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Home My WebLink About02/05/1991 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: February 1, 1991 1. Attached is the Police Newsletter for City Council review. 2 . Attached are the December 17 , 1990 minutes of the Shakopee Cable Communication Advisory Commission. 3 . Attached if the February calendar of Upcoming Meetings. 4 . Attached is the February Business Update from City Hall. 5. Attached are the January 10, 1991 minutes of the Board of Adjustment and Appeals. 6. Attached are the January 10, 1991 minutes of the Planning Commission. 7 . Both the Shakopee Senior Party, Inc. and Saint Mark's Church (for their Juli Fest) have applied to the Gambling Control Board for an exemption from the lawful gambling license requirements. Exemption applications do not need a resolution of approval from the Council. However, they do meet the city' s goal for the expenditure of their proceeds. 8 . Attached is the Building Activity Report for January, 1991. 9 . Attached are the January 11, 1991 minutes of the Community Youth Building Committee. 10. Attached is the agenda for the February 7, 1991 Planning Commission Meeting. 11. Attached is the agenda for the February 7, 1991 Board of Adjustment and Appeals Meeting. 12 . Shakopee HRA Appraisal of Outlot A adiacent to Market Street - On January 8, 1991 the Shakopee Housing and Redevelopment Authority directed the appropriate City officials to obtain an appraisal of Outlot A - Macey's 2nd Addition. Staff has commissioned the appraisal firm of Universal Valuation Services to complete the appraisal by February 11, 1991 at a cost not to exceed $1, 000. This item will be placed on the HRA's March agenda for further consideration. 13 . Attached is a correspondence received by Mr. Mike Kazma, Vice President, Amzak Cable Midwest, regarding an increase in cable rates effective March 1, 1991. Keep in mind that prior to 1985, the City of Shakopee did have the authority to control cable rate increases. However, the 1985 Cable Communications Act deregulated cable rate regulation authority. Please refer any resident complaints regarding cable rates to Barry Stock for further clarification. 14 . On January 30, 1990 Barry Stock, Assistant City Administrator and Dave Hutton, City Engineer met with MnDOT's Right-of-Way Agent, Ms. LaNay Sanford regarding MnDOT's acquisition of City property in conjunction with the mini by-pass construction. MnDOT appraisals have been completed on the affected properties and an offer has been made to the City for monetary damages that will occur as a result of the highway project. Staff is in the process of reviewing the proposed monetary damages and will be making a recommendation to City Council for their consideration at the February 19, 1991 City Council meeting. (Executive Session) 15. Attached is a memorandum from Barry Stock, Assistant City Administrator regarding the Regional Transit Board's desire to cut transit funding for Opt-Out Programs. 16. Representatives from the communities in Scott County are in the process of finalizing a proposed joint powers agreement and by-laws for the proposed creation of a Scott County Economic Development Coalition. Staff is optimistic that this item will be ready for Council review and approval at the February 19, 1991 meeting. 17. Attached is a memorandum from the MIS Coordinator regarding Fire Department Computer Hard Drive. 18 . Attached are the Expenditure and Revenue Reports through December 31, 1990. 19. Attached is the Program Costs by Department Report. al, MINUTES OF THE SHAKOPEE CABLE COMMUNICATION ADVISORY COMMISSION Regular Session Shakopee, Mn. December 17 , 1990 Chairperson Anderson called the meeting to order at 7 : 05 p.m. with Commissioner Anderson, Moonen, Bastyr and Abeln present. Commissioner Harrison was absent. Barry Stock, Assistant City Administrator; Mike Kazma, Amzak Manager; Bill Lepley, Public Access Studio Manager; and Bob Ziegler, Public Access Corp. president; Beth Andersen, Studio Manager and Ron Ward, Acting School Superintendent were also present. Moonen/Bastyr moved to approve the minutes of the November 19 , 1990 meeting as kept. Motion carried unanimously. Chairperson Anderson stated that the items on this evenings agenda were all interrelated. In an attempt to facilitate the discussion on the matters, he suggested that the Commission attempt to list the advantages and disadvantages of each of the staffing alternatives. Mr. Stock distributed a summary of the Cable Franchise modifications that took place in 1986. He noted that the handout illustrated the understanding between the Cable operator and the City of Shakopee. Mr. Stock also distributed a staffing analysis that he completed in 1986 which listed three alternative levels of staffing. Mr. Stock stated that at this time he does not believe that there are adequate franchise fees being collected to staff a full time cable administrator to handle public access. Chairman Anderson then asked the Commissioners to list advantages and disadvantages to the school location alterative, staffed with either a City employee or Cable Co. employee. Mr. Stock questioned if no rent would be an advantage. Mr. Ron Ward stated that he could not be certain that the location would be provided rent free. He thought that a nominal rent might be needed to cover custodian costs during times that the facility is not regularity staffed. Mr. Ward went on to explain that the school will be pursuing the development of a media technology program at the Sr. High School . He stated that the demand for mechanical technicians is no longer there and that media and communications are the fields of the future. He stated that the school district will be eliminating the mechanical shop and that this would provide space for the media technology training room. Mr. Ward stated that the area for the proposed studio was in a portion of the building that has easy accessibility. He noted that the Adult Learning Lab is in the same portion of the building and that this area is generally open every evening for adult classes or extra curricular activities. Minutes of the Page - 2 Shakopee Cable Commission December 17 , 1990 Mr. Lepley questioned whether or not the room was air conditioned. Mr. Lepley stated that air conditioning that was separately zoned for the control room and studio would be essential. Mr. Ward stated that the present room is not air conditioned. Commissioner Moonen questioned whether or not parking was a problem. Mr. Ward stated that the area has a large parking lot immediately to the east and that there might be the possibility of developing another separate exterior entrance that would be accessible to the Adult Learning Lab parking lot. Commissioner Moonen questioned whether it would be a problem to get two or three designated parking spots that could be reserved for public access purposes. Mr. Ward stated that he did not think that this would be too much of a problem. Mr. Anderson stated that student involvement would be a definite advantage to the studio location at the school . Mr. Moonen stated that he was the former studio manager in Chaska when their studio was located in the middle school . He stated that security was a major problem. Commissioner Moonen also questioned whether or not the purposed location was soundproofed. Mr. Ward stated that at the present time it is not soundproofed but that it is their intention to proceed with sound mitigation improvements. Mr. Ziegler stated that his major concern with the school location was the fact that it may hinder public involvement in using the facility. He stated that some residents may not be as receptive to the idea of utilizing the school for the public access facility. He also was concerned about the potential problem of the equipment and studio being monopolized by the school students. Mr. Ward stated that he thought certain equipment would have to be dedicated for public access use only. He felt an equipment use arrangement could be worked out to guarantee that Shakopee residents would have access to the facility and equipment. Discussion ensued with several other advantages and disadvantages being mentioned in regard to the school location. Discussion then ensued on the City Hall alternative. Commissioner Moonen questioned whether or not there was space in the proposed City Hall facility for public access. Mr. Stock stated that there might be space but he could not guarantee it at this time. Mr. Stock stated that he could also not comment on what type of rent arrangement might be worked out. Mr. Stock stated that he felt confident that if the studio were to be located in the proposed facility that it would be in the basement area. Mr. Stock stated that security and control of the studio would certainly be enhanced by having the facility in the City Hall . Mr. Stock stated that he could not guarantee whether or not the studio would also be served by a separate exterior entrance. Commissioner Bastyr stated that there would be certain costs that would have to be covered to remodel the City Hall to allow for the public access studio space. Discussion ensued with several other advantages and disadvantages being mentioned. Minutes of the Page - 3 Shakopee Cable Commission December 17, 1990 Discussion ensued on utilizing the existing studio space with either a City employee or a cable employee staffing public access. Mr. Anderson stated that the biggest advantage to this alternative was that we would not have to move anything and that the present location was convenient and centralized. Mr. Lepley stated that the present location also provides for the remote control operation of the Council meetings. Mr. Stock stated that a disadvantage of the present studio was that there was a rent payment involved. Mr. Kazma stated that he has investigated the possibility of constructing a new office and studio at the existing Head End. He stated that this might be a viable option for the Cable Co. to consider. Discussion ensued on maintaining the status quo for the remainder of the contract. Mr. Stock reminded the Commissioner that there was one year remaining in the agreement between New Frontier Productions and the Access Corp. Mr. Moonen stated that the advantage of maintaining the status quo was that it buys us some time to evaluate the other alternatives. Commissioner Anderson stated that the disadvantage might be that we miss the school opportunity. Mr. Ward reminded the Commission that he felt the school district would pursue the media technology curriculum regardless of what the Cable Commission decides on in terms of a public access studio. Mr. Ward went on to state that he was only at this meeting to provide information on what the school ' s plans are in terms of the media technology curriculum and how the school district might benefit from the development of a working relationship with the Access Corp. and Cable Commission. Commissioner Anderson stated that he appreciated Mr. Ward' s attendance at the meeting and that the Commission understood the school district ' s position on this matter. Mr. Anderson thanked Mr. Ward for attending the meeting and being straight forward in his approach and position. Commissioner Anderson stated that by going through the advantage/disadvantage exercise many ideas have come forward and it has given him a better understanding of what is involved in regard to staffing and selecting a studio location. Mr. Anderson suggested that staff rewrite the advantages and disadvantages in regard to each alternative and include them as a part of the minutes for the Committee' s review. Abeln/Moonen moved to table action on the development of a staffing/studio location plan pending further information from staff. Motion carried unanimously. Mr. Anderson stated that Mr. Lepley has provided the Cable Commission with an equipment inventory for the Committee' s review. Mr. Lepley shared with the Committee his grading schedule. He stated that much of the equipment that is unusable is equipment that was originally provided by the Cable Co. He noted that much Minutes of the Page - 4 Shakopee Cable Commission December 17, 1990 of this equipment has been down for several years. Mr. Lepley went on to state that the majority of the equipment that is good condition is owned by the Access Corp. Mr. Anderson questioned whether we should continue to utilize 3/4 inch equipment. Mr. Lepley stated that the 3/4 inch playback deck does need to be replaced but that the remote recorder is in good condition. Mr. Lepley went on to state that the 3/4 inch equipment is beneficial for persons who want to do quality programming. Mr. Lepley stated that there are presently several persons wishing to utilize this equipment. Mr. Anderson questioned whether or not it would be better for us to pursue 1/2 SVHS equipment. Mr. Anderson stated that he also felt that the need for a large studio and studio equipment is being minimized in light of the fact that many person are more interested in pursuing field video productions. Mr. Moonen stated that he concurred with Mr. Anderson but that if the studio were to be relocated to the school that a studio would be necessary so that hands-on training could be conducted in a controlled atmosphere. Commissioner Abeln stated that she did not have any familiarity with the equipment and its conditions. She suggested that Mr. Anderson, Mr. Moonen and Mr. Ziegler develop a plan of action in regard to equipment. Mr. Stock suggested that perhaps Mr. Lepley could develop a five year capital equipment program so that we had a better idea of when the equipment would have to be replaced and at what cost. Mr. Stock stated that this would better allow us to budget on an annual basis. Mr. Moonen stated that before a five year equipment program is developed, it might be beneficial to determine which type of format we want to pursue and which equipment we think should be prioritized. Mr. Anderson suggested that a subcommittee be created comprised of Mr. Moonen, Mr. Ziegler and himself to investigate which format we should pursue in terms of editing and future equipment. It was the consensus of the Committee that this was an excellent idea. Mr. Anderson stated that the Committee could meet sometime within the next two weeks and that they can give direction to Mr. Lepley so that he can prepare a ten year capital equipment program for the Committee' s review and approval at their next meeting. This will provide the Committee with some framework in terms of how much money is needed to maintain the studio in terms of equipment. Moonen/Abeln moved to request Mr. Lepley to develop a ten year capital equipment program for the Committee' s review at their next meeting. Motion carried unanimously. Mr. Anderson stated that he did not believe the Committee could take any action on the Cable Franchise Deferrals until the studio and equipment issues could be resolved. Therefore, he suggested that the action on the deferrals be tabled. Bastyr/Moonen moved to table action on the development of the appropriate Ordinance Amendments in regard to the Cable Franchise Deferrals. Motion carried unanimously. 1,-- Minutes Minutes of the Page - 5 Shakopee Cable Commission December 17 , 1990 Mr. Lepley gave a brief update in regard to public access. He stated that Beth Andersen has taken over in terms of handling the day to day operation of the studio. Ms. Andersen stated that they have had quite a bit of activity in the last month and that several programs are being developed. Mr. Lepley stated that the stolen CamCorder has been replaced. Mr. Lepley went on to state that he has filed the appropriate papers with Scott County to pursue litigation against the person that is responsible for losing the CamCorder. Mr. Kazma stated that he did not have anything to report in regard to the system operation at this time. Mr. Stock suggested that the next meeting be held at the Public Access Studio. He felt that this would give the Commission members a better opportunity to view the existing studio and the equipment that is being discussed for replacement. It was the consensus of the Committee that this was an excellent idea. Abeln/Moonen moved to adjourn the meeting at 9 : 30 p.m. Motion carried unanimously. _ Zs I - CITY EMPLOYEE/SAME STUDIO CABLE EMPLOYEE/SAME STUDIO ADVANTAGES DISADVANTAGES No moving costs Rent Location/Access Security II - CABLE CO. EMP./SCHOOL LOC. CITY EMPLOYEE/SCHOOL LOC. ADVANTAGES DISADVANTAGES No rent (?) Sat. Custodian Costs (?) Student Involvement No Air Cond. (Zoned) Parking Access Summer Vac/Holiday Hrs. (Custodian Costs) Increased Programming Security - Keys, Etc. Student Credit For Programming Live Operation of City Council/ Possible School Contract for Planning Com. Mtg. Public Access Noise/Sound Auditorium Functions Easier to Broadcast Public Involvement Less (?) More Equipment Public Forums Planned Curriculum III - CABLE CO EMP./CITY HALL LOCATION CITY EMPLOYEE/CITY HALL LOCATION ADVANTAGES DISADVANTAGES Security/Control Physical Layout/Bldg. Modifications (Remodeling Costs) Access Ability to Run Council/ Planning Mtgs. from Studio No rent (?) Easier for City Programming Live Operation Council/Planning Comm. Mtgs. IV. STATUS QUO - CONTRACT 1 More yr. existing contract ADVANTAGES DISADVANTAGES Buys Time Miss School Opp. ? No Moving Costs Rent Security Experienced Personnel Location/Access 3 February UPCOMING MEETINGS SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 9 4:30pm 7:00pm City 7:30pm Public Council Planning Utilities Meeting Commission 10 11 12 13 14 15 16 7:45am Downtown Committee 17 18 19 20 21 22 23 President's 7:00pm City 5:00pm CDC Day - City Council 7:00pm Hall Meeting Energy & Closed Transport- ation 24 25 26 27 28 7:00pm Park & Rec. Board 7:00pm Cable Commission January March SMTWTFS SMTWTFS 1 2 3 4 5 1 2 6 7 8 9 10 1 1 12 3 4 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 29 30 31 01/16/199 : -bPg BUSINESS UPDATE FROM CITY HALL Vol. 5 No. 2 Dear Chamber Member: February 1, 1991 BUILDING North Star Auto Auction has completed and moved into their new facility. The complex is very impressive and a welcomed addition to our community. CITY CLERK On January 8th, City Council approved municipal parking lot leases for the Sr. Hirise and Brambilla's; designated the Shakopee Valley News as the City's official newspaper; approved cigarette licenses for 1991 ; and made liaison appointments for councilmembers. On January 22nd, City Council approved a license for O'Dowd Lakes Chain Assn. for operation of aerators at O'Dowd Lake; approved a 3 . 