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HomeMy WebLinkAbout05/17/1988 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-Agenda -Informational Items DATE: May 13, 1988 1. Attached are two articles from the Chamber of Commerce May newsletter. One is about the two new billboards advertising "Shakopee Tonight" and featuring the four hotels in the CVB, and the other is about Derby Days. 2. Attached is a copy of the Minnesota Police Recruitment System First Quarter Newsletter. 3. Attached is a copy of Ehlers and Associates, Inc. bi-monthly newsletter. 4. Attached is a copy of the Engineering Department' s monthly report for April. 5. Attached is a copy of the Revenue and Expenditure Report as of April 30, 1988. 6. Attached is a copy of the Building Activity Report for April, 1988. 7. Attached are the April 13, 1988 minutes of the Downtown Ad Hoc Committee. 8. Attached are the April 14, 1988 minutes of the Energy and Transportation Committee. JKA/jms SHAKOPEE AREA CHAMBER OF COMMERCE City Parlour, Lee Hennen-Capesius Insurance GENERAL MEMBERSHIP MEETING Agency, Pete Samos-Cy's Amaco and Frank Reid- Anchor Glass who gave short talks about their The General meeting was called to order at companies. 12:20 p.m, at the K.C. Hall with 84 in attendance. The program for the day consisted of Bruce Owen from the Great North American History Membership p1rques were presented to the Theater. He presented a one man skit portray- following: Mary Sullivan, Gary Ribs and Beth ing an illiterate person and the difficulties Riebel of State Farm Ins. Ed Bounds, Taco he encountered in his daily routine. The John's, was not present to receive their show stressed how important it is to help plaque. adults become literate. Theresa Roehrick gave a report on recent The next General meeting is scheduled for activities at the Chamber office. Sept. 21. Don Mertz presented a run down on the program The meeting adjourned at 1:30 p.m. " and advertising opportunities for the upcoming Derby Days Celebration. He encouraged business people to participate in advertising ✓ DID YOU SEE OUR NEW BILLBOARDS? in a coupon book of which 22,000 copies will be printed. Advertising in the local area Shakopee is in the limelight again, or should newspapers and the book will cost $375. we say floodlight! 1,000 Derbys will also be sold @ $3 each. As of April 15 the GVB has begun an outdoor Marilyn Hagerman, Chair of the GVB showed advertising campaign through Naegele the audience the marketing award that was Advertising. Currently there are two bill- received as a result of the 1987 Media Day boards up advertising "Shakopee Tonight" and and which was presented at the State Tourism featuring the four hotels in the CVB. One Conference. She encouraged members to pick billboard can be seen on 169 northbound just up the new revised brochure to send to friends a mile before Shakopee. The other is on and relatives. She also told the group that 35W northbound before the Burnsville exit. Joint Venture Funds from the State in the amount of $4,000 has been approved to produce The GVB hopes to attract the traveler and a video on the attractions, lodging, dining vacationer who waits until closer to their and other points of interest in the community, destination to find accomodations. Bill- boards are very effective at reaching this Noreen Rachor announced that the recent mobile audience. Dinner/Dance fund raiser was a success. About 250 people attended and had a great time besides Outdoor advertising is just one phase of raising about $2500 towards completion of the the CVB marketing plan for 1988. Watch for Chamber building. She thanked the Committee, more to come: those who bought and sold tickets, contributed prizes with special thanks to Carson City Parlour for donating the juke box and to Toro THANK YOU, THANK YOU, THANK YOU for donating a lawn mower and other large prizes. The event will probably be repeated Special thanks to: next year. . Travel Design for their donation of a An appeal was made by Brian Norris for funds calculator with tape. and new members for the Transportation Coalition. The Coalition's funds are almost . Theresia and Buck Brenke, McDonalds, for depleted and there is still much to be done, creating and putting up restroom signs in the Tourist Information Center. Tim Keane announced that another Business After Hours will be held Wed., May 11 at . Brad Flaagen, Casualty Assurance of Winners Night Club from 5-7:30 p.m. Shakopee for donating two fine office chairs. President Muenchow introduced representatives of four local businesses. Paul Harman- Carson CALENDAR OF EVENTS May 7 Mother's Day Celebration at Minnesota Zoo 11 Casserole and Salad Lunch - American Legion Club Rooms 11 a.m. - 1 p.m. 14 Fishing Widow's Day at Canterbury Downs - 1st race 1:30 p.m. Two women admitted for price of one 14-15, 21-22 Valleyfair Pepsi Preview Weekends 10 a.m. - 8 p.m. Open daily after May 22 $3 off regular admission w/newspaper coupon 20 Physics students make Valleyfair their classroom as they study principals of gravity, momentum, centrifical force, etc. as illustrated on the more than 2 dozen rides. 22 Tenth birthday party at Minnesota Zoo Live music, elephant rides & birthday cake 28,29,30 Murphy's Landing-Opening Weekend Eagle Creek Rendezvous 12 noon - 5 p.m. A re-creation of the fur trade gathering of the past 28 Valleyfair Memorial Day Grand Opening 10 a.m. - 8 p.m. Unveiling of new "Half Pint park" - Free ice cream social 11-5 30 Canterbury Downs - Free sports bag with all paid or pre-paid admissions - 1st race 1;30 Raceway Park - stock car races every Sunday night 7:00 p.m. plus Pepsi Enduro Series, May 30, 3 p.m. ph. 445-2257 Chanhassen Dinner Theater - open year around Tues.-Sun. Now showing - The Mystery of Edwin Brood, I Do! I DO!, Private Lives & The Middle Ages (closes May 8) ph. 934-1525 Little Six Bingo - open every day year around ph. 445-1002 Creative River Tours - open May to November-daily excursions-Charters day or night Ph. 445-7491 CALENDAR May 11 Video Committee - 8:00 a.m. Chamber Board of Directors - Chamber Building 12 noon Business After Hours - Winner's Night Club 5-7:30 p.m. 17 Convention/Visitors Bureau - Chamber office 8:00 a.m. MEET A NEW MEMBER...Edwin Bounds One of the newer businesses in town is Taco John's. Edwin Bounds is the owner. He and his wife, Amy, have three sons, Mathew, Aaron and Nathan. All three are tennis players. Ed has a BA degree in accounting. He has also worked in the banking business, as a stock broker and a real estate broker. He also plays tennis and golf and likes to hunt and fish. WELCOME TO THE CHAMBER! Shakopee Area v.S. Postage CHAMBER OF COMMERCE PAID 1801 Hwy 101 Shak.,ee, MN P.O. Box 203 5379 Permit No. 140 Shakopee, MN 55379 612-445-1660 John Anderson City Administrator 129 E 1st Ave. Shakopee, Mn. 55379 Y 914AWAPEE WIY4 0 DERBY DAYS PICKING UP MOMENTUM You will surely want to be in town during the weekend of June 25th and 26th. Shakopee Derby Days will have something for every member of your family to enjoy. Maybe its a nice early morning run? Or casually strolling the streets of Downtown Shakopee admiring fine arts and crafts? Or is it just relaxing on a sunny afternoon listening to music? Derby Days has it all and a whole lot more. Food, entertainment, death defying feats. GET INVOLVED. You can say you played a role in the biggest extravaganza to hit Shakopee in recent memory. plans are now underway to ensure that the first annual Shakopee Derby Days wows the local public. If you or your business would like to sponsor any of a number of events being planned, simply call Theresa Roerich or Barry Stock. We will also be in need of volunteers to assist us in various endeavors during our two day celebration. Local organizations are also welcome to participate. If you have an idea that might fit into our plans or are interested in more information, feel free to call. Barry Stock - 445-3650 Theresa Roerich - 445-1660 MINNESOTA POLICE RECRUITMENT SYSTEM 13911 RIDGEDALE DRIVE • MINNETONKA, MN 55343 SUITE 343 • PHONE (612) 542-9390 FIRST QUARTER NEWSLETTER JAY_ryo31988 The purpose of this Newsletter is to summarize for the Board of Directors s SNKOpEZ, major activities of the MPRS for the period between January 1 and March 31, 1988. Placements During the first quarter eighteen placements were made through the MPRS. Communities making such placements were Apple Valley, Bloomington, Brooklyn Center, Brooklyn Park, Chaska, Columbia Heights, Coon Rapids, Fridley, Lakeville, New Brighton, North St. Paul, Savage and Woodbury. In addition, at the and of the quarter ten communities were in the process of interviewing candidates for a total of twelve positions. On-Going Research For several years the MPRS has been conducting on-going research to improve the accuracy and usefulness of the System's scoring process. This process currently utilizes three combinations of test data, called "performance predictors", to predict different aspects of an applicant's job performance. The primary emphasis of the on-going research has been to develop an additional predictor which would predict applicants' success in oral interviews. (The use of such a predictor would allow communities to interview fewer applicants than is now the case.) Several months ago a formula was developed which appears to predict applicants' oral interview success with some degree of accuracy. However, at the present time this formula does not have the same technical validity as do other components of the scoring process. The MPRS Executive Committee thus has decided that it is not prudent to add this formula to the scoring process until its predictive ability can be further studied. The truest measure of the validity of a formula such as the one which has been developed is to test the formula against a sample group of applicants. Such a group has been selected, and in the near future MPRS communities will receive a form requesting oral interview scores for those applicants within this group who have been interviewed in the community. Hopefully this information will provide the Committee with the technical documentation which is necessary to make a final decision regarding a revision in the System's scoring process. Ehlers andAssociates, LEA0Efl5 IN PUBLI FINANCE NEWSLETTER 1 1 OFFICES IN MINNEAPOLIS AND WAUKESHA - 507 Marquette Avenue - Minneapolis, MN 55402.1255 - 612-3398291 VOLUME 33, NUMBER 1 FILE: Financial Specialists: Ehlers and Associates, Inc. Please distribute to governing body members May. 1988 Interest rates continue very erratic, moving within a fairly wide trading range, with tax exempts underperforming the U.S. Government bond yields. In fact, the BBI (20-bond, 20-year bonds) tax exempt yields are over 90% of those on taxables. There are two "whys": 1) gross uncertainties about the exemption from federal taxes: and, 2) an oversupply of tax exempts. Otherwise, municipalities could borrow for 5% versus 8%, saving over $400,000 on a $1 million, 20-year issue. REVOLVING LOAN FUNDS Cities and counties are keenly aware of cuts in federal and state economic development programs. For that reason, communities committed to economic development are working with Ehlers Capital and Development to establish and finance development programs. Revolving loan funds (RLF's) are considered by many to be the economic development tool of today, and many communities have them -- or want them. With the growing use of RLFs comes a need to ensure that such funds are used effectively and efficiently with a complete understanding of their complexities. It is vital to establish well-formulated goals and strategies and engage a range of skills necessary to complete a successful program. Guidance is now available to identify capital market gaps, design and manage effective RLF strategies, blending elements of financial institutions and public development programs into a comprehensive economic development. Ehlers Capital and Development and Ehlers and Associates (The Ehlers Companies) can help your community make informed, sound development decisions, in identifying various funding sources and reviewing their requirements and restrictions. To effectively compete for economic development with RLFs and other developmental tools, call Mike Grossman or your Account Executive at (612) 339-8291. Outside Minnesota, call (800) 328-4367. INTERESTING INTEREST Several interest rates are being quoted which borrowers should know to make sound financial decisions. Net Interest Cost (NIC) has been the standard for computing and comparing the interest costs on bond issues. If the issuer constrains discounts and the pattern of interest rates, prohibiting or limiting higher rates on later maturing bonds, NIC works very well. It simply computes interest on the various principal amounts to maturity, adds any (limited) discount and subtracts any premuim bid. Some advocate using True Interest Cost (TIC), which measures the value of time when interest is paid, recognizing that a dollar paid early is worth more (more expensive) than one paid later. Using TIC is said to prevent bidders from compressing interest cost into the early years. But the same protection can be had using NIC, limiting interest rates on later maturing bonds and discounts. Calculation of TIC �, requires a specialized computer program. -, UTIC: An Untrue True Interest Cost (UTIC) [our term], limiting investmentiy elds in advance refunding issues, does not include issuance or discount expenses. Applied to future savings, this lower UTIC uc prodes a greater "present value saving" which some advisors use, without subtracting issuance and discount expenses, to prove refunding savings. In judging advance refunding proposals the issuer needs to know whether a TIC or UTIC is being used. In a refunding for which we were competing we found that the "saving" used was before deducting front end issuance or discount expense. When these costs were subtracted the quoted savings became marginal. "IMPLICIT" INTEREST RATE: Leasing is a way to acquire equipment and buildings. But advisors and lessors quote an "implicit" interest rate which is net after deducting investment income. When we do a lease financing we figure a net interest rate (NIC) in the same way as with a bond issue which adds coupon interest on each serial installment and any bond discount or subtracts any premium. But "implicit" interest rates are sometimes quoted as if they are interchangeable with NIC. Not knowing the difference can lead to expensive mistakes. Interest is interesting and the issuer/borrower/leasee needs to be interested if he is to protect his interests. Interestingly yours, JC N ASS �iCi� WL Ehlers — We'll see you at the following events: WISCONSIN ASSOCIATION OF SCHOOL DISTRICT ADMINISTRATORS -- May 2 and 3 in Oconomowoc. MINNESOTA ASSOCIATION OF SCHOOL BUSINESS OFFICIALS (MASBO) -- May 4-6 at Arrowwood. MICHIGAN MUNICIPAL ELECTRIC ASSOCIATION -- May 4-6 in Holland, MI. MINNESOTA CITY COUNTY MANAGERS ASSOCIATION -- May I1-13 at Cragun's. NAHRO -- May 18-20 at Breezy Point. MINNESOTA LEAGUE OF CITIES -- June 7-10 at Radisson St. Paul. MINNESOTA MUNICIPAL UTILITIES ASSOCIATION (MMUA) -- June 19-22 at Arrowwood. WIS. CLERKS AND TREASURERS & FINANCE OFFICERS -- June 22-24 in Superior. 0692a 5ggsex¢- x------ -x xx x4-5---a-- xeexern �" sPPe��sx ffiffi5 xxF ex xy x 1!595949 S �Eg x --_-- „n„_nM 5r 5r !; # k 5'a �555- SFFFiSFi 4a3iiFF FA 53 �3ii's5P6_x 344-"x_P m _ x c "ss5ss` 6 hefiA5 4 s ss Sas ... 1, x5frfrfi€ 6fr 55- fifi � fia � fifr sfr €�� 5 aaaa8a 5a�zi..? apx. ..�3ze. . 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Anderson, City Administrator FROM: David Hutton, City Engineer ' )A wo SUBJECT: Engineering Department Monthly Report for April DATE: May 11 , 1988 Attached is a project status report as of May 1 , 1988 for projects that the Engineering Department is involved with. A brief summary of several projects is as follows: VIENLING DRIVE WEST Engineering staff has reviewed the final plans and revisions are being made. Within the next two weeks, final plans will be sent to Mn/DOT. This contract must be awarded by June 30 , 1988, or the City will have to supply a status report to the Mn/DOT screening committee to avoid an adjustment to our state aid allocation . We are beginning the right-of-way acquisition process by first obtaining appraisal reports. 6TH AVENUE SANITARY SEWER The consultant is proceeding with the design on the Adams Street portion, which was added to the project in April. RAILROAD CROSSINGS Materials have been ordered . Once they have been delivered to the City (3-4 weeks after ordering) the railroad will schedule the work. TAHPAH FOOTBALL FIELD Once all contracts have been signed, the notice to proceed will be issued to the contractor. 11TH AVENUE The feasibility study has been completed and will go to Council on May 17 , 1988 . DOWNTOWN STREETSCAPE Construction has begun on Part 2 of Phase I. Status Report May 12 , 1988 Page 2 10TH AVENUE OVERLAY I called Chuck Weichselbaum of Mn/DOT on May 9th to find out the status of their review of our plans. Chuck told me that Central Office will be finishing their review of the plans in 1-2 weeks. I will be following up on that if I don' t hear from Mn/DOT in that time frame. UPPER VALLEY DRAINAGE PROJECT Our consultant is proceeding with trying to obtain all the necessary permits and complete all studies pertaining to the Mill Pond. The condemnation proceedings on several easements have started. 13TH AVENUE EAST (VIERLING DRIVE) Construction is proceeding on this project. VIP E%TENSION Once all contracts have been signed, the notice to proceed will be issued. HERITAGE PLACE Plans for Phase II of this construction are currently being reviewed by the Engineering Department. 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Fam-Sewered 8 17 1,242,900 1 5 381,300 Single Fam-Septic 2 4 374,800 4 4 408,300 Multiple Dwellings 2 2 216,800 - 7 645,500 ($ Units) (YTD Units) (4) (4) - (3) (16) - Dwelling Additions 11 16 89,868 5 15 113,457 Other - 1 2,500 3 7 53,600 Comm New Bldgs - - - - 2 546, 000 Bldg. Addns 2 5 518, 000 - 2 145,000 Industrial-Sewered - - - 1 1 600,000 Ind-Sewered Addns - - - - - - Industrial-Septic - - - - - - Ind-Septic Addns - - - 1 1 160, 000 Accessory/Garages 2 3 41,200 3 9 51,768 Signs & Fences 9 15 27,260 6 15 19,095 Fireplaces/Wood Stove - 5 17,500 - 4 8,400 Grading/Foundation - - - 3 3 5,900 Remodeling (Res) - 6 20,650 3 it 79,840 Remodeling (Inst) - - - - - - Remodeling (Comm/Ind) 1 8 122,000 6 17 169,850 TOTAL TAXABLE 40 85 2,673,478 36 103 3, 388,010 TOTAL INSTITUTIONAL - - - - - - GRAND TOTAL 40 85 2,673,478 36 103 3,388,010 No. Ytd. No. Ytd. Variances 1 5 1 - 9- Conditional Use 3 8 1 7 Rezoning - 1 - - Moving - 1 - - Electric 23 85 20 51 Plbg & Htg 33 84 26 69 Razing Permits Residential - 2 - - Commercial - - - - Total dwelling units in City after completion of all construction permitted to date. . . . . . .4,210 Cora Hullander Bldg. Sec. r CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN APRIL, 1988 7744 Donald Dahl 2423 Emerald Lane House $ 105,000 7745 Gerald Wawrzyniak 2660 Emerald Lane 7v, House $ 98,700 7746 Siekmann Const. 1065 East iew Cir. Duplex $ 48,400 41/ B/r 7747 Siekmann Const. 1067 Eaastview Cir. Duplex $ 48,400 oY !j9 S w 7748 Panelcraft of MN 1761 Shakopee Ave.e. Addn. $ 7,000 7749 Randy Bullock 1245 Polk Fence $ 500 7750 Scott Builders 327 Marschall Rd. Sign $ 10,600 7751 Gardner Brothers 2152 Murphy Ave. House $ 51,600 Viet BS �L.�� 7752 Gardner Brothers 2140 Heritage Or House $ 61,400 7753 Midwest Fence X819 Main Sit. �y Fence $ 1,900 7754 Cole VanHorn 303 E. 1st Ave. Alt. $ 500 7755 M. Gueningsman 528 McDevitt Addn. $ 2,500 7756 American Remodeling 913 Minnesota Addn. $ 4,000 7757 American Remodeling 1005 Jackson St. Addn. $ 7,318 7758 MN Valley Fence 300 Naumkeag Fence $ 800 7759 John Lenberg 2400 E. 4th Ave. Sign $ 1,200 7760 Gardner Brothers 2300 Onyx Dr. Addn. $ 1,450 7761 Valleyfair One Valleyfair Dr. Addn. $ 100, 000 7762 Greg Kechley 437 E. Shakopee Ave. Addn. $ 2,000 7763 Signs of Quality 1221 E. 4th Ave. Sign $ 700 7764 CertainTeed 3303 E. 4th Ave. Fence $ 4,000 7765 Valleyfair One Valleyfair Dr. Addn. $ 5,000 7766 Valleyfair One Valleyfair Dr. Addn. $ 30,000 7767 Doug Lake 1170 Menke Circle Addn. $ 5,000 7768 Raymond Phillips 907 Ramsey St. Fence $ 1, 000 S 7769 - S & D Carpentry 2500 Emerald, Lane ' House $ 86,000 7770 Reynolds Const. 1205 E. is � Alt. $ 31,000 7771 Cancelled 7772 G.F. Juergens 1401 Wood Duck Trail House $ 120,000 7773 Robert Baur 994 Foo hill TrAil House $ 80,000 -Y'/ dl a"4 7774 Bruers Const. 1077 Jacks,6n St. Addn. $ 9, 000 7775 Ponderosa Bldrs. 22560 /1Emeral Lane House $ 66, 000 q.(iT e� A 7776 Houghton Const. 42401 Emera}d Lane House $ 59,800 416 D/ i ^ 7777 David Foss 403 E. 3rd Ave. Fence $ 1, 000 7778 Dellwo Const. 972 Spencer St. Porch $ 11, 000 7779 Jack Brambilla 620 Monroe St. Addn. $ 9,500 7780 LukeLund337 E. 3rd Ave. Garage $ 14,300 7781 Joseph Link 1050 Marschall Rd. Duplex $ 60,000 A-4&e X 1-unit 7782 Joseph Link 1052 Marsch ll R Duplex $ 60,000 1-unit 7783 Void 7784 B & D Development 1286 Emera d Lane House $ 86,000 7785 Morton Builders 2460 Marschall Rd. Stg. $ 14, 900 PROCEEDINGS OF THE DOWNTOWN AD HOC COMMITTEE Regular Session City Council Chambers April 13, 1988 Chairman Laurent called the meeting to order at 7:50 A.M. with Commissioners Ruben Ruehle, Melanie Kahleck, Gary Laurent, Bill Wermerskirchen, Jerry Wampach, Mary Keen, Shiela Carlson, Terry Forbord and Ex-Officio Member Tim Keane were present. Absent were Commissioners Joe Topic, Jim Stillman and Harry Koehler. Also present were Barry Stock, Administrative Assistant; Doug Wise, City Planner and Dave Hutton, City Engineer. Chairman Laurent asked if there were any additions to the agenda. Mr. Stock requested to have the Downtown Project Phase II and Downtown Code Enforcement placed on the agenda as other business. Keane/Carlson moved to approve the agenda as amended. Motion carried unanimously. Wermerskirchen/Ruehle moved to approve the minutes. Motion carried unanimously with Forbord abstaining. Mr. Stock reported that on March 17, 1988 the City Planning Commission passed a motion requesting the Downtown Committee to review the use of banners within the B-3 zoning district. Mr. Stock noted that the existing sign ordinance and the proposed revisions allow temporary banners and pennants for grand openings of business establishments, special events and holidays only. The current definition of special events excludes private business sales. Mr. Stock reported that he had reviewed several sign ordinances from other communities in the area and discovered that communities are generally split on whether or not banners and pennants should be permitted for special business sales. Mr. Stock noted that on April 6, 1988 the Community Development Commission reviewed this issue and has made several recommendations to the Planning Commission. Mr. Stock then reviewed the recommendations of the Community Development Commission. He noted that it was the intention of the Community Development Commission to permit the placement of banners and pennants for private business sales in all zoning districts. The Committee also suggested that business establishments be allowed to have any number of temporary banner and pennant permits so long as the aggregate time period for displaying said banners and pennants does not exceed 30 days during any one calendar year. Additionally, no organization or establishment would be permitted more than one temporary banner or pennant permit at a time. Mr. Stock noted that he was purposing a section of the ordinance that would allow for the continued placement of the Chamber of Commerce banners providing that the Chamber of Commerce receive a Conditional Use Permit. Mr. Keane stated that the Community Development Commission recognized the need to regulate banners but felt strongly that the proposed changes give flexibility to the retailers who have a definite need for this type of signage. Commissioner Wermerskirchen stated that he felt banners were important to businesses to advertise special sales or events. He went on to state that the 30 day aggregate time period for displaying banners gave retailers a great deal of flexibility in determining when and how often they should advertise using this type of signage. Commissioner Ruehle stated that he felt the 30 day period might be somewhat restrictive and that not all banners are offensive. Commissioner Forbord stated that he felt the Downtown Committee should look at the big picture -in trying to come to a decision on this issue not just the point of the retailer. He stated that the City should try to avoid a -circus type atmosphere that is out of control. - -- - Discussion then ensued on the difference between a banner and a pennant. The Committee could --not reach consensus on the definition and difference between a banner and a pennant. It was the consensus of the Committee to inform the Planning Commission of their difficulty in arriving ata definition for a banner and a pennant. -- Commissioner Forbord then questioned several of the exemptions proposed by staff including signs of political subdivisions and symbolic flags of any institutions or businesses. Mr. Stock stated that signs representingpoliticalsubdivisions were fairly straight forward and covered the State of Minnesota, municipal flags or county flags. Mr. Stock admitted that allowing flags for organizations or businesses maybe risky. The consensus of the Committee to strike symbolic flags for institutions or businesses from the exemption provision as proposed by staff. Forbord/Keane moved to recommend that stricter conditions be adopted for temporary banner and pennants and that they be allowed for private business sales providing that the aggregate time period for displaying said signs does not exceed 30 days per business establishment and that the maximum size of the banner not exceed 32 sq. ft. and that the method of securement be approved by the City Building Inspector. Motion carried unanimously with Commissioner Kahleck abstaining. Discussion ensued on the process for obtaining a variance to the - sign ordinance regulations. Mr. Stock reported that Commissioner Carlson has collected the drawings from the 6th grade class for the downtown sign. Mr. Stock suggested that rather than going through each of the signs at this time that a subcommittee be created to select the winning drawings. Commissioners Keane, Carlson, Kahleck