INCA Development Lot 5, Block 1 --- 1,732.54 108 So. Fuller 27-128006-0 INCA Development Lot 6, Block 1 --- 1,732.54 108 So. Fuller 27-128007-0 INCA Development 2.8 Ac of $57.65 78.68 CD Mt. Olive Outlot A Lutheran Church 911 E. Shakopee Avenue 27-128008-0 INCA Development 15.25 Ac of 54.64 33,197.88 108 So. Fuller Outlot A 2. That all other parts of Resolution No. 1925 shall continue in effect. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1987. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1987. City Attorney MEMO TO: John R. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Apportionment of Special Assessments Against Eagle Creek Junction 1st Addition DATE: July 8, 1987 Introduction The attached resolution apportions the special assessments against the lots within Eagle Creek Junction let Addition. Background During the platting of Eagle Creek Junction 1st Addition, the developer agreed to the apportionment of the existing special assessments against the new lots being created with the new plat. The agreed upon apportionment contained in the developers agreement has been reduced as a result of the certification of the special assessments on October 10th of 1986 and subsequently paid with the taxes due in 1987. The apportionment of the special assessments in the attached resolution reflects that decrease. The original apportionment in the developers agreement was based on the size of the lots. The apportionment contained in the attached resolution is not based on the size of the lots but is instead an equal amount for each lot, with the exception of the large outlot. Mr. Laurent, developer, was advised of the change in calculating the apportionment. He has no problem with the apportionment of the special assessments as outlined in the prepared resolution. Alternatives 1. Adopt the resolution as drafted. 2. Amend the resolution. Recommendation Alternative No. 1, adopt resolution as drafted. Recommended Action Offer Resolution No. 2752, A Resolution Apportioning Assessments Among New Parcels Created As A Result Of The Subdivision Of Eagle Creek Junction 1st Addition, and move its adoption. JSC/jms RESOLUTION N0. 2752 A RESOLUTION APPORTIONING ASSESSMENT AMONG NEW PARCELS CREATED AS A RESULT OF THE SUBDMSION OF EAGLE CREEK JUNCTION 1ST ADDITION WHEREAS, October 6, 1981 Resolution No. 1925 adopte by the City Council levied assessments against properties benefited by const action of the 1980-4 CR-16 U lities Improvement Project, and W:;A , the Eagle Creek Town Board levied ass sments against properties benefited`.,by the 1966-1 sanitary sewer and w ter improvements prior to annexation to the City of Shakopee, and WHEREAS, the developer of Eagle Creek J tion 1st Addition agreed to the apportionment of the 1986 payable remaining b ance o£ assessments as outlined in the developers agreement for said plat d ed August 6, 1985, and WHEREAS, the 1987 payable assessmentswere certified to the County Auditor on October 10, 1987 ther y reducing tpe remaining assessments due the City Treasurer, and I WHEREAS, it is the des' a of the City Council to apportion the installments remaining unpaid amon the newly created parcels, and WHEREAS, the property owner invo d have been notified of this proposed action. NOW, THEREFORE, BE IT' RESOLVED BY CITY COUNCIL OF THE CITY OF SHAKOPEE: 1. That the 1987 payable remaining balance of a essments to the following parcels is: 66-1 Water -4 CR-16 Parcel No. and San. Sewer Ut ities 27-906024-0 P/0 Outlot A $54.64 $ 1 8.38 27-906024-1 P/0 Outlot A 57.65 78. 8 27-906026-0 11.28 acres --- 37,718.5 1551 F.F. 27-906026-1 2.2 acres --- 5,746.20 235 F.F. + 3.55 acres and is hereby apportioned as follows: RESOLUTION N0. 2752 A RESOLUTION APPORTIONING ASSESSMENT AMONG NEW PARCELS CREATED AS A RESULT OF THE SUBDIVISION OF EAGLE CREEK JUNCTION 1ST ADDITION WHEREAS, October 6, 1981 Resolution No. 1925 adopted by the City Council levied assessments against properties benefited by construction of the 1980-4 CR-16 Utilities Improvement Project, and WHEREAS, the Eagle Creek Town Board levied assessments against properties benefited by the 1966-1 sanitary sewer and water improvements prior to annexation to the City of Shakopee, and WHEREAS, the developer of Eagle Creek Junction 1st Addition agreed to the apportionment of the 1986 payable remaining balance of assessments as outlined in the developers agreement for said plat dated August 6, 1985, and WHEREAS, the 1987 payable assessments were certified to the County Auditor on October 10, 1987 thereby reducing the remaining assessments due the City Treasurer, and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid among the newly created parcels, and WHEREAS, the property owners involved have been notified of this proposed action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE: 1. That the 1987 payable remaining balance of assessments to the following parcels is: 66-1 Water 80-4 CR-16 Parcel No. and San. Sewer Utilities 27-906024-0 P/O Outlot A $54.64 $ 128.38 27-906024-1 P/O Outlot A 57.65 78.68 27-906026-0 11.28 acres --- 37,718.52 1551 F.F. 27-906026-1 2.2 acres --- 5,746.20 235 F.F. + 3.55 acres and is hereby apportioned as follows: 66-1 Water 80-4 CR-16 Legal San. Sewer Utilities Parcel No. Name/Address Description Code 13 Code 53 27-128001-0 INCA Development Lot 1, Block 1 --- $1,732.54 108 So. Fuller 27-128002-0 INCA Development Lot 2, Block 1 --- 1,732.54 108 So. Fuller 27-128003-0 INCA Development Lot 3, Block 1 --- 1,732.54 108 So. Fuller 27-128004-0 INCA Development Lot 4, Block 1 --- 1,732.54 108 So. Fuller 27-128005-0 INCA Development Lot 5, Block 1 --- 1,732.54 108 So. Fuller 27-128006-0 INCA Development Lot 6, Block 1 --- 1,732.54 108 So. Fuller 27-128007-0 INCA Development 2.8 Ac of r--T� CD Mt. Olive Outlot A Lutheran Church ,, _ S ,-(r, f0 �p> 911 E. Shakopee Avenue 27-128008-0 INCA Development 15.25 Ac of 108 So. Fuller Outlot A 2. That all other parts of Resolution No. 1925 shall continue in effect. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1987. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1987. - City Attorney MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk 01C -- 1`-�' RE: Amending city Code Relating) To The Community Recreation Board DATE: July 8, 1987 Introduction On May 19, 1987 Council authorized the execution of an agreement between the City of Shakopee and Independent School District No. 720 concerning the operation of a jointly sponsored recreation program. The attached ordinance makes minor changes to the City er Code making it consistant with the amended agreement. Background The amended agreement between the City of Shakopee and the School District did among other things change the name of Shakopee Community Services to Community Recreation Board and decreased om seven members to six members, and the board membership fr meetings. The attached ordinance provides for monthly incorporates these changes. 3 3 Alternatives 1. Adopt ordinance No. 220. 's f 2. Do Not adopt Ordinance No. 220. 1 'e Recommendation t3 i Alternative No. 1, adopt Ordinance No. 220. Recommended Action I Offer ordinance No. 220, An Ordinance of the City of Shakopee, i Minnesota, Amending the Shakopee City Code Chapter 2 Entitled "Administration and General Government" By Striking the Title Sec 2.51 and Replacing with a New Sec 2.51 "Community Recreation i Board" ; by Repealing Subd 1 A and Adopting abyeStrikinubd g theand by words i adding an Additional Provision to Subd 1 B; b Adopting by "Community Service" from Sec 2.51 Sub d 2; y Reference Reference Shakopee City Code Chapter 1 and Adopting by Sec 2.99 which among other things contain penalty provisions, and move its adoption. 1 JSC/jms ORDINANCE NO. 220 Fourth Series An Ordinance of the City of Shakopee, Minnesota, Amending the Shakopee City Code Chapter etri2 enking titled" Administle Sec tration and General government" BY 51 and Replacing with a new Sec 2.51 "Community Recreation Board" ; by Repea in Subd 1 A and Adopting a New Subd I A and dng tby adding a itional Pro romion tSec�a51 Subd 2; by Adopting words "CO unit y by Referenc Shakopee City Code Ch ter 1 and Adopting by Reference Sec 2.99 which among Ot r things contain penalty provisions. THE CITY COUNCIL OF S OPEF, MINNES A, ORDAINS: SECTION I: Repeal Title to Sec 2. 1 CO nity Service Board is repealed. Sec 2.51 Subd 1 A i /repealed. SECTION II: New title Adopted New title for Sec 2.51 hall be "community Recreation Board" SECTION III: A New Sec 2. 51 Subd 1 A ' s hereby adopted as follows• The Establishment and COmpOSI ion of the Board A. There is hereby created Community Recreation Board for the City, pursuant to the authori given by Chapter 233 , Laws of 1937, and MSA 471.59, under whic the power of the City and the School Board to operate a program of ,, recreation may be delegated to/such a Board. The Board shall consist Of six members, composed as follows: a member of the Shakopee City Council, a member of the School Board, and four citizen members, two of whom shall be appointed by the Shakopee City Council and two by the School Board and all shall serve a minimum of two years and until their succesors are appointed and qualified. The ORDINANCE 220 Fourth Series An Ordinance of the City of Shakopee, Minnesota, Amending ion the Shakopee City Code Chapter 2 g thelTitle�Sec12.51tand and General government" By Striking Replacing with a new Sec 2.51 "Community Recreation Board" ; by Repealing subd 1 A and Adopting a New Subd1 A andthe by adding an Additional provision to Subd 1 B. Adopting king words "Community Service" from Sec 2.51 Subd 2; by by Reference Shakopee City Code Chapter 1 and Adopting by among other things contain penalty Reference Sec 2.99 which provisions. THE CITY COUNCIL OF SBAKOPEE, MINNESOTA, ORDAINS: SECTION I: Repeal Title to Sec 2.51 Community Service Board is repealed. Sec 2.51 Subd 1 A is repealed. SECTION II• New title Adopted New title for Sec 2.51 shall be "Community Recreation Board" SECTION III: A New Sec 2.51 Subd 1 A is hereb ado ted as follows• The Establishment and Composition of the Board A. There is hereby created a Community Recreation Board for the City, pursuant to the authority given by Chapter 233 , Laws of 1937, and MSA 471.59, under which the power of the City and the School Board to operate a program of recreation may be delegated to such a Board. The Board shall consist of six members, composed as follows: a member of the Shakopee City Council, a member of the School Board, and four citizen members, two of whom shall be appointed by the Shakopee City Council and two by the School Board and all shall serve a minimum of two years and until their succesors are appointed and qualified. The Board shall also include the City Administrator and the Superintendent of Schools as ex officio (non voting) members of the Board. Citizen members of the Board shall hold no other office except that of notary public. B. Sec 2.51 Subd 1 B shall be amended by adding the following provision: "The Board shall meet monthly" . C. Sec. 2.51 Subd. 2 B shall be amended by striking the words "Community Service" therefrom. SECTION IV: General provisions adopted Shakopee City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code including Penalty for violations" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. SECTION V: When in force and effect After the adoption, signing and attestation of this Ordinance it shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the date following such publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1987. Mayor of the City of Shakopee ATTEST: City Clerk Prepared and approved as to form this 18th day of June, 1987. City Attorney - _