2 beer license for Pizza 'n' Pasta; and made appointments to various boards and commissions. There are still openings on the Community Youth Building Committee and on the Board of Review. Anyone interested in serving on either of these committees is invited to call city hall for an application. COMMUNITY DEVELOPMENT The Cable Communications Advisory Commission is currently evaluating a request from the City's Cable operator (Amzak Cable) to amend the Cable Franchise Ordinance extending certain capital deferral which were granted five years ago. Of primary concern to the Cable Commission is the continued operation and funding of the public access studio. Alternative funding, staffing and studio locations are being evaluated. In early March, the Cable Commission is expected to make a recommendation to City Council on the proposed franchise amendment. A formal public hearing on the matter will be held at that time. On January 22 , 1991 the City Council adopted the Star City one and five year economic development plans. The plans set forth objectives which the City and its various board and commissions will pursue in 1991. The annual development of the one and five year economic development plans is a Star City recertification requirement. On January 8, 1991 the City Council approved refuse/recycling contract amendment #4 . The amendment provides for the expansion of the City' s recycling program to include plastics and corrugated cardboard. The amendment also maintains refuse collection rates at their present levels for a six month period in exchange for the City' s relinquishment of 82% of the revenues generated from the sale of recyclable collected in our program. This action eliminates the City' s ability to issue an annual credit to Shakopee refuse/recycling customers. ENGINEERING/PUBLIC WORKS On January 22, 1991 the City Council ordered the preparation of plans and specifications for reconstruction of Jackson and Harrison Streets between 11th & 12th Avenues, Shumway Street - 3rd to 6th Avenues and Scott Street - 6th to 7th Avenues. Staff is also preparing a feasibility report for 2nd Avenue between Sommerville and Naumkeag Streets. PARKS AND RECREATION At its January 22, 1991 meeting, the Shakopee City Council finalized its appointments to the Shakopee Parks and Recreation Advisory Board. The new seven member advisory board includes Dolores Lebens, Ron Larson, Bob Tomczik, Paulette Rislund, Bill Preiss, Seifer7 and Paul Teneyck. The Parks and Recreation Advisory Board meets the fourth Monday of the month at 7: 00 P.M. in the City Council Chambers of Shakopee City Hall. The new board held its very first meeting on January 27, 1991. PLANNING On January 15, 1991 the City Council and the Planning Commission held a joint work session to discuss the draft Comprehensive Plan. The work session provided an excellent opportunity for both Council and Commission members to build consensus on the long range direction for the community. Discussion on the draft plan will continue on January 29th. iiiiir:=A!Lia. me: 4. ye a As we continue our dailyroutine of business with its normal ups p and downs let's stop for a minute and reflect upon our Nation and our armed forces in the Persian Gulf, and pray in our own way for a quick and peaceful solution to the conflict without further loss of life. BOARD OF ADJUSTMENTS AND APPEALS SHAKOPEE, MINNESOTA REGULAR SESSION January 10, 1991 MEMBERS PRESENT: Kahleck, Joos, Lynch, Rockne, Christensen, Spurrier and Allen. MEMBERS ABSENT: None STAFF PRESENT: Lindberg Ekola, City Planner Karen Marty, City Attorney Dave Hutton, City Engineer Jane VanMaldeghem, Recording Secretary I. ROLL CALL Chairperson Kahleck called the meeting of the Shakopee Board of Adjustments and Appeals to order at 7 : 30 p.m. Roll Call was taken as noted above. II. APPROVAL OF THE AGENDA The agenda was approved as submitted. III. APPROVAL OF DECEMBER 6, 1990, MEETING MINUTES The minutes were approved with the correction that Commissioner Spurrier was present at 7: 30 p.m. IV. RECOGNITION OF INTERESTED CITIZENS Chairperson Kahleck recognized anyone present in the audience wishing to speak on issues not on the agenda. There was no response. V. PUBLIC HEARING ON VARIANCE NO 603 - STANLEY BEIRIES Chairperson Kahleck opened the public hearing. City Planner stated Mr. Beiries is requesting an 8 .2 foot variance from the required 20 foot side yard setback, at the property located at the southeast corner of Naumkeag Street and Bluff Street alignment. The area is currently zoned B-i (Highway Business District) . He noted the site was a remanent parcel created by the commercial development to the south. The site is mall in size and is a corner lot. He also stated that in addition to the fence along the south property line, staff is also recommending a fence along the east property line. Mr. Beiries was present for discussion. Minutes of the Page -2 Board of Adjustment and Appeals January 10, 1991 Commissioner Spurrier voiced concerns over the ultimate size of the parking lot and the access. He suggested a cross- access with the adjoining property owner or a completely revised site plan. He stated the plan, as presented, indicates too small of an access and parking spaces that eventually would prove inadequate and perhaps be eliminated, providing a problem for the City. Chairperson Kahleck asked for comments from the audience. There were none. Chairperson Kahleck closed the public hearing. Christensen/Joos moved for approval of Variance Resolution No. 603, subject to the following conditions: 1. The applicant shall build a 6 foot fence along the south and east property line. The fence in the front yard setback must be built 3 feet in height. 2. A 5 foot landscape strip to be provided between the property line and the parking stalls on the Bluff Street entrance. Motion carried with Commissioner Spurrier voting "no". VI. OTHER BUSINESS The schedule for the 1991 Board of Adjustments and Appeals/Planning Commission meeting dates was approved as submitted. Discussion was held on the need to improve the quality of site plan submittals and that dimensions should be included on all documents. VII. ADJOURNMENT Board of Adjustments and Appeals meeting was adjourned at 8 : 10 p.m. Jane VanMaldeghem Recording Secretary PLANNING COMMISSION MEETING MINUTES Shakopee, Minnesota REGULAR SESSION January 10, 1991 MEMBERS PRESENT: Kahleck, Joos, Lynch, Rockne, Christensen, Spurrier and Allen. MEMBERS ABSENT: None STAFF PRESENT: Lindberg Ekola, City Planner Karen Marty, City Attorney Dave Hutton, City Engineer Jane VanMaldeghem, Recording Secretary I. ROLL CALL Chairperson Kahleck called the meeting to order at 8: 10 p.m. Roll Call was taken as noted above. II. APPROVAL OF THE AGENDA The agenda was approved as submitted. III. APPROVAL OF DECEMBER 6, 1990, MEETING MINUTES Minutes were approved as presented. IV. RECOGNITION BY INTERESTED CITIZENS Chairperson Kahleck recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. PUBLIC HEARING TO CONSIDER A PROPOSED AMENDMENT ON MINERAL EXTRACTION Chairperson Kahleck opened the public hearing. City Planner stated the public hearing is being held, at the request of the City Council, to consider an amendment to the Shakopee City Code to delete mining and extraction uses from the conditional uses in an Agriculture (AG) and Rural Residential zones (R-1) . The City Council requested the Planning Commission review mineral extraction in the AG and R- 1 districts. Currently mineral extraction or mining and excavation activities are allowed with a conditional use permit in AG, R-1, I-1 (Light Industrial) and I-2 (Heavy Industrial) zones. City Planner also stated there is an application on the February 1991 agenda for mineral extraction in an AG zone; that applicant is present for discussion. Minutes of the Page - 2 Shakopee Planning Commission January 10, 1991 Discussion was held on an overlay map representing areas where mineral extraction could be conducted; thus allowing the City to restrict this use in certain industrial zones. David McKenna, 8221 Horizon Drive, (applicant for February 1991 meeting on a mineral extraction conditional use permit) stated that some AG parcels are not suitable for anything but mineral extraction. He stated that the proposed extraction operation would be completed within ten years. Following the land rehabilitation the site would be developed as proposed by the City (low density residential) . He would like to see the AG zone precluded from the deletions in the City Code. City Attorney stated that any decision made by the Planning Commission at tonight's meeting would not necessarily foreclose the upcoming conditional use permit request for mineral extraction. Mr. McKenna may still have the option of pursing his conditional use permit request for mineral extraction, but based on the decision of requested City Code amendment, may have to first request rezoning for his parcel. Discussion was held on roadways adaptable to mineral extraction uses. The structural capacities of roadways is an important consideration for mineral extraction sites. Chairperson asked for comments from the audience. There were none. Chairperson closed the public hearing. MOTION: Joos/Lynch moved to recommend to the City Council the deletion of mineral extraction as a conditional use from the Agriculture (AG) and Rural Residential (R-1) zones. Motion carried with Commissioner Rockne voting "no" . MOTION: Spurrier/Allen moved that as a part of the Zoning Ordinance update, staff prepare an overlay zoning map citing where mineral extraction uses could be a conditional use within the City. Discussion was held on the motion and concerns raised on using staff time for this project when the Comprehensive Plan basically includes this type of map and the City Council is requesting deletion only from the AG and R-1 zones. Commissioner Allen withdrew his second, based on the inclusion of the map in the Comprehensive Plan. Motion died for lack of second. Minutes of the Page -3 Shakopee Planning Commission January 10, 1991 VI . PUBLIC HEARING FOR REZONING OF LOTS 2 AND 6, BLOCK 1, EAGLE CREEK JUNCTION Chairperson Kahleck opened the public hearing. City Planner stated the rezoning request is for Lots 2 and 6, Block 1, Eagle Creek Junction plus the parcel to the east of Block 1, to be rezoned from an R-4 (Multi-family residential) to R-3 district (mid-density residential) . He stated these parcels are too small to be subjected to the R-4 setbacks, and this area seems to be more appropriate for an R-3 zoning. The property owners of the development have no problem with the rezoning and backup letters of support have been received from the owners of Lots 2 and 6. He also noted that the R-3 regulations were more appropriate for the parcel east of Block 1 owned by Mr. Howard Schmitt. Staff contacted Mr. Schmitt and reviewed the rezoning proposal with him. Mr. Schmitt indicated he was not opposed to the rezoning request. Chairperson Kahleck asked for comments from the audience. There were none. Chairperson Kahleck closed the public hearing. MOTION: Joos/Spurrier moved to recommend to the City Council the rezoning of Lots 2 and 6, Block 1, Eagle Creek Junction 1st Addition, and the property located at 1796 Eagle Creek Boulevard from R-4 to R-3 . Motion carried. Planning Commission recessed from 8:50 to 9: 00 p.m. VII. PUBLIC HEARING ON A CONDITIONAL USE PERMIT NO 602 - DENNIS HAUGEN Chairperson Kahleck opened the public hearing. City Planner stated the public hearing is to consider a request for a conditional use permit to allow the applicant, Dennis Haugen, to move a dwelling unit onto the property located at 2047 Eaglewood Lane, in an R-1 (rural residential) zone. He stated a conditional use permit is necessary anytime when a dwelling unit is moved in to a residential area. The City Planner noted the five ordinance requirements listed in Section 11. 05 Subd. 9 which are required in the moving of a dwelling unit. 1) The dwelling unit must equal or exceed in value that of the adjacent homes, 2) The owner must show proof Minutes of the Page -4 Shakopee Planning Commission January 10, 1991 of ownership, 3) The dwelling unit must be compatible with adjacent houses, 4) The dwelling unit must meet the requirements of the building code within six months after its relocation, and 5) The dwelling unit must be a permitted or conditional use in the zoning district. He further stated the findings as listed on the staff report for each requirement as follows: 1) The average estimated market value of the four adjacent properties as estimated by the Scott County Assessor's Office is $89, 100. He stated that the value of the proposed project was estimated by the Scott County Assessor' s Office at $85, 400 based on the information submitted by the applicant. 2) City staff has on file a copy of the proof of ownership. 3) A video tape of the site and surrounding properties was presented at the public hearing. 4) Bond amounts are more accurately determined at the time of building permit review. 5) The proposed single family residential land use is a permitted use in the R-1 district. City Planner identified an error in the Findings Section of the staff report under Finding #3 . A drainage plan is not a required document by the City Engineer with this request. Drainage plans were identified as being a part of the subdivision platting process and have been completed with the Eaglewood 3rd Addition plat. City Planner identified the recommended conditions as a part of the staff recommendation for approval as follows: 1. The Planning Commission finds that the structure meets and exceeds the value of and is compatible with the adjacent homes. 2 . The dwelling unit must meet all the requirements of the Building Code within six (6) months after it is moved. 3 . The applicant must post a certified check, letter of credit, or bond with the City equal in amount to the cost of abating all Code deficiencies prior to the release of the conditional use permit. 4. The applicant must obtain a permit for the driveway from the City Engineer prior to release of the conditional use permit. The City Attorney reminded the Planning Commission that the review of a Conditional Use Permit is a quasi-judicial proceeding. She noted that the facts must be applied to the law in Commission's decision. The question to be determined is does the Conditional Use Permit request meet the b Minutes of the Page -5 Shakopee Planning Commission January 10, 1991 requirements of the Zoning Ordinance. She explained the state law in relation to manufactured homes, and that it doesn't matter whether this is a mobile home or some other type of manufactured home. All manufactured homes are required to meet the building code and HUD standards. The City Attorney noted that the state law prohibits the City from refusing manufactured homes in the City but that they must also comply with the Zoning Ordinance. Dennis Haugen, applicant, 900 Knob Hill Road, Burnsville, was present for discussion. He stated the home is currently located in Michigan, awaiting resettlement in Shakopee. The applicant submitted a drawing of the proposed dwelling unit and presented photographs of the structure. He identified the dimensions of the structure as 28 ' x 60 ' . Commissioner Joos questioned the applicant as to how the structure would be attached to the foundation. The applicant stated that the structure would be attached in a similar method as other houses are attached to their basements. Chairperson Kahleck asked for comments of support to the conditional use permit request. There were none. Chairperson Kahleck opened the public hearing to opposing comments . Terry Forbord, 2103 Bridge Crossing, Shakopee, gave an extensive presentation of neighborhood opposition for the proposed move-in dwelling. He stated the residents of Eaglewood did not find out about this meeting until 48 hours ago since their homes are beyond the conditional use permit notification area dictated by the City Code. Mr. Forbord cited his credentials as a realtor to add credence to his opinions. Mr. Forbord presented a petition containing 38 signatures requesting denial of the conditional use permit to the Planning Commission. Mr. Forbord stated that the City Code does not define the term "value" , and the residents in opposition believe that "value" can mean personal value, as well as economical and financial value. He stated the residents signing the petition believe the value of this dwelling does not equal , or exceed, the value of the dwellings in the area. Mr. Forbord stated that mobile homes have a special use and designated zoning within the code. He then submitted a letter from Bruce Malkerson, attorney, representing Terry Forbord. Minutes of the Page -6 Shakopee Planning Commission January 10, 1991 The letter was read for the record. It stated in detail his opinion that the applicant has failed to meet the conditional use permit requirements. Mr. Forbord also presented a letter from Zack Johnson, citing his credential as a Registered Architect and Certified Planner. Johnson states that it is his professional opinion that the approval of this conditional use permit request will be incompatible with the existing character of the neighborhood. Mr. Forbord then read a letter into the record from Robert Schmitt, Senior County Appraiser, dated January 9, 1991, written to clarify any misconception from his original letter of January 4 , 1991, which gave an estimated value of $85, 400 to the proposed property after unit location. The letter of January 9, 1991, explains the emotion in the sale of real estate, and how potential buyers perceive conditions in an area of homes prior to buying. Mr. Forbord then showed a video to the Planning Commission of homes within the Brandondale-Chaska mobile home park and the homes in Eaglewood. Julie McGalis, 2051 Eaglewood Lane, stated the difference in depreciation of the existing homes in the area over the proposed move-in dwelling. She said she called a mobile home dealer that represents the type of home being proposed for move-in. According to the mobile home dealer, a basic unit, was worth $29, 400 in 1988, but in 1998 the unit is noted to be valued at $20, 000, from numbers obtained from the mobile home dealer's green book, similar to that used by car dealers, known as the "blue book value" . She added that any value beyond 15 years cannot be obtained. Don Bisek, 2020 Eaglewood Lane, commented on the definition of a "manufactured" home. He stated that Minnesota Statutes also defines a "mobile" home. He suggested it be determined if this dwelling is a "manufactured" home or a "mobile" home. Commissioner Christensen asked the City Attorney for definitions of "trailer home", "mobile home", and "manufactured home" . Barbara Hauger, 3827 Eaglewood Drive, stated her reason for requesting denial is that this home is not equal to the value of the homes in the area. Chairperson Kahleck asked for further comments of opposition from anyone not having been heard. There were none. 6 Minutes of the Page -7 Shakopee Planning Commission January 10, 1991 Dennis Haugen, applicant, stated that notification had been certified of his conditional use permit request to all residents within the 350-foot city code requirement. He then read a letter of support from Brian Guth, one of the neighbors in this 350 foot area, and submitted it to the Planning Commission for the record. He also stated that no where does he recall the code requiring his dwelling to be in architectural conformity. He presented a mortgage appraisal document stating the value, after settlement and improvements, of $105, 000 for his dwelling. He responded to the depreciation figures presented by stating that he paid $45, 000 for his home. The cost to complete his project is $115, 000. A house for sale never is listed below $100, 000. Rob Larson, 2084 Bridge Spur, questioned the figure given by Mr. Haugen, for basement installation. He said the figure of $38, 000 to $40, 000 for basement was extraordinarily high and had just installed a basement for under $15, 000. Julie McGalis responded that the