and Wermerskirchen volunteered to sit on this subcommittee. Mr. Stock noted that upon selection of the winning drawings, he would proceed in receiving cost quotations from each of the sign makers in Shakopee. Mr. Stock noted that he would also have the posters displayed at the Shakopee Open House on Sunday, April 24, 1988. Mr. Stock updated the Committee on the Open House 88' activities planned for April 24, 1988. He requested two committee members to volunteer to staff the Downtown Committee's booth. Commissioners Kahleck and Forbord volunteered to be present at the Open House on Sunday, April 24, 1988. Mr. Stock reported that the City Council approved the Huber Park Trail Plan as proposed. Construction is scheduled to begin in May with completion scheduled for September. Mr. Stock reported that the Committee had originally discussed working with the Shakopee Senior Citizens to have the plantings planted in our downtown planters. Mr. Stock noted that the original contr-&Ct _provided for the plantings this year. Mr. Forbord- questioned who would maintain the planters during the _ _ - --- summer time. Mr. Stock noted that the City was considering contracting with a lawn service provider to water the plants and weed them during the summer time. Mr. Forbord stated that this would be a wise approach and also suggested that the Downtown property owners be encouraged to maintain the planters in front of their business establishment. Mr. Stock reported that the City has not made a decision on the inclusion of Atwood Street in the Downtown Redevelopment Project at this time. The railroad has not taken a firm position on the removal of__the__spur along Atwood Street at this time. Commissioner Wermerskirchen stated that he felt it was important to move ahead with entire Downtown Project as originally proposed regardless of the railroad spur. Wermerskirchen/Ruehle moved to recommend to City Council that Phase I Part II of the Downtown - Redevelopment Plan be pursued as originally proposed. Motion carried unanimously. Mr. Stock noted that the City Council was considering a downtown code enforcement program that would focus on the multi-family rental units in the downtown area. Property owners having multi- family rental units would have to bring them into compliance with City Code. Mr. Stock went on to state that City Council will be asking for the Downtown Committee's review of the code enforcement proposal at a later date. Wermerskirchen/Keane moved to adjourn the meeting at 9:10 A.M. Motion carried unanimously. Barry A. Stock Recording Secretary g ENERGY AND TRANSPORTATION COMMITTEE Regular Session Shakopee, MN April 14, 1988 Chairman Ziegler called the meeting to order at 7:05 P.M. with Commissioners Ziegler, Prudoehl, Roman, Spiotta and Schmidt present. Commissioner Kahleck was absent. Also present was Barry A. Stock, Administrative Assistant. Schmidt/Roman moved to approve the minutes of the March 10, 1988 meeting as kept. Motion carried unanimously. Mr. Stock reported that at he last meeting the Committee directed staff to investigate whether or not exurban funds could be used to off-set the cost associated with a proposed Dial-A-Ride service expansion to the Engelhaven subdivision. Mr. Stock noted that he had received the exurban application information from the Regional Transit Board and has discovered two major problems that will make it very difficult for us to secure exurban funding assistance. First, the legal entity representing the area proposed for service must apply for the assistance. In this case the Louisville Township Board. Second, the program only funds 50% of the project deficit. Mr. Stock doubted that the Louisville Township Board would be willing to proceed and fund 50% of the proposed project deficit. Given these factors, and the precedent that the City could be setting should they pursue to extend Dial-A-Ride service outside the city limits, staff was recommending that the Engelhaven Homeowners Association be informed that the City is not interested in expanding the Dial-A- Ride service at this time. Chairman Ziegler stated that he would be more interested in expanding the service to the townships if the townships were willing to pay their fair share of the program costs. Commissioner Spiotta questioned how staff had arrived at a $1.00 surcharge as proposed in staff alternative $2. Mr. Stock stated that there was no analytical basis for the $1.00 surcharge. It was simply a token amount to differentiate Shakopee residents from persons living outside the city limits. Mr. Stock noted that the actual cost of service was $1.33. To charge residents living in the Engelhaven subdivision actual cost of service would not be a viable alternative. Commissioner Prudoehl stated that in her opinion if the City were to extend Dial-A-Ride service to the rural subdivisions outside the city limits it would jeopardize our current program. She went on to state that there is quite a demand being place on our current Dial-A-Ride service. Chairman Ziegler suggested that when the City informs the Engelhaven Homeowners Association of their decision that the rationale be included in the letter. Prudoehl/Schmidt moved to respectfully inform the Engelhaven Homeowners Association that the City is not interested in expanding the Dial-A-Service to their subdivision at this time unless the Louisville Township Board can guarantee funding for the program. Motion carried unanimously. Mr. Stock reported that since we have had a change over in the membership of the Committee it was suggested to review the 1988 Goals and Objectives. Mr. Stock went through each of the 1988 Goals and Objectives as proposed and approved by the Committee in February. Commissioner Spiotta stated that the solid waste issues facing the community are going to have a tremendous impact on our residents within the next two years. She suggested that the Committee add a goal that would inform residents of the solid waste issues that are coming to the forefront. It was the consensus of the Committee to add another objective to investigate and implement programs to inform the public of solid waste issues that may affect them. Chairman Ziegler questioned what ever happened to the Council Liaison that was appointed to the Committee. Mr. Stock stated that the Council has many meetings that they attend. There is an understanding between staff and City Council that if they are ever needed at one of the advisory committees meetings for support that they will be there upon request. Mr. Stock informed the Committee of the Shakopee Open YOUSe ghat is scheduled for April 24, 1988 from 1:00 P.M. to 4:00 P.M. He stated that he would like to have two or three of the Committee members present to represent the Committee. Chairman Ziegler, Prudoehl and Commissioner Spiotta stated that they would be available to attend the Open House. Mr. Stock then reviewed the Dial-A-Ride and Van Pool monthly reports. Mr. Stock stated that he has been working on the demonstration apartment recycling program and has found someone who will pick-up the recyclables on a bi-weekly basis free of charge. It is likely that Riva Ridge Apartments will be participating in the program. Mr. Stock is hopeful that the new Country Village Apartments will also be a good prospect for the program. Mr. Stock noted that he is focusing the program on apartments that have underground parking. Other apartment complexes in the community with outdoor recycling bins would be subject to vandalism. There was not adequate funding in the program budget application to construct outdoor recycling bins that will withstand vandalism that is likely to occur. Mr. Stock then reviewed the project time schedule for the major transportation projects proposed for the City of Shakopee. Discussion ensued on the likelihood of the proposed projects. Prudoehl/Spiotta moved to adjourn the meeting at 8:15 P.M. Motion carried unanimously. Barry A. Stock Recording Secretary TENTATIVE AGENDA ADJ.REG.SESSION SHAKOPEE, MINNESOTA May 17, 1988 Mayor Dolores Lebens presiding 1] Roll Call at 8:00 P.M. - 23 Liaison Reports from Councilmembers 3] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 4] Approval of Consent Business - (All items listed with an asterisk 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] Approval of Minutes of May 2, 1988 6] Communications: a] P.R.Krass, Krass & Monroe re: hourly rates b] C] 7] Continuation of Board of Review: a] Link, 622 E. lst Ave. ; Parcel #27-004-012-0 b] Link, Marschall Road; Parcel #27-118-003-0 (Outlot A Century Plaza Square 2nd) c] Link, Marschall Road.; Parcel #27-120-002-0 (Lot 2, Block 1, Century Plaza Square 3rd) d] Link, 581 Marschall Road; Parcel #27-120-003-0 (Lot 3, Block 1, Century Plaza Square 3rd) e] Gerald Schmidt; 1041 S.Legion St; Parcel #27-041-081-0 f] Furrie Corporation, 1251 E 4th Ave. ; Parcel #27-087- 009-0 g] h] i] Continue Board of Review to May 24, 1988 at 7:00 P.M. OR Close Board of Review as of May 27, 1988 j ] Move that the findings of the Board of Review be approved and sent to the County Auditor for certification, as of May 27, 1988 81 Boards and Commissions: Planning Commission: a] Preliminary & Final Plat of Hukriede's 1st Addition, located upon property at 2384 Marschall Road - Res. No. 2893 TENTATIVE AGENDA May 17, 1988 Page -2- 9] Reports from Staff: (Council will take a 10 minute break around 9:00 P.M. ) a] Shakopee Community Center Proposal b] Interim Highway 101/169 Intersection Improvements c] Bob Sweeney Filling/Grading Permit d] Hauer's 4th Addition Improvements - Res. No. 2895 e] Downtown Streetscape 1987-2 - Sanitary Sewer Extensions f] Downtown Streetscape 1987-2 - Change Order No. 6 g] Atwood Street Spur Line - memo on table h] Vierling Drive from CR-17 to the East 1988-1 i] Curb Cut Policy - Res. No. 2891 j ] Engineering Department Vehicles - tabled 5/3 k] Approval of Bills in Amount of $331,314.87 *11 Use of Gene Brown Lot for Derby Days m] Hallway Carpet Replacement at City Hall *n] Application for A Taxicab License - tabled 5/3 *o] Application for Pull-Tab License p] Set Up Licensing 10] Resolutions and Ordinances: a] Res. No. 2892, Receiving Report & Calling Hearing for 11th Ave. East of CR-79 - Street & Storm Sewer Improvements 1988-5 *b] Res. No. 2889, Declaring Adequacy of Petition & Ordering Report for Market Street No. of let Ave - Street Improvements *c] Res. No. 2890, Approving Signing Contract With The Railroad *d] Res. No. 2896, Transmitting An Application for A Local Planning Assistance Loan from Met Council 11] Other Business: a] Appoint a three member Council committee to meet with three School Board members to discuss new tax increment/referendum levy legislation b] c] 12] Adjourn John K. Anderson City Administrator OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA MAY 3, 1988 Mayor Lebens called the meeting to order at 7:03 P.M. in the Council Chambers with Councilmembers Clay, Scott, Vierling, and Wampach present. Mr. Zak arrived at 8:30 P.M. Also present were John K. Anderson, City Administrator; Judith S. Cox, City Clerk; Julius A. Coller II, City Attorney; Douglas Wise, City Planner; David Hutton, City Engineer; and Barry Stock, Administrative Assistant. Clay/Vierling moved to recess for a Housing and Redevelopment Authority meeting. Motion carried unanimously. Lebens/Wampach moved to re-convene. Motion carried unanimously. Liaison reports were given by Councilmembers. Mayor Lebens asked if there was anyone in the audience who wished to speak on any item not on the agenda. There was no response. Vierling/Wampach moved to approve the consent business. Roll Call: Ayes; Unanimous Noes; None Absent; Cncl. Zak Motion carried. Clay/Wampach moved to receive and file the April 26, 1988 League of Minnesota Cities memo regarding upcoming legislative wrap-up sessions. Motion carried unanimously. Vierling/Wampach offered Resolution No. 2885, A Resolution on Public Library Services for Every Child, and moved its adoption. (Approved under consent business) Clay/Wampach moved to receive and file the April 23, 1988 letter from Mr. Herb Dallmann regarding a youth center. Motion carried unanimously. Mr. Gary Willemson asked the Council whether or not they would permit the construction of a scout building within the Northeast corner of Lions Park. He explained that the scouts have a day to day lease for the building they are using now, and that they expect to be losing it in the near future. Hopefully the building would be supported by the Lions. Mr. Houser, Lions Club, stated that they are just looking for approval to locate a building in Lions Park at this time. The details will have to be worked out yet. Mr. Dressen stated that up to 90% of the funds have been committed to construct the building. They want it to be ready when it is needed. Clay/Vierling moved to authorize the construction of a scout building at Lions Park, at no cost to the City, and directed staff to meet with the appropriate parties to draw up a lease agreement. Motion carried unanimously. City Council May 3 , 1988 Page 2 In response to a letter dated April 27, 1988 from Paulette Rislund, Chmr. , Shakopee Community Recreation Board, discussion followed on an ice facility/community center. Vierling/Wampach moved that the Mayor consult with staff and set up some parameters focusing on a study committee that would pursue both the bubble and the recreational facility. Motion carried unanimously. Mr. James Rein, 1005 Sibley, requested that he be allowed a curb cut onto 10th Avenue. The curb cut would be in addition to the curb out onto Sibley Street and it would permit access to a storage garage which he plans to build. Discussion followed. Vierling/Scott moved to approve the request of Mr. James Rein, 1005 Sibley, for a curb cut onto 10th Avenue because 10th Avenue is a local street at this location and not a collector. Motion carried unanimously. Clay/Wampach directed engineering staff to draft a curb cut policy to delineate type of roads, width of curb cut, and designating any roads that may be upgraded in the future for higher use. Motion carried unanimously. Clay/Vierling offered Ordinance No. 243, An Ordinance of the City of Shakopee, Minnesota Amending the Shakopee City Code, Chapter 11 Entitled "Land Use Regulation" (Zoning) By Amending Sections 11.32 Light Industrial (I-1) and Section 11.33 Heavy Industrial (I-2) and Adopting By Reference Shakopee City Code Chapter 1 and Section 11.99 which Among Other Things Contain Penalty Provisions, and moved its adoption. Motion carried unanimously. The City Planner stated that the Planning Commission has been working on a new "Sign Ordinance" for over a year and that they are recommending adoption of the draft which is now before Council. He summarized the major changes. Mr. Larry Griffith, Valleyfair, stated that Valleyfair supports the new ordinance although it is not perfect. He requested that an exception to the ordinance be inserted to exclude conformance to the new ordinance where a sign variance has been previously approved. Clay/Vierling directed staff to prepare the appropriate ordinance, as outlined in the draft, to amend the current sign ordinance, except to delete the five year conformance requirement and to add the exception for previously approved variances. Motion carried unanimously. Clay/vierling directed staff to prepare a study delineating the impact of requiring conformance of existing signs to the new sign ordinance. Motion carried unanimously. City Council May 3, 1988 Page 3 Vierling/Wampach moved to select BRW (Bennett, Ringrose, Wolsfeld, Jarvis, Gardner Inc. , Minneapolis, Minnesota) and authorize the Mayor and City Administrator to negotiate a contract for Council approval for the updating of the City's Comprehensive Plan. Motion carried unanimously. Wampach/Clay moved to authorize submission of a loan application to the Metropolitan Council for 75% of the total cost of the project and designating the remainder of the cost to come from the 1988 fund balance. Motion carried unanimously. Clay/Vierling moved for a five minute recess at 8:28 P.M. Motion carried unanimously. Councilman Zak arrived and took his place. Wampach/Clay moved to re-convene. Motion carried unanimously. Mr. Tom Brock, Operations Manager, Canterbury Downs, addressed the Council regarding using Gate #5, which exits onto CR-16, more frequently to facilitate exiting traffic. Clifford Stafford, 2328 Eagle Creek Boulevard, stated that he believes that there is a definite traffic increase when Gate #5 is open. Kathy Stafford, 2328 Eagle Creek Boulevard, stated that when Canterbury Downs was preparing to develop, one promise that was made was that Gate #5 would be used for emergency use only. Discussion followed as to whether or not to hold a public hearing on the request and whether or not to allow the use of Gate #5 until the public hearing to measure the impact of traffic on CR-16. Zak/Scott directed staff to schedule a public hearing on the use of Gate #5 by Canterbury Downs for June 7, 1988, eliminating the provision for a trial use of Gate #5 until then, and that the ' future use of Gate #5 will be based upon the public hearing. Discussion followed on the merit of keeping Gate #5 open until the public hearing to measure the impact of traffic on CR-16. Roll Call: Ayes; Cncl.Zak and Scott Noes; Cncl.Wampach vierling, Clay and Mayor Lebens Motion failed. Zak/Wampach moved to reject all bids for the Huber Park Trail Observation Platform. Motion carried with Mayor Lebens opposed. Zak/Wampach authorized appropriate City officials to rebid the Huber Park Trail Over-Look and amend the plan specifications to provide for an alternative method to be utilized in the City council May 3, 1988 Page 4 construction of the platform decking and ask for a most expedient reply. Motion carried with Mayor Lebens opposed. Scott/Zak _moved to implement the laws on the books using a systematic approach as outlined in the April 25, 1988 memo from Barry A. Stock regarding a systematic code enforcement program and invite suggestions from the Community Development Commission and from the Downtown Committee. Roll Call: Ayes; Unanimous Noes; None Motion carried Clay/Vierling moved to table the application from Town Taxi for a taxicab license. Motion carried unanimously. Wampach/Vierling moved to receive and file the April 26, 1988 memo from Dave Hutton, City Engineer regarding planters and trash recepticales for the downtown streetscape project. (Doc No. CC-156) Motion carried unanimously. The City Engineer brought the Council up to date on the negotiations with the Soo Line Railroad regarding their removal of the spur tracks through Atwood Street and the relocation of the spur tracks west of Scott Street in exchange for the City closing the crossing at Apgar Street. He also mentioned that Rahr Malting would be loosing 360 feet of storage as a result of the removal of the spur tracks and that Rahr is asking the railroad and the railroad is in turn asking the City if they would participate in the cost of relocating the spur tracks onto Rahr property. An estimate of this cost is not available at this time. Discussion followed. Zak/Clay moved to officially go on record supporting the closing of the Apgar Street crossing on the condition that the railroad remove the spur tracks at Atwood and Scott Streets pending financial estimates due from the railroad. unanimously. Motion carried Wampach/Zak moved to officially include Atwood Street as part of the Downtown Streetscape Project as designed. Motion carried with Mayor Lebens abstaining. Vierling/Wampach moved that the alley in Block 25 (north of the Post office) be made a one-way alley going east to west and that City staff is authorized to take appropriate action. (Approved under consent business) Vierling/Zak moved to table discussion on the vehicles needed for the Engineering Department. Motion carried unanimously. Vierling/Wampach moved to approve the bills in the amount of $79,158.59. (A complete list of the bills is posted on the bulletin board at City Hall. ) Roll Call: Ayes; Unanimous Noes; None Motion carried City council May 3, 1988 Page 5 Vierling/Zak directed staff to make plans for the Annual Boards & Commissions Picnic for July 11th and for the Annual Employees Picnic for July 20th; and authorized the Community Recreation Director, upon proper reservation of the swimming pool under the Community Recreation Group Rental Policy, to include free use of the pool, water slide and picnic shelter for the Annual Picnics. Motion carried unanimously. Vierling/Wampach moved to contact the State to obtain sales ratio data and Larry Johanson to obtain a firm estimate for the cost of his services for a review of assessing practices in 1988. Roll Call: Ayes; Unanimous Noes; None Motion carried Vierling/Wampach moved to approve the abatement of all taxes for payable 1988 for parcels 27-093003-0,27-911026-0, 27-911010-2, and 27-911010-3. (Approved under consent business) Vierling/Wampach offered Resolution No. 2884, A Resolution Amending the City of Shakopee Personnel Policy Adopted by Resolution No. 1571, and moved its adoption. (Approved under consent business) Vierling/Wampach offered Resolution No. 2886, A Resolution Authorizing the conveyance of A Deed, and moved its adoption. (Approved under consent business) Vierling/Wampach offered Resolution No. 2887, A Resolution Accepting Bid On Tahpah Park Football Field Project No. 1988-4, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried Zak/Vierling offered Resolution No. 2888, A Resolution Accepting Bid on VIP Sanitary Sewer Extension Project No. 1987-13, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried Zak/Clay moved to submit the name of Councilwoman Gloria Vierling for nomination to fill a vacancy on the Board of Directors of the Association of Metropolitan Municipalities. Motion carried with Cncl.vierling abstaining. The City Attorney advised Council that the County was going back to an earlier practice of sending many cases for pre-trial and that this was going to require more time of city employees is: police officers and city attorneys. Scott/Clay moved to adjourn to Tuesday, May 10th, 1988 at 7:00 P.M. Motion�ied unanimously. Meeting adjourned at 10:57 x t Clerk rding Secretary [-AW OFFICES RECsa�;�f7 KRASS & MONROE CHARTERED 'MAY 1 21988 V4 Phillip R. Kray Denny L.Manure Bang K.Meyer 327 Marschalll Road Tremor R.Walsten P.O. Box 216 Jay D.Goldberg Shakopee,Kratesda 55379 Ehrabeth B.McLaughlin Susan L.Estill Telephone 445-5080 Dane M.Carlson FAX 445-7640 Lathan B.Muir Robert J.Walter May 11, 1988 Kent A.Carlson,CPA Mr. John Anderson City Administrator City of Shakopee 129 East First Avenue Shakopee, MN 55379 Dear John: Several people who watch council meetings on cable have come up to me in the last few weeks and asked about a conversation the council held about our firm's fee structure. I understand that the matter was eventually postponed until the annual budget discussions coming up later this year. Apparently, however, some information was received that is not accurate and I simply wanted to correct any misimpression council members may have had. As I understand it, a suggestion was made that the City of Savage put the position of city attorney out for bid last fall and as a result our firm lowered its hourly fee rate to that city. This is simply not true. Last summer I informed the City of Savage that we would not be returning as city attorney in the year 1988. I did so because of some consistent conflicts we had been having with the then Mayor Rod Hopp. As a result, the city did solicit proposals for a new city attorney. In November after Mr. Hopp was defeated by now Mayor Egan, the city council asked if we would reconsider and remain as city attorneys. I discussed the matter with my partners and we agreed to stay on as Savage city attorneys, with another of our attorneys, Robert Walter, handling the council meetings instead of me. In 1987, the City of Savage, like the City of Shakopee and like the other three cities we represent, was charged on an hourly rate of $62.00 an hour. As has been our custom for the past decade, we adjust our municipal rate every two years. 1988 was that adjustment and all five cities we represent had their hourly rates raised from $62.00 an hour to $68.00 an hour. This, of course, included the City of Savage. So rather than having their rates go down, their rates went up. We have always billed all of our cities on an hourly rate and that rate has always been identical for every city we represent. No city receives any different treatment. Mr. John Anderson W Page -2- May 11, 1988 We know that legal costs are of great concern to the cities we represent. There is simply a limited amount of funds available. That is why our municipal rate is so much lower than our general business rate which ranges from $80.00 an hour to $125.00 an hour depending on the attorney handling the matter. We have worked hard to try and keep our bills to cities down. You may not be aware that generally speaking over half of the bill you receive from us each month is for prosecution. The amount of prosecution has just grown geometrically as the size of the city has increased, and with new programs the county has instituted with respect to how misdemeanor prosecutions are handled, I am afraid that trend with continue. We think the fact that we are representing five cities in prosecutions saves all of them money as we have an attorney present on arraignment morning who can divide his or her time between the various cities instead of waiting much of the morning for just one or two cases for a particular city. In addition, we have a paralegal who handles much of the misdemeanor prosecution work including drafting of the complaints, correspondence with officers and setting up witnesses for hearings at a lower rate to the cities. I understand that this matter will not come back before the city council until budget time, but I did not want any council members believing that we were treating Shakopee differently from a fee standpoint than any of the other municipalities we represent. If the Mayor or any council members would like some additional information, I would be happy to provide it. Please tell them to feel free to contact me directly if they have questions as I am always happy to hear from them. Thank you for your consideration. Very truly $orjj , BRASS b ON CRARTRRBD ip R..Iy`y/Kress PRK:mlw 7a, bcd f IN SCOTT COUNTY ASSESSOR COURT HOUSE 112 SHAKOPEE, MN 55379-1381 (612) 937-6115 M E M O R A N D U M Date : To: 1988 Shakopee Board of Review Fran: Robert N. Schmitt , Scott County Assessor's Office Property Owner : vacant Commercial land in Shakopee Property Address: Parcel M: 1 . Type k Description Of Property: Property which will be used for commercial purposes when it is developed . After checking sales of similar property in all the cities of Scott County , I have arrived at an average ratio of between 50% to 60% of market value as of the date of sale . Total number of sales involved totaled eight . The Board may want to consider the same solution as was used with vacant residential lots , (60%) . 2. Deck or Patio: 3. Garage Description : 4. Other : 5. Total Structural Value : 6. Lot Size : 7. Lot Value : 8. Total Estimated Market Value of Property: 9. Other Information on Assessment : 7 SCOTT COUNTY ASSESSOR COURT HOUSE 112 -- SHAKOPEE, MN 55379-1381 (612)-937-6115 M E M O R A N D U M : Date : May 12, 1988 To: John Anderson , Administrator ; City of Shakopee From: Robert N. Schmitt , Property Appraiser Subject : Summary of Sales/Ratio Study of Twinhane sales in Eastview Ist Addn . 21 Sales 1986 - 1988 Average Sale Price $65,300 Average EMV for '88 $57,500 Average Ratio 92.6% Ratio for Styles of Hanes STYLE N SALES AVG. SALES PRICE AVG. EMV RATIO 1-Story 7 $64,585 $55,928 86.5'/. Split 6 $63,650 $54,533 85.7/. *2-Story 8 $65,300 $66,988 102.6% Action taken : * I have adjusted 2-story values for the 1988 assessment to the following: AVG. SALES PRICE AVG. `88 EMV RATIO $65,300 $56,300 86.2%. 7c SCOTT COUNTY ASSESSOR _ COURT HOUSE 112 SHAKOPEE, MN 55379-1381 (612) 937-6115 M E M O R A N D U M Date : May 17 , 1988 To: 1988 Shakopee Board of Review From Robert N. Schmitt , Scott County Assessor's Office Property Owner : Gerald Schmidt Property Address: 1041 S. Legion Street Parcel 11: 27 041 081 0 1 . Type & Description Of Property: 1 story home built in 1982 . Home has 1064 square feet . Full basement with 1 room finished . 2. Deck or Patio: 3. Garage Description: Attached 24 z 26 4. Other : Central-Air, Walkout 5. Total Structural Value: $49 , 700 6. Lot Size : 83 ' x 175 ' 7. Lot Value : $22 , 100 8. Total Estimated Market Value of Property: $71 ,800 9. Other Information on Assessment : On June 11 , 1985 the Shakopee Board of Review reduced three 1985 estimated market values on homes located adjacent to the Maplewood Townhouses . The reductions were 57.. If Mr. Schmidt ' s value were reduced 57. it would be $68 ,200 . If the increase placed on Mr . Schmidt ' s home was reduced by 50% for the 1988 assessment it would place the value for the property at $68,000 . [ 1988 increase = $7600 x 50% = $3800 . $71 ,800 - $3800 _ $68 ,0001 I have checked sales of single family homes . which are adjacent to duplexes , and have not been able to find a sufficient amount of data to indicate influence . 1 DWELLING Year built I i i ... J PARCEL NO. —X—sa. 9ory bei& mar— m. balha m. berfmome basemen Peremt baxment lin. IirtPlxe walkout � deco tealral air bad trim Pmo tnl Siae Y GARAGE attached Yea�m OBSERVED CONDITION: elc 8md tai, War GRADE 30-0 MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Preliminary and Final Plat of Hukriedes 1st Addn. DATE: May 13, 1988 INTRODUCTION• At their meeting on May 5, 1988 the Shakopee Planning Commission passed a motion recommending to the City Council approval of the preliminary and final plat of Hukriedes let Addn. subject to conditions. BACKGROUND: Mr. Wes Hukriede has submitted a preliminary and final plat to divide an existing 10 acre parcel of property into two lots each approximately 5 acres in size. The property is located at 2384 Marschall Road. The property is zoned R-1. Mr. Hukriede currently owns a home on the front portion of the property proposed to be divided. Mr. Hukriede plans to sell his current home and construct a new home on the rear portion of the property. The configuration of the property is long and narrow. The property has 341 feet of frontage on County Road 17 and a depth of 1326 feet. Dividing of the property length ways to provide two lots with equal frontage on the street would result in two extremely long narrow lots. This configuration would make it more difficult to resubdivide the property into smaller parcels later if City services were made available. The City Code states that the minimum lot width in the R-1 zoning district is 150' . City staff has reviewed the proposed plat with the City Attorney and it is his opinion that the plat meets the City Code requirements for lot width because the main portion of Lot 1 exceeds the 150' lot width requirement. The 60' area connecting the main portion of Lot 1 with the road is of adequate width to allow for dedication of a street should future utilities be available and resubdivision of the property desirable. Both lots will utilize existing access to the property. No new access would be required. Lot 1 would need to provide Lot 2 with a easement agreement to utilize existing access. PLANNING COMMISSION RECOMMENDATION: At their meeting on May 5, 1988 the Planning Commission passed a motion recommending approval of the preliminary and final plat for Hukriedes First Addition subject to the following conditions: 1. Approval of the title opinion by the city Attorney. 2. Execution of a Developer's Agreement for construction of the required improvements: a. Payment in lieu of land dedication for park purposes shall be required. 3. Both lots must be served by the existing access. An access agreement providing for the use and maintenance of the common access shall be recorded with both lots. ACTION REOOESTED: Offer and pass Resolution No. 2893 approving the final plat for Hukriedes First Addition. RESOLUTION NO. 2893 A Resolution Approving the Final Plat of Hukriedes First Addition WHEREAS, the Planning Commission of the City of Shakopee did approve the Final Plat of Hukriedes First Addition on May 5, 1988 and has recommended its adoption; 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 COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the Final Plat of Hukriedes First Addition, described as follows: That part of the Southwest Quarter of the Northeast Quarter of Section 19, Township 115, Range 22, Scott County, Minnesota, lying north of the south 996. 00 feet. be, and the same hereby is approved and adopted with the requirements that: 1. Approval of the title opinion by the City Attorney. 2. Execution of a Developer's Agreement for construction of the required improvements: a. Payment in lieu of land dedication for park purposes shall be required. 3 . Both lots must be served by the existing access. An access agreement providing for the use and maintenance of the common access shall be recorded with both lots. 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 1988. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1988. City Attorney 9a MEMO TO: John R. Anderson, City Administrator FROM: Dennis R. Kraft, Community Development Director RE: Shakopee Community Center Proposal DATE: May 12, 1988 INTRODUCTION• On May 10, 1988 the Shakopee City Council once again addressed the issue of the construction of a community center at the Minnesota Valley Mall and the possibility of placing the question of constructing a community center on a referendum. The City Council subsequently directed the City staff to prepare background information regarding the holding of a special referendum on this issue for discussion at the May 17, 1988 Council meeting. BACKGROUND: The Essex's Corporation of Omaha Nebraska approached the City during the later part of 1987 and indicated that they would be willing to participate, with the City, in the construction of a community center at the Minnesota Valley Mall. Earlier discussions centered on various financing mechanisms for the facility. At this time the City Council is contemplating using a general obligation bond in the amount of $1,550,000. Tentative Schedule The earliest date that the City could hold an election would be Tuesday, June 28, 1988. To have the election on June 28th requires that the City Council pass a resolution calling for a special election at the meeting on May 17, 1988. The City Clerk has been in contact with the County Auditor and has been advised that the ballots could be ready by May 27th, this would be in compliance with the 30 day requirement for absentee ballots. The County Auditor's office would be available for the automated counting of the ballots. All of the other requirements could be met within this time frame. Of course the City Council could take additional time to evaluate this subject and hold an election at a later date, or decide to take no action at this time. If the City Council were to delay the election another week (until July 5, 1988) the election would be a day after the Fourth of July holiday which is probably not a very good time for an election. The Council could also hold the election during the months of July or August although late summer elections should be evaluated carefully because of residents vacation schedules. There is also a primary election in September and a general election in November. Other Factors Other related factors have also been evaluated and are presented for Council consideration at this time. These include the possible location of a National Guard Armory in Shakopee, the status of the former Women's Correctional Facility in Shakopee, the time table of the Shakopee Hockey Association, financial aspects of the -project and the activities of the Essex's Corporation as relates to the purchase of the Minnesota Valley Mall. Location of the National Guard Armory in Shakopee Contact with the Deputy Adjutant General of the Minnesota National Guard, Brigadier General John Cox, has indicated that two National Guard Armories have been programed for construction at this time in the South Metro Area. General Cox indicated that the location of another armory in the South Metro Area is a possibility. The location of an armory in a community is a competitive process and should not be viewed as a sure thing merely because a City indicates an interest in having an armory located within their corporate limits. The City must provide the land for an armory (a minimum of 6 acres) and will then cost share on the facility with the Federal Government and the State of Minnesota. The level of cost sharing would be at 12.5% on the part of the City for the initial construction cost of the facility and then at a greater percentage if additional facilities are added such as a larger kitchen or a special floor for recreational purposes. If the City of Shakopee pursues a location of an armory, and if they are chosen a period of 3-5 years will occur prior to the construction of the facility. If the City Council members are interested in looking at other armories which have been recently constructed, General Cox indicated that a tour of these facilities could be arranged. Disposition of Former Women's Correctional Facility As Council members are aware, the Minnesota Department of Administration, acting on behalf of the Department of Corrections, is once again attempting to sell the old correctional facility to governmental entities within Scott County, namely the City of Shakopee, the Scott County Board of Commissioners or the School District. At this time the Scott County Board has given the County Administrator the authority to negotiate for the purchase of the property. The Administrator indicated that the process is moving forward at this point and it is likely that it will be completed by June 1. Therefore, this facility would not be available to the City for the location of a community center. ec- Shakopee Hockey Association Contacts with the President of the Shakopee Hockey Association have indicated that the Hockey Association will need to know by early July where their activities are going to occur for the next season. They will begin allocating ice time during early July. The actual utilization of the ice skating facility will begin either the last week of October or the first week of November for the next hockey season. Financing of Facility If the City were to utilize general obligation bonds for this type of facility it is likely that the term of financing would be 18 - 20 years. The City's financial advisor has been given information on the amount and purpose of the bond issue and additional information relating to the financial structure of the bond issue and the impact on properties within the community will be available for discussion at the Council meeting on May 17th. Essex's Corporation Purchase of Minnesota Valley Mall The Minnesota Valley Mall is still owned by the Evest Corporation. This company has owned the mall for several years. The Essex's Corporation is once again negotiating for the purchase of the mall. At this point there is not a binding commitment for the purchase of the facility. The Essex's Corporation has been contacted and they have indicated they will attempt to confirm the price for a community center prior to the May 17th meeting. It was indicated to the Essex Corporation that prior to the time of bond issuance, if the City Council decides to hold a referendum, it will be necessary to have a firm number with which to deal. Also additional investigations will take place relative to how the structure could be constructed and whether a lease purchase type of agreement could be utilized. If the City is required to bid the project out under the provisions of the State bidding procedure it is questionable as to whether the facility could be built for $1.55 million. As Council members are aware the City is not allowed to negotiate bids for facilities but must merely accept or reject sealed bids for any project the City constructs. Additional information on this project will be available for discussion by the City Council on May 17th. ALTERNATIVES• 1. The City Council can set the date for a referendum for a community center at the Minnesota Valley Mall for Tuesday, June 28, 1988. 2. The City Council can set another date for a referendum on the community center issue provided that the date is at least one week after June 28, 1988 . 3 . The City Council can decide to take no action on this resolution at this time. ACTION TO BE TAKEN: Move to offer Resolution No. 2894, A Resolution Determining the Need for the Issuance of General Obligation Bonds and Calling a Special Election Thereon. a� RESOLUTION 2894 A RESOLUTION DETERMINING THE NEED FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS AND CALLING A SPECIAL ELECTION THEREON BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA AS FOLLOWS: 1. The City Council hereby finds and determines: a. That it is in the best interest of the City and its residents that the City construct a community center at the Minnesota Valley Mall, hereinafter referred to as the "Project." b. That it is necesssary to the sound financial management of the City that the Project be financed in whole or in part by the issuance and sale of the City's general obligation bonds in an amount not to exceed $1,500,000. 2. The proposition for the issuance ofsuch bonds shall be submitted to the voters of the City at a special election to be held on n 1988. The election shall be held and conducted in accordance with the laws of the State of - Minnesota relating to special elections. 3. The City Clerk shall cause a notice of election in substantially the form attached herein as Exhibit A to be posted and published as required by law as folows: a. The notice of election shall be published once in the official news- paper of the City at least two weeks prior to the elction; b. The notice of election and a sample ballot shAll be posted at each of the polling places at least ten days prior to the election; c. The notice of election and a sample ballot shall be posted in the office of the City Clerk at least four days prior to the election; and d. The sample ballot shall be published in the official newspaper of the City at least one week prior to the election. 4. The polls for the election shall be open at 7:00 o'clock A.M. , CST and shall remain open until 8;00 o'clock PM CST and the polling places for the election shall be as follows: Precinct 1 - Fire Station -- 334 West 2nd Avenue Precinct 2 - Public Library - 235 South Lewis Street Precinct 3 - Presbyterian Church - 909 Marschall Road - Precinct 4 - Eagle Creek Town Hall - Junction of CR-16 6 CR-83 Precinct 5 - Christ Lutheran Church - 1053 So. Jefferson Street 5. The City Clerk is authorized and directed to prepare separate ballots for the election to be printed on blue paper in substantially the following form: OFFICIAL BALLOT SPECIAL ELECTION CITY OF SHAKOPEE, MINNESOTA 1988 ( ) YES SHALL THE CITY OF SHAKOPEE ISSUE AND SELL ITS GENERAL OBLIGATION BONDS IN AN AMOUNT NOT TO EXCEED $1,500,000 FOR THE PURPOSE OF ( ) NO CONSTRUCTION- A COMMUNITY CENTER IN.THE MINNESOTA_VALf.E.L':MALL? INSTRUCTIONS TO VOTERS ON QUESTION NO. 1: Voters desiring to vote in favor of the foregoing proposition shall make a cross mark (X) in the square opposite the word YES. Voters desiring to vote against the foregoing proposition shall place a cross mark (X) opposite the word NO. 6. The City Council shall meet in the City Hall on , 1988 at Io'clock P.M. CST to canvass and declare the results of the election. Adopted in session of the City Council of the City of Shakopee, Minnesota held this _ day of 1988. Mayor-of the City of Shakopee ATTEST: City Clerk Prepared and approved as to form 12t ay of Ma 1988 City Attorney i q a, EXHIBIT A _. NOTICE OF SPECIAL ELECTION CITY OF SHAKOPEE SCOTT COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN That a special election will be held in and for the City of Shakopee, Scott County, Minnesota on 1988 at which the following proposition will be submitted to the voters of the City for their approval or rejection: (_) YES SHALL THE CITY OF SHAKOPEE ISSUE AND SELL ITS GENERAL OBLIGATION BONDS IN AN AMOUNT NOT TO EXCEED $1,500,000 ( ) NO FOR THE PURPOSE OF CONSTRUCTING A COMMUNITY CENTER IN THE MINNESOTA VALLEY MALL? The polling places for said election are as follows: Precinct 1 - Fire Station 334 West 2nd Avenue Precinct 2 - Public Library 235 South Lewis Street Precinct 3 - Presbyterian Church 909 Marschall Road Precinct 4 - Eagle Creek Town Hall Junction of CR-16 S CR-83 Precinct 5 - Christ Lutheran Church 1053 So. Jefferson Street ' The polls for said election will be open at 7:00 o'clock AM CST and remain open until closing at 8:00 o'clock PM CST. Any qualified registered voter of the City is entitled to vote at said election, and any resident of the City not previously registered as a voter may register on election day with proof of residence as required by law. BY ORDER OF THE CITY COUNCIL City Clerk, City of Shakopee, Minnesota MEMO TO: John K. Anderson, City Administrator FROM: Dennis R. Kraft, Community Development Director RE: Financial information Relating to the Proposed Community Center at the Minnesota Valley Mall DATE: May 17, 1988 Attached please find estimates of annual debt service and the resulting property tax impact which would be experienced by various structures in Shakopee as a result of the financing of a $1, 500,000 community center. This information has two different runs relative to a 17 year bond sale. Schedule A attached has an average annual interest rate of 7.03% at an net interest rate of 7.188 and Schedule B assumes the interest rate which is 25 basis points higher and which is 7.29% average annual interest rate or a net interest rate of 7.43%. This projection shows that on an average house in Shakopee with an estimated market value of $70,000 the projected annual tax increase, based upon a 1988 mill rate, would be $21.00. This would be equivalent to approximately $1.75 per month for the average value house in Shakopee. For a $100, 000 house this amount would be $36.00 per year or $3.00 per month. This attachment also has an estimated tax bill impact projected for commercial and industrial properties. The later two groups are higher because of the Minnesota property tax structure which places a higher assessed value on commercial and industrial structures. A commercial or industrial structure with a value of $70, 000 would have an annual tax increase of $38.00 per year and a property with an estimated market value of $100,000 would have an increase of $60. 00 per year, or $5. 00 per month. The above information is for the City Council's consideration and does not represent the actual figures which would apply if a bond were to be sold two years from now but is a very close projection on what could be expected if a sale were to occur in the near future with rates relatively comparable to what they are today. SPRINGSTED PUBUC FINANCE ADVISORS 85 East Seventh Place,Suite 100 Saint Paul,Minnesota 55101 2143 6122233000 _ Fax 612 223 X02 May 13, 1988 Mr. John Anderson, .Administrator Mr. Dennis Kraft, Community Development Director Shakopee City Hall 129 East First Avenue Shakopee, MN 55379 RE: Community Center Financing i Gentlemen: We have prepared estimates of the annual debt service and resulting property tax i impact on the financing of a $1,500,000 community center. We have assumed that if the issue is authorized by referendum, the bonds would be sold in August, 1988. We have also assumed that the center would be financed over 20 years with relatively equal annual debt service. We have examined the option of merging this issue with other debt of the City which is funded by general property taxes. The City has one such issue outstanding, Public Service Building Bonds of 1975, however, that issue will be repaid by February I, 1989, which is prior to the funding cycle of this new issue. We have performed two estimates of the debt service of the issue. Schedule A projects annual debt service based on rates currently in effect. Schedule B provides estimates of debt service with interest rates at 1/4 of 1% higher than those now available. Schedule A projects the average annual debt service at $160,626, which based on a current taxable assessed valuation of $92,982,960, leads to an average mill rate increase of 1.73 mills. Schedule B repeats the process at the higher interest rate levels and yields an average annual debt service amount of $163,742, with an average mill rate of 1.76 mills. We have also examined the changes in property tax bills for residential and commercial/industrial property owners as a result of this project. These projections should be viewed as general indicators of changes in property tax bills and not specific increases in any particular property's tax burden. These impact estimates are based on the higher interest rate projections listed in Schedule B. For each class of property, the property tax impact is estimated for a range of market values. -In each analysis, Section A represents the tax bill without the project and Section B with the project. The difference between A and B is a tax impact caused by the project. We can provide the City with estimates of any number of market values. India.Office: Wisconsin Office: 251 North Illinois Street,Sure 1510 500 Elm Grove Road,Sune 101 Indranapolis,Indiana462041942 Elm Grove,Wisconsin 531220037 3172373636 414782.8222 Fax 3172373639 Fax:4149822904 9 a. City of Shakopee, Minnesota May 13, 1988 Page 2 We trust this information fully responds to your request. Please feel free to contact us if you have any questions and if we can be of any further assistance. Respectfully, `� (/)� David N. MacGillivray (/ Vice President mgh I 'I I I I I . � w City of Shakopee, Minnesota Prepared May 12, 1988 General Obligation Bonds, Series 1988A By SPRINGSTED Incorporated Community Center Dated: 9- 1-1988 SCHEDULE A Mature: 2- 1 Total Year of Year of Principal 105% Levy Mat. -Principal Rates Interest S Interest of Total (1) (2) (3) (4) (5) (6) (7) 1988 1990 10,000 5.25% 144,713 154,713 162,449 1989 1991 50,000 5.50% 101,625 151,625 159,206 1990 1992 55,000 5.75% 98,875 153,875 161,569 1991 1993 55,000 6.00% 95,713 150,713 158,249 1992 1994 60,000 6.10% 92,413 152,413 160,034 1993 1995 65,000 6.25%. 88,753 153,753 161,441 1994 1996 70,000 6.40% 84,690 154,690 162,425 1995 1997 75,000 6.50% 80,210 155,210 162,971 1996 1998 75,000 6.60% 75,335 150,335 157,852 1997 1999 80,000 6.70% 70,385 150,385 157,904 1998 2000 90,000. 