figures she quoted were of a new 1988 home by the same manufacturer as Mr. Haugen's. Jeff Schultz, 2054 Eaglewood Drive, commented that the figures given by Mr. Haugen were very high. Roger Bauer, 2087 Eaglewood Lane, suggested that if the applicant is going to spend that king of money he should stick-build a home instead of moving in a mobile home. Terry Forbord stated that enough information has been presented to the Planning Commission for a denial based upon incompatibility and value. However, rather than have the conditional use request approved, he suggested it be tabled for further investigation of the new information presented by the applicant. He also stated that since the City Code does not define "adjacent", the whole neighborhood should be taken into consideration. Mr. Haugen stated he has documents to back up the figures given to the Planning Commission. Commissioner Spurrier requested staff to reconcile the differences in the information presents and get back to the Planning Commission. Commissioner Christensen noted her confusion over the appraisal and stated the need for the Planning commission to compare structures with structures, rather than structure plus land and other improvements. Minutes of the Page -8 Shakopee Planning Commission January 10, 1991 Chairperson Kahleck asked for the wishes of the Planning Commission relative to closing the public hearing. Joos/Lynch moved to close the public hearing. Commissioner Spurrier once again requested that staff sort out the conflicts. Commissioner Joos withdrew his motion to close the public hearing. Christensen/Rockne moved to continue the public hearing to the next scheduled Planning Commission meeting of February 7, 1991, and requests staff reviewal of the documents presented tonight, specifically in terms of the appraisal and further requests staff to confer with the County Assessor for a more detailed evaluation as to the structure and not the property. Terry Forbord stated the residents would like a certified national appraiser's evaluation, serial numbers, and manufacturer' s data. The applicant stated he believed he had met all the requirements for a conditional use permit. Commissioner Spurrier requested an opinion if the appraisal report followed proper procedure. Terry Forbord asked that the information being presented and additional information be shared with the individuals of the audience. Spurrier/Lynch moved the question. Motion carried to continue the public hearing with Chairperson Kahleck voting "no" . VIII .509 STORMWATER MANAGEMENT PLANS Dave Hutton, Public Works Director, and the engineering consultant from OSM were present for discussion with the Planning Commission of the 509 stormwater management plans. The Planning Commission tabled this item to the February 7 , 1991 meeting, placing it as one of the first agenda items at that time. e Minutes of the Page -9 Shakopee Planning Commission January 10, 1991 IX. PLANNING COMMISSION/CITY COUNCIL JOINT WORKSHOP A joint workshop has been scheduled with the City Council for January 15, 1991 . Chairperson Kahleck stated that the Planning Commissioners were to be present to advise the City Council , not to raise any new questions . This is a mandatory meeting since the date was agreed upon at an earlier meeting and everyone stated they could attend. X. RATIFICATION OF SIGNATURE/VALLEY PARK 10TH ADDITION The City Attorney requested that the signature of Eugene Allen be ratified to ensure that the action taken was appropriate. Spurrier/Rockne moved to ratify the signature of the Eugene Allen on the plat of Valley Park 10th Addition. Motion carried unanimously. XI . OTHER BUSINESS Discussion was held on a change of meeting times (from 7 : 30 p.m. to 7 : 00 p.m. ) . The conclusion of the Planning Commission members was to leave the time scheduled for 7 : 30 p.m. to allow necessary time to travel from work to the meeting. XII. ADJOURNMENT Meeting adjourned AT 11 : 45 p.m. Jane VanMaldeghem, recording secretary * 8 CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - JANUARY 1991 January 1991 January 1990 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 8 8 520, 500 4 4 236, 400 Single Family-Septic - - - 1 1 100, 000 Multiple Dwellings 1 1 93 , 200 - - - (# Units) (YTD Units) (2) (2) - (-) (-) - Dwelling Additions - - - 1 1 22, 000 Other 2 2 15,880 - - - New Comm. Bldgs - - - - - - Comm. Bldg. Addns. - - - 1 1 907, 000 New Industrial-Sewered - - - - - - Ind. Sewered Addns. - - - - - - New Industrial-Septic - - - - - - Ind. Septic Addns. - - - - - - Accessory/Garages - - - - - - Signs & Fences - - - 2 2 700 Fireplaces/Wood Stoves - - - - - - Grading/Foundation - - - - - - Remodeling (Res. ) 1 1 4, 000 1 1 1,800 Remodeling (Inst. ) - - - - - - Remodeling (Comm/Ind. ) 3 3 890, 100 5 5 26, 500 TOTAL TAXABLE 15 15 1,523, 680 15 15 1, 294 ,400 TOTAL INSTITUTIONAL - - - - - - GRAND TOTAL 15 15 1, 523 , 680 15 15 1, 294,400 No. YTD. No. YTD. Variances 1 1 - - Conditional Use - - - - Rezoning 1 1 - - Moving - - - - Electric 15 15 17 17 Plumbing & Heating 23 23 27 27 Razing Permits Residential - - - - Comm./Ind./Inst. - - - - Total dwelling units in City after completion of all construction permitted to date 4 , 489 Jeanette Shaner Building Department Secretary CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN JANUARY, 1991 8874 Hale Company 6896 Highway 101 Stg. Tank 14, 380 8875 Kajima International 1000 Valley Park Drive Offices 800, 000 8876 Novak Fleck 1136 Clover Court House 66, 000 L 22 B 1, Meadows 4th 8877 Novak Fleck 1216 Clover Court House 65, 000 L 17 B 1, Meadows 4th 8878 Novak Fleck 1204 Vierling Court House 55, 000 L 3 B 1, Meadows 2nd 8879 Greg Hoehn 631 Thomas Avenue Remodel 4, 000 8880 Minnesota Plumbing 1760 E. 4th Avenue Exhaust Hood 1,500 8881 New Canterbury Downs 1100 Canterbury Road Remodel 86, 000 8882 Novak Fleck 1300 Pondview Court House 68, 000 L 1 B 3, Meadows 3rd 8883 Gardner Brothers 1264 Ruby Lane House 80,800 L 7 B 1, Heritage Place 2nd 8884 Commercial Ind. Realty 1630-1634 Roundhouse Cir Twin Home 93, 200 L 3 B 1, Eagle Creek Junction 1st 8885 Novak Fleck 1129 Clover Court House 65, 000 L 1 & 2 B 1, Meadows 4th 8886 Bremer Construction 5276 Valley Ind. Blvd. Comm. 4, 100 8887 Gardner Brothers 1256 Ruby Lane House 62,700 L 6 B 1, Heritage Place 2nd 8888 Gardner Brothers 1224 Ruby Lane House 58, 000 L 2 B 1, Heritage Place 2nd SHAKOPEE COMMUNITY YOUTH BUILDING COMMITTEE MEETING MINUTES: JANUARY 11, 1991 9: 00 - 9: 45 A.M. MEMBERS PRESENT: LaVern Johnson, Gwen Marie Solseth, Joyce Bassinger Minutes from the meeting of December 8 , 1990 were approved by the members present. OLD BUSINESS: We still need applications for vacancies on the Committee. NEW BUSINESS: The need for a schedule for cleaning the fireplace was discussed. A street light has been installed. The funds were donated by the VFW. LaVern will send a letter thanking them for their support. The meeting adjourned at 9: 45 a.m. The next meeting c,f the Shakopee Youth Center Building Committee is scheduled for Saturday, February 9, 1991 at 9: 00 a.m. 4 (o TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, MN February 7 , 1991 Chairperson Melanie Kahleck Presiding 1 . Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of January 10, 1991 Meeting Minutes 4 . Recognition by Planning Commission of Interested Citizens. 5 . Presentation of Stormwater Management Plans - Dave Hutton, Public Works Director. (Please refer to January agenda packet. ) 6 . Discussion: Southerly By-pass Interchanges 7 . 7 : 40 P.M. PUBLIC HEARING: To consider an application for Mineral Extraction and Land Rehabilitation and a Conditional Use Permit for Open Pit Mining. Applicant: David McKenna Action: Resolution No. 604 8 . 7 : 45 P.M. PUBLIC HEARING CONTINUED: To consider a conditional use permit to allow the applicant to move a dwelling unit onto the property at 2045 Eaglewood Lane. Applicant: Dennis A. Haugen Action: Conditional Use Permit No. 602 9 . 7 : 40 P.M. PUBLIC HEARING: To consider an application for a conditional use permit to operate a truck maintenance garage at 1475 County Rd 18 . Applicant: Premier Fleet Services Inc. Action: Conditional Use Permit No. 607 10. 7 : 50 P.M. PUBLIC HEARING: To consider an ordinance amendment regarding wood storage. 11. 1991 Parks Five Year CIP Recommendation from Parks Advisory Board. 12 . Other Business a. b. 13 . Non-agenda Informational Items 14 . Adjourn Lindberg S . Ekola City Planner NOTE TO PLANNING MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Lindberg or Aggie on the Monday or Tuesday prior to the meeting at 445-3650 . 2 . If you are unable to attend the meeting, please call the Planning Department prior to the meeting. TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN February 7 , 1991 Chairperson Melanie Kahleck Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Election of officers for the Board of Adjustment and Appeals and Planning Commission. a. Chair b. Vice-chair c. 2nd Vice-chair 4 . Approval of January 10, 1991 Meeting Minutes 5 . Recognition by Board of Adjustments and Appeals of Interested Citizens. 6 . 1990 Board of Adjustment and Appeals and Planning Commission Annual Report. 7 . 7 : 30 P.M. PUBLIC HEARING: To consider a 28 foot variance from the required front yard setback to install an awning. Applicant: Parkside Printing Inc. Action: Resolution No. 605 8 . 7 : 35 P.M. PUBLIC HEARING: To consider a variance from the requirements of the sign ordinance. Applicant: Norwest Bank Action: Resolution No. 606 9 . Other Business a. b. c. 10 . Adjourn Lindberg S. Ekola City Planner NOTE TO THE B.O.A.A. MEMBERS : 1 . If you have any questions or need additional information on any of the above items, please call Lindberg or Aggie on the Monday or Tuesday prior to the meeting. 2 . If you are unable to attend the meeting, please call the Planning Department prior to the meeting. ft 147 AMZAK aABLE, MIDWEST, i3 137 - First Ave. E. • Shakopee,MN 55379 Barry Stock ) Shakopee City Hall 129 East First Ave JAN 8 j, Shakopee, MN 55379 Cri 't January 16, 1991 E� Dear Barry, On March 1, 1991, Amzak Cable will be increasing the rate we charge for basic cable service from $16.95 to $19 .20 (not including sales tax) . While we regret the need to increase our rates, we are left with no alternative if we expect to provide the current level of service our customers enjoy. Over the past year several of our customers have been requesting American Movie Classics so we have decided to add the channel back on channel 50 . The Sci-Fi Channel will be added in the fall of 1991 or as soon as the channel is launched. Attached for your reference is a recently completed survey of local cable company rates. You will note that we are still less expensive than surrounding communities . For your information, the increases in operating expenses which we have experienced since our last increase in September, 1990 have been virtually across the board-- everything from salaries to property taxes . Our comprehensive insurance coverage alone is expected to increase in 1991 by over 40% . Our programming expenses for 1990 rose 22% and we project an increase of at least another 17% in 1991 . Realizing that rate increases are never pleasant for anyone, if I can provide you with any additional information to handle any inquires you may receive, please let me know. Also, feel free to refer any customers to me directly and I will be happy to answer any questions they may have. If you have any questions please feel free to call . Regards, Mike Kazma Vice President /3 ft AMZAK ABLE, MIDWEST, Ii (612)445-6151 137 - First Ave. E. • Shakopee, MN 55379 CABLE BASIC RATES--- JANUARY 1, 1991 (BEFORE SALES TAX) Paragon $21 .50 (A monthly access fee of .57/sub is also applied plus state tax and 5% franchise fee) communities served are Minneapolis, Eden Prairie, Minnetoka Continental $20 .40 communities served are Burnsville Triax $19 .99 communities served are Victoria, Waconia, Mound Star $19 .95 communities served are Savage, Prior Lake, Apple Valley Nortel $19 .95 (includes franchise fees) communities served are Bloomington, St Louis Park, Fridley Amzak $19 .48 (includes franchise fees and access fees) communities served Shakopee and Chaska l3 f z * AMZAK t ABLE, MIDWEST, IN-�;. (612)445-6151 137 - First Ave. E. • Shakopee, MN 55379 Barry Stock Shakopee City Hall 129 East First Ave Shakopee, MN 55379 January 4, 1990 Dear Barry, Enclosed is the quarterly report for the quarter ending December 24, 1990 . The number of basic subscribers increase by 82 which was the result of a free installation offer. Pay units are continuing to slide which is following the national trend. As you know, Midwest Sports Channel was removed from the basic lineup on November 1, 1990 . The Sci Fi Channel is going to be added to the basic lineup sometime in late summer depending on when the channel is launched. Pay per view sales are increasing slowly and starting in the next few weeks on channel 53 a 30 minute promo show will be aired 12 times a day previewing upcoming movies and events. If you need additional information please feel free to call . Sincerely, Mike Kazma Vice President � ►s MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Regional Transit Board Funding (Non-agenda Info) DATE: January 31, 1991 INTRODUCTION: Recent legislative action requesting various State Department cuts in funding have prompted the Regional Transit Board to pursue drastic cuts in the levels of transit programming and funding. The Regional Transit Board will also be proposing cuts for Opt-Out Programs and services. BACKGROUND: In 1981 the Minnesota Legislature passed State Statute 174 . 264 commonly known as "Opt-Out" . This legislation allowed communities who were served with peak A.M./P.M. service to opt-out of the Metropolitan Transit Commission. In essence, the legislation provided those communities who selected to opt-out with the ability to get back 90% of the transit tax levied dollars in their community to fund their own transit system. The City of Shakopee has traditionally utilized less than the amount that was available to us. This was done intentionally in order to provide cost efficient service future justification for further tax feathering in the area of Transit taxation. In 1991, the City of Shakopee ' s request for transit funding from the Regional Transit Board equated to 70% of what was actually available to the City of Shakopee through local property tax dollars levied. In an attempt to comply with the State Legislature ' s recent budget cuts, the Regional Transit Board is proposing a variety of cuts in programs and services. One of the proposed cuts involves Opt-Out Programs. The Regional Transit Board will be requesting opt-out communities who have funding agreements with the Regional Transit Board to make cuts in their programs. The cuts being proposed by the Regional Transit Board for the City of Shakopee ' s 1991 Budget equate to approximately $6, 000. The proposed funding cut will have little or no impact on our program. However, the proposed funding cuts on other opt-out systems are dramatic. Staff believes that the Regional Transit Board does not have the legislative authority to cut opt-out transit program budgets. The 1981 Legislation clearly specifies that opt-out communities are entitled to receive up to 90% of the transit tax contributions levied in their community. While the Regional Transit Board' s proposed cuts for Shakopee ' s transit program are not significant, staff believes that it is important for all opt-out communities to remain united on the legislative intent of the Opt-Out Legislation as approved in 1981 . Therefore, unless otherwise directed by City Council , staff will be defending the City' s right to retain 90% of the transit tax levied dollars in our community for transit related activities providing that such activities comply with the Regional Transit Board' s fare box recovery and operating standards. l-c A meeting with opt-out communities and RTB officials has been scheduled for Thursday, February 7, 1991 at 5: 30 in the Eden Prairie Council Chambers. I have informed area legislators of the Regional Transit Board' s proposed course of action. I will keep City Council up to date as this issue develops. 17 MEMO TO: Dennis Kraft, City Administrator FROM: Steve Hurley, MIS Coordinator . ,, SUBJECT: Fire Department Computer Hard Drive (Informational) DATE: February 1, 1991 INTRODUCTION: The Fire department has replaced a defective 80 megabyte hard drive with a 150 megabyte drive. BACKGROUND: This is an informational memo to Council . In February of 1990 Council approved the purchase of a computer for the Fire department. The configuration of the computer included an internal 80 megabyte hard drive. The intention was to attach an additional 80 megabyte drive to provide the necessary storage capacity. A few weeks ago the internal hard drive failed. The drive was under warranty but it could not be replaced without a delay of several weeks. The fire chief, Charlie Ries, felt that the delay was not tolerable. He therefore purchased a 150 megabyte drive for $569 . The Fire department will be taking the money from equipment maintenance fund. W(...1.)WWWWWWWWrJWW • WW :.-)WWW"--W H :.JWWWWWWWW_)WWWW:JCJC] 4):' 0000000000u1000 . 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(1)4- N) WO) 00 000NrW A 0vrrWOU))W000AU)WA(flNOA ✓ (O(0 NN OrU)(OU)U) NWrONCJOAU)rNWAWU)A000rV ✓ D.< 0 ,1-4 W W N X-1 W 0(0 - N r W rrCNr N Nv -00 co VV VV U)v 00) (0 N)N0 N)NO COC)--AV --Jul m -10 N AA AA W(D WN co N)WVV CAA0rV O)W AW 0 D W WW U1(11 01(0 I.-OD 0) rCJCOANrAAAAW NW '0 O ✓ U'U) 00 U)U) 00 0 0000000000U) 00 m 0 00 00 000000 000000000000000000000 Z O 00 00 000000 00000000000000CO00000 0 X r r CO (O WW (00 0)W U)r (O 0000AWW U)W(ONv WW A ✓ (D(D NU) I-I-• 0)O r O U)v 0)N CJCOWVN(51 WO) 0 (D 00 WW CnWOO-1r Cn000000WU)W 'fix Z ` -a TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 5, 1991 Mayor Gary Laurent presiding 1] Roll Call at 7: 00 P.M. 2] Approval of Agenda 3 ] Recess for H.R.A. Meeting 4] Re-convene 5] Liaison Reports from Councilmembers 6] Mayor's Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] 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. ) *9] Approval of Minutes of January 15th, 22nd, and 29th, 1991 10] Communications: a] Paul Schwaesdall re: on sale liquor license 11] 7: 00 P.M. Public Hearing on proposed assessments for instal- lation of street light on Tyler - Res. No. 3352 12] Boards and Commissions: None 13] Reports from Staff: a] Accident Insurance for Boards and Commissions b] Street Light - 4th and Harrison c] Engineering Services for Shumway/Scott & Jackson/Harrison Improvement Projects d] Murphy's Landing - Trail Along TH 101 e] McKenna Road Improvements *f] Underground Storage Tanks g] Approve Bills in Amount of $117,212 .87 *h] Minnesota Valley Trail License Agreement Amendment *i] Amendment to Lease with Valley Ice Arena, Inc. *j ] Flags on 1st Avenue *k] AMM Labor Relations Subscriber Service Bill TENTATIVE AGENDA February 5, 1991 Page -2- 14] Resolutions and Ordinances: *a] Res. No. 3348 - Terminating Deferred Compensation Plan (IDS) *b] Res. No. 3351 - Declaring Cost to be Assessed and Setting Public Hearing on Vierling Drive Water- main, Project 1990-2 *c] Res. No. 3353 - Accepting Work on Killarney Hills, Project 1989-7 *d] Res. No. 3354 - Accepting Work on Tahpah Park Lights, Project 1990-6 *e] Res. No. 3355 - Accepting Work on Vierling Drive, Project 1988-1 *f] Res. No. 3356 - Supporting County Action Regarding Amend- ing The Ag Tax Law g] Ord. No. 305 - Expanding Membership on the Park & Rec Advisory Board 15] Other Business: a] City-County Conflict Resolution - this item is on the agenda at the request of Cncl.Sweeney b] c] d] 16] Adjourn to Tuesday, February 19, 1991 at 7 : 00 P.M. Dennis R. Kraft City Administrator REMINDER: Committee of the Whole will meet on Tuesday, February 12, 1991 at 7:00 P.M. to discuss studying the City's financial status TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting February 5, 1991 1. Roll Call at 7 : 00 P.M. 2 . Approval of the January 8 , 1991 Meeting Minutes 3 . Rehab Grant Program 4 . Other Business 8( "1"/ �G sf a) /11A/00t. &G 4, U i% S /�r1 O no O f / GA F- �4.