6.80% 65,025 155,025 162,776 1999 2001 95,000 6.90% 58,905 153,905 161,600 2000 2002 100,000 7.00% 52,350 152,350 159,968 2001 2003 105,000 7.10% 45,350 150,350 157,868 2002 2004 115,000 7.20% 37,895 152,895 160,540 2003 2005 125,000 7.30% 29,615 154,615 162,346 2004 2006 135,000 7.40% 20,490 155,490 163,265 2005 2007 140,000 7.50% 10,500 150,500 158,025 TOTALS: 1,500,000 1,252,842 2,752,842 2,890,488 Bond Years: 17,815.00 Annual Interest: 1,252,842 Avg. Maturity: 11.88 Plus Discount: 26,250 Avg. Annual Rate: 7.033% Net Interest: 1,279,092 N.I.C. Rate: 7.180% Assessed Valuation: 92,982,960 Average Annual Levy Required: 160,626 1.73 Mills (Levy years 1989 thru 2004) Interest rates are estimates; changes may cause significant alterations of this schedule. The actual underwriter's discount bid may also vary. 9a City of Shakopee, Minnesota - Prepared May 12, 1988 General Obligation Bonds, Series 1988A By SPRINGSTED Incorporated Community Center Dated: 9- 1-1988 SCHEDULE B Mature: 2- 1 Total Year of Year of Principal 105% Levy Mat. Principal Rates Interest 6 Interest of Total (1) (2) �(3) (4) (5) (6) (7) 1988 1990 5,000 5.50% 150,227 155,227 162,988 1989 1991 50,000 5.75% 105,768 155,768 163,556 1990 1992 55,000 6.00% 102,893 157,893 165,788 1991 1993 55,000 6.25% 99,593 154,593 162,323 1992 1994 60,000 6.35% 96,155 156,155 163,963 1993 1995 65,000 6.50% 92,345 157,345 165,212 1994 1996 70,000 6.65% 88,120 158,120 166,026 1995 1997 70,000 6.75% 83,465 153,465 161,138 1996 1998 75,000 6.85% 78,740 153,740 161,427 1997 1999 80,000 6.95% 73,603 153,603 161,283 1998 2000 90,000 7.05% 68,043 158,043 165,945 1999 2001 95,000 7.15% 61,698 156,698 164,533 2000 2002 100,000 7.25% 54,905 154,905 162,650 2001 2003 110,000 7.35% 47,655 157,655 165,538 2002 2004 115,000 7.45% 39,570 154,570 162,299 2003 2005 125,000 7.55% 31,003 156,003 163,803 2004 2006 135,000 7.65% 21,565 156,565 164,393 2005 2007 145,000 7.75% 11,238 156,238 164,050 TOTALS: 1,500,000 1,306,586 2,806,586 2,946,915 Bond Years: 17,930.00 Annual Interest: 1,306,586 Avg. Maturity: 11.95 Plus Discount: 26,250 Avg. Annual Rate: 7.287% Net Interest: 1,332,836 N.I.L. Rate: 7.434% Assessed Valuation: 92,982,960 _ Average Annual Levy Required: 163,742 1.76 Mills (Levy years 1989 thru 2004) Interest rates are estimates; changes may cause significant alterations of this schedule. The actual underwriter's discount bid may also vary. CITY OF SHAKOPEE, MINNESOTA PREPARED MAY 12, 1988 GENERAL OBLIGATION BONDS, SERIES 1980A BY SPRINGSTED INCORPORATED COMMUNITY CENTER TAE BILL IMPACT- Residential Mill Rate: 119.354 Homestead Property Estimated Increase: 1.760 CITY OF SHAKOPEE Eetimated Mill Rate with Project: 121.114 SECTION A - 1980 PROJECTED TAE PAYMENT WITHOUT PROJECT Al Estimated Market Value: 50,000 70,000 90,000 100,000 125,000 150,000 A2 Assessed Value: 6,500 12,100 17,500 20.200 26,950 33,700 A3 Gross Tax: 11015 1,444 2,089 2,411 3,217 4,022 A4 Less Homestead Credit: 548 700 700 700 700 - 700 AS Property Tax Bill: 467 744 1,389 1,711 2,517 3,322 SECTION B - 1988 PROJECTED TAE PAYMENT WITH PROJECT B1 Estimated Market Value: 50,000 70,000 40,000 100,000 125,000 150,000 B2 Assessed Value: 8.500 12,100 17,500 20,200 26,950 33,700 B3 Gross Tax: 1,029 1,465 2.119 2,447 3,264 4,082 B4 Less Homestead Credit: 556 700 700 700 700 700 B5 Property Tax Bill: 473 765 1,419 1,747 2,564 3,362 ESTIMATED 1988 TAE INCREASE DUE TO PROJECT: $6 $21 $30 $36 $47 $60 •The above schedule shows the estimated increase in taxes payable at various market values if the estimated mill rate increase due to the above project were added to the current mill rete for taxes payable in 1988. The schedule does not include the Property Tax Refund to which a taxpayer may be entitled based on family income. It does, however, reflect the deduction of homestead credit which is automatically calculated and deducted by the County. Estimated market value is the basis from which assessed value is calculated. This value is not necessarily the price the property would bring if sold. �a-� CITY OF $.IKOPEE, MINNESOTA GENERAL OBLIGATION BONGS, SERIES 198 BA PREPARED MAY 12, 1988 COMMUNITI CENTER BY SPRINGSTED INCORPORATED TAE BILL IMPACT- Commercial Property Mill Rate: 119.354 CIT! OF SHAROPEE Be tf na ted Increase: 1.760 Es alma ted M111 Rata with Project: 121.114 SECTION A - 1988 PROJECTED TAE PAYMENT WITHOUT PROJECT Al Estimated Market Value: 50,000 70,OOD 90,000 100,000 125,000 150,000 175,000 200,000 A2 Assessed Value: 14,ODD 21,100 29,700 34,000 44,]50 55,500 66,250 77,000 A3 Gross Tax: 1,671 2,518 3,545 4,058 5,341 6,624 7,907 91190 A4 Less Homestead Credit: 0 0 0 0 0 0 AS Property Tax Bill: 11,571 2,518 3,545 4,058 5,341 6,624 7,907 9,190 SECTION B - 1988 PROJECTED TAE PAYMENT WITH PROJECT B1 Estimated Market Value: 50,000 70,000 90,000 100,000 125,000 150,000 175,000 200,000 B2 Assessed Value: 14,000 21,100 29,700 34,000 44,750 55,500 66,250 77,000 B4 Lase Homestead Credit: B3 Gross Tax: 1,696 21556 3,597 0 0 0 D 0 0 0 0 4,118 5,420 6,722 8,024 9,326 BS Properly Tai Bill: 1,696 2,556 3,597 4,118 5,420 6,722 8,024 9,326 ESTIMATED 1988 TAE INCREASE DUE TO PROJECT: $25 $38 $52 560 $79 $98 $117 $136 *The above schedule shows the estimated increase in tare. payable at various market values if the estimated mill rate increase due to the above project were added to the current mill rate for taxes payable in 1988. Estimated market value L. the basis from which assessed value is calculated. This value is not necessarily the price the property would bring if sold. 96 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Interim Highway 101/169 Intersection Improvements DATE: May 10, 1988 Introduction The Mayor, City Engineer and I had a second meeting with representatives of Mn/DOT on Wednesday, April 27th. At that meeting they responded to the City's proposal for interim improvements to the intersection of Highway 101/169 as presented by the Mayor. Proposed Bridge Widening and Operation Mn/DOT reported that the bridge can be widened three feet on each side at a cost of $150,000 per side (total cost $300,000) . If the widening is limited to three feet on one side it would create three 11-foot lanes which would not be acceptable to Mn/DOT. This means that an alternative pedestrian location is required if the City desires to get the third lane on the bridge. Mn/DOT estimates that minor signal changes would cost $5,000 and they estimated that overhead signs would cost $10,000 to $20,000 and roadway work north of the bridge to facilitate the third lane would cost an additional $60,000. The total cost of creating the third lane on Highway 169 was approximately $375,000 to $385,000 with Mn/DOT estimating that this might provide a 25% improvement in the traffic handling capability of the intersection. The City Engineer, Mayor and I spent a considerable amount of time discussing this alternative and the various ways that it could be enhanced by limiting turning movements and parking along the two blocks of First Avenue from Lewis to Fuller Street. These alternatives can be discussed in detail if Council chooses to go ahead with any portion of this proposal. Incorporation of Levee Drive in Improvements Mn/DOT had analyzed the incorporation of Levee Drive in the proposed interchange improvements to determine its impact on traffic handling capability and its cost. Mn/DOT estimated that the intersection of Levee Drive and 101 on both the east and west end might cost $40,000 for curb radius changes, right-of-way, and traffic signal modifications. If Levee Drive would be designated one-way (west bound) then no widening would be required, however, the road would have to be structurally upgraded. Mn/DOT did not have a estimated cost for this upgrading of the Levee Drive road 9b surface. Even with these modifications, Mn/DOT felt that Levee Drive would probably not handled truck traffic effectively. Mn/DOT stated that to make Levee Drive one-way and thus reduce the cost of incorporating it into the intersection improvements would considerably reduce the traffic handling benefits of this element to the overall project. Construction and Project Timing Mn/DOT stated that the project would take at least one season to construct and that the modifications to the Highway 169 bridge would cause traffic problems (the traffic might be limited to one lane while the construction on the deck occurs) . With the likely completion date of the interim improvements being late 1989 and the opening of the mini by-pass scheduled for 1991 or 1992 and the Shakopee by-pass south of town being 1992, the temporary interchange improvements would benefit the community for three to four years. Project Funding Mn/DOT informed the City that it would not participate in the funding of the Levee Drive improvements. It is possible that they might participate in the funding of the Highway 169 improvements creating the third lane on the bridge. The funding question for the City Council is fairly straight forward. Does Council believe that improvements costing $400,000 to $500,000 for a three to four year period will be in the best interest of the community? Policy Questions 1. Council needs to discuss and determine if a 258 traffic handling capability for the intersection of Highway 169/101 for three to four years is worth $400,000 to $500,000. The cost to the City might be 50% of the total project cost if the City can secure Mn/DOT financial participation. 2. The City should determine if it wishes to incorporate Levee Drive in the improvements so that specific cost estimates can be determined. 3. The City needs to determine, if it wishes to place additional traffic on Levee Drive, if it will have a public hearing to discuss the impact of the re-routing of traffic on affected property owners. 4. The City must determine the degree to which it will maximize traffic handling capabilities at the intersection by restricting turning movements and restricting parking. Any concrete proposals considered should be discussed at a public hearing with downtown merchants. fb 5. If the City and Mn/DOT proceed with the Highway 169 portion of the project the City and Mn/DOT must determine what type of "temporary" walkway will meet the standards of the agencies involved and how the cost will be shared. 6. Mn/DOT has recommended that the City hire its own consultant to evaluate the program if it is serious about making the expenditures to obtain the improvements in traffic handling capacity of the intersection. Summary After our second meeting with Mn/DOT they indicated that it was necessary for us to review this proposal with the full City Council to determine if the City wanted to go forward with any of these improvements. If City Council wishes to pursue any portion of the alternatives discussed above then the City Engineer, Mayor and I can meet again with Mn/DOT to hammer out a basic funding agreement between the two bodies. JKA/jms j -a 1 I � _1 IBIpESBTP BIVEfl I r Qx �A V3f .Twp • Type .ITP .TVPP �TYPp • T . iYPP . Typp TMP iH lypp • iYPp • TV, r p - - - - -LEVEE DRIVE- — - __ __ _ . � r • 30:1 � tP .�—`, .. BIT' BIT g g HE „ YOGB FENCE J I k`' -- If BIT -UF 1.5-S I BB `IT 1 ¢ — lll �a�LUCK i 1 cw all PA Lv • FIRST AYENIIE IT J 28' N I m cmG GflAYEL T s\� 1-�---1 -- /—LI � �n —�' 11 BIT BIT ��:rn � pP TP n Iq 0 IWi � 4a� IOny PO11EB tpp 1-5-ST IP --/ BIT �IrLI♦�—�---ZY BR.MTM_—,--------- LEVEE DRIVE mB =BR-, B616 B6lB -I+-�- we — \ — — 5TE L-Tt E FEB BIT 34'M /Frj mi g i Ly . BIT .611IR, ( �T�_ TTY[PP TP B \— iTY1PP-- B619 j111 C I]'C BIT MB —12-C T BIT 'L I _ Il COBt6 BUT fNT Btm m- I UvT r 111 N Lot m m 1-S-BB i j m mi ti N I / LY 6 L0N4 ENT IQI w[ \ _ MISS T.H. 1 01 i, IP Y612 V02 6t4NPL 1 Ss'RK Ss 60'5I7 5 Nw 171 w ° m P Y iTV m TTVLPt w F --__— I6TIT • _—_ �G MEMO TO: John R. Anderson, City Administrator FROM: David Hutton, City Engineer/y mow^ RE: Mr. Robert Sweeney - Grading/Filling Permit Application DATE: May 13, 1988 INTRODUCTION This memo addresses the attached permit application from Mr. Robert Sweeney to place fill material in Huber Park, consisting of dredged material from the marina. BACKGROUND City staff has been working with Mr. Sweeney for several months on negotiating an easement between the Department of Natural ..� Resources (DNR) , City of Shakopee and Mr. Sweeney for the construction of the Minnesota Valley Trail through his property. Attached are some previous memos from City staff providing Councilwithsome history on this issue. The preliminary draft of the agreement has been prepared, but the agreement has not beenexecutedyet. For Mr. '. Sweeney to dredge his marina, the DNR has informed staff that he .will need to obtain the following permits: * DNR permit to dredge * Army Corps of Engineer permit to dredge * Environment Assessment Worksheet needs to be completed if the navigable area of the marina is more than 20,000 sq. ft. Mr. Sweeney has indicated that these agencies will not issue any permits unless he receives permission to place the fill in Huber Park. I have checked with George Muenchow and he does not have any problems with this request. In addition to the above permits, the City Planner has indicated that a Conditional Use Permit will be required to allow Mr. Sweeney to do any wgrk within the floodplain district (per the floodplain district ordinance Section 11. 34 of the City Code, page 311 which is attached) . As part of this permit, an overall plan for the marina should be submitted to the Plan Commission showing all proposed buildings, parking lots, docks, boat storage areas, repair areas, grading and drainage plans for the marina. ALTERNATIVES 1. Approval of Mr. Sweeney's request to place fill in Huber Park. 2. Deny Mr. Sweeney's request. RECOMMENDATION It appears that Mr. Sweeney has many more steps to take and permits to obtain prior to doing any work on this project. But in any case, one of his first steps is to obtain permission to place the fill in Huber Park. Staff recommends that Mr. Sweeney's permit application for placing fill in Huber Park be approved contingent on obtaining all other necessary permits and the completed execution of the agreement between the City, the DNR and Mr. Sweeney. h ACTION REQUESTED Authorize the appropriate City staff to issue a grading/filling permit to Mr. Sweeney to place fill in Huber Park contingent on obtaining all other permits (DNR, Army Corps of Engineers and a Conditional Use Permit) and also contingent on the final agreement between all parties being executed. DH:cah Attachments x � 1 ,kms E\ R y SEC. 11.34. FLOODPLAIN DISTRICT. ^� Subd. 1. Establishment of Zoning Districts Within Floodplain. The Floodplain areas are hereby divided into three ._ Districts: Floodway District (FW) , Flood Fringe District (FF) , and General Floodplain District (GFP) . A. Floodway District. The Floodway District shall include those areas designated as floodway in the Flood Insurance Study. B. Flood Fringe District. The Flood Fringe Dis- trict shall include those areas designated as floodway fringe in the Flood Insurance Study. C. General Floodplain District. The General Floodplain District shall include those areas designated as un- numbered A Zones by the Flood Insurance Rate Map. D. Within these Districts all uses not allowed as Permitted Uses or permissible as Conditional Uses shall be pro- hibited. Subd. 2. Floodway District (FW) . A. Permitted Uses. The following uses have a low flood damage potential and do not obstruct flood flows. These uses shall be permitted within the Floodway District to the ex- tent that they are not prohibited by any other provision of the _ City Code and provided they do not require structures, fill, or adversely affect the capacity of the channels or floodways or any tributary to the main stream or of any drainage ditch, or any other drainage facility or system. 1. Agricultural land uses. 2. Industrial-Commercial uses such as load- ing areas, parking areas, and airport landing strips. 3. Private and public recreational uses. 4 . Residential uses such as lawns, gardens, parking areas, and play areas. Ir B. Conditional Uses. The following open space [6. es require accessory structures (temporary or permanent) , or ll or storage of materials or equipment. These uses may be P intheFloodway District only after the issuance of a nditional use permit as provided in Section 11.04 , Subdivision These uses are also subject to the provisions of Subdivision of this Section, which applies to all floodway conditional es. 1. Structures accessory to open spaces. 2. Placement of £ill. 3. Extraction of sand, gravel, and other terials. 9 . Marinas, boat rentals, docks, piers, arves, and water control structures. 5. Railroads, streets, bridges, utility ansmission lines, and pipelines. 6. Storage yards for equipment, machinery, materials. -311- r APPLICATION FOR BUILDING PERMIT G • SHAKOPEE, MINNESOTA 55379 612-ACS-3650 B.P. No. 7/1 61R� a Sh6Kop�6. LLc.N • • P..O• Sw Eti-+ELi SOfo Ho{ .De:a. S� Ieo O^E NET"I.DPOI.DS "IT • CONTRACTOR Q. r1• �w EES-+'� SD(c Ho6vvl Es �L optE F»RP o`L A-1E_ E E D.R o.ADDIT,o.o.AITEx.TIDx 6,vAIR O.NOV .,......OlusE D-EION D naeo�I A, O-PATIO D-POREN O-STORAGE PLDG 0 IIIA D DRIVEWAY O-FENCE D<A«ADE T. LE35 �-nG A, /B, ODO Cy, t A. aCRIPTIOx Oi PxwECT WY6.1 A, UdWf DNE O PC p 1(/.dm y SRP �ti /a„fklar = I a (Gf as SrAr- PFR — SI— HIG 0. Corps O{ CU� U4E 7Eyw..rt VA-40 10 ESTIMATED MOTOR a /om0� 00 LD VALUE SPACE BELOW FOR OFFICIAL USE ONLY nE .I,E EDNE RWnLxD...aD L...NI. RR O Di iTDRIE D O. - _SDN E LIMITING CONDITIONS APPLICATION APPROVALS Ordinance No. 115 -Easement Restrictions - atxached I*. —AND A.AF NNT..TD. DATE - - COMMENTS ITT uoNEE. DATE CITI BUILDING OFFICIAL A'. APPLICATION FEES NOTES PEPMrt SEPARATE PERINITS ARE REQUIRED PDw ELECTRICAL, PLINVIIING. NIACEIAPICAL. aER2 L.O.CNAPGF TANK,UGNE ANDWELL I.DTALLLT10NA PLANCNECK T.E..A PR IT DECOMEa PULL AND VDI.IF WDRK SPADE AND SURVEY CHECK OR CONSTRUCTION AUTPORESED 15 NOT COAL pggK AND IPHD MENMENCED WITHIN ISO DATE. P<OxETRUCiIOMIE v D .A .POOH C'N A PnED.OFIE FFRENUNSER DASA AT ANY TIME AFTER WORK IS COMMENCED WATERCONNECnON 3. A COLORED PPOTOORAPH MUST ACCOMPANY SEWERCONNECnON AILL ION PERMIT D wOSCTETOF PLAxS wxD aP61F2ATOxE MuaT WEtL ANDS SEA GED19�pt SYSTEu ¢C wAxT EACH PEPMrt APpAI[AnOx FOR dE INVESTIGATION FEES F L wlx4 STATE SUPCHARGE S 1 COMMERCIAL R INDUSTRIAL PROJECTS TOTAL S C.RESIDENTIAL DWELLINGS Y IOVERI X NIFFELIUR brz NI-C.:.:44 ✓a►fey Engineering Co., Inc. E VT.LpM1Py M -2PO no. In� 553]] ,{\NNES OTP r f J � ,I r , e 1' it L w ollll: I CI W wi 1 b L I I I _ I T 4u[si _' - i Uxf YI I e�J'G STREET t ji 3 �� ' ] } i i i } f 1 - -4 City Council C- February 2, 1988 Page 2 Zak volunteered for Development Strategies, dependent upon his schedule. Cncl. Wampach volunteered for Personnel and Public Safety. Vierling/Clay moved to approve Dial-A-Ride contract amendment n5 adding a second vehicle to the Southwest Metro Transit System. - (Approved under consent business) . Vierling/Clay moved to continue the evening Dial-A-Ride service program in its present form through the remainder of the Dial-A- Ride contract term. (Approved under consent business) . Wampach/Vierling moved to remove from the table the issue of storm drainage refunds for cemeteries. Motion carried unanimously. Discussion ensued regarding storm drainage refunds, past policy and fairness. Vierling/Zak moved to direct staff to prepare an amendment to Ordinance No. 175 exempting cemetery property from storm drainage billing due to unique conditions associated with a cemetery, and to refund amounts already paid by cemeteries. Roll Call: Ayes: Unanimous Noes: None Motion carried. Mr. George Muenchow appeared and explained expense anticipated for the planning of a football field at Tahpah Park is regular staff time in the Engineering Dept. Wampach/Clay moved to authorize the Engineering Dept. to develop plans and specifications for the construction of a football field at Tahpah Park with the cost to be absorbed from funds in the Park Reserve Fund and community donations. Motion carried unanimously. The City Administrator clarified some of the terms in a proposed agreement with Robert Sweeney regarding acquisition of trail easements for the construction of DNR Minnesota River Trail. He thinks this represents a reasonable trade-off and balance between the property owner, the City and DNR. Mr. Muenchow spoke on behalf of this trail system, which has been 18-19 years in the making. He thinks the City is coming out a winner with a minimum of investment. Wampach/Zak moved to direct the appropriate City officials to draft necessary agreements and to initiate street vacations where appropriate to implement the acquisition of trail easements City Council February 2 , 1988 Page 3 through Mr. Robert Sweeney's property for the construction of the DNR Minnesota River Trail. Motion carried unanimously. Vierling/Clay moved to direct staff to develop and send out requests for proposals for bond counsel work. Motion carried unanimously. Vierling/Clay moved to approve the bills in the amount of $1,505, 087 .97. Roll Call: Ayes: Unanimous Noes: None Motion carried. Vierling/Clay moved to approve the following interfund transfers: From Tax Increment Trust to HRA for admin fees $179,580. 00; From Tax Increment Trust to General Fund for admin. fees $364, 000. 00; From Tax Increment Trust to Debt Service Fund 32, $280, 000.00; From Tax Increment Trust to Debt Service Fund 34, $113, 000. 00; From General Fund to Community recreation, annual contribution, $48,150.00; From Sewer Fund to Special Assessment Debt Service, final share of Holmes trunk line project, $15,543. 00; From Sewer Operating Fund to Sewer Debt Service, $20, 000. 00; From General Fund to Capital Improvement Fund, General Fund balance for miscellaneous project funding or for City Hall, $296, 000.00; From capital Equipment Fund to General Fund for equipment, $98, 329.59; From Special Assessment Fund 49, 1975 Improvement to Capital Improvement Fund, any remaining assets in order to close fund, $35,024 .27. (Approved under consent business) . Vierling/Clay moved to authorize the use of Delloitte, Haskins and Sells to update the IDS Deferred Compensation Plan at an estimated cost of $750.00. (Approved under consent business) . Vierling/Clay moved to authorize the proper City officials to execute a temporary electrical contract with Terry Krominga for a period of six months. (Approved under consent business) . The City Clerk gave the results of the Council balloting for various City boards and commissions: MEMO TO: Mayor and City Council IERDM: John K. Anderson, City Administrator RE: Acquisition of Minnesota River Valley Trail Easement DATE: January 28, 1988 -Introduction The Shakopee City Council, at its December 15, 1987 meeting, authorized staff to negotiate for City acquisition of an easement for the Department of Natural Resources (DNR) Minnesota River Valley Trail. across the Robert Sweeney property between Market Street and Minnesota Street north of Bluff Avenue. I have met with Robert Sweeney and we have arrived at a tentative proposal which I have reviewed with Bill Weir of the DNR. Tentative Proposal Robert Sweeney will receive: 1. A dredging permit from the City of Shakopee to place dredge material in Huber Park at his expense. 2. The easterly 30 feet of Market Street R-O-W upon the vacation of Market Street north of the trail easement. 3 . The westerly 30 feet of Market Street R-O-W for $1. 00 from the City which will receive it from the DNR by prior agreement before the vacation. 4 . Clear title to the westerly 30 feet of Minnesota Street right-of-way placed in Mr. Sweeney's name. (Note: this will net Mr. Sweeney approximately 90 feet of space adjacent to the proposed marina. ) (In clearing the title Mr. Sweeney would like us to investigate the possiblility of his acquiring clear title to the easterly 30 feet of Minnesota Street too. ) 5. Allow Mr. Sweeney use of the City trail easement for access to and from his property. (Note: this then excludes the use of the easement by his customers. ) 6. Construction of a private driveway from Bluff Avenue on Minnesota Street north to the northerly edge of the City's trail easement. 7. Construction of retaining wall and opaque fence along the southerly edge of the trail easement by the DNR. Robert Sweeney contributes: 1. A 15 foot _.wide trail easement to the City along the current sanitary .sewer easement .for trail and utility purposes. 2. A seasonal easement along the southern river bank for use by snowmobilers during the winter season. Department of Natural Resouces will receive: 1. The right to construct a 12 foot wide paved pedestrian trail across a 420 foot long 15 foot wide trail easement under the City's control. 2. Use of a seasonaleasementalong the southerly edge of the river for snowmobile trails. Department of Natural Resources provides: - 1. Construction of a 12 foot wide asphalt pedestrian trail across the City's 420 foot long 15 foot wide easement. 2. Construction- of a retaining wall along the southern edge of the trail easement across the 420 foot long . easement controlled by the City. 3 . Construction of an opaque fence along the retaining wall and southern edge of the trail easement along the 420 feet of the easement with the exception of any driveway accesses and/or gates at Market Street and Minnesota Street. 4. Construction. of a private drive on property to be owned by Robert Sweeney on Minnesota Street of sufficient strength to hold vehicles pulling boats. 5. Maintenance of their trail, fencing and retaining wall and the City's easement right-of-ways. 6. An agreement holding the City harmless from any liability for injuries received by people using the trail. City of Shakopee will receive: - 1. A 420 foot long by ' 15 foot wide trail and utility easement across Mr. Sweeney's property. 4 2. A commitment by DNR -to construct the pedestrian trail from its current termini near the Recreation Office west to Murphy's -Landing in 1988 and 1989. 3 . A Seasonal easement for a snowmobile trail along the southern bankofthe Minnesota River. City of Shakopee contributes: I. Vacation of Market Street north of the trail easement with 60 feet of -right-of-way provided to Mr. Sweeney. qC, 2. Clear title to the westerly 30 feet of the right-of-way Of Minnesota Street. 3 . Access along the pedestrian trail for Private use by Mr. Sweeney as described above. 4 . Access across the pedestrian trail at Market Street and Minnesota Street by Mr. Sweeney's customers and the DNR. (Note: The City would retain a north/south storm sewer easement in the Market Street right-of-way for access to its storm sewer presently located in this street. ) Alternatives - 1. The City Council can direct the appropriate City officials to draft the necessary agreements to implement the tentative Proposal as outlined. PROS: The City, in pursuing this alternative, would: a) be the beneficiary of a DNR trail extending east to Murphy's Landing that would help develop the river front and become an attraction drawing people into our City and downtown; b) have the potential to receive fill material from the dredge to improve Huber Park; and c) benefit from the improvement of the marina drawing more boat users to the river and our downtown area. CONS: For these benefits the City would: a) be vacating Market Street north of the proposed easement; b) incurring legal costs to clear up the title of the right-of-way on Minnesota Street to place it in Mr. Sweeney's name; and c) incure minimal liability exposure for accidents along the trail in our easement right-of-way. There would be no change in our insurance premium to add this coverage because it falls within normal City park and recreation exposures and because the DNR agreement to hold the City harmless. 2. Council could modify the tentative proposal prior to directing the appropriate City officials to draft the needed agreements. 