�' 0 C3 b) 5. Recess for an Executive Session following Council Meeting to discuss land purchase offer. 6 . Reconvene 7 . Adjourn Dennis R. Kraft Executive Director 2- OFFICIAL OFFICIAL PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 8 , 1991 Chairperson Vierling called the meeting to order at 7 : 16 p.m. with Comm. Zak, Clay, Sweeney and Wampach present. Also present were Dennis Kraft, City Administrator; Barry Stock, Asst. City Administrator; Dave Hutton, City Engineer; Lindberg Ekola, City Planner, Karen Marty, City Attorney and Judith S . Cox, City Clerk. Clay/Sweeney moved to approve the minutes of December 4 , 1990 . Motion carried unanimously. Sweeney/Wampach moved to nominate Cncl . Clay for Chairman of HRA. Cncl . Clay nominated Joe Zak for Chairman of the HRA. Sweeney/Wampach moved to close nominations for Chairman of HRA. Sweeney/Clay moved a unanimous ballot be cast for Joe Zak for Chairman. Motion carried unanimously. Clay/Wampach moved to nominate Cncl . Sweeney as Vice Chairman of HRA. There were no other nominations. Clay/Zak moved a unanimous ballot be cast for Bob Sweeney as Vice Chairman of HRA. Motion carried unanimously. Cncl . Sweeney nominated Jerry Wampach as Secretary of HRA. There were no other nominations. Sweeney/Clay moved a unanimous ballot be cast for Jerry Wampach as Secretary of HRA. Motion carried unanimously. Barry Stock reminded the Commission to turn in any interest in real estate within the City limits that they may have to him. Barry Stock informed the Commission that he had an inquiry from an interested developer for a piece of property the City owns located on the east side of Market street near the 5th Avenue Project. It would consist of selling an outlot of about . 67 acres . Sweeney/Vierling moved to offer Outlot A (Macey 2nd Addition) for sale and obtain an appraisal . Motion carried unanimously. Sweeney/Wampach moved to adjourn. Motion carried unanimously. Meeting adjourned at 7 : 30 p.m. Dennis Kraft City Administrator Carol Schultz Recording Secretary # 3 MEMO TO: Shakopee Housing and Redevelopment Authority (HRA) FROM: Barry A. Stock, Assistant City Administrator RE: Rehab Grant Program DATE: February 1, 1991 INTRODUCTION: The Rehab Grant Program was established officially as a one year 1990 program. The Downtown Committee and Community Development Commission (CDC) are recommending that the program be continued in 1991 . BACKGROUND: The Downtown Rehab Grant Program was established as a one year program with two separate funding cycles. In 1990, the Shakopee HRA dedicated $50, 000 from the HRA reserve fund to implement the Rehab Grant Program. In 1990 the HRA received and approved eight (8) Rehab Grant Program Applications. Estimated total improvement costs associated with the Rehab Grant application requests equated to over $64 , 000. The total amount of grant funds requested in calendar year 1990 equated to 25% of that amount or ($16, 070) . Therefore, approximately $34 , 000 of the initial allocation was unused. Both the Downtown Committee and CDC believe that the Rehab Grant Program was very effective in stimulating improvements in the downtown area. Staff also believes that we did a good job of informing business owners and property owners in the downtown area of the program and its benefits. The Downtown Committee and CDC are not recommending any changes to the program guidelines. They are recommending to the HRA that the program be continued in 1991 utilizing the remaining $34 , 000 of the initial $50 , 000 allocation. ALTERNATIVES: 1 . Move that the Rehab Grant Program be continued in 1991 allocating $34 , 000 in grant funds to the program. 2 . Discontinue the Rehab Grant Program in 1991 and revisit the concept in 1992 . 3 . Move that the program be continued in perpetuity until such time that the remaining $34 , 000 of grant funds are allocated. 4 . Table pending further information from staff. 5 . Do not continue the Rehab Grant Program in 1991. STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Move that the Rehab Grant Program be continued in 1991 allocating $34 , 000 in grant funds to the program. EX . SES r 4 a' ON MEMO TO: Shakopee Housing and Redevelopment Authority (HRA) PROM: Barry A. Stock, Assistant City Administrator RE: MnDOT Acquisition of Parcel 10, Block 4, OSP DATE: January 31, 1991 INTRODUCTION: In conjunction with the construction of the mini by-pass, the State of Minnesota will be acquiring Parcel 10, Block 4, OSP. The State of Minnesota has completed their appraisal of the property and have made an offer in the amount of $53 ,400. 00 for said property. BACKGROUND: Shown in attachment #1 is a map indicating the subject property. The property is presently owned by the Shakopee Housing and Redevelopment Authority. The size of the property equates to 10, 676 square feet. The proposed acquisition price equates to $5. 00 per square foot. The subject property was acquired by the Shakopee HRA in 1986. Prior to the acquisition of the property, the HRA did order an appraisal. In review of the appraisal that was completed on July 25, 1986 by Mr. James A. Link, the land value placed on the property based on comparable sales equated to $6. 60 per square foot. In light of the 1986 appraisal, it would appear that the State appraisal is low. Shown in attachment #2 is a summary of the comparable land sales that Mr. Link used in computing the 1986 appraised land value for the subject property. The City of Shakopee recently ordered an appraisal of the Marquette Bank building. The appraisal completed by Peter Patchin and Associates, Inc. placed a land value on the Marquette Bank site based on comparable land sales at $112, 000. 00. This equated to $3 .91 per square foot. (Shown in attachment #3 is a summary of Mr. Patchin's land value comparables. ) The total appraised value of the bank building and property equated to $650, 000. The City of Shakopee recently offered $885, 000 to the owners of the Marquette Bank building for acquisition of said property. If a percentage correlation is applied to the original appraised value versus the actual purchase price, the actual land value being paid for the Marquette Bank property equates to $5. 32 per square foot. Staff believes that the HRA property is superior in location to the Marquette Bank property by 5%. If a 5% location indicator is applied to the actual land value being paid by the City of Shakopee for the Marquette Bank site, the adjustment value equates to $5.59 per square foot. While this value if significantly less than the land appraised value suggested by Mr. Link in 1986, staff believes that $5. 59 per square foot is a reasonable and fair amount. Based on the previous City appraisals, staff would like to recommend to the Shakopee HRA that a counter offer be made to the Department of Transportation for the property in question. Staff would like to suggest that a counter offer in the amount of $5. 59 per square foot be proposed. In the event that the Department of Transportation selects to decline the City' s counter offer, the Shakopee HRA will be faced with the dilemma of either accepting their original offer or pursuing the matter through condemnation. In the event that our counter offer is not accepted, staff is hesitant to recommend the condemnation process. The condemnation process would be time consuming and costly for both parties. Since the City of Shakopee does have several recent appraisals on file, I am not recommending that we order another appraisal of the subject property. I believe that we have adequate information on file to support the proposed counter offer. ALTERNATIVES: 1. Direct the appropriate HRA officials to make a counter offer to the Department of Transportation in the amount of $5. 59 per square foot for the property identified as Parcel 10, Block 4, OSP. 2 . Accept MnDOT's offer in the amount of $5. 00 per square foot and direct the appropriate HRA officials to proceed with the purchase agreement. 3 . Obtain an appraisal on the property in question prior to making a counter offer to MnDOT. 4 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Move to direct the appropriate HRA officials to make a counter offer to MnDOT in the amount of $5. 59 per square foot for the parcel identified as Parcel 10, Block 4, OSP. \ f Mn/DOT percol.col t tach::.ent R� ''�'^ 7 ©� 9'I PARCEL C�-S+, L; `f,0 4 </ g:� * . MINNESOTA DEPARTMENT OF TRANSPORTATIONVila; anF Topographic information required; Proposed R/W line & access taking. Lot lines & dimensions. - Show north arrow. Outline & location of buildings & irtprovoments. Streets or highway frontage. S.P. 7009( 169=5 )902 COUNTY Scott PARCEL NO. 10 OWNER HOWARD H. HERRGOTT Scale 1 ' = 50 ft. N \-----3-12c3 - ', ..: \ B61 1g1a.\ \ 9\} lm i • o _\,. / 2S8I , ` \------ – — 1...__\---- S i. ��l� a ONO ' D•W`( 'ESM — - -�-�f�— S�� 12 , 60 Is‘C (..5) \ ),(7.1' ---- --:-• ----- - ,_ \ / /__\, l ...lir ---- ...-G- -.......-____---___- 4,$.11 -‘111 .-\ e a\bq 1 - --j? jDt 0 1\r\ , f- .---� it- . . c--A woc4/`14‘L ---4_, - 1,=:----'--- \,. St _13.1 Illii11)\-P &AG fitilA?•( S c"::.--- 6 \ :Is I, • . Dye ‘. t ' r \ (146: ' O,t : CLQ , k\ ,S i, - �7 Q30 vil \ % ii % \ ..::. \ 0 '1;Ti \ ,4 3 .,,, !A: --) \ '� •:. 1 tli i,:t. . c.-) r ' ;-------\\\' ,,, \ \--- - . 1 viotic\ , Bic,\ -.0.• , /).._„ cs, l r• • C* ! t moi,\ .f) -, ve,--_, \ 1\ _ U a t VLA I\ , 2' �-- o, CONC. S ° 8624 CSG ..1 -u) A __..1 , moo, z ` o\-\ 10 e862.4 CSG o B624 oC- 9.51 SW v CSS1 \ \:' ' \ t i.---'....---555-Al \ 0 O\\ 8 - by D.. 6 - -90 Pcrcef No. 12 Lcyout sKe-ch VVG ��'Q Attachment *2 COMPARABLE LAND SALES SUMMARIZED 4 Sale Price Type Sale No. Date Per Sq Ft. Size Conveyance 1 . 06/86 $ 6.65 25,560 Sq. Ft. Short Term C/D 2. 10/83 $ 5.40 43,995 Sq. Ft. Cash 3. 10/84 $ 5.56 18,000 Sq.Ft, Market Rate C/D COMPARABLE LAND SALE ADJUSTMENT GRID Sale Price Other/ Net Indicated Sale No. Per Sq. Ft . X Time X Size X Location = Adjustment = Sq. Ft . Valu 1 . $ 6.65 1.00 1. 13 .90 1.02 $ 6.78 2. $ 5.40 1.23 1.24 .75 1 . 14 $ 6. 16 3. $ 5.56 1 .28 1 .08 .90 1 .24 $ 6.89 RECONCILIATION Sales one and three were judged superior in location by 10%, they are un- affected by highway traffic and parking problems. Sale number two is considered the prime corner in the City and is judged superior by 25%. Based on the above analysis, it can be concluded the estimated sale value of the subject property is: 10,721 Square Feet @ $ 6.60 per Square Foot $ 70,865.81 "SAY" $ 70,900.00 I s8 • • 9065 10 COST APPROACH TO VALUE Land Valuation Explanation of Adjustments Time of Sale: Estimated appreciation at 0% . Location: Based on appraiser' s judgement of locational features. Shape, Soil & Topography: Comparable Sale #6 was an odd shaped parcel, and was adjusted 10% . Other: Comparable Sale #2 was purchased at a bankruptcy auction and was adjusted 20% . Analysis The six comparable land sales indicated a range in value from $3 . 77 per SF to $4 .43 per SF, and an average indicated value of $4 . 00 per SF. Comparable Sale #3 at $3 .77 per SF, is considered the most simi- lar to the subject in zoning and location. The appraiser will give weight to Comparable Sale #3 and the average of all sales in determining the subject' s value. Thus: Comparable Sale #3 $3 . 77/SF Average Of All Sales $4 . 00/SF Estimated Subject Value $3 . 90/SF 28 , 620 SF x $3 . 90/SF = $111, 618 t Peter J. Patc in d: Aaeociate8, Inc. 9065 Attachment iia 8 COST APPROACH TO VALUE Land Valuation . 3 a h 41 .21 N N N N N C� ee .1 a 0, . , . . t.., .., , 0 (4 C a MI Z .4. O .1 .. .. O 7 I. O O 00 0 0 O . p N S O 0 O O 0 •+ 8. .. .4 G a .i a a a a a s � n � . .4 0 .. .. 0 O N b; - G O .1 O 0 2.10 0 • no y•q�q77� ;: i c N N N N N .11 O 0 0 0 0 O 0 0 0 00 0 O •t O f • •6: : r P . O p .N. A N N N N N Ce . • ti : O m 0 • C SN• - n n w G N u O nO% b . P- O r V • so . O w = r n CC N N . n r.. • 1 1 1 I t I N •• • • Oo rM pta y •gig .aE > 8 1 > . 4E1 U h t• < . 72 _� 4p5 E ( .44. 'off M 5ia the �e Elf E1-e a-t.2 e ii " 4. n r Peter . Pat'"•- L- k c:a:es, .r._ 4)F OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA JANUARY 15, 1991 Mayor Laurent called the meeting to order at 7:05 P.M. with Councilmembers Zak, Sweeney, Clay, and Vierling present. Councilman Wampach was absent. Also present were Dennis R. Kraft, City Administrator; Karen Marty, City Attorney; Dave Hutton, City Engineer; Lindberg Ekola, City Planner; and Judith S. Cox, City Clerk. Mr. Kraft updated the City Council on labor negotiations. He stated that he will be meeting with the Teamsters 320 business agent tomorrow. He also informed Council that a potential grievance issue has come up and that he will be meeting on it tomorrow. Vierling/Sweeney moved to adjourn to Tuesday, January 22, 1991 at 7 :00 P.M. Motion carried unanimously. The meeting adjourned at 7 :09 P.M. The Council then met as a Committee of the Whole with members of the Planning Commission to discuss the Shakopee Comprehensive Plan: 1990 - 2010. Ju ith S. Cox ' y Clerk 5/7 OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MN JANUARY 22 , 1991 Mayor Laurent called the meeting to order at 7:00 p.m. with Cncl. Vierling, Clay, Zak, and Sweeney present. Cncl . Wampach was absent. Also present were Dennis Kraft, City Administrator; Barry Stock, Asst. City Administrator; Lindberg Ekola, City Planner; Dave Hutton, City Engineer; Karen Marty, City Attorney; and Judith S. Cox, City Clerk. Mayor Laurent read the City's Non-Discrimination Policy. The following items were added to the agenda: 14a - DNR Trail at Murphy's Landing. 14b - Premise Permit for Knights of Columbus, (Consent Item) 14c - Discussion on amendment to property tax laws. 14d - U.S. Flags on 1st Avenue. Sweeney/Clay moved to approve the agenda as amended. Motion carried unanimously. Liaison reports were given by Councilmembers. Mayor Laurent gave the Mayor's report. Mayor Laurent asked if there was anyone from the audience who wished to address anything not on the agenda. There was no response. Item 9b was removed from consent business. Sweeney/Clay moved to approve the consent business. Motion carried unanimously. Sweeney/Clay moved to approve the minutes of January 8, 1991. (Motion approved under consent business) . Sweeney/Clay moved to approve the request of the VFW Ladies Auxiliary Post #4046 to fly a P.O.W./M. I.A. Flag on the Monument at Memorial Park in Shakopee. (Motion approved under consent business) . Discussion ensued as to whether or not the Statton Survey could be eliminated in regards to the Metropolitan Area Management Association regarding dues for labor relations subscriber service. Dennis Kraft said he would look into that possibility and come back with more information. Vierling/Zak moved to table the Metropolitan Area Management dues for labor relations subscriber service. Motion carried unanimously. Proceedings of the January 22 , 1991 City Council Page -2- Sweeney/Clay moved to receive and file the letter from Steve Hurley, MIS Coordinator, regarding Police Phone System. (Motion approved under consent business) . Clay/Vierling offered Ordinance No. 303, An Ordinance of the City of Shakopee, Minnesota, Rezoning Certain Land From R-4 to R-3 , Which is Generally Located South of County Road 16 and East of County Road 17 , and moved for its adoption. Motion carried unanimously. The City Planner reviewed a proposed ordinance deleting mineral extraction as a conditional use from the agricultural and the rural residential zoning districts. He said the Planning Commission passed a motion recommending that the City Council delete mineral extraction from those two districts. The passing of this Ordinance would allow only mineral extraction in the Industrial zoning areas. He said there was an application filed on January 3rd, for a mining permit, which is scheduled to be heard on February 7th by the Planning Commission. The applicant's property is currently zoned agricultural. Dave McKenna, 8221 Horizon Drive, said he is the applicant and the land intended for this mining is unusable for farming. They would like to reclaim 18. 5 acres for crop land. The reclamation will be an ongoing process and they have mined this land for 3 generations now. Cncl. Zak asked how his neighbors felt about this operation. He replied that he has received no adverse reactions but that there is a public hearing coming up on February 7th. If the ordinance is passed then Mr. McKenna would have to apply for rezoning. Zak/Clay moved to table Ordinance 304, (deleting mineral extraction as a conditional use from the agricultural (AG) and rural residential (R1) zoning districts) . Motion carried unanimously. Clay/Vierling moved to direct staff to bring this item back for Council 's consideration on February 19. Motion carried with Cncl. Sweeney and Zak opposed. Mayor Laurent opened the public hearing on Street Reconstruction to: Shumway Street between 3rd and 6th and Scott Street, between 6th and 7th. Mr. Hutton said the feasibility was completed and submitted to the Council on January 8. He said the area is located within the original plat of Shakopee. The existing zoning is residential. Since the construction of the streets there has been only normal street maintenance but they are now at the point of needing complete reconstruction. There are no sidewalks on Shumway or Scott Street. The project scope was expanded to look at Shumway between 3rd and 2nd, basically the street is in the same condition, there are no utilities in that area. The proposed improvements are to 7 Proceedings of the January 22, 1991 City Council Page -3- change the width from 44 ft wide to 36 feet wide which is the present practice of constructing new roads. The cost estimates were based on 36 feet for Shumway and for Scott street the cost estimate was prepared for 44 feet. They are alsc proposing sidewalks on one side of Shumway. There is no sidewalk proposed for Scott street at this time. There is no major work associated with this project. The total cost estimate for Shumway is $128, 000. 00 and the total cost estimate for Scott is $41, 000. 00. Total cost for both roads plus administrative costs and contingency is approximately $233 , 670. 00. All storm sewer work will be funded by the storm sewer utility fund, all watermain work will be funded by Shakopee Public Utilities, sanitary sewer work will be funded by the sanitary sewer fund, the only portion that will be assessed will be the street, curb and gutter and sidewalks. The current city Assessment policy is to assess 25%. Total proposed assessment is about $1, 100. 