3 . Council could reject the proposal. This means that the trail would not be constructed until such time that Mr. Sweeney or the DNR would have the incentive to overcome their current impasse in negotiations. Recommendation 1 recommend alternative No. 1 or 2 above. The tentative proposal is in comformance with the general wishes of the neighborhood which, at a meeting held in 1987,. was apprehensive about the construction of the DNR trail. Neighbors were particularly interested in having snowmobiles use the river bank rather than the trail right behind their homes. The neighborhood was generally opposed to the easy solution, which was to re-route the trail along Bluff Avenue in existing City street right-of-way. _ Normally the City uses guarantees of various types in its development agreement to insure follow-through by the developer in exchange for any value contributed by the City. In this case George Muenchow and I feel the value will be returned with the construction of the trail by the DNR, and therefore we will seek no development guarantee from Mr. Sweeney to build the marina. If Councilmembers view this differently we need to discuss this at the meeting. Action Requested Direct the appropriate City officials to draft the necessary agreements and to initiate street vacations where appropriate to implement the acquisition of trail easements through Mr. Robert Sweeney's property for the construction of the DNR Minnesota River Trail. ', JKA/jms • G City Council December 15, 1987 Page 2 The Vacation of Easements and Approval of Final Plat for Shakopee Valley Square 1st Addition will be discussed at a future meeting due to the survey not being finished yet. Lebens/Clay moved that the van pool request for proposal specifications be approved and that the appropriate City Officials be authorized to proceed with the advertising for proposals. (Approved under consent business) . Lebens/Vierling moved to table the request for 15 minute parking on Lewis Street for further discussion. Motion carried unanimously. Vierling/Wampach moved to award the bid to Mid-Central Inc. in the amount of $43,209 . 04 to purchase 24 Self Contained Breathing Apparatus (SOBA) units with the removal of 20 Hanson assemblies, and upgrade the current 11 4.5 SCBAs to meet the NFPA 1981 Standard. Include the SCBA test stand and training with the trade in of our current Scott IIA SCBA units. Roll Call: Ayes: Unanimous Noes: None Motion carried. Vierling/Lebens moved to offer Resolution No. 2849, A RESOLUTION AMENDING RESOLUTION NO. 2817 ADOPTING THE 1988 BUDGET, and moved its adoption. Motion carried unanimously. Lebens/Clay moved to direct City Staff to fill in the excavation and knock off the top row of blocks at 1210 Polk Street. Also keep an accurate record of expenses to be taxed against the property. (Approved under consent business) . The City Administrator reviewed the background of the acquisition of a trail easement from Robert Sweeney by the Department of Natural Resources. Mr. Robert Sweeney stated that he is trying to get a permit from the DNR and he needs a permit from the City as well. He wants to .get permission to deposit the silt dredged in the ravine at the end of Bluff Avenue in Huber Park. Vierling/Wampach moved to- direct the appropriate City officials to enter into negotiations with Bob Sweeney for the purpose of acquiring a trail easement across his property in exchange for a dredging dump permit on City property and the Vacation of Market Street and Minnesota Street north of Bluff Avenue. Motion carried unanimously. City Council December 15, 1987 Page 3 Vierling/Lebens moved to direct the appropriate City staff to negotiate a trail easement with the DNR. Motion carried unanimously. The City Administrator reviewed the ice skating rink lighting. Vierling/Clay moved to authorize the installation of an exterior button switch system for activating skating rink lights at Stans _ Park during controlled evening hours with a pre-set amount of 60 minutes and not to be on after the hour of 11- p.m. to be installed as soon as possible. Roll Call: Ayes: unanimous - Noes: None Motion carried. Lebens/Clay moved to authorize the police Department to purchase two radar units from Rustom Electronics Inc. , at a cost of $3 ,540. 00, and declare radar unit AA2290 surplus property. (Approved under consent business) . Lebens/Clay moved to authorize the police department to purchase two Motorola mobile radios at a cost of $1, 650.00, using 1988 capital egm_ipment funding to accept delivery in 1988. (Approved under consent business) . Lebens/Clay moved to authorize the proper City officials to execute a farm lease with Gene Hauer for the Memorial Park land for 1988 under the same terms and conditions as 1987. (Approved under consent business) . Lebens/Clay moved to authorize and direct proper City officials to enter into an agreement with Jack Brambilla and Bergsted Properties for a municipal parking lot permit for 1988 for Black Arrow parking lot at $12. 00 per parking space. (Approved under consent business) . The City Engineer introduced Bob Freegard, representing Orr- Schelen-Mayeron who will be appointed acting City Engineer effective January 1, 1988. The City Engineer reviewed a sidewalk replacement/repair policy which could provide cost-sharing by property owners. Any policy or ordinance regarding sidewalks is difficult to be equitable as sidewalks have been treated differently historically within the City. Lebens/Vierling moved to table discussion on formulating a sidewalk replacement/repair policy until March, 1988. Motion carried unanimously. MEMO TO: Mayor and City Council / G ,il: : John K. Anderson, City Administrator RE: Acquisition of a Trail Easement from Robert Sweeney by the Department of Natural Resources DATE: December 9, 1987 - Introduction The Department of Natural Resources (DNR) , the City and Robert Sweeney have been involved in three way negotiations for many months now in an attempt to find a mutually beneficial agreement that would enable Mr. Sweeney to improve his marina and the DNR to extend the HuberParkTrail east from the Community Recreation building to Murphy's Landing or beyond. Backaround - - The three parties in this discussion have had numerous meetings - during which a large number of alternatives have been discussed. In late October Mr. Sweeney decided that he could not make satisfactory progress in negotiations with the DNR and he drafted two separate requests and submitted them to the City (attached letters dated October 19, 1987) . In the first letter Mr. Sweeney has asked that we assist him in the vacation of Market Street and Minnesota Street north of Bluff Avenue. In the second letter Mr. Sweeney has asked permission to place dredgings from his marina b;sin at the west end of Bluff Avenue in Huber Park. Mr. Sweeney is asking that we separate these requests from the three way negotiations so that he can move forward with plans for marina improvements in 1988 without having to wait for a final agreement with the DNR. The DNR, in the attached letter dated December 9, 1987 , has now decided to forego negotiations for the trail easement and to attempt to acquire all of Mr. Sweeney' s property that lies within attempt floodplain. Underlvina Interests - It is clear from the three way negotiations that the DNR would prefer to own all of the property thus maximizing its control over the environment through which the trail will be constructed. - The City would enhance its ability to attract tourists during the summer if the Huber Trail were completed and it would be an asset to downtown redevelopment. It is also clear that Mr. Sweeney wishes to redevelop the marina which would keep it on the tax rolls and potentially provide another summer recreational attraction for the community and for the downtown redevelopment. 1 It is the City staff ' s opinion that should the DNR or Mr. Sweeney be able to maximize their goals one of the two projects would not go forward. Therefore, the City has negotiated to seek an agreement that would allow both projects to go forward. If we assist the DNR in maximizing their goals we forego the potential of Mr. Sweeney' s development. If we assist Mr. Sweeney, as he has requested in his October 19th letters, we may forego the possibility of the DNR extension of the Huber Park trail. City Council needs to determine if it wants to maintain the three party negotiations. This has the potential of being slow and frustrating for all three parties. If Council simply wishes to assist Mr. Sweeney or the DNR in pursuing their individual interests the issue may be much simpler to resolve, however, .one party may be left out of the solution. Alternatives 1. The City can take action on either one or both of Mr. Sweeney' s requests as outlined in his October 19th letters. 2. The City can sit back andallow the DNR to go through its formal acquisition procedures in an effo=t to acquire all of Mr. Sweeney' s property within the floodplain. 3 . The City can continue to seek a mutually acceptable agreement that would allow both projects thus maximizing the benefit to the City. Under this alternative an idea that has not been discussed in a joint meeting, but one that I have proposed to both parties, would have the City acquire an easement for the trail across Mr. Sweeney' s property. The City could in turn lease the trail easement to the DNR for one dollar. This would allow for the construction of a trail that. is acceptable to Mr. Sweeney, not technically acceptable to the State, but implementable because the City holds the easement not the State. This particular approach has the following advantages and disadvantages. Advantages: a. Mr. Sweeney is seeking a dredging site and street vacations from the City not the DNR. Therefore, it is more logical for him to trade easements with the City. b. The DNR will be constructing the trail on other portions of City property (e.g. Huber Park) so the construction of the trail across a City easement should not be dramatically different. C. Mr. Sweeney should be able to construct his marina with the street vacations and dredging site provided by the City without further land or easement trades with the DNR. , . 9C' d. There has been some question about the ability of Mr. Sweeney to actually complete his marina proposal and turn it into a viable commercial operation. under this proposal- should Mr. Sweeney fail to make the project work, the option is still open for the DNR to attempt to buy all the land from Mr. Sweeney and .for Mr. Sweeney to sell the property to the DNR or anyone else. Disadvantages: a. The City, as owner of the easement, would have additional liability exposure should _ there be an accident at this location on the trail. The City does _ not need to acquire insurance and our exposure on this easement should be no more or less dramatic than our exposure along the trail which lies in Huber Park. b. The City will have to enter into an easement agreement with the DNR that would not otherwise be required so that the DNR can construct and maintain the trail. Recommendation Staff recommends alternative No. 3 for the reasons discussed above. Action Requested 1. Direct the appropriate City officials to enter into negotiations with Bob Sweeney for the purpose of acquiring a trail easement across his property in exchange for a dredging permit on City property and the vacation of Market Street and Minnesota Street north of Bluff Avenue. 2. Direct the appropriate City staff to negotiate a trail easement with the DNR. JKA/jms qa MEMO TO John K. Anderson, City Administrator FROM: Dave Hutton, City Engineer W SUBJECT: Hauer' s 4th Addition - Change Order to Project 1987-12 and Resolution No. 2895 DATE: May 13 , 1988 INTRODUCTION: This memo addresses additional street improvements within Hauer' s 4th Addition. BACKGROUND: On August 25 , 1987 a feasibility report was prepared for street, sanitary sewer, watermain, and storm sewer improvements within Hauer' s 4th Addition. This report basically covered portions of Limestone Drive, Jasper Road, and 13th Avenue (Vierling Drive) . The report was accepted and subsequently, plans and specs were prepared and a contract was awarded to complete the improvements. The developer has waived all rights to a public hearing and to appeal their assessment for this project. The developer has also signed an agreement with the City of Shakopee ( dated April 21 , 1987) and in that agreement the developer selected Plan B ( which provides for the City to complete the improvements) for 13th Avenue and portions of Limestone Drive, Jasper Road, Onyx Drive, Emerald Lane and all of Jade Circle. At the time the current contract was being prepared, the developer did not exercise his option for the City to construct Onyx Drive, Emerald Lane and Jade Circle because it wasn ' t critical to the immediate development and the developer was considering improving those streets under his own separate contract. The developer has now requested that the City of Shakopee complete the improvements on those streets via a change order to our existing contract. By state statute, the maximum amount we can increase a contract by is 25% . To finish all improvements on these streets ( pavements , utility , etc. ) would bring our contract close to that 25% maximum increase. The estimated cost to complete those streets is $131 ,000.00 , which is 25% of our contract. Staff has attached a formal change order with this memo for Council approval. Hauer' s 4th May 13, 1988 Page 2 To ensure that we do not exceed our 255 , the Engineering Department will closely monitor the work and quantities and if there is the possibility of exceeding our contract by more than 255 , we will eliminate part of the work from these additional streets (such as the final lift of asphalt) from our contract and require the developer to finish those streets with his own contract. The developer has indicated that by improving these streets under our contact will be more financially feasible to him than by completing these streets under his own contract , but if the Council denies his request, he is prepared to proceed with the improvements under a separate contract. The City Clerk has informed me that the required resolutions for improvements under the 429 Statutes for this development were only passed for the streets under our current contract, namely Limestone Dr. , Jasper Road and 13th Avenue. Therefore, staff has prepared Resolution No. 2895 receiving a report, approving plans and specifications and ordering improvements for Jade Circle, Onyx Drive and Emerald Lane all located in Hauer' s 4th Addition. The original feasibility report done by Ken Ashfeld for those streets currently being constructed under our contract was fairly straight forward and basically consisted of a cost estimate, with 1005 of the costs of Limestone Drive and Jasper Road and all costs for 13th Avenue abutting Hauer' s 4th being assessed to the developer. ( A copy of the report is attached) . Staff concludes that adding Jade Circle, Onyx Drive and Emerald Lane would just be an extension of that original feasibility report. All costs wold be assessed back to the developer and the proposed improvements are feasible and will result in an improvement to the benefitting properties within Hauer' s 4th Addition. The final plat for Hauer' s 4th Addition has previously been approved by City Council. Plans and specifications for all of the street improvements in Hauer' s 4th Addition were submitted and approved at the same time, prior to our contract being bid. TC( Hauer's 4th May 13 , 1988 Page 3 ALTERNATIVES: 1 . Approve the developer ' s request for adding the street improvements to Jade Circle, Onyx Drive and Emerald Lane by approving Change Order No. 1 to Contract 1987-12 and pass Resolution No. 2895 . 2. Deny the developer' s request. RECOMMENDATIONS: Staff recommends Alternative No. 1 , to add Jade Circle, Onyx Drive and Emerald Lane improvements to Contract 1987-12 by Change Order No. 1 and pass Resolution No. 2895. ACTION REQUESTED: 1 . To approve Change Order No. 1 for Contract 1987-12 providing additional street improvements to Hauer' s 4th Addition not to exceed 25% of our original contract. 2. Offer Resolution No. 2895 , A Resolution Receiving a Report, Approving Plans and Specifications and Ordering an Improvement to Roadway, Watermain, Sanitary Sewers and Storm Sewers on Jade Circle, Onyx Drive and Emerald Lane all Located in Hauer' s 4th Addition, Project No.1987-12 and move its adoption. DH/pmp HAUERS l.L1A VII = Change Order No.: 1 Project Name: Vierlina Dr. Street improvements Date: May 12, 1988 Contract No.: - 1987-12 Original Contract Amount $ 577,758.56 Change Order(s) No. - thru No. $ — Total Funds Encumbered Prior to Change Order $ 527,758.56 Description of Mork to be Added: Additional public improvements in Hauer-s 4th Addtn. combined with any future change orders totaling 251 of the contract or $131,000.00 as sham on approved plans and specifications on file. The above described work shall be incorporated in the Contract, referenced above, under the same conditions specified in the original Contract as amended unless otherwise specified herein. Any work not so specified shall be performed in accordance with the Standard Specifications adopted by the City of Shakopee, Minnesota. The amount of the Contract shall be decreased by $ 131 .000.00 The number of calendar days for completion shall be increased by 45 Original Contract Amount $ 527.758.56 Change Order(s) No. 1 thru $ 131,000.00 Total Funds Encumbered $ 658,758.56 Completion Date: July 30, 1988 The undersigned Contractor hereby agrees to perform the work specified in this Change Order in accordance with the specifications, conditions and prices specified herein. Contra r S• ] s" S�nS 1 By: w Date: 5-/3 -ET APPROVED AND COMlffI i Ci y Engineer Date APPROVED: City of Shakopee By: Approved as to form this Mayor Date day of 19 — City Administrator Date City Attorney City Clerk Date EXHIBIT A �a Aauer2 S. M. RENTERS 6 SONS. iNC. PRWEC! HAUERS FOURTH onase ]] BI➢ ITEM, DESCRIPTION UNIT QUANTITY PRICE TOTAL 1@-;2' DEPTH LF 1016 12.79 12994.64 12-14' DEPTH LF 3@9 12.79 3952.11 ._._-- MH OfIR' DEPTA- ER 6-1150.P0 -- 6900.00 -._ ___-_. MH EXTRA DE7;H L 9 74.00 666.00 - 4' NYE SERV. CONNECT EA 28 44.46 1244.88 4"-SEVER-SERV-PIPE-LF 122570:40-12740.00 -- -- - - -- SUB TOTAL 38497.63 STREETG SUBGRADE PREP STA 15 7@.00 1050.00 _ ASG BASE Cl 5-11003 LRF-TON-2240-6.07-135%.80 - - ---- BIT NAT FOR MIX TON F2 183.00 4026.00 BASE COURSE N11 TON 505 9.85 4974.25 FIT NAT FORNlf TOA 30-183.00 5430.00 - - - - WEIR COURSE MIX TON 505 11.35 5731.75 CONE SJRVUWTW-E C 6 6 LF 3231 4.40 14216.4@ CGNC"CB�G-0618 -Lr 62 4:65-280.30 -- SUB TOTAL 49373.50 STORM SEWER 18' RCD CL i:] 36 20.95 754.20 24" RCS CL7III--18324:10--44I0.30- CONSTRUCT CB DESIGN 6 2 825.00 1650.00 - -511Bi➢TAO____ - ---_ ._6814.50 ._-_. _ 6RTERM91K 6�DIP C,--: - 1600-12.56-2041%.00 - -_-- 6' RESILIENT gJiT 6V c 1 349.10 1745.50 HYDRANT 3 1850.00 3150.00 -.. ---3/4" CU. WATER SERVICE "?u ----7.75 -_..0827.25 _ 314" SERVICE GROUP 28 91.61 2565.08 FITTINGS 835 1.17 976.95 SUBTOTAL 37360.70 GRAND TOTi! FEASIBILITY REPORT FOR SANITARY SEWER, WATER SYSTEM, .. STORM SEWER AND STREETS - WITHIN HAUER'S 4TH ADDITION CITY OF SHAKOPEE 5 1 i ,x I ,berebey certify that this plan, specification, or report was .- prepared by me or under my direct supervision and that I am a - duly Resistered Professional Engineer under the laws of the State -r of Minnesota. z �. Date — Registration No. 16185. - r a { AUGUST 1987 f -- INTRODUCTION This report will address sanitary sewer , water system , storm sewer, and street improvements within Hauer ' s 4th Addition within the City of Shakopee. PROJECT AREA The project area consists of Vierling Drive and portions of Limestone Drive and Jasper Road within Hauer' s 4th Additions. PROPOSED IMPROVEMENTS The proposed improvements consist of sanitary sewer, watermain , and streets on Jasper Road and Limestone Drive . Proposed improvements along Vierling Drive consist of sanitary sewer , trunk watermain , storm sewer, storm water retention and a collector street of nine ton design and urban , four-lane characteristics. Also proposed along Vierling Drive is concrete sidewalk , boulevard trees and street lighting . At the intersection of Vierling Drive with County Road 16 , turn lanes and 'bypass lanes will be constructed on C. R. 16. Vierling Drive carries Municipal State Aid designation and is classified as a collector street. ESTIMATED COSTS AND COST SHARING The following is a summary of estimated costs for each major item of the proposed improvements. Sanitary Sewer The estimated cost for the sanitary sewer is as follows: Construction Cost $49,000 .00 Contingencies (100) $ 4 , 000 .00 Subtotal $53,900.00 .Indirect Costs (250) $13. 500.00 ` TOTAL- $67 ,400.00 6j The costs attributable will be 1000 assessed to the benefitting lots within Hauer' s 4th Addition. 1 Water System The water system is a 16 inch trunk facility with the following estimated costs. Construction Cost $126 , 800.00 Contingencies ( 1010) $ 12. 700 .00 Subtotal $139 , 500.00 Indirect Costs (2510) $ X4 . 000 . 00 TOTAL $174 ,400.00 Since this is a trunk facility , Shakopee Public Utilities Commission has a policy of paying for all oversizing costs. The project cost will have the following estimated participation. Assessed Cost $78,500 .00 `1'7 SPDC Cost $95, 900.00 The water system trunk charge will be paid by the developer directly to Shakopee Public Utilities. Storm Sewer & Storm Water Retention The Droposed storm sewer will serve Vierling Drive as well as adjacent developable property. State aid will fund that portion of the storm sewer costs attributable to Vierling Drive . The amount of the state aid eligibility will be calculated by the hydraulics department of Mn/DOT during plan review . The remaining portion of the cost will be assessed to the henefitting lots of Hauer' s 4th Addition. A storm water retention pond is proposed along the south side of Vierling Drive . This detention facility will maintain pre- development runoff discharge rates until which time runoff can be accommodated by the Shakopee Bypass. At the time that Mn/DOt permits discharge to the bypass ditches and further development is proposed south of Vierling Drive , the detention facility can be eliminated. The estimated cost of the storm sewer system is as follows: Construction Cost $105, 800.00 Contingencies (1010) $_ 10. 600.00 _ Subtotal $116,400.00 Indirect Costs (2510) $ ?0. 100 .00 - TOTAL $145,500.00 The amount to be funded by state aid and the amount to be assessed will be determined by Mn/DCT. 2 Streets The estimated costs for street construction of Jasper Road and Limestone Drive is as follows : Construction Cost $17 ,200.00 Contingencies (100) $ 1 .700.00 Subtotal $18 , 900.00 Indirect Costs (25%) 5 4 .700. 00 TOTAL 523,600.00 This cost will be 1000Passessedagainst the abutting, benefitted lots within Hauer' s 4th Addition. The estimated costs for 13th Avenue is as follows: Construction Cost $391 ,400.00 Contingencies (100) $ '4° . 100.00 Subtotal $430,500.00 Indirect Costs (250) $107. 600 .00 TOTAL $538,100.00 The City has a policy of funding that portion of the street costs attributable to functional classification. In addition, the City agreed to pay 1000 of that portion of 13th Avenue that is not abutting Hauer' s 4th Addition which is approximately the easterly 900 feet. All City participation will be funded by state aid. The street improvement costs will be shared as follows : City Cost $398, 100.00 Assessed Cost $140,000.00 j ASSESSMENTS The developer of Hauer' s 4th Addition petitioned for the proposed improvements waiving all rights of public hearings and assessment appeal rights . The estimated project costs include assumed contingency and indirect costs. It is anticipated that all improvements will be made prior to adopting assessments , . therefore, actual costs can be assessed. The developer provided for the cost of plan development . Therefore , when ;incl assessment amounts are calculated , plan development will not appear. For the purposes of determining the feasible nature of this project, all costs have been included, proposed as well as costs already absorbed by the developer. 3 SUMMARY The proposed improvements are feasible and will result in an improvement to the benefitting properties within Hauer ' s 4th Addition as well as to the general motoring public . r 4 1 f W. l7 1I � � S t � � �t RESOLUTION NO. 2895 A Resolution Receiving a Report, Approving Plans and Specifications and Ordering an Improvement for Roadway, Watermain, Sanitary Sewers and Storm Sewers on Jade Circle, Onyx Drive and Emerald Lane all Located in Hauer's 4th Addition Project No. 1987-12 WHEREAS, the developer of Hauer's 4th Addition has requested that the City add the improvement of Jade Circle, Onyx Drive and Emerald Lane by street construction, sanitary sewer, watermain and storm sewer to the existing contract for street improvements to 13th Avenue, Jasper Road and Limestone Drive; and WHEREAS, a report has been prepared by Ken Ashfeld, former City Engineer, with reference to the feasibility of other street improvements within Hauer's 4th Addition (namely 13th Avenue, Jasper Road and Limestone Drive) received by Council on September 1, 1987; and WHEREAS, the proposed improvements on Jade Circle, Onyx Drive and Emerald Lane are deemed an extension of that feasibility report; and WHEREAS, the Council has accepted plans and awarded the contract for street improvements to 13th Avenue, Jasper Road and Limestone Drive, all located within Hauer's 4th Addition and the city Engineer has reviewed and accepted plans and specifications for all remaining street improvements in Hauer's 4th Addition, including Jade Circle, Onyx Drive and Emerald Lane; and . WHEREAS, the Council has received a petition dated June 1, 1987 signed by all owners of the property abutting said improvements waiving their right to a public hearing and their right to assessment appeal; and WHEREAS, the developer has signed an agreement with the City of Shakopee on April 21, 1987 for public improvements in Hauer's 4th Addition and in said agreement the developer has selected Plan B improvements which provides that the City install the improvements in Jade Circle, Onyx Drive and Emerald Lane and assess the costs back to the developer owning the property to be benefitted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such improvements are hereby ordered as proposed. 2. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer are hereby approved. 3. The work of this project is hereby designated as part of the 1987-12 Public Imporvement Program as -long as the additional work does not increase the existing contract with S.M. Hentges & Sons, Inc. by more than 25%. 4. David Hutton, City Engineer, is hereby designated as the engineer for this improvement. 5. Proper City Officials are authorized to sign a Change Order for Contract 1987-12 to provide for the additional improvements. 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 1988. City Attorney 9e MEMO TO: John K. Anderson, City Administrator n FROM: John H. Delacey, Engineering Tech. III SUBJECT: Downtown Streetscape Project No. 1987-3 DATE: May 10 , 1988 INTRODUCTION: Council action is requested regarding two sanitary sewer line - extensions on the above referenced project. BACKGROUND: Engineering is requesting that Council approve two sanitary sewer extensions as shown on Attachment "A" . The sewer extension going south from 2nd Avenue on Atwood is needed to provide an adequate service to Reis ' Plumbing and the property at 212 S. Atwood Street. At this time both properties are served by one 6" clay service line. It has been the City' s policy on this project to replace all clay service lines to the property line of each property instead of replacing the 6" line with a new 6" service. Engineering proposes to install an 8" PVC mainline far enough to service Reis' Plumbing and 212 S. Atwood Street with each property having an individual service line. This would allow the elimination of a 6" service line serving two properties that has a length which makes it difficult to maintain. Engineering is also recommending the extension of an existing sanitary sewer mainline between 1st Avenue and 2nd Avenue. Plans are under way for the elimination of the spur lines between Fuller and Scott. Engineering feels that this will make the property on the west side of Atwood "Developable" . In order to be developed, sanitary sewer must be provided for this lot. That is the reason for the sanitary sewer extension. Water service can be provided by crossing the railroad tracks to the watermain on the south side of 2nd Avenue between Atwood and Scott. This can be accomplished by "auguring" underneath the tracks , a construction practice that cannot be used in sanitary sewer construction. Engineering estimates the cost for line and related items south of 2nd Avenue to be $10 , 935 .50. The sewer extension between 1st and 2nd is estimated at $7 ,456 .50. The total cost for the two sewer line extensions is $18 ,392.00. The reason for the higher than normal cost is due to anticipated rock excavation. I have talked with Greg Voxland regarding available monies in the Sanitary Sewer Fund . At this time there is an unencumbered amount of $270 ,000 .00 not including a $500 .000.00 reserve. Downtown Streetscape May 10 , 1988 Page 2 I have also discussed the possible assessments for the sewer extensions with Jack Coller. According to Jack, the City cannot assess Reis' s property or the owners of the property at 212 S. Atwood Street because they already have sewer service . Engineering is recommending that the sewer extension between 1st and 2nd to service the property vacated by the spur lines be assessed to the benefited parties. ALTERNATIVES: 1 . Authorize staff to have the City's contractor (Hardrives, Inc. ) install the two sanitary sewer extensions as shown on Attachment "A". 2. Authorize staff to have the City' s contractor install the sanitary sewer line south of 2nd Avenue servicing Reis ' Plumbing and Atwood Street only. - 3. Authorize staff to have the City's contractor extend the sanitary sewer line to service the land vacated by the Soo Line's spur tracks only. 4. Do Nothing. RECOMMENDATION: Staff recommends Alternative No. 1 REQUESTED ACTION: 1 . Authorize staff to instruct the City ' s contractor ( Hardrives, Inc . ) to install a sanitary sewer line to service Reis ' Plumbing and 212 S. Atwood Street -at an estimated cost of $10 ,935 .50 . 2. Authorize staff to instruct Hardrives, Inc. to extend the sanitary sewer line between 1st and 2nd Avenue to service the land vacated by the Soo Line ' s spur tracks at an estimated cost of $7 ,456 .50. - JHD/PHP LINE LA . ,00 s_a.:�. I m LA _---- -----OND XlW�A� Q ry G Z cress - 1 I ATTACHMENT A MEMO TO: John K. Anderson, City Administrator FROM: John H. DeLacey, Engineering Tech. III 4 SUBJECT: Downtown Streetscape, Project No. 1987(2 Change Order No. 6 DATE: May 13 , 1988 INTRODUCTION: A change order is needed for the above referenced project. BACKGROUND: When the City requested bids for the Downtown Streetscape Project, it was decided to include Part I and Part II of Phase I all under one contract even through Part II plans were not completely finished. This change order is needed to adjust the contract quantities to the completed plans. I have enclosed an abstract of Part II quantities that shows the original estimate, the revised estimate, and the difference to the contract. The numbers in parenthesis show a net reduction while numbers without any markings show a net increase. Also included in this change order is a cost for the removal of the existing 28 bollards and board in the Second Avenue Parking Lot. The amount for this work is $325 .00. These bollards were installed prior to the Downtown Streetscape Project. Staff feels that the bollards should be made to match the bollards in the Downtown Streetscape Project. The revised estimate reflects the new bollards and' chain. The $325 .00 is for existing bollards and board removal only. Staff is also looking into the possibility for the bollards that are being removed be utilized at Tahpah Park to prevent cars from driving off of the west end of the parking lot onto the gravel and grass areas. In a previous memo from Barry Stock, he had mentioned that staff would be asking City Council to approve a change order for a retaining wall on Holmes Street in front of the bank drive-up. Now, due to modifications that the First National Bank is proposing to do to their parking area, little or no retaining wall will be required. Staff will come back to Council with a memo when further information is available. Staff has also anticipated to include in this change order request, extra work on the sanitary and storm sewer. We had requested prices from Hardrives, Inc . ' s sub-contractors and we are not satisfied with the prices given. At this time we are in negotiations with Hardrive' s sub-contractor and we plan to come to Council with a change order at the June 7th meeting. I would also like to point out to Council that the revised estimate does include the sanitary sewer extension work requested on Atwood Street. Downtown Streetscape May 13 , 1988 Page 2 ALTERNATIVES: 1 . Approve Change Order No. 6 in the amount of $30 , 111 .45 reduction to the contract including the removal of the existing bollard in the Second Avenue Parking Lot. 2. Approve Change Order No. 6 excluding the removal of the existing bollards in the Second Avenue Parking Lot. 3. Approve Change Order No . 6 excluding the sanitary sewer extension work on Atwood Street. RECOMMENDATION: Staff recommends Alternative No. 1 . REQUESTED ACTION: Authorize Change Order No . 6 in the amount of $30 , 111 .45 reduction to the contract for the Downtown Streetscape Project No. 1987-2 to Hardrives, Inc. , 7200 Hemlock Lane N. , Maple Grove, MN 55369• JHD/pmp N06 ChANUt URUth y, ' Change Order No.: 6 Project Name: Downtown Streetscaoe Improvement Date: _May 13, 1988 Contract No.: 1987-2 Original Contract Amount $ 2.186.457.65 Change Order(s) No. 1 thru No. 1_ $ 51 ,870.80 Total Funds Encumbered Prior to Change Order $ 2,238.328.45 Description of Work to be Added: - Removal of existing bollards in Second Avenue Parking Lot. Update Quantities for Part II, Phase I The above described work shall be incorporated in the Contract, referenced above, under the same conditions specified in the original Contract as amended unless otherwise specified herein. Any work not so specified shall be performed in accordance with the Standard Specifications adopted by the City of Shakopee, Minnesota. The amount of the Contract shall be decreased by $ 30.111.45 The number of calendar days for completion shall be increased by WA . Original Contract Amount $ 2,186,457.65 Change Order(s) No. 1 thru 6 $ 21 .759.35 Total Funds Encumbered $ 2.208.217.00 Completion Date: No Change to Interim or Final Completion Date The undersigned Contractor hereby agrees to perform the work specified in this Change Order in accordance with the specifications, conditions and prices specified herein. 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Anderson, City Administrator I 1 FROM: David Hutton, City Engineer—�J� rvt SUBJECT: Atwood Street Spur Track Removal DATE: May 17 , 1988 INTRODUCTION: Attached is a 3-party agreement between the Soo Line Railroad, City of Shakopee and Rahr Malting Company regarding the spur track removal, replacement of storage track and the closing of Apgar Street. BACKGROUND: At the May 3 , 1988 Council meeting staff provided a status report regarding negotiations between the City, the Soo Line Railroad, and Rahr Malting Company concerning the removal of spur tracks thru Atwood and Scott Streets, the closing of Apgar Street and replacement of storage track for Rahr Malting Company. At that meeting, the City Council took preliminary action in favor of closing Apgar Street depending on the final terms of the negotiations and -proposed agreements. Attached is a copy of the proposed 3-Party agreement which has already been signed by representatives of Rahr Malting Company and the Soo Line Railroad. Basically, the agreement covers the following points: 1 . The Soo Line Railroad will remove the spur tracks thru Atwood and Scott Streets at no expense to the City. 2. The Soo Line Railroad will make all necessary improvements to the internal track system of Rahr Malting by adding cross-overs to ensure all existing train movements can be maintained with the loss of the spur trackage at no cost to the City. 3 • The City will agree to close Apgar Street to thru traffic by June 15th. The agreement also indicates that the City will vacate their right-of-way thru the crossing, for a distance rof 20 feet from the center of the tracks. 4. Rahr Malting Company will lose approximately 600 feet of storage track between Scott and Atwood Streets . The railroad agrees to replace that storage track for Rahr Malting Company at some future date whentheyrequest it. The City agrees to pay for 360 feet of the replacement track at $45 .00 per track foot for a total cost of $16 ,200 .00 if the track is replaced within 5 years. This is the maximum amount it would cost the City. Any additional storage track exceeding 360 feet will be paid for by the Rahr Malting Co. ,?af- Railroad Tracks May 17 , 1988 Page 2 5 . The small triangular portion of the railroad right-of-way near 2nd Avenue and Atwood would be sold to the City for a lump sum of $3,500.00 . This area is approximately 3 ,200 sq. ft. , so the purchase price is around $1 . 10/sq. ft. This area is needed for 2nd Avenue street right-of-way. The City would have until August 1 , 1988 to close the transaction on this parcel ( ie. prepare the deed, obtain appraisals, etc. and any other procedures that would need to be followed for obtaining public right-of-way. ) For comparison purposes, the following table shows costs incurred by the City in purchasing other railroad properties: Total Area Purchase Cost Company Date So .Ft. Price Per SP .Ft. • Milwaukee Road 1981 18 , 109 Sq.Ft. $10,000 $.55/Sq.Ft. • Chicago,Milwaukee 1984 9,594 Sq.Ft. $ 5,000 $.54/Sq.Ft. St. Paul Pacific Northwestern Bell 1984 4,262 Sq.Ft. $15,000 $3.54/Sq.Ft. { Note: These railroads had already abandoned the right-of-way prior to selling the property to the City. One additional note is that the closing of Apgar at the railroad tracks would necessitate the redesignation of our State Aid Street system. Currently, Apgar Street, from 6th Avenue to 1st Avenue is designated as a MSAS street and since the MSAS system must be contiguous a "gap" would not be permitted in the system at the railroad tracks. Staff has discussed this matter with the District State Aids Engineer and the City could apply for a redesignation of state aid streets. This does not appear to be a real problem, although more than one alternative may have to be sent thru Mn/DOT before we get final approval on the redesignation of the MSAS streets. The simplest alternative at this time is to request that the identical section of Scott Street (6th to 1st) be designated as a state aid street instead of Apgar. Any other modifications to the MSAS system can be brought up to Mn/DOT at the time we . certify our mileage for next years allotment. As indicated previously , both the Soo Line and Rahr Malting Company representatives have signed this agreement. Railroad Tracks May 17 , 1988 Page 3 ALTERNATIVES: 1 . Approve the conditions set forth in the agreement and authorize the appropriate City officials to execute the agreement. 2. Authorize staff to renegotiate any items in the agreement that Council would like changed. 3. Refuse the agreement and authorize staff to prepare a counter agreement. RECOMMENDATION: Staff recommends Alternative No. 1 , to enter into an agreement with the Soo Line Railroad and Rahr Malting Company to close Apgar Street and remove the spur tracks in Atwood Street and Scott Street. Staff would also like to commend Mr. Jerry Pinkepank, Assistant Vice President-Operations, of the Soo Line for the tremendous effort and time spent over the last two weeks in expediting this matter and working out all the details of the agreement. If Council agrees, staff feels a letter of acknowledgement to Mr. Pinkepank would be in order. ACTION REQUESTED: 1 . Authorize the appropriate City officials to enter into the agreement between the Soo Line Railroad and Rahr Malting Company regarding the closing of Apgar Street, removal of spur tracks in Atwood A Scott Streets and the replacement of storage track within the Rahr Malting Company property. 2. Authorize the appropriate City staff to send a letter to Mr. Jerry Pinkepank, of the Soo Line Railroad on behalf of the City Council acknowledging his efforts in expediting this matter. DH/pmp TRACKS Soo Line Railroad Company Soo Line Building or Room 310 Box 530 Minneapolis, Minnesota 55440 (612)347-8000 OPERATING DEPARTMENT May 16, 1988 Mr. Dave Hutton City Engineer City of Shakopee 129 East First Avenue Shakopee, MN 55379 Dear Dave: Attached is a single copy, executed on behalf of Rahr Malting Co. and Soo, of the tri-partite agreement we have discussed for the removal of our trackage from Atwood and Scott Streets in return for the closing of Apgar Street. If this agreement is satisfactory to the City, kindly have it executed on the City's behalf and retain a photocopy. I£ you will return the fully executed original to me, I will then make a photocopy for Rahr as well. As soon as I have the fully-executed copy back from you, I will have Tom Parsons, our Regional Engineer, get in touch with you to develop a mutally convenient date and method to handle the removals. Si cerely, A. Pinks ank Assistant V ce President Operations Analysis Y� TRACK REMOVAL AND CROSSING CLOSING AGREEMENT THIS AGREEMENT, dated May 16, 1988, is between Soo Line Railroad Company, a Minnesota Corporation (hereinafter called SOO) , Rahr Malting Co. , a Delaware Corporation (hereinafter called RAHR) , and the municipality of Shakopee, an incorporated City of the State of Minnesota, hereinafter called CITY. SOO, RAHR, and CITY are sometimes hereinafter collectively referred to as the Parties. RECITALS WHEREAS, CITY desires to remove tracks of SOO from Scott and Atwood Streets and east of Atwood Street to promote public safety, permit street improvements, and avoid unnecessary street maintenance, and WHEREAS, SOO and RAHR desire to have Apgar Street closed to promote public safety, reduce maintenance costs, and simplify switching, and to partially replace the track room which would be lost east of Scott Street, and WHEREAS RAHR desires to cooperate in acheiving these ends, but must protect its present available track room for holding rail cars in order to assure the future needs of its business, and WHEREAS, the Parties have mutually arrived at a plan by which all of these objectives can be served, NOW, THEREFORE, the Parties, in consideration of the promises herein given and received, do agree among themselves 1 as follows: 1. SOO, at its own expense, shall remove its track eastward from the west line of Scott Street to the end of track east of Atwood Street, not later than June 15, 1988. This track removal shall be coordinated with CITY so that CITY can arrange barricades, traffic re-routing, and opening of the street to traffic after the track removal is completed. 2. CITY, at its own expense, shall coordinate with SOO to permit timely track removal under this Agreement, and shall ar- range barricades, traffic re-routing, and the opening of the street to traffic after track removal is complete. CITY shall, at its own expense, provide whatever labor, fill and paving is required for this purpose. 3. CITY agrees that on the day following the day the work described in paragraph 1, above, is completed, CITY shall per- manently barricade Apgar Street between First and Second Streets, and shall vacate same, and convey to SOO all such por- tions of the vacated street as are occupied by tracks of SOO to a distance of 20 feet from the center of the outermost tracks, for $1. 00. 4. CITY agrees that upon request by RAHR, CITY shall pay to RAHR the sum of $16,200 at such time as RAHR has determined what track it desires to construct in lieu of a net loss Of 360 track feet of car storage room resulting from these removals. CITY shall not be obligated to pay these funds until RAHR presents a copy of a fully-executed construction contract for the replacement trackage in question. RAHR shall retain the right to obtain these funds for a period of five years from the 2 p(� date of this Agreement. 5. Soo agrees to sell and CITY agrees to buy whatever in- terest SOO can convey by Quit Claim Deed in the triangular par- cel of land held by SOO in lots 1, 2 , and 3 of Block 21, Original Town, for the sum of $3,500. This real estate transac- tion is to close on or before August 1, 1988. THE PARTIES hereto have caused this Agreement to be duly ex- ecuted on the dates and at the places indicated, and agree that the laws of the State of Minnesota shall apply to its inter- pretation. SOO LINE RAILROAD COMPANY / nC p 1 Date 6 V � by 41401 Executive Vic esident-Operations RAHR MALTING CO. Date / ble by (.T' le) / 'Ll /CITY OF SHAKOPEE Date by (Title) 3 9h MEMO TO: John K. Anderson, City Administrator FROM: David Hutton, City Engineer'-S;;1A'11' SUBJECT: Vierling Drive - County Road 17 to East DATE: May 13 , 1988 INTRODUCTION A BACKGROUND: At their December 15 , 1987 meeting, Council ordered plans and specifications prepared for Vierling Drive, from County Road 17 to the East. The preliminary plans have been reviewed by the Engineering Department and are being revised. We anticipate receiving the final plans a_nd specifications in the near future. Once the -� plans and specifications have been completed, we will be bringing them to the Council for approval and also sending them to Mn/DOT for review. At this time, the Engineering Department would like to begin the right-of-way acquisition process. The first step is to obtain an appraisal report on each property in question. In this case, the entire project affects only one property owner, namely the Scottland Company. (Segment A on the attached Figure 1 ) The Engineering Department is requesting permission to hire an appraiser to prepare the report for the right-of-way acquisition on Viprling-Drive_ - Staff has contacted Peter Patchin and Associates regarding this appraisal work. Due to the fact that only one property owner is involved and since they did the appraisals for the Upper Valley Drainage Project thereby obtaining a lot of the groundwork for this project, they indicated that the report would probably be completed for less than $1 ,000.00. They cannot provide staff with an exact quote without first obtaining the scope of the project and a formal request form the City. In addition, the timing for this project should be considered. If we do not get this project under contract by June 30 , 1988 the City may be in danger of receiving an adjustment to our annual . state aid allotment. To go thru the process of obtaining several quotes on appraisals and select an appraiser will take longer than utilizing an appraiser who is familiar with the area due to other reports. Vierling Drive May 13, 1988 Page 2 ALTERNATIVES: 1 . Utilize Peter Patchin and Associates to prepare the appraisal report for Vierling Drive. 2. Obtain quotes from several appraisal companies and then bring those back to Council for authorization to select one. 3. Do Nothing. RECOMMENDATION: - Due to the timing on this project and to try and expedite the Process, staff recommends Alternative No. 1 to utilize Peter Patchin and Associates to prepare the appraisal reports with a minimum ceiling of $1 ,000 .00 for completing the report. If the quote exceeds that amount, staff will bring the issue back to Council for review. ACTION REQUESTED: Authorize the Engineering Department to proceed with utilizing Peter Patchin & Associates to prepare the appraisal report for Vierling Drive. Staff should first obtain a firm quotation from them. If the quote exceeds $1 ,000 .00, staff is hereby directed to return to Council for additional action. DH/pmp QUOTE aaa a � a � ""✓".�iii!__-� F Sc�T7LANV 1 13TH ' PROPOSED 13TH AVENUE i i � E FIGURE 1 91 MEMO TO: John K. Anderson, City Administrator FROM: David Hutton, City Engineer SUBJECT: Curb Cut Policy DATE: May 11 , 1988 INTRODUCTION: At the May 3 , 1988 Council meeting , staff was instructed to Prepare a formal policy for adoption to establish guidelines for permitting curb cuts (basically driveway openings) . BACKGROUND: The current City Code, Section 7.06, outlines the requirements for permitting the construction and reconstruction of roadway surfacing , sidewalks and curb and gutters . Basically , Subdivision 3 indicates that a permit shall be required and that the City Engineer shall approve of all permit requests. A copy of Section 7 .06 is attached for your reference. The standard City of Shakopee Specifications outline construction requirements, type of materials, width of driveways allowed , inspection, insurance requirements, etc. Neither the City Code or Standard Specifications provide guidelines for where curb cuts will be allowed or denied , location of curb cuts, etc. In the past, this has basically been left up to the City Engineer and property owners were allowed to appeal a decision to the City Council if a curb cut was denied. The attached resolution outlines guidelines for use by the City Engineer and City Council in denying or approving curb cut requests. ALTERNATIVES: 1 . Pass Resolution No. 2891 establishing a policy for curb cut guidelines. 2. Deny Resolution No. 2891 . 3. Modify or revise Resolution No. 2891 reflecting specific concerns of Council members, order staff to make those changes to the policy and pass Resolution No. 2891 contingent on the revised policy. Curb Cut Policy May 11 , 1988 Page 2 RECOMMENDATIONS AND SUMMARY: Staff recommends Alternative No. 1 , to pass Resolution No. 2891 establishing a policy for curb cut guidelines . Staff has attempted to keep the guidelines short and basic since quite often sound engineering judgment is needed to approve of curb cut locations and it would be quite difficult to cover all potential situations in the guidelines. Again, this policy is not intended to stand on it' s own. The City Code and Standard Construction Specifications also require certain procedures to be followed relating to curb cuts. ACTION REQUESTED: Offer Resolution No. 2891 Establishing a Policy for Curb Cut Guidelines as Provided by Section 7.06 of the City Code and move its adoption. DH/pmp SEC. 7.06. CONSTRUCTION AND RECONSTRUCTION OF ROADWAY SURFACING, SIDEWALK, CURB AND GUTTER. Source: City Code Effective Date: 4-1-78 Subd. 1. Design Criteria and Standard Specifications for Construction and Reconstruction of Roadways. Design criteria and standard specifications including details shall be fixed , determined and amended by the Council and adopted by resolution. Such resolution containing the effective date thereof shall be kept on file and open to inspection in the office of the City Administrator and shall be uniformly enforced. Subd. 2. Methods of Procedure. A. Abutting or affected property owners may contract for, construct or reconstruct roadway surfacing, sidewalk or curb and gutter in accordance with this Section if advance payment is..—ade therefor or arrangements for payment considered adequate by the C�a're campleted in advance. B. With or without petition by the methods set forth in the Local Improvement Code of Minnesota .Statutes, presently beginning with Section 429.011, as the same may from time to time be amended. bbd. 3. Permit Required. It is a misdemeanor to construct, reconstruct or remove a sidewalk, curb and gutter, driveway, or roadway surfacing in any street or other public property in the City without a permit in writing from the City Administrator. Application for such permit shall be made on forms approved and provided by the City and shall sufficiently describe the contemplated improvements, the contemplated date of beginning of work, and the length of time required to complete the same, provided, that no permit shall be required for any such improvement ordered installed by the Council. All applications shall be referred by the City Administrator to the City Engineer and no permit shall be issued until approval has been received from the City Engineer. All such applications shall contain an agreement by the applicant to be bound by this Chapter and plans and specifica- tions consistent with the design criteria and standard specifications shall be approved by the City Engineer and shall also accompany the application. A permit from the City shall not relieve the permit holder from damages to the person or property of another caused by such work.- . Source: Ordinance No. 34, 4th Series Effective Date: 11-15-79 -175- (1-1-84) 5 7. 