00 per lot and the assessments may be spread out over 10 years on the property tax statement. The estimated assessment per lot for Scott street is approximately $1, 095, 00. Mayor Laurent asked for comments from the audience. He stated that he would like to hear whether residents wanted the street reconstructed to 36 ' or 44 ' and whether or not they would like a sidewalk installed. Fred Lebens, 5th and Shumway, said he would like the roads left at 44 feet and there is no need for sidewalks. Jerome Steinhoff, 4th and Shumway would like the roads left at 44 feet and no need for sidewalks, in favor of proposed project. Cncl. Vierling said she concurs with the 44 foot wide streets. Cncl. Clay said he feels the sidewalks should be kept on the project and that the roads should be reconstructed to 36 feet wide. Cncl. Sweeney and Zak also supported reconstructing 44 foot wide streets. Mayor Laurent closed the public hearing. Sweeney/Clay offered Resolution No. 3343 , A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for Shumway Street, 3rd Avenue to 6th Avenue; Scott Street, 6th Avenue to 7th Avenue and moved for its adoption. Motion carried unanimously. Sweeney/Zak moved to direct staff to prepare the plans and specifications setting street width at 44 feet and omitting the sidewalks. Discussion ensued on whether or not sidewalks should be eliminated completely at this time for this project. The City Engineer said sidewalks can be ordered for this area at any time. Discussion ensued on whether or not it would be more cost feasible to install them now or later at more of a cost to the City. If the Proceedings of the January 22 , 1991 City Council Page -4- sidewalk was installed later the sidewalk would be assessed at 100% to the owners if it is done now 25% would be assessed to the owners. Motion failed with Mayor Laurent, Cncl. Vierling and Clay opposed. Clay/Vierling moved to construct the project with street widths of 44 feet. Motion carried with Mayor Laurent opposed. Vierling/Clay moved to construct the sidewalks as proposed on the one side of Shumway. Motion fails with Mayor Laurent, Cncl. Sweeney and Zak opposed. Mayor Laurent opened the public hearing on Street Reconstruction to Jackson Street between 11th and 12th and Harrison Street between 11th and 12th. Mr. Hutton said there are no sidewalks in any of this area and the current roads were constructed at 40 feet width and there is considerable pavement distress due to poor drainage and subsoils. He reviewed two possibilities of making improvements in this area: One is to take out 6 feet of material or eliminate upper 3 feet and put in drains. Neither one is recommended. It is staffs belief that the road condition is due to improper installation of the roads from the beginning. They are proposing an 8 inch gravel base to provide additional stability on these streets and they will continue to monitor frost upheaval on these streets and take another closer look in the Spring. Total project cost is $140, 800. 00, total assessed amount is $35,200. Approximate cost per lot is $600. 00. There is a $26, 400 credit applied for shortened life span of this road. Mayor Laurent asked if there was anyone from the audience who wished to address this issue. Gary Hughes, 1167 Harrison, said he does not remember this road ever being sealcoated and he is for this project. Dave Homoka, 1186 Harrison said he is for the project but does not feet they should have to pay for it. Mayor Laurent reviewed the credit that was issued for the shortened life span. Steve Kurvers, 1197 Jackson, said he does not feel it is feasible at all unless the 10th and 12th blocks are done also. Tom Haugen, 1166 Harrison, asked if it is found that it needs more work would there then be another public hearing. Mayor Laurent replied that if there is any change order that would result in a significant increase in the assessments, the Council would notify all owners and have another public hearing. Rick Garlock, 1156 Jackson, said that the project is needed and asked if the developer were liable for the road not lasting 20 years. Mayor Laurent reviewed the developers position in this kind of project. - 9 Proceedings of the January 22 , 1991 City Council Page -5- Cncl. Clay asked why 10th and 11th are not included in this project. The City Engineer replied that there is a very small portion of Jackson that is suffering but it is not large enough to warrant doing the whole street at this time. John Drees, 1146 Jackson, said he feels it is a design flaw, agreeing with the City Engineer. Lloyd Burdine, 1176 Jackson, supports the project but does not feel they should be assessed for this project and asked how long the project will take and said he would like to see a little less truck traffic on this road. The City Engineer replied that it would take approximately 2 months with good weather. Mayor Laurent closed the public hearing. Clay/Vierling offered Resolution No. 3344, A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for Jackson Street and Harrison Street Between 11th Avenue and 12th Avenue, Project No. 1991-2, and moved its adoption. Motion carried unanimously. Mayor Laurent called a 10 minute recess at 9:35 p.m. Mayor Laurent reconvened at 9:45 p.m. Sweeney/Vierling moved to approve the Star City 1991 One Year Work Plan as submitted by the Community Development Commission. Motion carried unanimously. Zak/Sweeney moved to approve the Star City 1991 Five Year Economic Development Work Plan as submitted by the Community Development Commission. Motion carried unanimously. Cncl. Clay said that he feels uncomfortable with the fact that the City has no way of enforcing snowmobile laws. He said he would like staff to look into what the neighboring cities are doing by way of snowmobile enforcement within the city limits. Discussion followed. Police Chief Tom Steininger was present and answered questions. Sweeney/Vierling moved to observe the results of educational effort through media and snowmobile club and install additional regulatory signs in areas where snowmobiling continues to be a problem as recommended by the Police Chief. Clay/Zak moved to amend the motion to have staff monitor the affects of the educational efforts and investigate what our neighboring cities are doing in regards to snowmobile enforcement issues and come back to City Council at the second meeting in February. Motion carried unanimously. Motion carried unanimously on main motion as amended. Proceedings of the January 22 , 1991 City Council Page -6- Sweeney/Clay moved to approve the request and grant a license with Save O'Dowd Lakes Chain Association for the purpose of providing electrical power and the operation of aerators at O'Dowd Lake. (Motion approved under consent business) . Sweeney/Clay moved to approve the application and grant an On-Sale Non-intoxicating Malt Liquor License to Aries I Pizza, DBA Pizza 'n' Pasta, 584 Marschall Road. (Motion approved under consent business) . Vierling/Sweeney moved to direct staff to submit a request to MN/DOT State Aid Office to add Valley View road, between County State Aid Highway 83 and McKenna Road, to the Municipal State Aid System of Shakopee. Motion carried unanimously. Sweeney/Clay moved to authorize and direct proper city officials to release Outlots A and B, Valley Park 7th from the Subdivision Agreement dated July 19, 1989. (Motion approved under consent business) . Sweeney/Clay moved to remove from the table the matter of whether or not appeals will be heard by the City Council on decisions made by the Position Classification Appeals Committee. (Motion approved under consent business) . Sweeney/Clay moved to table the matter of whether or not appeals will be heard by the City Council on decisions made by the Position Classification Appeals Committee. (Motion approved under consent business) . Sweeney/Vierling moved to approve an interim organizational structure for the Park & Recreation Department which includes a full-time Program Supervisory, full-time Secretary/Clerk, and a full-time Receptionist, and a part-time Pool Manager. Motion carried unanimously. Sweeney/Clay moved to approve the bills in the amount of $2,275, 106. 01 (which includes bond debt service payment of $1, 828,845) . Motion carried unanimously. Sweeney/Clay offered Resolution No. 3327, A Resolution Appointing Individuals to the Various Boards and Commissions, and moved its adoption. The Mayor read the resolution. Joan Lynch to the Planning Commission and Board of Adjustments and Appeals for four year terms ending January 31, 1995. John Drees, Gail Mars and Joe Kelly are appointed to the Energy and Transportation Committee for three year terms ending January 31, 1994. Proceedings of the January 22 , 1991 City Council Page -7- Robert Turek and Gene Juergens are appointed to the Housing and Advisory and Appeals Board and Building Code Board of Adjustments and Appeals for three years ending January 31, 1994. Eldon Reinke is appointed to the Board of Review for 1991. Lil Abeln and Bill Anderson are appointed to the Community Access Corporation Board of Directors for the unexpired terms ending January 31, 1992 . Bill Harrison and James Bastyr are appointed to the Community Access Corporation Board of Directors for the unexpired terms ending January 31, 1993 . Robert Ziegler is appointed to the Community Access Corporation board of Directors for a three year term ending January 31, 1994 . Larry Moonen is appointed to the Community Access Corporation Board of Directors and Cable Communications Advisory Commission for three year terms ending January 31, 1994. Cole Van Horn is appointed to the Ad Hoc Downtown Committee. Jon Albinson and Charles Brandmire are appointed to the Community Development Commission for three year terms ending January 31, 1994 . Barry Kirchmeier is appointed to the Shakopee Public Utilities Commission for a three year term ending March 31, 1994 . Terry O'Toole is appointed to the Shakopee Public Utilities Commission for the unexpired term ending March 31, 1993 . Stan VonBokern is appointed to the Police Civil Service Commission for a three year term ending January 31, 1994 . Robert Tomczik and Anne Seifert are appointed to the Park & Recreation Advisory Board for three year terms ending January 31, 1994 . Motion carried unanimously on Resolution No. 3327 . Sweeney/Clay offered Resolution No. 3345, a Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessment for the Sidewalk Replacement Program, Project No. 1990- 11, and moved for its adoption. (Motion approved under consent business) . Sweeney/Clay offered Resolution No. 3346, A Resolution of the City of Shakopee, Minnesota, Approving a Premises Permit for Eagles Aerie 4120 Shakopee, and moved for its adoption. (Motion approved under consent business) . Proceedings of the January 22 , 1991 City Council Page -8- Cncl. Sweeney reviewed the standing of both Murphy's Landing proposal and the design concept presented by the DNR for the Minnesota Valley Trail Passing. He said he had a concern on the MVRP recommendation that the DNR trail rather than going through the landing proper be rerouted between the highway and the fencing. He said he has been told by the DNR they have reviewed that and have elected not to go that route. He is requesting staff to have the City Engineer and the County Engineer look at that particular possibility so that when decisions need to be made then they will have a third recommendation from someone who does not have an active interest as to where the trail goes. Sweeney/Vierling directed Mr. Kraft to form a review committee consisting of the City Engineer and County Engineer to do an analysis and recommendation study on the proposed DNR trail alignment adjacent to Murphy's Landing. Motion carried unanimously. Sweeney/Clay moved to offer Resolution No. 3357, a Resolution of the City of Shakopee, Minnesota, Approving a Premise Permit for Knights of Columbus Council #1685 Shakopee, and moved for its adoption (Motion approved under consent business) . Sweeney/Vierling moved to have staff prepare a resolution supporting the County Board's action on Amending the Ag Property Tax laws. Motion carried unanimously. Clay/Sweeney moved to direct staff to put U.S. flags up along 1st Avenue for a period of 2 weeks showing city's support for it' s troops at war. Motion carried unanimously. Mayor Laurent recessed for an Executive Session at 10:45 p.m. for the purpose of discussing property acquisition and collective bargaining. Mayor Laurent re-convened the meeting at 11:33 p.m. stating that no action was taken during the executive session. Vierling/Clay moved to adjourn to Tuesday, January 29, 1991 at 7: 00 p.m. Motion carried unanimously. Meeting adjourned at 11: 33 p.m. Lr,1,Nd c 7;(. Judith S. Cox - City Clerk Carol Schultz Recording Secretary yr OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA JANUARY 29, 1991 Mayor Laurent called the meeting to order at approximately 7: 05 P.M. with Councilmembers Sweeney, Zak, Clay and Vierling present. Cncl.Wampach was absent. Also present were Dennis R. Kraft, City Administrator; Dave Hutton, Public Works Director; Lindberg Ekola, City Planner, Judith S. Cox, City Clerk; and Mark McQuillan, Park & Rec. Supervisor. Mayor Laurent asked to change the agenda by postponing item number two, property acquisition, and adding an executive session for the purpose of discussing property acquisition, labor negotiations and pending litigation. Councilmembers concurred. Mayor Laurent recessed the council meeting so that the council could meet as a Committee of the Whole with members of the Planning Commission to continue discussion on the Shakopee Comprehensive . Plan: 1990 - 2010. Mayor Laurent re-convened the meeting at 9: 36 P.M. Mayor Laurent recessed the meeting in order that the Council could meet in executive session for the purpose of discussing property acquisition, pending litigation and collective bargaining. Mayor Laurent re-convened the meeting at 10:08 P.M. and stated that the executive session was just concluded and that no action was taken. Sweeney/Vierling moved that the appropriate city officials be authorized to enter into a purchase agreement with the Marquette Bank for the bank building in the amount not to exceed $885, 000. 00. Motion carried unanimously. Clay/Vierling directed staff to prepare an ordinance increasing the membership on the Park and Recreation Advisory Board to eight; and, directed proparation of the resolution appointing Mr. Steve Johnson to the Board. Motion carried unanimously. Cncl.Sweeney asked that the matter of commissioning a study of the City' s financial status be considered by the Committee of the Whole, as opposed to placing it on the next council agenda. He suggested that the next meeting of the Committee of the Whole be on the next free Tuesday evening after a council meeting. Mayor Laurent adjourned the meeting at 10: 18 P.M. --tAa Judith S. Cox City' Clerk Recording Secretary /DC() MEMO TO: Dennis R. Kraft, City Administrator CtC___, FROM: Judith S. Cox, City Clerk RE: On Sale Liquor Licenses DATE: January 31, 1991 INTRODUCTION: The City has received a letter from Mr. Paul Schwaesdall requesting an on sale liquor license. BACKGROUND: I had spoken to Mr. Schwaesdall about his interest in obtaining an on sale intoxicating liquor license. I suggested that he send a letter to the City Council addressing his needs. As I explained to Mr. Schwaesdall, the City of Shakopee can issue 12 on sale liquor licenses, pursuant to state law. The City Code addresses how they can be issued. Class A: Restaurants or exclusive liquor stores. . .under 4, 000 square feet customer floor area. . . 6 Class B: Restaurants or exclusive liquor stores. . .which have over 4, 000 square feet of customer floor area. . . 3 Class C: Hotel/motel restaurant/lounge which receives at least 50% of its gross receipts from the sale of food. . .which contains a minimum of 4, 000 square feet of customer floor area. . . 3 The City of Shakopee has issued eight licenses, plus the license for the racetrack. The license for the racetrack was contained in the enabling legislation for the racetrack and is in addition to the number allowed by law. Six of the licenses issued are Class A, one is Class B, and one is Class C. Mr. Schwaesdall is proposing to expand his establishment to a size of approximately 2, 048 sq ft. According to the Shakopee City Code, there are no Class A on sale intoxicating liquor licenses available for Mr. Schwaesdall. ALTERNATIVES: 1] Amend the City Code 2] Do not amend the City Code If the City Code were amended, Mr. Schwaesdall would have to apply for a license, notice of the application would have to be published and then Council would be in a position to act upon the application. ldp On Sale Liquor Licenses January 31, 1991 Page -2- RECOMMENDATION: 1] Decide whether or not Council desires to amend the City Code. 2] If Council desires to amend the City Code, direct staff to prepare the appropriate ordinance. Advise staff how Council desires the Code to be amended. 3] If Council desires to amend the City Code, staff will so advise Mr. Schwaesdall in order that he can make application in a timely manner. /6 a. Dear Mr . Mayor and City Council Members . Pablo 's Mexican Restaurant located at 230 South Lewis St . is requesting a liquor license . I understand there are no under 4000 sq . ft . licenses available . I am requesting council to consider one of the two over 4000 sq . ft . licenses that are available . Pablo 's has been operating in Shakopee for almost five years . Taking our location into consideration , our business has done very well . We feel as though we are a part of Shakopee . Our restaurant is a destination restaurant rather than a location restaurant . We have successfully captured a large following of regular customers from all around the metro . The best Mexican food restaurants in the metro couldn 't stand alone without the Margarita . I know , I 've tried them all . Pablo 's would like to stay in Shakopee and grow along with the town . I am requesting that you consider my request at your next council meeting . Respec ly Pau Schwaesdall RECD 8 T) gm 3 01991 CITY QF SHAKOPEE 1/ MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Tyler Street Light DATE: January 29, 1991 INTRODUCTION: A public hearing has been scheduled for February 5, 1991 to consider adopting the special assessments for the Tyler Street Light Project. BACKGROUND: On January 8, 1991 the City Council of Shakopee set the date for the public hearing for the Tyler Street Light special assessments for February 5, 1991 by adopting Resolution No. 3334 . The total construction cost to install this street light was $753 .55. The total engineering and administrative costs for this project was $188 . 39 and the total project costs are therefore $941.94 . At the public hearing ordering the street light, the City Council determined that this light should be assessed to the property owners located within this block. There are 22 property owners in the block of Tyler Street between 12th Avenue and Vierling Drive and based on the actual project costs the assessments for this project will be $42 . 82 per lot. At the public hearing ordering the improvements, the construction costs for the street light had been estimated at $1, 164. 00. Attached is Resolution No. 3352 which adopts the special assessments on this project for City Council consideration. An assessment role is attached to the Resolution outlining the assessments for each property on this project. ALTERNATIVES: 1. Adopt Resolution No. 3352. 2 . Deny Resolution No. 3352. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt the assessments on this project. // ACTION REQUESTED: Offer Resolution No. 3352 , A Resolution Adopting the Assessments for the Tyler Street Light Project No. 1990-9 and move its adoption. DH/pmp MEM3352 /1 RESOLUTION NO. 3352 A Resolution Adopting Assessments Project No. 1990-9 Tyler Street Light WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: Inst1Llaticn of a street light on Tyler Street between 12th Avenue and Vierling Drive NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2 . That such assessments shall be due in one installment. If the entire assessment is not paid within thirty (30) days from the adoption of this Resolution, it shall bear interest at the rate of 8 . 0 percent per annum from the date of the adoption of this assessment Resolution. If the assessment plus interest is not paid by October 10, 1991, it will be certified to the County Auditor for collection and payment with other municipal taxes. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; he may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and he may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in his office and shall certify annually to the County Auditor on or before October 10th of each year the total amount of installments and interest which are to become due in the following year on the assessment on each parcel of land included in the assessment roll. 1/ Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1991 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney 1/ ASSESSMENT ROLL TYLER STREET LIGHT PID OWNER LOT/BLK. ASSESSMENTS 27-063026-0 Larry Stavos Lot 1, Blk. 7 $42 . 82 1848 12th Ave. MN Valley 1st Shakopee, MN 55379 Addn 27-063029-0 Roger & Julie Bohlson Lot 2 , Blk. 8 $42 . 32 L 1200 Tyler St. Valley Shakopee, MN 55379 Addn 27-084001-0 Thomas Bullock Lot 1, Blk. 1 $42 . 82 1207 Tyler Street MN Valley 3rd Shakope, MN 55379 Addn 27-084002-0 Gerald Hall Lot 2 , Blk. 1 $42 . 82 1217 Tyler Street MN Valley 3rd Shakopee, MN 55379 Addn 27-084003-0 Roger Swanson Lot 3 , Blk. 1 $42 . 82 1225 Tyler Street MN Valley 3rd Shakopee, MN 55379 Addn 27-084004-0 John & Grace Perry Lot 4 , Blk. 1 $42 . 82 1233 Tyler Street MN Valley 3rd Shakopee, MN 55379 Addn 27-084005-0 John & Lynn Tylicki Lot 5, Blk. 1 $42 . 82 1241 Tyler Street MN Valley 3rd Shakopee, MN 55379 Addn 27-084006-0 Rick & Regina McShane Lot 6 , Blk. 1 $42 . 82 1257 Tyler Street MN Valley 3rd Shakopee, MN 55379 Addn 27-084007-0 Glen & Lisa Simons Lot 7 , Blk. 1 $42 . 82 1263 Tyler Street MN Valley 3rd Shakopee, MN 55379 Addn 27-084008-0 Joseph & Linda Jasper Lot 8 , Blk. 1 $42 . 82 1275 Tyler Street MN Valley 3rd Shakopee, MN 55379 Addn 27-084009-0 Daniel & Yvonne Boegeman Lot 9 , Blk. 1 $42 . 82 1281 Tyler Street MN Valley 3rd Shakopee, MN 55379 Addn 27-084010-0 Ronald & Teresa McConnell Lot 10, Blk. 1 $42 . 82 1871 W. Vierling Drive MN Valley 3rd Shakopee, MN 55379 Addn 27-084013-0 Paul & Joann LotN 1, Elk.ey 2 $42 . 82 1204 TylerStreet Shakopee, MN 55379 Addn 1/ ASSESSMENT ROLL TYLER STREET LIGHT PID OWNER LOT/BLK. ASSESSMENTS 27-084014-0 Gerard Neville Lot 2 , Blk. 2 $42 . 82 1214 Tyler Street MN Valley 3rd Shakopee, MN 55379 Addn 27-084015-0 Ronald & Margaret Olson Lot 3 , Blk. 2 $42 . 82 1224 Tyler Street MN Valley 3rd Shakopee, MN 55379 Addn 27-084016-0 Daniel & Mary Steil Lot 4 , Blk. 2 $42 . 82 15651 241st St. MN Valley 3rd Cold Spring, MN 56320 Addn 27-084017-0 Timothy & Lynette Monnens Lot 5, Blk. 2 $42 . 82 1244 Tyler Street MN Valley 3rd Shakopee, Mn 55379 Addn 27-084018-0 Donald & Darcy Koch Lot 6, Blk. 2 $42 . 82 1254 Tyler Street MN Valley 3rd Shakopee, MN 55379 Addn 27-084019-0 John & Debra Murray Lot 7 , Blk. 2 $42 . 82 1264 Tyler Street MN Valley 3rd Shakopee, MN 55379 Addn 27-084020-0 David Laurent Lot 8 , Blk. 2 $42 . 82 1274 Tyler Street MN Valley 3rd Shakopee, MN 55379 Addn 27-084021-0 Robert & Rose Geyen Lot 9 , Blk. 2 $42 . 82 1284 Tyler Street MN Valley 3rd Shakopee, MN 55379 Addn 27-084022-0 Larry & Barbara Norring Lot 10 , Elk. 2 $42 . 82 1298 Tyler Street MN Valley 3rd Shakopee, MN 55379 Addn TOTAL ASSESSMENT $942 . 04 13 4t. TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Accident Insurance for Boards and Commissions DATE: January 25, 1991 Introduction In response to your inquiry on alternative insurance coverage for elected and appointed officials, the League of Minnesota Cities offers a separate accident policy as an alternative to workers compensation insurance. Background Based on City Code, the city is currently covering Council and boards and commissions on the workers compensation insurance. The cost is about $3,200 annually. The League is offering and alternative policy which is cheaper but affords reduced coverage. The cost would be around $700 if all boards and commissions were covered. The coverage provides for total disability compensation for 26 weeks and also for death and dismemberment according to the attached schedule. See attached for more detail. The coverage does not provide medical, rehabilitation or retraining benefits. The benefits are fixed as opposed to being based on the individuals actual earnings. I do not recall any work comp claim ever submitted by a board or commission member. The Council may want to keep work comp coverage for some groups, provide the accident coverage for some groups and provide no coverage for other groups. Council can mixed and match the desired coverage. Any change would require and ordinance to change the City Code. The enrollment period for the alternative accident policy is the month of February. Work comp limits the city's liability in a covered situation to the work comp benefits. In the event there is no work comp coverage, an individual could file suit against the city like any one else. The general liability policy of the city would then come into play. The following boards and commissions under consideration. Council, SPUC Commissioners , Planning Commission, Energy and Transportaions Committee, Cable Committee, I.C.C. , Youth Building Committee, Recreation Advisiory Board, Police Civil Service Commission. Alternatives 1. Status Quo - cost $3,200. 2. Drop work comp coverage for boards and commissions. 3. Drop work comp coverage for boards and commissions and pick up the alternative accident policy - cost $675. 4. Mix and match coverages. Recommendation It is recommended that Council discuss the situation and review the policy / 3w of providing work comp coverage to all boards and commissions. It seems to be rather small risk of loss involved in this situation compared to the premiums the city is paying. Alternative number 4 may be a viable alternative such as providing work comp coverage for the Council and SPUC commissioners, the alternative accident policy to Planning Commission members and no coverage for other boards and commissions. Action Discuss and give staff direction. tnence continuing North along the bed of the meandering creek to the corporate Cit ?i_..it.. along the center :he Ri_.^... :_.. R' 7-r , 'jaw tnence westerly y along the City corporate 11.".125 to intersect with { Market Street and Market Street extended, thence South on Market Street extended and Market Street to 11th Avenue thence westerly along 1!.th Avenue to CR-79 thence So'.:t::er y =long CR-7D =_ thecorp P^ -a r orate City limits . Subd. 4. Fourth Precinct. The Fourth Precinct shall be bounded on the north, east and south by the corporate limits of the City of Shakopee and on the west by Marschall Road to the northerly terminus thereof, thence continuing northerly along the bed of the meandering creek to the northern corporate limits of the Cit: of Shakopee along the centerline of the Minnesota River . Sub:. 5. Fifth Precinct. The Fifth Precinct shall be bounded on the east by County Road 77 (Apgar Street) on the north by 10th Avenue and on the West and South by the corporate City limits . Source : Ordinance No . 213 , 4th Series Effective Date: i-1-87 S C. 2.21. WORKER'S COMPENSATION. All officers of the City elected or appointed for a regular term of office or to complete the unexpired portion of any such regular term shall be included in 13-5 (9-1-07) § 2.21 the definition of "employee" as defined in Minnesota Statutes relating to coverage for purposes of worker ' s compensation entitlement. Source : Ordinance No. 63 , 4th Series Effective Daze : 6-18-81 (COD__ IEP'S NOTE : Ordinance No. 178 , 4th Seris , adopted August 13, 1985, erroneously numbered a provision relating to the Housing Advisory and Appeals Board. The intent was to number that Section as 2 . 56 . ) (Sections 2.22 through 2.29 , inclusive , reserved for future expansion. ) ,........ , 1-i 1 183 University Ave.East 13 � St.Paul,MN 55101-2526 League of Minnesota Cities (612)227-5600(FAX:221.0986) January 22 , 1991 To: City officials From: Peter Tritz ENROLLMENT WILL BE OPEN DURING THE MONTH OF FEBRUARY FOR LMCIT'S ACCIDENT POLICY FOR MEMBERS OF CITY COUNCILS AND OTHER CITY BOARDS, COMMITTEES AND COMMISSIONS. This accident coverage is provided by CIGNA, and provides a lower-cost alternative to workers compensation coverage. By statute, elected officials and officers appointed for a fixed term of office are covered by workers compensation only if the city has passed an ordinance or resolution to that effect. The accident coverage applies while the individual is traveling to or from a committee meeting, or while conducting other official business on behalf of and at the request of the committee. The coverage provides a $100, 000 accidental death benefit and a $400/week short-term benefit for total disability. While this accident policy was developed as a lower-cost alternative to providing workers compensation coverage, it is important to understand that the benefits are not equivalent to those of workers compensation. Some of the differences are that it does not include medical, rehabilitation, or retraining benefits; disability and death benefits are fixed, rather than being based on the individual's actual earnings; disability benefits are paid only for total disability, and for a maximum of 26 weeks; and the accident policy disability benefits may be taxable income to the individual. The city may provide coverage for any city boards, commissions, or committees it designates. However, all members of the respective board or commission must be covered; that is, the coverage cannot be offered on an individual choice basis. The cost of the accident coverage is $12 .75 per person per year. (By comparison, LMCIT's current minimum rate for workers compensation coverage for council members is $122 per person per year. ) The accident policy coverage year runs March 1 to February 28 . Additional information and application forms are enclosed. For questions concerning the coverage or to put coverage into effect, contact Jaime Frischmann, The Brehm Group, 706 Second Avenue South, Suite 750, Minneapolis, MN 55402 ; (612) 339-7385. oc c c o . ro �Q a 3CiQ - � VNN000s 0- - b vi:; 0)a�".-. , c ` • 0 o `'1O `° w o _, 70 a:'oLcc-c ° a' Z, a .o cro vi vi .0 .co � =oa c � o0 00) roc > '- o a o co-- a) 3 .,›,a�,,, oro -0 (::1- a) - a) oc �� • cQ. • c �o ocQ .."•-•13 aE (i) 3 a b EEoa ° a a ae0g � ya, , Nc c o) o orzi c) .0 a) w °.°ac El . vE a) to (a-o O a E � roV2.aLa) coro c2. z-° OQ0) (1) ki UCN � Q 3y z Co�,_o . 0i) 0,Q� -' 0. a)�a oQ oc <n �p� � �'C.COjroroo � U OC ,O �}� •h a a a 3 c cN 0 a) 0 O � ti.. 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Coct- O oaciroro a) w0co0 °O n) (gN�zao °� a)m a0 co,„._..--. oarom a) ° U�!_N y ca?.= ° , '- ° n3E Ccro f� Uca 5 �000a).0 4 N Uco co tea) . . _ Co a`) 0o a) m.a)c o0.- a ro �_ 0a) c 0 0 i-O c0 oa) • " EE (0 O 4..........?, ac°)mo ro c oa � croa ci ° > 00 ° 0 Ur roa a) o roia' coNQ ro �,00 :y0) uZio X03 -----14.-. 11) 0 ....-“..- a)o °' o c`o > o v%i ca �ooai - a°O"�y-•2C0j CO.aa • ° ooEo.o0L E °a oc °o 4 ia'•0) 0.o o m °, �__ u' w61 °-C� cn � °' 2E LI '8, rb— ,c(“")-- c111 ro o j �.` U 0, -cR) No0u) = U 'Q y O O ° 0 0 0 C c �O o =ti:�ro 0 01-11)( 0 U L C ►_Q� 3 ro JJ EJ EJ 0 3 �coao ►_ C c Q _ p > > 3 o Qt (13 a) co O a) o 0 E 3a) '15 613 �io'9 L R ° c � Uo O °iuL c coo _ Lc _, U ) 0CU N0roy:�-- UJO N�C •� � 0OQ CO-Q ° T. o U N p a) °°4 °c a) -0 Ez U 0 ma E c' >`a E c o coco`) a cc ro— . ro vi E . c cmc0(ao1--a) ro�`c�Uaa,> ccaca (1)i czgc � c �' Ua_-�yOcnC U.� C3 c E vi- E '', a .� 0.n3 �oa`> 2° w-6ccEc� m � Co Co 0Eai. E . o)p 00.� Q L .goo CO ° . a� L cn m c a ai @0'0,ca) E.o= .c� 0a) c, • ai� oaa.. 0) L,--, :::.3 t 0 . a)� roro �a 13 E E >_� V a a Q O 0 �)O o L 0 C Ea E� a) a:1"6- U; it 6 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Street Light - 4th Street and Harrison St. DATE: January 28, 1991 INTRODUCTION: A petition has been submitted to City staff requesting a street light at the intersection of 4th Avenue and Harrison Street. BACKGROUND: A petition has been received from Mr. Joe Notermann, requesting that a street light be installed at the intersection of 4th Avenue and Harrison Street at the City's expense. (Attached) Also attached is a map showing the existing location of street lights in this area of Shakopee. As evidenced by this map, there is no street light at the intersection of 4th Avenue and Harrison Street. Recently, the City Council has taken the position that any new street lights should be petitioned for and assessed to the adjoining properties within the block. The basic premise for this policy is that any neighborhood that requests additional street lighting over what was required by the City at the time the lights were installed should be assessed. The long standing policy of Shakopee Public Utilities is to install (or have the developer install) a street light at each intersection. Staff has not been able to determine why a street light was never installed at this intersection. The only explanation that can be surmised is that 4th Avenue was never constructed to any street standards prior to last summer. Before the City's project, there was no viable street, but more of an extension of the parking lot that was a combination of part gravel and part substandard asphalt. It is not unusual to have no street lights at non-constructed streets (5th Avenue and Adams Street is an example of this) . When street lights are installed at the time a street is constructed, the costs for installing a light are included in the overall project costs and either assessed or developer paid. Since the 4th Avenue/Adams Street Project has not been assessed yet, it may be appropriate to include this new street light in the 4th Avenue Project costs. Due to the presence of the existing power poles along Harrison Street, the installation of a street light at this intersection would not be a major expense. SPUC has estimated the cost to be around $750. 00 - $800. 00. ALTERNATIVES: 1. Authorize the installation of a street light at 4th Avenue and Harrison Street and include the costs of the street light in the overall project costs for 4th Avenue/Adams Street and assess. 2 . Authorize the installation of a street light at 4th Avenue and Harrison Street at City cost. 3 . Hold a separate public hearing to determine if this street light should be installed and notify all property owners within the affected area and assess it as a separate project. 4 . Deny the request. RECOMMENDATION: Staff recommends Alternative No. 1, to authorize the installation of the light and include it in the 4th Avenue Project costs. Because 4th Avenue was never constructed, a street light was never installed at this intersection. Therefore, staff feels that these street light costs would be a legitimate item to include in the overall project costs. Alternative No. 3 would result in additional time and City expense to set up a separate public hearing (i.e. meetings, etc. ) when it really is not necessary. ACTION REQUESTED: Authorize staff to install a street light at 4th Avenue and Harrison Street, the costs to be included in the overall project costs for the 4th Avenue Street Construction Project. DH/pmp NOTERMANN /3 e TYPED PETITION Would like street light on Harrison & West 4th Street at City's cost. This light should have been there 20 years ago. There is a street light in alley that lights up Subacks (formerly) parking lot. This should be brought into street. I called the Utility Supervisor but he tells me only one light for one block. Well then isn't any light on corner of 5th & Adams (not necessary) but it's necessary on corner of Harrison & 4th. Also no street light on 4th Street by nursing home. If policy has been set 1 light, 1 block it was really ignored downtown. JAN 1 1199%. Date / G1,-- ?// CITY Or Qtotge 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 : - a ---(74 a 7 0- • on Street/Avenue , between / Street/Avenue and Steet/Avenue, and request that the same be made during the year . < " / e ' ► In making this petition the undersign: . understands that the City of Shakopee , its agents or employee cannot guarantee the amount of an assessment until a feasibility study of the impro - e- ments has been prepared and accepted by City Council in acco iance with MSA Chapter 429 . PETITIONER BLOCK _.-i*v.. ' i , orikaiW:.' di Ael.fi , . .,..a.ow I : A/ / ///C 'ii .......4 ..de. .411,,, ... igettt.# .4 , 0" ' ' 1 -4 -w k/ Aff,if_ZtViel , / / .-- ":2(..or_2_____ //(-VY( ' ' - r...----2 /-f 7 ( //7(4 --1 s......6,c,1 ..„4._ 6.... ."4„..„..., /c,,.-77 ,--'9 Al . , -1 et4-74-,-c_i2-4- - � � ...,.... .. ...._ ,,7 , -25, . di,yr,) il--e e /z,a1"-- I , he4iy,, verify tha I circu ated the above peon and that the above signatures of t e ro property owners and petitioners were g P P Y affixed in my presence. ' , .... „„lw. . „„.. 00 #. 4,414 geifGe • • , lip _.,,,,,,,geijr- Ar / ir u 'ator' Approved this day of , 1984 477,-.1 - City Attorney - /67.4( 41 �/ ' This instrument prepared & drafted by: H. R. Spurrier City Engineer . '129 East 1st Avenue : . • Shakopee , MN »37.9. .:-: , -- - 7,.EXI NG TIE a, / .416mg2c. /"111111I 3RD . AVE . r � I „ Z. � 4_ 4TH . AVE . • RIVERVlEW MIN 1 Q� f gO PQ R K Jr :4" H / Bro) Ø coz <C(45 11 6th icv gift j, STREET � 0 � II �. LIGHTS s4 /.1407 � il/ . � POLES 1 1 ((�� 7 o� PROPERTY ID i _�- )-:,064 �� MAP _ --.- -- __ _ /j.4 i , - . os, Ai ° .1 h- /< .//7-,, ,7,-.-::-- --.''''-v ,-- ii, 1 . • / 1 eMi/ %%%rr __tel_ _--- I IMO , ...\_______---7 ir ____ - 7/ 1 la e lilt 10 1 --v,--- ,. ________---- .. , vill I 441 \.' 3rd vs6-.i^ ail , I .. 1 8' 6 -A �` r $ 1` v' i t ' \ ; i- . i 1 1_. A A- r I /– -- 015010-0', $ 00'01 Ti 1 ,;,, 4th 2...?j3.39' :•' 250 00 1862-0 t _ 1-- 1 0030j1"p 00100"O l CO, 29 3 -1 0030iv 0 1 1/RIVERVEW 1_... _ OLD PR PARK I ► PROPERTY .-1----c-:: 1 s U <9 '�. y 5th 1 1 1 1 1 , B 4 1 3 1 1 1 ....sameGri T 1 j0�.� Iv ��' t _ s � 6th � , ,9 ESTATE CORRECTIONAL -------1 -� s 'AVE�� FACILIT Y ,s PRI �• �—J FOR WOMEN r31 /.7,/5,/- is _ / ._ / i-4'm I N A`e- / c w dtips. Aran_4,1•#.01441 - Jv -_'4":1(/1 1.o . 4.-Lf"• 1 414ivy • 5 f A,' 40 a2_4005. - --____- 1 ' /so; • .—' i~ Ao ' -fri-40/'* e 4k. $/ 5714 // a-a. 44 Jill l A /t•r ti /le- Gra 4,0t.f. _ __— Olv �` 5.