06 r-y Subd. 4. Inspection. The City Engineer shall inspect 1 roadway construction and reconstruction. Any work not done accord- ing to the approved design criteria and standard specifications - shall be removed and corrected at the expense of the permit holder. Any work done hereunder may be stopped by the City Engineer if found to be unsatisfactory or not in accordance with the design criteria and standard specifications, but this shall not place a continuing burden upon the City to inspect or supervise such work. Source: Ordinance No. 137, 4th Series Effective Date : 10-27-83 -SEC. 7_07. WORK IN PUBLIC RIGHT-0F-WAY. It is a misdemeanor for any person, except a City employee acting within the course and scope of his employment, or a contractor acting within the course and scope of a contract with the City, to make any excavation, opening , or tunnel in, over , across or upon a street, or other public right-of-way or easement without first having obtained a written permit from the City Engineer, as herein provided. Subd. 1. Application. Application-for a permit to work in public right-of-way shall describe with reasonable particularity the name and address and phone number of the applicant, the place, the type of work and such other information as may be necessary or desirable and shall be filed with the City Engineer . "\ Subd. 2. Fixing Rates and Charges for Permits for Work J in Public Right-of-Way. All rates and charges for permits for work in public right-of-way shall be fixed, determined and amended by. the Council and adopted by resolution. Such resolution containing the effective date thereof shall be kept on file and open to inspection in the office of the City Administrator and shall be uniformly enforced. Subd. 3. Protection of the City and the Public. A. Non-Completion or Abandonment. Work shall proceed expeditiously to completion in accordance with any time limitation placed thereon so as to avoid unnecessary inconvenience to the public. In the event that work is not performed in accor- dance therewith, or shall cease or be abandoned without due cause, the City may, after six (6) hours' notice in writing to the holder of the permit of its intention to do- so, correct the work, fill the excavation and .repair the public property, and the cost thereof shall be paid by the person holding the permit. - Source: Ordinance No. 95 , 4th Series Effective Date: 5-27-82 B. Insurance. Prior to the commencement of work described in the permit application, the applicant shall take out -� and maintain insurance at his own cost and expense. The insurance shall remain in force from the commencement of the work continually -176- RESOLUTION NO. 2891 .. A Resolution Establishing a Policy for Curb Cut Guidelines as Provided by Section 7.06 of the City Code - WHEREAS, Section 7 .06 of the City Code provides that the City shall have control and supervision of constructing , reconstructing or reviewing of curb and gutters and enforce uniform standards relative thereto, and WHEREAS, any such standards so adopted by the City Council shall be kept on file in the office of the City Administrator and may be opened to inspection by the public. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . No curb and gutter sections shall be removed or replaced without prior approval of the City. 2. The City Engineer shall have authority over issuing curb cut permits as outlined in Section 7.06 of the City Code. 3 • If the City Engineer denies a cut at request, the property owner may appeal the decision to the City Council. 4 . Locations A. For residential properties, no curb cuts will be permitted on collector or arterial streets unless there is no other access for the driveway or unless Council approves. B. Where there is "surmountable" curb and gutter sections, curb cuts are not needed. The property owner shall not replace or modify the surmountable curb and gutter without prior approval of the City Engineer (permit) . C. Only one curb out will be allowed on interior lots for residential zoning. For commercial and industrial areas, additional curb cuts may be permitted at the approval of the City Engineer. D. On corner lots, up to two curb cuts will be permitted with only one opening on each street, unless either street is a collector or arterial. In that case, only one curb cut will be permitted. E. Surmountable curb and gutter is not considered a curb opening. F. Curb cuts shall not be permitted closer than 25 feet to an intersection. G. Curb cuts shall not be permitted closer than 15 feet to a fire hydrant , power pole , tree , sign , or other obstructions.. 5. All curb cuts shall conform to the standard City of Shakopee design specifications and construction specifications. 6. In all cases the City Engineer shall use the best Engineering judgement in evaluating a curb cut request to ensure adequate safety of the traveling public. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this _ day of , Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 19 . City Attorney 9J MEMO TO: John K. Anderson, City Administrator FROM: Dave Hutton, City Engineer SUBJECT: Engineering Department Vehicles DATE: May 13 , 1988 INTRODUCTION: This memo addresses the current status of the Engineering Department vehicles (both permanent and seasonal) as well as future concerns. BACKGROUND: The Engineering Department' s current vehicle status is as follows: Permanent Vehicles A 1982 Chevrolet 5-10 truck A 1983 Ford Ranger truck Seasonal Vehicle (permanent) A 1975 Dodge van used during the inspection season but otherwise stored in the Public Works yard. Temporary Vehicles A 1981 Oldsmobile Cutlass scheduled for auction in August. A 1982 Chrysler Reliant scheduled for auction in August. The current Engineering Department staff consists of a City Engineer, 2 1/2 Engineering Technicians, 2 Seasonal Inspectors and a Part-time Secretary. During the construction season (May thru November) , it is quite common to have 6-8 construction projects going on simultaneously, consisting of both City contracts as well as private subdivision projects, all of which require inspection to ensure conformance to our specifications. Quite often the inspector' s are required to cover more than one project at a time thereby making a vehicle a necessity to adequately perform their duties. Of the current Engineering staff, two full-time technicians and two seasonal inspectors normally handle all the inspection of public works projects. Therefore, during the construction season four vehicles are needed to maintain our current level of inspection standards. In addition, I feel it is imperative that the City Engineer have a vehicle at his disposal to attend meetings , handle citizen requests , resolve problems on Engineering Vehicles April 25 , 1988 Page 2 construction sites, etc. I would also like to mention that a vehicle for commuting purposes was part of my employment offer from the City. In summary, the total number of vehicles required by the Engineering Department during the construction season is five. During the remainder of the year, the two seasonal employees do not work for the City. The normal duties required of staff for work outside of City Hall such as continuing inspections, measurements, surveying, citizen requests , getting easements , etc. would still justify the need for two permanent vehicles for all of the technicians to have at their disposal. Including a full-time vehicle assigned to the City Engineer, the total permanent vehicles needed by the Engineering Department is three. RECOMMENDATIONS: I recommend that the permanent vehicles assigned to the Engineering Department be increased by one to a total of 3 and consist of the current two pick-up trucks and adding a permanent car assigned to the City Engineer. This could be accomplished by withholding one of the vehicles back from the scheduled auction in August at no expense to the existing Engineering Department budget. I also recommend that the permanent seasonal vehicles be increased by one to a total of 2 and would consist of the existing van and also another vehicle withheld from the scheduled auction. This second vehicle could either be one of the cars or else a truck from Public Works that is proposed for the auction. Again, there would be no expense in keeping this vehicle, outside of normal maintenance and insurance costs. These two vehicles would only be used during the construction season and otherwise would be stored. The Capital Improvements Program Committee has also reviewed this request for increasing the Engineering Department vehicles by a total of two (one permanent vehicle and one temporary) and has approved it. Alternatives I . Authorize the Finance Director to withhold two vehicles from the scheduled auction for assignment to the Engineering Department. One vehicle would be permanent (for the City Engineer ) and the other would be seasonal. This would increase the Engineering Department vehicles to a total of five (three permanent and two seasonal) . Engineering Vehicles may 13 , 1988 Page 3 2. Authorize the Finance Director to withhold one vehicle from the scheduled auction for assignment to the City Engineer, thereby increasing the Engineering Department vehicles to four (three permanent and one seasonal) . 3. Do Nothing , thereby leaving the number of Engineering Department vehicles at three ( two permanent and one seasonal) . RECOMMENDED ACTION: I recommend Alternative No. 1 , to authorize the Finance Director to withhold two vehicles from the upcoming auction for assignment to the Engineering Department, increasing the number of vehicles to a total of five (three permanent and two seasonal) . 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D\ VI VI F F w N 2 O .m 0 m G K Z w Z p�pJJ tdA M 9 M ri F' 'G N m G i+ a !n 3 UI K Y 3 0 0 0 0z z o - m w o' m m o m µ Y W C m 1 3w m Y 3 Y m Y cf m m Y W m W m m m m m 1, to z w Y Y y o Y m w Y w c N y m a y w w m y N ro .o iv o rn N F '- yY F N F N O VI w Q\ O w N y �n Y O vl Y N O m vn O T w r NN W y O O O �O O , w O O O n 0 tr F= y 0 0 y r 0 m N O O CONSENT 9� MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Use of Gene Brown Lot for Derby Days DATE: May 10, 1988 INTRODUCTION: The Shakopee Chamber of Commerce in cooperation with the City of Shakopee has been working on coordinating the activities for a new community celebration entitled Derby Days. The celebration is scheduled for Saturday, June 25, 1988 and Sunday, June 26, 1988. The majority of the celebrations events will take place in Downtown Shakopee. In the event of inclimate weather and to shade residents during the celebration, a large tent will be placed in the downtown area. The ideal site for the tent is the Gene Brown lot located on Second Avenue. BACKGROUND: Last year during the construction of Phase I Part I of the Downtown Redevelopment Project, the City of Shakopee entered into an agreement with Gene Brown for the use of his lot. At that time the lot was used for parking purposes. The agreement between the City of Shakopee and Mr. Brown called for a $1.00 fee to be paid to Mr. Brown in the exchange for the use of his property during a specified period of time. Additionally, Mr. Brown was named as an additional insured on the City's liability Policy. (This was done by the insurance carrier at no additional cost to the City. ) Due to the limited amount of space in the downtown area for the proposed celebration, and the fact that the tent we will be leasing is a stake, (we do not want to pound stakes in the bituminous surface of our parking lots) I contacted Mr. Brown to ascertain whether or not he would be agreeable in letting us use his lot for our tent. Mr. Brown was very receptive to the idea under the condition that he could get the same agreement that he had last year for the Downtown Redevelopment Project. I have therefore amended the agreement that was used last year to reflect the dates of the Derby Day celebration and the intended use of the site. As I stated earlier, the site will be used for locating the tent as well as 3 .2 non-intoxicating liquor sales and other food and refreshment sales. Mr. Brown has been informed of the intended use of the site. The 3.2 non- intoxicating liquor vendor (Shakopee Jaycees) will be responsible for obtaining the necessary Dram Shop insurance and public liability insurance as required by the City. Shown in attachment #1 is a copy of the proposed agreement for the use of Mr. Brown's lot. The City Attorney has reviewed and approved the agreement as to form. I£ City Council does not wish to enter into the agreement with Mr. Brown for the use of his lot, we would have no other location for the tent except for City parking lots. While it is possible to place the tent in the City parking lots, it reduces the space needed for the Arts and Crafts booths. We would like to keep all the Arts and Crafts booths on a hard surface in the event of rain. ALTERNATIVES• 1. Direct the appropriate City officials to enter into the agreement with Mr. Brown for the use of his lots for the two day Derby Days celebration. 2. Do not enter into the agreement with Mr. Brown for the use of his lots and have the tent placed in the parking lot located on the NE corner of Second and Lewis Streets. 3 . Do nothing. STAFF RECOMMENDATION: Staff recommends alternative 41. ACTION REOUESTED: Move to direct the appropriate City officials to enter into the agreement with Mr. Brown for the use of his lots during the Derby Days celebration. 9l LEASE AGREEMENT THIS INDENTURE, made this day of 1988, by and between the City of Shakopee, a Minnesota municipal corporation (hereinafter designated and referred to as "Tenant") , and The Gene Brown Agency, Inc. , a Minnesota corporation (hereinafter designated and referred to as "Lessor") . WITNESSETH: WHEREAS, Lessor is the present owner of the fee title to the land located in the County of Scott, State of Minnesota, legally described on Exhibit A attached hereto and made a part hereof and the improvements to be constructed thereon (said land and improvements) being hereinafter (referred as "Premises" or "Demised Premises") ; and, WHEREAS, Lessor desires to lease said Premises to Tenant, and Tenant desires to hire and take the Premises from the Lessor. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for further good and valuable consideration which each of the parties hereto acknowledge as adequate and sufficient, the parties hereto agree as follows: ARTICLE I. DEMISING CLAUSE 1.1 Lessor, for and in consideration of the rents herein reserved, and the covenants and agreements herein contained on the part of the Tenant to be kept, observed and performed, does, by these presents, demise and lease to Tenant, and Tenant hereby hires and lets from Lessor, the Demised Premises, all in accordance with the terms, covenants and conditions herein set forth. 1.2 Tenant shall have and hold the Demised Premises, and all improvements now or hereafter constructed thereon as they shall be, as of the date hereof, without any liability or obligation on the part of Lessor to make any alterations, improvements or repairs of any kind on or about said Demised Premises for the term of the within Lease. Tenant agrees to maintain the Demised Premises and all parts thereof in good and sufficient state of repair. ARTICLE II. TERM 2.1 The term of this Lease shall commence on the 24th day of June, 1988 and shall continue thereafter through and inclusive to 12: 00 o'clock noon on the 28th day of June 1988, unless sooner terminated as herein set fourth. ARTICLE III. RENTAL 3. 1 In consideration of the leasing, aforesaid, and provided said use as set forth in Article IV. continues, Tenant agrees to pay to Lessor total rental in the sum and amount of one and no/100 Dollars($1. 00) . ARTICLE IV. USE 4. 1 The Demised Premises shall be used for purposes of a Community Celebration (Derby Days) Tent location and the sale of 3 .2 non-intoxicating malt liquor, food and other refreshments on, in and about the Demised Premises. Tenant shall not use or occupy the Demised Premises or knowingly permit the Demised Premises to be used or occupied contrary to any statute, rule, ordinance, requirement or regulation applicable thereto, or in any manner which would substantially diminish the value or usefulness of the Demised Premises or any part thereof. ARTICLE V. INSURANCE 5. 1 The Tenant shall, at the Tenant's sole cost and - expense, keep insurance on all improvements upon the Demised Premises, equivalent to the full replacement value thereof against (a) loss or damage by fire and (b) such other risks, of a similar or dissimilar nature, as are or shall be customarily covered with respect to improvements similar in construction, general location, use and occupancy, including, but without limiting the generality of the foregoing, windstorm, hail, explosion, vandalism, riot and civil commotion, damage from vehicles and smoke damage and such other coverage as may be deemed necessary by the Lessor, providing such additional coverage is obtainable and provided such additional coverage is such as is customarily covered with respect to improvements similar in construction, general location, use and occupancy as are, or shall be, constructed on the Demised Premises. These insurance provisions shall in no way limit or modify any off the obligations of the Tenant under any of the terms or provisions of this Lease. 5. 2 The Tenant shall also, at the Tenant's sole cost and expense, but for the mutual benefit of the Lessor and the Tenant, maintain (a) general public liability insurance against claims for personal injury, death or property damage occurring upon, in, or about the Demised Premises and on, inorabout the adjoining lands, streets and passageways, such insurance to afford protection to the limit of not less than the maximum amount for which claim may be made against a municipality, which at the time this Lease is entered into as Six Hundred Thousand and no/100 Dollars ($600,000.00) per person and Six Hundred Thousand and no/100 Dollars ($600,000. 00) per incident. Should that amount be changed by the legislature the Tenant will provide insurance affording protection to the Lessor in the new amounts. Should by Court action the limitations on amounts of claims that may be made against a municipality be removed, the Tenant shall provide such amounts of insurance as the Lessor shall from time to time by written notice require. Moreover, should the Lessor determine that it is in its best interest to require Tenant to provide insurance over and above the amounts hereinbefore set forth, the Lessor shall give Tenant written notice thereof and the Tenant shall provide proof of such additional insurance within thirty (30) days of said written notice. 5.3 All policies of insurance relating to fire, windstorm and similar coverage shall name the Lessor as the co-insured. 5.4 All policies of insurance shall be written in companies satisfactory to the Lessor and shall be written in such form and shall be distributed in such companies as shall be reasonably acceptable to the Lessor. Said policies shall be delivered to the Lessor endorsed "premium paid" by the company or agency issuing the same or accompanied by other evidence satisfactory to the Lessor that the premiums thereon have been paid, not less than ten (10) days prior to the expiration of any then current policies. Said policies shall also contain language whereby the Lessor shall be notified in writing by the insurer of any cancellation of said policy. - ARTICLE VI. REPAIRS 6. 1 The Tenant covenants throughout the terms of this Lease and any renewal terms, at the Tenant's sole cost and expense, to take good care ,of the Demised Premises, including the improvements now or at any time erected thereon, the sidewalks, curbs, roadways, parking areas and fences, and to keep the same in good order and condition, and shall promptly, at the Tenant's own cost and expense, make all necessary repairs, ordinary as well as extraordinary, foreseen as well as unforeseen, including specifically, but not by way of limitation, all repairs made necessary by the use made by Tenant of the Premises. When used in this provision, the term "repairs" shall include replacements or renewals when necessary, and all such repairs made by the tenant shall be equal in quality and class to the original work. The Tenant Shall keep and maintain all portions of the Demises Premises and the sidewalks adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. ARTICLE VII. COMPLIANCE WITH LAWS 7. 1 The Tenant covenants through the term of this Lease, at the Tenant's sole cost and expense, promptly to comply with all laws and ordinances and the orders, rules, regulations and requirements of all federal, state and municipal governments and appropriate departments, commissions, boards and officers thereof, and the orders, rules and regulations of the Board of Fire Underwriters where the Demised Premises are situated, or any other body now or hereafter constituted exercising similar functions, foreseen or unforeseen, ordinary as well as extraordinary, which may be applicable to the Demised Premises, and the sidewalks and curbs, if any, adjoining the Demised Premises or the use or manner of use of the Demised Premises. The Tenant will likewise observe and comply with the requirements of all policies of public liability, fire and all other policies of insurance at any time in force with respect to the building and improvements on the Demised Premises and the equipment thereof. ARTICLE VIII. MECHANICS LIENS 8. 1 The Tenant shall not suffer or permit any mechanics liens to be filed against the Demises Premises or any part thereof by reason of any work, labor, services or materials supplied or claimed to have been supplied to the Tenant. ARTICLE IX. INTENT OF PARTIES 9.1 It being the intention and purpose of the respective parties hereto that all costs or expenses of whatever character or kind, general and special, ordinary and extraordinary, - 9( foreseen or unforeseen, and of every kind and nature whatsoever that may be necessary in or about the operation of the demised Premises, shall be paid by the Tenant. ARTICLE X. DEFAULTS OF TENANT 10.1 If, during the initial term of this Lease or any renewal term (a) the Tenant shall make default in fulfilling any of the covenants of this Lease or (b) the Demised Premises shall be left vacant or deserted for a period of thirty (30) days or (c) this Lease shall be signed or transferred in any manner, the Lessor may give to the Tenant notice of any default or of a happening of any contingencies in this paragraph referred to, and if at the expiration of thirty (30) days after the service of such notice, the default or contingency upon which said default was based shall continue to exist, when the case of a default or contingency which cannot with due diligence be cured within a period of thirty (30) days, if the Tenant fails to proceed promptly after the service of such notice and with all due diligence to cure the same and thereafter to prosecute the curing of such default with all due diligence (it being intended that in connection with a default not susceptible of being cured with due diligence within thirty (30) days the time within which Tenant is to cure the same shall be extended for said period as may be necessary to complete the same with all due diligence) , the Lessor, at its option, may terminate this Lease and upon such termination the Tenant shall quit and surrender the Demised Premises to the Lessor, but the tenant shall remain liable as hereinafter provided. 10.2 The specified remedies to which the Lessor may resort under the terms of this Lease are accumulative and are not intended to be exclusive of any other remedies or means of redress to which the Lessor may be lawfully entitled in case of a breach or threatened breach by the Tenant of any provisions of this Lease. The failure of the Lessor to insist in any one or more cases upon the strict performance of any of the covenants of this Lease or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of such covenant or option. In addition to the other remedies in this Lease provided, the Lessor shall be entitled to the restraint by injunction of the violation, or attempted or threatened violation, of any of the covenants, conditions or provisions of this Lease. ARTICLE XI. ASSIGNMENT 11. 1 The Tenant shall not assign this Lease, either in whole or in part, nor sublet or mortgage the leasehold interest of Tenant or any part or parts thereof, without prior written consent of the Lessor. ARTICLE XII. SIGNS 12.1 Tenant may erect such signs as it may deem desirable, as long as said signs do not violate the laws of the municipality in which the Demised Premises is situated. ARTICLE XIII. MISCELLANEOUS 13.1 The Tenant covenants not to do or suffer any waste or damage, to any improvement now or hereafter on the Demised Premises, to remove and store Lessor's present snow fence, to remove weeds and old tires for disposal at Tenant's expense, to grade and gravel the proposed public parking lot, and to return and re-install Lessor's fence upon termination of this lease agreement. 13.2 The Tenant agrees to permit the Lessor, or its authorized representatives to enter upon the Demised Premises at all reasonable times for the purpose of inspecting the same and making necessary repairs to any facility on the Demised Premises which the Lessor maintains or operates. 13.3 The Tenant hereby agrees to indemnify and save harmless the Lessor against and from any and all claims by or on behalf of any person or persons or firm or firms, arising from the conduct or management of or from any work or thing whatsoever done in or about the Demised Premises. Tenant further acknowledges that no representation, express or implied, has been made by Lessor as to the suitability of the Demised Premises to be used by the Tenant. 13 .4 All notices, demands and requests which may or are required to be given by either party to the other shall be in writing. All notices, demands and requests by the Lessor to the Tenant shall be mailed by United States Mail, postage prepaid, addressed to the Tenant. All notices, demands and requests by the Tenant to the Lessor shall be sent by United States Mail, postage prepaid, addressed to the Lessor. 13 .5 The Tenant, in the use and occupancy of the Demised premises and in the conduct of any business therein, shall comply with the requirements of all laws, orders, ordinances, rules and regulations of the federal, state, county and municipal authorities. The Tenant covenants that it will not use or permit to be used any part of the Demised Premises for any dangerous, noxious or offensive trade or business and will neither cause nor suffer any nuisance in, at or on the Demised Premises. 13.6 The Tenant upon termination of this Lease, for any reason whatsoever shall remove from the Demised Premises all signs, improvements placed thereon. 13.7 The covenants and agreements herein contained shall bind and insure to the benefit of the Lessor, its successors and assigns, and the Tenant and its permitted successors and assigns. 