��=i 1 i 1 ./9/19 4 le:3,7L- CeJ 71' of 3.7.0.‘ 1 : l -- -- - /-•_44s.all_____Eg va-Aio __T=_Z __F.sf15-p - _ I .�... _ 4's''' 1— E .- - ,- , .41 ?7.fit f •rf�`• ! ,l . ...-9e- '�1!f i!. rs- _. - - t ; • gyri 4t/ -3 - —_11 - - !4 t3 -- - - .1 --- - - -- - 13� MEMO TO: Dennis Kraft, City Administrator rNeflok FROM: Dave Hutton, Public Works Director SUBJECT: Engineering Services DATE: January 29, 1991 INTRODUCTION: Authorization to utilize the City's consultant for engineering services is being requested. BACKGROUND: On January 22 , 1991 the City Council held public hearings and ordered plans and specifications prepared on two projects, namely the Jackson/Harrison Project and the Shumway/Scott Project. Staff is proposing to design these two projects in-house and are quite confident that the plans and specifications will be completed for a spring bid letting. Our target date for a letting is April, 1991. The one facet of preparing the plans that cannot be completed by staff in a timely fashion due to current workloads and other commitments is the field surveying. In order to complete the plans in time for a spring letting, the surveying should be done quickly and as soon as possible. Our consultant will be able to provide this information much sooner and more efficiently than staff. Attached is a proposal from the City's consultant, Orr-Schelen- Mayeron & Associates, Inc. , to provide the engineering services listed. The estimated fee for the proposed services is $8, 900. 00, which will be divided up appropriately to each project. All engineering costs will be included in the overall project costs, which will be assessed back (25%) to the abutting property owners. ALTERNATIVES: 1. Approve of the request and authorize staff to utilize Orr- Schelen-Mayeron and Associates, Inc. to perform engineering services for the Jackson/Harrison and Shumway/Scott Projects. 2 . Deny the request. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Authorize the appropriate City officials to execute the attached Contract Extension Agreement with Orr-Schelen-Mayeron & Associates, Inc. to provide Engineering Services for the Jackson/Harrison Street Project No. 1991-2 and Shumway/Scott Street Project No. 1991-1 for an estimated fee of $8,900.00. DH/pmp OSM /3 ' -w 5 :, On %_, Schelen Mayeron& Associates,Inc. 2021 East Hennepin Avenue • Minneapolis,MN 55413 612-331-8660 January 25, 1991 FAX 331-3806 Engineers Surveyors Planners City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 Attn: Mr. David Hutton, P.E. City Engineer Re: Contract Extension Agreement Preliminary Survey for 1991 Projects Dear Mr. Hutton: As per our Agreement for Professional Services with the City of Shakopee, Section 1-A - 3-b (Major Projects), this extension agreement is for the referenced projects. Orr-Schelen-Mayeron and Associates, Inc. agrees to accomplish the attached Scope of Services for a fee not-to-exceed $8,900. The City of Shakopee agrees to reimburse OSM for these services in accordance with Section IV of the Agreement for Professional Services. If this proposal meets with your approval, please sign below and return one copy to our office. We look forward to working with you on this project. Sincerely, ORR-SCHELEN-MAYERON CITY OF SHAKOPEE ASSOCIATES, INC./_, i Etc<-!tom.,-' "7:', D. Edward Ames, L.S. Gary Laurent, Mayor Vice President Dennis Kraft, City Administrator Judith S. Cox, City Clerk Attachment ENGINEERING SERVICES FOR PRELIMINARY SURVEY FOR 1991 PROJECTS FOR THE CITY OF SHAKOPEE, MINNESOTA SCOPE OF SERVICES PROJECT Jackson Street From 11th Avenue to 12th Avenue Harrison Street From 11th Avenue to 12th Avenue Shumway Street From 3rd Avenue to 6th Avenue Scott Street From 6th Avenue to 7th Avenue Survey to include full topography and cross-section for new street construction. 1. Use right-of-way center'me for alignment. 2. Set centerline and profile. 3. Locate city utilities. A. Check manhole top of casting and invert elevations. B. Check catch basin top of casting and invert elevations. 4. Locate small utilities and tie into survey (if gopher state one will locate). 5. Minimum 100 foot profile on centerline and curb and gutter at all intersecting streets. 6. Cross-sections at 100 intervals plus driveways and perpendicular sidewalks. Estimate eight (8) days of 3-man survey crew plus note reduction, and research and administration $8,900.00 131:1 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director/( SUBJECT: Murphy's Landing - Trail Along T.H. 101 DATE: January 25, 1991 I have contacted Bill Warden, Mn/DOT permits section, regarding the proposal from Murphy's Landing to locate the DNR trail along their fence line adjacent to Hwy. 101. Mr. Warden is responsible for issuing any permits for all work done within State right-of-way. Mr. Warden has indicated that Mn/DOT would undoubtedly deny this request for the following reasons: 1. The fence for Murphy's Landing is located just off the existing right-of-way for Hwy. 101 (within a foot or two) . Therefore, a permit from Mn/DOT to construct this trail is necessary. 2 . Mn/DOT would absolutely not permit two way snowmobile traffic on this trail as State law does not permit headlights to go against the highway traffic within highway right-of-way. Unless the DNR can provide a fool proof method for not allowing two way snowmobile traffic, the trail permit would be denied. 3 . The backslope of the ditch going up to the fence is extremely steep and not conducive to allowing a trail of any sort to be constructed without some major grading work, possibly moving the fence, possibly requiring retaining walls, etc. 4 . The trail would not be permitted in the ditch itself, which has a much flatter slope than the area adjacent to the fence, due to safety reasons and due to clear zone requirements. Based on the above factors, Mr. Warden has indicated that Mn/DOT would deny the request to put the trail within highway right-of- way. The County Engineer also concurs with Mn/DOT. DH/pmp TRAIL I 3 ALI MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Directoetie SUBJECT: McKenna Road DATE: January 30, 1991 INTRODUCTION: Staff has received correspondence from the Mdewakanton Sioux Community outlining a proposal to pave McKenna Road on a joint venture with the City of Shakopee. BACKGROUND: In 1989, the Mdewakanton Sioux Community improved that portion of McKenna Road located within Prior Lake, from C.R. 42 north to the Shakopee City Limits. (See attached map) Staff has now received the attached correspondence from the Community's consultant outlining a proposal to improve that part of McKenna Road located within Shakopee. The proposal indicates that they would fund 50% of the construction costs, based on the estimated project costs of $80, 000 - $100, 000. 00. They would also provide assistance for the design and management of the project. The City of Shakopee has McKenna Road on the 5-Year Capital Improvement Program and currently it is scheduled for 1994 construction. The difficulty with this project is due to the extremely large abutting land parcels, it would be difficult if not impossible to assess this project in its entirety to the abutting properties. The road is currently gravel and does require additional maintenance such as dust control, grading, etc. , but due to low traffic volumes on this road and no substantial development there has been very little pressure to improve this road. Since the south half of the road was paved in 1989, though, there has been an increase in the number of requests to pave this road. The proposal from the Community would certainly provide an excellent vehicle for reducing the net impact of the project costs on the City of Shakopee, given the difficulties with assessing this project. There are also other options for funding this project. McKenna Road is on the Municipal State Aid System and would therefore be eligible for State Aid Funds. In addition to State Aid Funds, the City Council may wish to assess the abutting properties a comparable amount for new street construction for a typical lot in urban Shakopee. Past projects could be used to determine this assessment, but typically it would be in the $4 , 000. 00 - $6, 000. 00 range. This would be far less than if the properties were assessed for their full frontage, which may be up to 1/2 - 1 mile in length, but yet still be consistent with other new street projects. If the City were to draw the full State Aid Funds on this project, but yet accept the Community' s proposal to fund 50% of the project and also assess a portion of it, the additional funds obtained could be used for other Capital Improvement Projects to offset the City-wide costs. Staff also feels that the City should establish the parameters of this joint venture by a Cooperative Agreement. Items that should be covered in the agreement should include, but not be limited to, the following items: • Design parameters (i.e. 7-ton vs. 9-ton design. The proposed gravel pit should be considered in the design) • Who will do the design • Construction management and inspection • Funding and payment • Should State Aid Funds be utilized and therefore require State Aid approval of plans The estimate as provided by the Community appears to be low to staff. The estimate computes to approximately $15. 00 per foot. The State Aid needs identified for this project is $295, 000 . 00 as compared to the $100, 000. 00 estimated by the Community. Based on the issues and questions raised by this proposal, staff is proposing to meet with the Mdewakanton Sioux Community to discuss the proposal and possibly prepare a draft Cooperative Agreement. If the City Council is against this proposal completed, the Community should be so notified. ALTERNATIVES: 1. Direct staff to meet with the Community to discuss their proposal . 2 . Direct staff to notify the Community that the City is not interested in the proposal. RECOMMENDATION: Staff recommends Alternative No. 1. Staff also feels that the City should be the lead agency in determining the project scope, design parameters, plan quality, /3 --- inspection, contract management, etc. For the Prior Lake Project, the Sioux Community was basically the lead agency and staff does not feel that that portion of McKenna Road was improved to the same standards that the City of Shakopee would require. ACTION REQUESTED: Move to direct staff to meet with the Mdewakanton Sioux Community to discuss their proposal to improve McKenna Road on a joint venture with the City of Shakopee. DH/pmp MCKENNA WILLIAM R. ENGELHARDT ASSOCIATES, INC. otweitireg 1107 HAZELTINE BOULEVARD CHASKA, MINNESOTA 55318 (612) 448-8838 January 25 , 1991 City of Shakopee c/o Mr . Dave Hutton 129 First Avenue East Shakopee, MN. 55379 RE: Road Upgrade of McKenna Road Shakopee , Minnesota Dear Mr . Hutton : In response to your letter dated January 9, 1991 , the Shakopee Mdewakanton Sioux Community would propose to fund 50 percent of the construction cost to upgrade the remainder of McKenna Road which is located in the City of Shakopee. This percentage is based on the assumption that the new construction cost is in the range of $80 , 000 - $100 ,000. The Community is willing to provide assistance in design and management of the project . The extent of the design and construction management shall be agreeable to both our and your public works departments . Questions concerning this letter may be addressed to the undersigned . Sincerely , WILLIAM R. ENGELHARDT ASSOCIATES, INC. WArillez;A"--2. a William M. Rudnicki WMR/ las cc : Leonard Prescott Steve Florez Jim Townsend I3 `11 CITY OF SHAKOPEE t) • 4444 INCORPORATED 1870 �r 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612)445-3650 f.+10 1,_ January 9, 1991 Mr. William Rudnicki William R. Englehardt Assoc. , Inc. 1107 Hazeltine Blvd. 4th Floor Chaska, MN 55318 RE: McKenna Road Dear Mr. Rudnicki: I am in receipt of your January 2, 1991 letter regarding the desire of the Shakopee Mdewakanton Sioux Committee to upgrade the remainder of McKenna Road. Your letter indicates that the Mdewakanton Sioux Community would like to undertake a joint venture with the City of Shakopee, similar to what was done with Prior Lake in 1989, to upgrade this road. The upgrade would consist of regrading, adding additional gravel base and bituminous pavement. I believe I can safely speak for the City Council of Shakopee in stating that we would very much like to have the remainder of McKenna Road paved. Before I can take this to the City Council though, I would like to request that a specific proposal be submitted to the City of Shakopee, outlining the details of the proposed "joint venture" . Of course a Cooperative Agreement would be needed eventually, similar to one signed with the City of Prior Lake. As far as funding the project, unfortunately this project is not on our current 5-Year Capital Improvements Program. So at this time I cannot say if the City Council would be willing to fund all or a portion of this project, when there are other projects in the program of higher priority. One of the main reasons this project is not on the current program is due to the difficulty in assessing the project due to the large land owners abutting this road. I look forward to further correspondence from you outlining the specific details of your proposal. Sincerel David E. Hutton, P.E. Public Works Director The Heart Of Progress Valley AN EQUAL OPPOP*UNITY EMPLOYER 3 .� WILLIAM R. ENGELHARDT ASSOCIATES, INC. 6ni1 I&zg en nets 1107 HAZELTINE BOULEVARD CHASKA, MINNESOTA 55318 (612) 448-8838 January 2 , 1991 City of Shakopee c/o Mr . David Hutton 129 First Avenue East Shakopee, MN . 55379 RE: Road Upgrade of McKenna Road Shakopee, Minnesota Dear Mr . Hutton : The Shakopee Mdewakanton Sioux Community has a residential area located between County Roads 42 and 16 . This part of the reservation is serviced by McKenna Road , which runs through the cities of Prior Lake and Shakopee. A joint venture with the city of Prior Lake ( as shown in red on the enclosed map) was undertaken to upgrade McKenna Road in 1989 . The upgrade consisted of regrading the roadbed , culvert construction , and a 3 - inch aggregate base with a 3- inch bituminous surface. The project cost was $80 , 000 . No right-of- way was required . 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I , I Qy0 •_ rJMa330 CONSENT f3/ MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR FROM: DAVE HUTTON, PUBLIC WORKS DIRECTO DATE: JANUARY 28, 1991 SUBJECT: UNDERGROUND STORAGE TANKS Introduction and Background On September 17 , 1990 the City Council authorized the use of Midwest Environmental Control Corporation (M.E.C.C. ) to perform an environmental analysis of the City' s underground storage tanks to comply with the new EPA regulations. The estimated fee for this survey was $2152 .00 . This fee was based on a scope of services which consisted of evaluating two tank sites - the diesel fuel tank site and the leaded/unleaded tank site. The proposal from M.E.C.C. to perform this analysis was estimated to cost between $1864 .00 - $2152 .00 . During the course of the inspection and testing, it was brought to staffs attention that the Public Works facility had a third underground storage tank, namely the waste oil tank. This tank is also subject to EPA regulations and therefore is required to be analyzed and inspected for compliance. While the consultant was on-site, staff directed them to also analyze this third tank site. Staff has received the final bill on this inspection and the final cost of this project was $3132 .40 . Based on their proposal the estimated project costs per tank site was estimated at $932 . 00 - $1076 .00 per site. For three tank sites, the estimate would have been in the range of $2769 . 00 - $3228 .00 and since the final project costs were within that range, staff is proposing to pay this invoice in its entirety. Prior to authorizing the use of this consultant, there was approximately $16 ,000 remaining in the Building/Equipment Maintenance Funds of the Shop/Division Budget. As of December 31 , 1990 there was a balance in these funds of $12 , 463 .42 . The third site would need to have been inspected anyway and to do it at a later date would have required additional costs for re-mobilization, etc. The Finance Director also recommends payment. Action Requested Move to authorize payment to Midwest Environmental Control Corporation in the amount of $3132. 40. 13 � G C 'Z� MIDWEST ENVIRONMENTAL 3901 University Ave. N.E. _ CONTROL CORPORATION Minneapolis, MN 55421 (612) 781-1647 January 8, 1991 Mr. David F. Hutton Public Works Director City of Shakopee 500 Germany Street Shakopee, MN 55379 MECC Project No. 1134-0690 Re: Billing on Public Service Building - MUST I Dear Mr. Hutton: This letter is to inform you of the reason the final billing of this project was greater than had been indicated in the proposal to the city of Shakopee for the Public Service Building. The cost estimate contained within the proposal was for two separate tank sites. A tank site is defined as those tanks within close proximity of each other (25 feet or less) under similar backfill conditions. The Public Service Building actually contains four tank sites. These include (1) the 3,000 gallon diesel tank, (2) the two 5,000 gallon regular gasoline tank, (3) the 10,000 gallon unleaded gasoline tank and (4) the 550 gallon waste oil tank. During the proposal stage, the 10,000 gallon and two 5,000 gallon tanks were included as one tank site. For the final billing, this remains the same. However, the 550 gallon tank was added to the project after the proposal was approved. This leaves a total of three separate tank sites. The cost estimate should then include three sites instead of two, would range between $2,769.00 and $3,228.00. The final cost of this project is $3,132.40. If you have any other questions or concerns about this problem, please contact us at (612) 781-1647. We look forward to being of continued service to you. Sincerely, MIDWEST ENVIRONMENTAL CONTROL CORPORATION Craig . Diekvoss Ross L. Ohman, Vice President Environmental Geologist Environmental Services Engineering and Environmental Services Ci ( INVOICE 3( G ..../111 2224 GAIM MIDWEST ENVIRONMENTAL NUMBER CONTROL CORPORATION NOV 30 90 allilDATE PLEASE REMIT TO: r � I r I City of Shakopee MECC 500 Gorman Street 3901 University Ave NE SOLD TO: Shakopee MN 55379 Minneapolis, MN 55421 L (612) 781-1647 1 Attn: Mr. David Hutton CN: PO# SALESMAN 0191 TERMS: NET 10 QUANTITY DESCRIPTION UNIT PRICE TOTAL AMOUNT Project # 1134-0690 Description Invoice reflects environmental engineering services for Phase I - management of underground storage tanks including field operations and report preparation for four tank sites. LABOR • 0.25 HRS Project Manager/Project Geologist 48.00 12.00 18.25 HRS Project Engineer/Project Geologist 43.00 784.75 7.75 HRS Senior Environmental Technician 39.00 302.25 18.00 HRS Draftsman 32.00 576.00 4.00 HRS Clerical Staff 25.00 100.00 Subtotal: LABOR 1775.00 ANALYTICAL 1.00 EACH Chemical/Analytical Services 139.15 139.15 EXPENSES 70.00 MILE Mileage 0.50 35.00 Operating Supplies 74.75 5.00 HRS Drill Rig 130.00 650.00 5.00 HRS HNu Meter Rental 11.25 56.25 2.00 HRS WI Meter Rental 11.25 22.50 5.00 HRS Magnetometer 11.25 56.25 Subtotal: EXPENSES 894.75 Total Invoice Amount 2808.90 PAST DUE ACCOUNTS WILL BE ASSESSED A SERVICE CHARGE OF 1.5%PER MONTH. THANK YOU Onginal-Write • Client Copy• Ye'low • Protect Manager-Pink • Accounting-Gold E C G INVOICE )13 AEI 0 � MIDWEST ENVIRONMENTAL 2305 NUMBER EIIIIII CONTROL CORPORATION DEC 11 90 DATE PLEASE REMIT TO: P MECC 7 City of Shakopee SOLD 500 Gorman Street 3901 University Ave NE TO: Shakopee MN 55379 Minneapolis, MN 55421 (612) 781-1647 Attn: Mr. David Hutton CN: PO# SALESMAN TERMS: NET 10 0191 QUANTITY DESCRIPTION UNIT PRICE TOTAL AMOUNT Project # 1134-0690 Description Invoice reflects environmental engineering services for Phase I - management of underground storage tanks including field operations and report preparation for four tank sites. 