13.8 If any term or provision of this Lease shall to any extent be invalid or unenforceable, the remaining terms and provisions of this Lease shall not be effected thereby, but each term and provision of this lease shall be valid and enforced to the fullest extent permitted by law. THis Lease shall be constructed and enforced in accordance with the laws of the State of Minnesota. ARTICLE XIV. RENEWAL 14.1 This Lease may be extended according to the same terms and conditions by written mutual agreement of the parties hereto. ARTICLE XV. TERMINATION 15. 1 This Lease may be terminated at any time by either party upon 10 days written notice. IN WITNESS WHEREOF, each of the parties hereto has caused this Lease to be duly executed as of the day and year first above written. CITY OF SHAKOPEE By Dolores M. Lebens, Mayor By John Anderson, City Administrator By Judith S. Cox, City Clerk This instrument was GENE BROWN AGENCY, INC. drafted by: BY Julius A. Coller, II Its President 211 W. 1st Avenue Shakopee, MN 55379 By Its Secretary Approved as to form this day of 1988 City Attorney STATE OF MINNESOTA) ) ss COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of 1988, by Dolores M. Lebens, John K. Anderson and Judith S. Cox, respectively the Mayor, the City Administrator and the City Clerk of the City of Shakopee, a Minnesota municipal corporation on behalf of the corporation. Notary public STATE OF MINNESOTA) COUNTY OF SCOTT ) as The foregoing instrument was acknowledged before me this day of 1988, by and respectively the President and the Secretary of the Gene Brown Agency, Inc. , a Minnesota corporation, on behalf of the corporation. Notary Public EXHIBIT "A" Lots 3 and 4 and the Easterly 1 foot of Lot 2, Block 24, Shakopee City; Parcel No. 27-001-179-0 q rn MEMO TO: City Council FROM: LeRoy Houser, Building Official RE: Hallway Carpet Replacement DATE: May 9, 1988 INTRODUCTION Because of the potential trip hazard due to the condition of the hallway carpeting, I have priced the cost of carpet replacement for the hallway and steps to the Council Chambers. BACKGROUND I contacted all advertized carpet businesses in Shakopee. Listed below are the results: Fonder Carpet 18 oz carpet weight $ 863.30 26 oz " " $1,059.29 Berger Carpet 20 oz carpet weight $ 609.34 26 oz " " $ 670.39 28 oz " " $ 975.39 Lebens Brothers 18 oz carpet weight $ 762.63 20 oz " " $ 815.55 The low quote for the 18 oz carpeting is Lebens Brothers at $762.63. The low quote for the 20 oz carpeting is Berger Carpet at $609.34. The low quote for the 26 oz carpeting is Berger Carpet at $670.39. The low quote for the 28 oz carpeting is Berger Carpet at $975.39. The color charts are attached and it is staffs' desire that the color selection be made by Council, as well as the supplier be selected by Council. Note: The higher the carpet weight, the longer the life expectancy. If Council feels we will be in this building ten more years, then I would suggest a 26 oz carpet. If not, then I suggest we go with the low bid on the 18 oz or 20 oz carpet. ACTION REQUESTED Approve the purchase of oz carpeting from in the amount of S funds to come out o fund. £ the contingency LH:cah CONSENT 9n MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk C RE: Application for a Taxicab License - Town Taxi DATE: May 12, 1988 INTRODUCTION: Application has been received for a taxicab license from Town Taxi. BACKGROUND: Town Taxi, 2812 University Avenue S.E. , Minneapolis has submitted an application for a taxicab license for Shakopee. They plan on operating only one vehicle at this time. They were licensed last year. I have checked with the Chief of Police and he recommends approval. On May 3rd, Council tabled the application because the certificate of insurance was not in order. The certificate of insurance is now in order. ALTERNATIVES: 1] Approve application 2] Deny application 33 Table application RECOMMENDATION: Alternative No. 1, approve application. ACTION REQUESTED: 1] Remove the application of Town Taxi from the table. 21 Approve the application and grant a Taxicab License to Town Taxi, 2812 University Avenue S.E. , Minneapolis, Minn. 55414. jc TOWNTAXI CONSENT 10 MEMO TO: John K. Anderson, City Adm�'+'�i1��sst�-raly�oor FROM: Judith S. Cox, City Clerk RE: Application for Pull-Tab L e e DATE: May 12, 1988 INTRODUCTION• The Shakopee Jaycees are filing an application for a Class B: Gambling License with the State Gambling Control Board and are asking the City to waive the City's 30 day reviewal period. BACKGROUND: The Jaycees are filing an application for a pull-tab license with the State Gambling Board, after a copy is filed with the City, the City has 30 days in which to respond requesting that a license be denied. If after 30 days the City does not respond, the license is issued. If the City waives the 30 day review period, the Gambling Board may issue the license sooner. The Jaycees desire to begin selling pull-tabs as soon as possible and are asking that the City waive the 30 day review period. The Jaycees meet the requirements of the City Code as far as being eligible for a gambling license. They are a non-profit organization carrying on their activities in and are located and based in the City. This is their first application for a gambling license. The pull-tabs will be sold at the Inside Track at Shenandoah by their employees. The Jaycees may look into changing who is doing the selling in the future. ALTERNATIVES• 1) Waive the 30 day review period. 2] Do not waive the 30 day review period. 3] Request Gambling. Board to deny license. RECOMMENDATION: Alternative No. 1, waive the 30 day review period. ACTION REOUESTED: Move to waive the 30 day waiting period for a gambling license from the Charitable Gambling Control Board for the Shakopee Jaycees. May 13 , 1988 City Council: The Shakopee Jaycees are applying for a license to sell pull—tabs in Shakopee and request that the City Council waive their right to a 30 waiting period in. order to establish charitable gambling at the Inside Track as soon as we receive our license from the Charitable Gambling Control Board. tat Q� Pat Pennington Shakopee Jaycees Gambling Manager 9P Memo To: John K. Anderson, City Administrator ���� From: Judith S. Cox, City Clerk V Re: Set Up Licensing Date: May 13, 1988 Introduction• The State no longer requires an establishment holding an on sale club intoxicating liquor license to obtain a set up license. Background- Until recently, a set up license has been required for a private club or public place to allow the consumption or display of liquor or the serving of any liquid for the purpose of mixing liquor. State law recently eliminated the requirement that a club with an on sale club intoxicating liquor license also obtain a set-up license. The City Code also requires that a set up license be obtained by .club licensees. Council may wish to consider amending the City Code to be consistent with state law. According to Mr. Collar; however, the city may continue to license clubs who wish to sell set ups - if the Council wishes. Alternatives: 1] Amend the Code to eliminate requiring club licensees to obtain a set up license. (This is consistent with state law) 2) Continue to require a set up license. (We issue two licenses which generate a revenue of $250.00 total) Recommendation: Alternative No. 1, eliminate set up license where an on sale club liquor license is issued. Action Recommended: Direct staff to prepare the appropriate ordinance to eliminate the requirement that on sale club liquor licensees must also have a set-up license. jc SET-UPS /0 a MEMO TO: John K. Anderson, City Administr'1att�or FROM: David Hutton, City Engineer— SUBJECT: 11th Avenue from County Road 79 to Minnesota Street Feasibility Report DATE: May 12, 1988 INTRODUCTION: On April 19, 1988, City Council accepted a petition and ordered the preparation of a feasibility report for 11th Avenue, from County Road 79 to Minnesota Street. BACKGROUND: The feasibility study has been completed and the report is attached for Council review. The report is fairly self explanatory, but I will be available at the Council meeting to assure any specific concerns regarding the report. Attached is Resolution No. 2892 receiving the feasibility report and calling for a public hearing on the proposed improvements. The developer of the Meadows First Addition Subdivision is proceeding with the construction of all other improvements outlined in the developer' s agreement, which does include the installation of sewer and water mains in 11th Avenue. Due to the timing of this project, it is recommended that the public hearing be held as soon as possible and therefore the date has been set for June 7, 1988. ALTERNATIVES: 1 . Adopt Resolution No. 2892 and hold a public hearing on the proposed improvements on June 7 , 1988. 2. Do not adopt Resolution No. 2892. RECOMMENDED ACTION: Staff recommends Alternative No. 1 , to adopt Resolution No. 2892 and hold a public hearing on June 7 , 1988. REQUESTED ACTION: Offer Resolution No. 2892 , A Resolution Receiving a Report and Calling a Hearing on Improvement to 11th Avenue from County Road 79 to Minnesota Street and move its adoption. DH/pmp MEM8892 RESOLUTION NO. 2892 A Resolution Receiving A Report And Calling A Hearing On Improvement To 11th Avenue from County Road 79 to Minnesota Street _ WHEREAS, pursuant to Resolution No. 2881 of the City Council adopted April 19 , 1988 , a report has been prepared. by Dave Hutton , City Engineer , with reference to the improvements of 11th Avenue from C. R. 79 to Minnesota Street by streets and storm sewers, and this report was received by the Council on May 17 , 1988. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . The Council will consider the improvement of 11th Avenue by streets and storm sewers, in accordance with the report and the assessment of abutting and benefitted 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 improvement of $99 ,400 .00 . 2 . A public hearing shall be held on such proposed improvements on the 7th day of June , 1988 , at 7 : 30 P. M. , or thereafter, in the Council Chambers of City Hall, at 129 East 1st Avenue and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3• The work of this project is hereby designated as part of the 1988-5 Public Improvement Program. 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 CONSENT lob MEMO TO: John K. Anderson, City Administrator FROM: Dave Hutton, City Engineer SUBJECT: Street Improvements on Market Street DATE: May 9 , 1988 INTRODUCTION: Attached is Resolution No. 2889 , declaring the adequacy of a petition and ordering a report prepared for street improvements on Market Street between Bluff Street and 1st Avenue. BACKGROUND: A petition has been received and approved by the City Attorney requesting street improvements on Market Street , between Bluff Street and 1st Avenue. The requested improvements consist of bituminous pavement. Market Street currently is a gravel street with mainline storm sewers, but no catch basin leads. There are also no curb and gutter or sidewalks . Sanitary sewers and watermains are not needed. To improve this street to our standards , bituminous pavement, catch basins, curb and gutters and sidewalks are needed. (Note: Since this is zoned commercial, sidewalks are required on the east side only) . This street is not on the 5-year Capital Improvement Program, but the petition requests that the improvements be completed under the Chapter 429 assessment process. ALTERNATIVES: 1 . Deny the petition for street improvements. 2 . Accept the petition and pass Resolution No. 2889. RECOMMENDATION: Staff recommends Alternative No. 2 , to pass Resolution No. 2889 accepting the petition and ordering a feasibility report for Market Street, between Bluff Street and 1st Avenue. ACTION REQUESTED: Move to pass Resolution No. 2889 , A Resolution Declaring Adequacy of Petition and Ordering Preparation of a Report for Street Improvements on Market Street , between Bluff Street and 1st Avenue and move its adoption. - DH/pmp MEM2889 RESOLUTION NO. 2889 A Resolution Declaring Adequacy Of Petition And Ordering Preparation Of A Report For Street Imporvements On Market Street Between Bluff Street and 1st Avenue BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . A certain petition requesting the improvement of Market Street between Bluff Street and 1st Avenue by Street Improvements, filed with the Council on May 17 , 1988, 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 David Hutton, City Engineer 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 7ity of Shakopee, Minnesota, held this day of , Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 19_ City Attorney Date a6 We, the undersigned, owners of the following described real property, abutting on the proposed improvement and benefitted thereby, hereby petition the City Council of the City of Shakopee, -for the following public improvements: 6 / , on Street/Avenue, between Pd(U4:::?' ` Street/Avenue and /ekd(/f`c 10f) Steet/Avenue, and request that the same be made during the year 1913' 3 . In making this petition the undersigned understands that the City of Shakopee, its agents or employee cannot guarantee the amountofan assessment until a feasibility study of the improve- ments has been prepared and accepted by City Council in accordance with MSA Chapter 429. PETITIONER LOT BLOCK S`TE'P9-4;�rJ S. M'51` +G,� lt_YJ.ORiCk_C&J f�CoGt� 1 �vsi' S'C<a.C�opze� 1, hereby, verify than 1 circulated the above petition and that the aCove s_gnaiures of u,c property owners and peLiticrers were affixed in my presence. Ind U Air. gator Approved this �` day c- 198* Ci T."-Actornec - i CONSENT /oc, MEMO TO: John K. Anderson, City Administrator FROM: David Hutton, City Engineer SUBJECT: Downtown Streetscape Project DATE: May 9 , 1988 INTRODUCTION: This memo addresses the attached Resolution No. 2890 , authorizing the execution of a contract between the Chicago and Northwestern Transportation Company and the City of Shakopee. BACKGROUND: As part of our Downtown Streetscape Project , we will be installing some electrical conduits and a sanitary sewer under the tracks of the Chicago and Northwestern Transportation Company. We have received a standard agreement contract from the railroad which has been reviewed and approved by the City Attorney. The attached resolution prepared by the City Attorney authorizes the appropriate City officials to execute this agreement. ALTERNATIVES: 1 . Pass Resolution No. 2890, authorizing the execution of the contract. 2 . Reject Resolution No. 2890. RECOMMENDATION: I recommend Alternative No. 1 REQUESTED ACTION: Offer Resolution No. 2890 Authorizing the Execution of a Contract Between the Chicago and Northwestern Transportation Company and the City of Shakopee and move its adoption. DH/pmp MEM2890 `Form 2976 Page 1 (Revised 1981) 16 C- CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY (hereinafter called "Company"), hereby licenses the CITY OF SHAKOPEE, MINNESOTA, (hereinafter called "Licensee"), subject tothe terms and con- ditions hereinafter set forth, to construct, install , maintain and use six electrical cables and a 10 inch sanitary sewer (hereinafter called "facility"), upon and across the right of way and property and under the track of the Company at Shakopee, Minnesota pursuant to request of the Licensee and in accordance with the plan and in the locations shown in yellow on map dated March 23, 1988 attached hereto, made a part hereof -and marked Exhibit "A", for the sole purpose of conveying electric current at nominal potentials, not to exceed 240 volts for power and light- ing, and transmission of wastewater. The Company may, at its option and without liability to the Licensee, revoke this license at any time by giving written notice thereof to the Licensee, if the Licensee shall use or attempt to use said facility for any other or different purpose than above specified, or if the Licensee shall violate or breach any of the following termsand conditions: 1. The Licensee will procure all necessary public authority for the construction, installa- tion, maintenance and use of said facility, and in addition to the requirements of this license, will construct, install, maintain and use said facility in conformity with all requirements of public authority. 2. The ll or against said�facil facility, for upon or against s anthe premie rem sest or property d assessmns that maybof lthe Companys beca seu of n the construction, installation and maintenance of said facility as herein provided for; and in the latter case, the Company shall render to the Licensee a bill for the proportion of taxes or assessments levied or assessed because of the presence of said facility upon its premises, and the Licensee will promptly pay the same. 3(a). Said facility shall be constructed, installed and maintained by and at the expense of the Licensee, in a manner satisfactory to the Company. Construction of telephone, telegraph and other communication wires or cables shall comply with specifications of the Association of American Railroads. Construction of electric light, power or trolley lines shall comply with specifications of the American Railway Engineering Association, except as modified by said Exhi- bit "A". (b). If, in the judgement of the Company, it shall be necessary to provide protection or support (or both) for its tracks and property during the work of construction, installation or maintenance of said facility, the Company shall have the right to furnish such protection or support (or both) and the Licensee will promptly pay the entire cost thereof. (c). All material and workmanship pertaining to the construction, installation or mainten- ance of said facility shall be subject to the inspection and approval of the Company. (d). The Company shall have the right at any time to judge the necessity of repairs to said facilities, and in the event the Licensee shall fail within ten (10) days after receipt of writ- ten notice to make such repairs as the Company deems necessary, the Company may at its election revoke this license or make such repairs. The Company shall have the right to make emergency repairs to said facility in the event the Company deems such repair necessary for the safety of its tracks or property. The Licensee will promptly reimburse the Company for the cost and ex-of all repairs to said facility made by the Company. i - Form '2976 page 3 (Revised 1981 I b v 8. The Licensee shall remove all debris, material, false work and the like, caused by or used during the construction, installation or maintenance of said facility, from the right -of way and property of the Company in a manner satisfactory to the Company. 9. The Company shall have the right to revoke this license at any time by giving thirty (30) days written notice thereof to the Licensee. The Licensee shall have the right to terminate this license at any time by giving thirty (30) days ' written notice thereof to the Company. Any notice to be given under this license shall be in writing and may be served by delivering it, or a true copy thereof, to the other party or its general operating or engineering officers, or by depositing the same in a United States post Office, enclosed in an envelope addressed to such . party at its last known post office address with the postage thereon prepaid. At the expiration of the time limited by any revocation or termination notice, or upon termination of this license in any other manner, the Licensee will, at its own expense promptly remove said facility from the right of way and .property of the Company, or from above the right of way and property of the Company as the case may be, and will restore the Company's right of way and property to a condition satisfactory to the Company. Upon default of the Licensee so to do, the Company shall have the right to remove said facility and to restore its right of way and property and the Licensee will promptly reimburse the Company for the cost and expense of so doing. 10. The waiver of a breach of any of the terms or conditions hereof shall be limited to the act or acts constituting such breach and shall never be construed as being a continuing or permanent waiver of any such terms or conditions, all of which shall be and remain in full force and effect as to future acts or happenings, not withstanding any such waiver. 11. This license is personal to the Licensee, and is not assignable or transferable without the written consent of the Company first obtained; provided, however, that in case of any assignment, passing or transfer of ownership of said facility without the Company's written consent to said assignment, the Licensee and the new user or owner shall both be jointly and severally liable to the Company under all of the terms and conditions hereof and this license shall be deemed a joint license to said parties, revocable forthwith by written notice which the Company at its option may serve upon said parties at any time. 12. The benefits of this license shall accrue to the Company, its successors and assigns. In accepting this license the Licensee covenants and agrees to perform and to be bound by all of the terms and conditions hereof to be performed by the Licensee, even though the performance thereof may not be required by the Company until after the revocation or termination of this License. 13. All property of whatsoever kind and nature in which the Company has a leasehold interest or which is used by the Company wholly or inpartregardless of ownership thereof, shall for the Purpose of this agreement be deemed property of the Company and be owned by the Company. 14. In case any of the terms or provisions of this license have been performed or carried out prior to theactualdate of execution hereof, it is understood and agreed that this license shall nevertheless be of the same force and effect as though same had been executed by the aarties prior to such performance. Form 2976 Page 4 (Revised 1981) IN WITNESS WHEREOF, this instrument is executed at Chicago, Ill. , this day of ,1g ATTEST: CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY By Assistant Secretary Vice resident - ngineenng Pursuant to authority granted by resolution of the of the CITY OF SHAKOPEE, MINNESOTA, adopted The undersigned, the Licensee mentioned in the foregoing license, ACCEPTS the same subject to the terms and conditions therein stated. Attest: - - - CITY OF SHAKOPEE, MINNESOTA By . . tty ier Mayor I� 133815 16 SIM' - - _ p J hhhLttc °.^,Qr JL2F r— _ U< N •-_ < w ¢v: _ r U ii r < v UG ^� .�iR �� 11• r I n r' _ • n aq v I: i 133815:'.^ _�:..: COON;IY. ..L ' —.. wlw ` J 1 i L / � .f.F � I p A ; a•� t .� aQ r 0m' G RESOLUTION 11 2890 A Resolution Authorizing the Execution of a Contract Between the Chicago and Northwestern Transportation Company and the City of Shakopee WHEREAS, The City of Shakopee is improving Atwood, Fuller and Holmes Streets in the City of Shakopee in the vicinity ofthe railroad tracks on Second Avenue; and WHEREAS, As a part of the said improvements it is necessary to install certain electrical conduits and a ten-inch sanitary sewer under the railroad tracks of the said Chicago and Northwestern Transporation Company; and WHEREAS, The said railroad has submitted a contract authorizing the performance of said improvements in accordance with the terms of the contract. NOW, THEREFORE, BE IT RESOLVED BY THE SHAKOPEE CITY COUNCIL That the proper city officials are hereby authorized and instructed to execute on behalf of the City said contract covering said improvements. Passed in session of the Shakopee City Council held this _ day of May, 1988. Mayor of the City of Shakopee ATTEST: City Clerk R Prepared and approved as to form this 3rd day f May, 1988. Cit}' Attorney I CONSENT to d MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Application for Local Planning Assistance Loan DATE: May 13, 1988 INTRODUCTION: At their meeting on May 3, 1988 the Shakopee City Council approved a motion authorizing submittal of a loan application to the Metropolitan Council for 75% of the cost for updating the comprehensive plan. In reviewing the loan application the City is required to submit a- formal resolution with the loan application transmitting the application. BACKGROUND: At their meeting on February 16, 1988 the City Council received a recommendation from both the Planning Commission and the Community Development Commission recommending that the City update the Comprehensive Plan. At the February 16, 1988 meeting the City Council passed a motion directing staff to proceed with the selection process for a consultant to update the plan. At their meeting on May 3, 1988 the City Council passed a motion selecting the firm of BRW to update the City's Comprehensive Plan and authorized the City Administrator and Mayor to negotiate a contract with the firm. At the same meeting the City Council authorized submission of a loan application to the Metropolitan Council for 75% of the total cost for updating the comprehensive plan. The application form for loan funds from the Metropolitan Council requires a formal resolution by the City transmitting the application to the Metropolitan Council. Attached is a proposed resolution. The staff was correct in stating that the loan program allows for a loan up to a maximum of 758 of the total cost of the project. The money is at no interest and can be paid over a three year period. The City is however required to pay a $150 non refundable application filing fee at the time of application. ACTION REQUESTED: Offer and pass Resolution No. 2896 Transmitting an Application for Local Planning Assistance for a Local Planning Assistance Loan from the Metropolitan Council. RESOLUTION 2896 A RESOLUTION TRANSMITTING AN APPLICATION FOR A LOCAL PLANNING ASSISTANCE LOAN FROM THE METROPOLITAN COUNCIL WHEREAS, the City of Shakopee has determined the need for a complete update of it's Comprehensive Plan; and WHEREAS, the City of Shakopee has obtained proposals from qualified consultants and selected the firm of Bennett, Ringrose, Wolsfeld, Jarvis, Gardner, Inc. (BRW) to update the Comprehensive Plan; and WHEREAS, the City Council has authorized the Mayor and City Administrator to negotiate a contract with the BRW firm; NOW, THEREFORE BE IT RESOLVED that the Shakopee City Council hereby transmit an application for a Local Planning Assistance Loan to the Metropolitan Council for 75% of the total cost of the Comprehensive Plan update. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1988. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1988. City Attorney -