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CTO O rn C) } - n b C= 'J 0 0 0 0 0 0 0 Q70707O o IJ O CD O CD CD CD CD CD 0 CD CD CD CD C7 n C Cl) CD CO B B B B BBB C B 0 CD ar 2:� c+ C) c+ H H H -•• r. .r• r. ry J. J. J. - CD V' .. . CSD CSD N 'Cl d Cr) "Cl 3 '=J `TJ N �1 "T1 cu x F- !••H• a CD '1 N CU M • \D L' c+ - O C) o n u ,�,> 0 S c•r' C C- ..-- 0 CD C 1. 1 "CS C. W W W W w W W W :.J W W W co CO CO W W n CO Cr Q -.3 -J 7 1 „ 1 --7 V V V 01 O'N 01 I--• N H C \D CO --I C\ \n \n \n W N O 'D CO V z 0 Cn co m C C =0 = w o m 0 x CO ^i 0 ^w '_ '1 < D 3 - = CD 's > B to C ) el y J. Z C O 0 C O W u 0 CO Cr 0 O O Cl) 0 Cl)r C P . = CD to Y - P CD CD i r CO Cl) r• Cl) < CO r'• < N 074 'CD1 Si CD$ C x 7r 0_ cnS K `i J• co 'C07 CD o N CD CD '1 co CD CD < CD Q- 4a4 n H 7" ..0 \.. W IJ v HP N 41. a C\ H W N -3 - HPA u � !--1 4' \Ti C\ J \P r C.C% \n \J1 1 N \-"1 \O O $--. V p \D C)Cr) c* \.11• Iw C .0 0 .0 \n 0 N 0 '-O CO V O O O .0 C 0 ' C\ \C 0 Cu Cs - •A O V O CONSENT 13 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Minnesota Valley Trail License Agreement Amendment DATE: January 30, 1991 INTRODUCTION: In September of 1990 the City of Shakopee executed a Trail License Agreement with the Department of Natural Resources (DNR) for the purpose of extending the Minnesota River Valley Trail through Huber Park. It has been brought to the attention of staff that the Agreement executed by City officials on September 4 , 1990 contained three minor errors pertaining to the description of the trail area. Staff would like to request that the appropriate City officials be authorized to make the appropriate corrections to the Trail License Agreement as approved by City Council on September 4 , 1990 . BACKGROUND: In June of 1985 the City of Shakopee entered into a Trail License Agreement with the State of Minnesota that provided for the extension of the Minnesota River Valley Trail through City properties that are within the proposed trail alignment. This agreement included the property identified as Levee Drive, Huber Park and Memorial Park. A subsequent agreement approved by the City of Shakopee in April of 1989 provided for the trail extension through Murphy' s Landing. In August of 1990 the Department of Natural Resources was attempting to finalize a land acquisition agreement with Mr. Bob Sweeney for the trail right-of-way between Market and Minnesota Streets. This process involved the trade off of National Park Service property to Mr. Sweeney in exchange for a permanent trail right-of-way across his property. Prior to finalizing the agreement with Mr. Sweeney, the National Park Service requested a guarantee from the City that lands in this area would be dedicated to insure the construction of the trail through Huber Park. The City of Shakopee subsequently directed the appropriate City officials to execute a Trail License Agreement with the Department of Natural Resources providing for a continuous trail corridor along the Minnesota River beginning at the West side of platted Sommerville Street and extending Easterly through the area known as Huber Park to the West side of platted Main Street. Shown in Attachment No. 1 is that portion of the Minnesota Valley Trail License Agreement that was approved by Council on September 4 , 1990 as it relates to the described property. Note that I have shaded in the incorrect language that was included in the 1990 agreement and added the correct language which is underlined. These changes are minor in nature, but staff felt that it would be appropriate to have Council formerly direct staff to make the changes as noted. 13h ALTERNATIVES: 1. Direct the appropriate City officials to make the appropriate language changes describing and clarifying the property identified in the Trail License Agreement as adopted by City Council on September 4 , 1990. 2 . Do not authorize the appropriate City officials to make the changes to the September 4 , 1990 Minnesota River Valley Trail License Agreement. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: Direct the appropriate City officials to make the appropriate language changes describing and clarifying the property identified in the trail License Agreement approved by City Council on September 4 , 1990 . BAS/tiv I 3 h ATTACHMENT #1 Excerpt from Minnesota Valley Trail License Agreement as adopted by City Council on September 4 , 1990. 1. DESCRIPTION OF LANDS A strip of land 20 feet wide and generally parallel to the Minnesota River beginning at the West side of platted Sommerville Street and extending Easterly approximately 240p 1250 feet through the area known as Huber park to the West East side of platted Main Street. The specific trail alignment to be by mutual agreement between the City and State. The resulting corridor will be located within 10 feet of either each side of the center line of the trail. ...................... ....................... ...................... ....................... ...................... J% ONSENT y `�j ) '6 A MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk`C RE: Amendment to Lease With Valley Ice Arena, Inc. DATE: January 28, 1991 INTRODUCTION: For Council consideration, attached is an amendment to the current lease the City has granted to Valley Ice Arena, Inc. BACKGROUND: When the City first entered into a lease with Shak-O-Valley Amateur Hockey, Inc. for the erection of the "bubble" in Lions Park, the lease required that certain insurance be carried. In addition to general public liability insurance, building and contents coverage was required. Sometime after the life expectancy of the bubble had expired, the Council was approached by members of the Hockey Association asking that they be allowed to discontinue carrying building and contents insurance. The insurance premium had gotten to expensive in comparison to the worth of the facility. Since Council 's approval of this request, the facility itself has not been insured. This year, when the City Attorney reviewed the insurance renewal for the ice facility, she recommended that the lease be amended to require only that insurance which is being provided. I have spoken with representatives of both Valley Ice Arena, Inc. (the party the current lease is with) and the Hockey Association (the party who utilizes the facility) and they wish to continue the practice of providing ONLY the general public liability insurance. (See attached letter from Jerry Ubel. ) ALTERNATIVES: 1. Require building & contents insurance 2 . Amend the lease to delete requiring building & contents insurance 3 . Ignore the lease which requires building & contents insurance 4. City agree to pay the cost of building & contents insurance RECOMMENDATION: Staff recommends alternative #2, amend the lease. RECOMMENDED ACTION: Authorize proper city officials to execute an amendment to the lease between the City of Shakopee and Valley Ice Arena, Inc. deleting the requirement of providing building and contents insurance for the "bubble" located at Lions Park. JERRY UBEL SHAF'OF'EE:'P :IOR LAKE YOUTH HOCKEY ASSOCIATION PRESIDENT , AND SECRETARY TO THE SHAKOPEE VALLEY ICE ARENA COMMISSION JANUAR`( 1 =' , 1 991 MAYOR GARY LAURENT MEMBERS OF CITY COUNCIL CITY OF SHAKOPEE 12? EAST 1st AVE . SHAKOPEE. MINN. 55379 MAYOR LAURENT ,AND CITY COUNCIL MEMBERS; THIS LETTER IS TO REQUEST FROM THE CITY COUNCIL , AN APPROVAL ON A WAVIER OF REQUIRED STRUCTURAL INSURANCE ON THE VALLEY ICE ARENA , ALSO KNOWN AS "THE BUBBLE" . IT IS EMPERATIV'E TO THE ICE ARENA AND THE SHAKOPEE/PRIOR LAKE YOUTH HOCKEY ASSOC . TO REQUEST THIS OF YOU BECAUSE OF THE COST OF INSURING THE BUBBLE . WE HAVE ESTIMATES OF UP TO $100 ,000 .00 TO INSURE THIS STRUCTURE BECAUSE OF ITS AGE AND THE FACT THAT THE BUBBLE HAS OUT LIVED ITS NORMAL LIFE EXPECTANCY. THE SHAKOPEE/PRIOR LAKE YOUTH HOCKEY ASSOC. AND THE VALLEY ICE ARENA DEFINITELY CAN NOT AFFORD SUCH A CHARGE . I SPOKE WITH JUDY COX ON THIS MATTER AND SHE THOUGHT THAT AT ONE TIME A FEW YEARS AGO THE ICE AREANA BOARD WAS GIVEN PERMISSION FROM COUNCIL TO WAVE THE INSURANCE ARTICLE NO . V OF THE LEASE BETWEEN THE CITY OF SHAKOPEE AND THE SHAKOPEE VALLEY ICE ARENA INC. I AM QUITE SURE THAT THE LAST FOUR OR FIVE YEARS THE VALLEY ICE ARENA HAS NOT HAD STRUCTUAL INSURANCE . AS JUDY MENTIONED , PERHAPS A AMENDMENT COULD BE MADE ON ARTICLE NO . V . ( 5 . 1 . ) THE SHAKOPEE/PRIOR LAKE YOUTH HOCKEY ASSOC . AND THE VALLEY ICE ARENA INC: . RESPECTFULLY REQUEST THE COUNCILS ATTENTION TO THIS MATTER. THANK YOU, RESPECTFULLY SUBMITTED , JERRY UBEL ' SECRETARY , ICE ARENA COMMISSION • 13 AMENDMENT TO LEASE AGREEMENT This amendment, made this day of , 1991, by and between the City of Shakopee, a Minnesota municipal corporation (hereinafter designated and referred to as "Lessor") , and Valley Ice Arena, Inc. , a Minnesota non-profit corporation (hereinafter designated and referred to as "Tenant") . WITNESSETH: WHEREAS, on May 1, 1985, Lessor and Tenant entered into a Lease Agreement, demising certain property to the Tenant; and WHEREAS, said Lease Agreement required the Tenant to procure certain insurance on the building and building contents; and WHEREAS, the parties hereto no longer desire to require this insurance. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and in the Lease Agreement, and for further good and valuable consideration which each of the parties hereto acknowledge as adequate and sufficient, the parties hereto agree as follows: 1. That Paragraphs 5 . 1 and 5. 5 of the Lease Agreement are hereby deleted in their entirety. 2 . That Paragraph 5. 3 of the Lease Agreement is hereby amended to read as follows: "5 . 3 All policies of insurance required under this Lease Agreement shall name the Lessor as the co-insured. " 3 . That all other provisions of the Lease Agreement shall remain in full force and effect. IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment to Lease Agreement to be duly executed as of the day and year first above written. VALLEY ICE ARENA, INC. THE CITY OF SHAKOPEE By: By: Its President Mayor By: By: Its Secretary City Administrator By: City Clerk THIS INSTRUMENT DRAFTED BY: APPROVED AS TO FORM: City of Shakopee 129 E. 1st Ave. Shakopee, MN 55379 By: City Attorney [iceka] LEASE AGREEMENT `.. �- '� {;d 1.3 THIS INDENTURE, made this /fit day of May, 1905, by and between the City of Shakopee, a Minnesota municipal corporation (hereinafter designated and referred to as "Lessor"), and Valley Ice Arena, Inc., a Minnesota non-profit corporation (hereinafter designated and referred to as "Tenant"). U1'1NESSETII: 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 constructed thereon (said land and improvements being hereinafter collectively 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 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. TFRM 2. 1 rime term of this Lease shall commence on the 1st day of June, 19115, and shall continue thereafter through and inclusive of 12:00 o'clock noon on the 30th day of May, 1990, unless sooner terminated an herein vet forth. 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, at Shakopee City hall, annual rental in the sum of One and no/l00 Dollars (i1.0U). ARTICLE IV. USE 4. The Demised Premises shall be used for purposes of an ice arena -1- and for such activities as may be lawfully carried on, in and about the hi•mised Premises. Tenant shall not. use or occupy the Demised Premises or knowingly permit the Demised Premisen to be used or occupied contrary to any statute, rule, ordinance, requirement or regulation applicable thereto, or in any manner whirl, would substantially diminish the value or usefulness of the Demised Premises or any part thereof. ARTICLE V. INSURANCE 5.1 the Tenant shall, al the Tenant's sole cost and expense, keep all hulldiugs or structures erected upon the Itemised Premise:;, and fixtures thereto. 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, a:; are or shall b.' customarily covered with respect to buildings or structures similar In construction, general location, use and occupancy, Including, but without limiting the generality of the foregoing, windstorm, hail, explosion, vandalism, rivet and civil commotion, damage from vehicles and smoke damage and such oilier cov-rage 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 buildings and structures similar to construction, general location, use and occupancy as are, or shall bo, constructed on tie Demised Premises. These insurance provisions shall in no way limit or modify any of the obligations of the Tenant under any of the terms or provisions of this Lease. 5.2 'Ilea• 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 !lability insurance against claims for personal injury, death or property damage occurring upon, in, or about the Demised Premises and on, in or about the adjoining lands, streets and passageways, such insurance to allord protection to the limit of not less than Lite maximum amonnl for which claim may be rn.ede against a municipality, which at lite time this Lease is entered Into 1:; Two hundred Thousand and no/100 Dollars (S2UU,000.00) per • person and Six Hundred Thousand and no/100 Dollars (i600,000.00) per Iueieleul. Sh..oi•i that. amount be changed by the legislature Lhe 'Natant will provide Insurance affording protection to the Lessor in the new amounts. Should by LourI action the limitations on amounts of claims that may in. made against. :e municipality be removed, tie Tenant shall provide such amouuts 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 Llu'reoo have heel, 'mid, not lens than Ito' (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. 5.5 The Tenant shall insure the contents of any building or structure occupied by the Tenant, against loss or damage by fire, windstorm or other casualty for such amount as Tenant may desire and Tenant agrees that such policy shall contain a waiver of subrogation clause as to the Lessor. the Tenant waives, releases and discharges Lessor for all claims or demands whatsoever which Tenant may have or acquire in the future, arising out of damage to the destruction of Tenant's contents occasioned by fire or extended coverage risk whether such claim or demand may arise because of the negligence of the Lessor, its agents or employees or toherwise, and Tenant agrees to look to insurance coverage only in the event of such loss. CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Flags on 1st Avenue DATE: February 1, 1991 INTRODUCTION: On January 8 , 1991, the Shakopee City Council directed the appropriate City officials to inform the Shakopee Public Utilities Commission (SPUC) of the City Council ' s desire to have flags installed on 1st Avenue in recognition of the Armed Forces deployed in the Persian Gulf. Said flags were to remain displayed for an initial 2 week period. BACKGROUND: The initial 2 week period for having the flags displayed on 1st Avenue has expired. Therefore, City Council should go on record to support of the continued flag display or request that the flags be taken down. Following Council ' s action on January 8 , 1991, staff drafted a correspondence to the Commanders of the American Legion and VFW. (See attachment) In my conversation with Mr. Lou VanHout, I discovered that the American Legion and VFW have traditionally been responsible for determining when flags should be displayed along 1st Avenue. Therefore, in keeping with past practice, staff requested the American Legion Commander and VFW Commander to keep Mr. VanHout apprised of their desire in regard to leaving the flags in place for a longer duration or having them taken down. Earlier this week, I spoke with Mr. Arnold Stage, American Legion Commander regarding this issue. He informed me that it was the desire of the American Legion and VFW to have the flags remain in place for the duration of the Persian Gulf Conflict. I would like to note that the American Legion and VFW have supplied the funds in the past to purchase the flags along 1st Avenue. I should also note that they have verbally reaffirmed their commitment to do so in the future. Based on the desires of the American Legion and VFW, staff would like to recommend to City Council that they go on record endorsing the American Legion and VFW' s position in regard to flags on 1st Avenue. ALTERNATIVES: 1. Support the American Legion and VFW' s position in regard to the display of flags along 1st Avenue. 2 . Direct the appropriate City officials to contact the American Legion, VFW, and SPUC informing them of the City ' s desire to have the flags taken down along 1st Avenue as soon as possible. 3 . Table action pending further information from staff. X3 .3 STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: Move to endorse the American Legion and VFW' s position in regard to the display of flags along 1st Avenue. BAS/tiv / , ( / 3 3 CITY OF SHAKOPEE s. . `tr- INCORPORATED 1870 k 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612)445-3650 L January 23 , 1991 : }tf) Mr. Arnold Stage American Legion Commander 628 East 8th Avenue Shakopee, MN 55379 RE: First Avenue - Flag Display Dear Mr. Stage: Yesterday I had the pleasure to speak with you regarding the American Legion's desire to have the United Stated Flags displayed along First Avenue in support of the allied forces in the Persian Gulf. At that time, I requested that you contact the VFW Commander to determine if they were also supportive of this concept. After discussing the matter with the VFW Commander you later informed me that it was indeed the desire of both the American Legion and the VFW to have the flags displayed along First Avenue for an initial two week period. The City Council on January 22 , 1991 took action in support of your position. City staff has contacted Shakopee Public Utilities and has requested that the flags be displayed for an initial two week period. Upon completion of the two week period, I would request that you contact Mr. Lou VanHout, Shakopee Public Utilities Manager to inform him of the American Legions and VFW's position in regard to leaving the flags in place for a longer duration or having them taken down. Mr. VanHout can be reached at 445-1988 . If you have any questions regarding this issue, please feel free to call me at 445-3650. Sincerely, FP-614/1; Barry A. Stock Assistant City Administrator BAS:trw c: Lee Schiller, Shakopee VFW, Commander The Heart Of Progress Valley JONSENT MEMO TO: Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: AMM Labor Relations Subscriber Service Bill DATE: February 1, 1991 INFORMATION AND BACKGROUND: On January 22nd, Council tabled the AMM bill for the labor relations subscriber service for the year March 14 , 1991 through March 14 , 1992 . Councilwoman Vierling asked whether or not we would need to pay for the Stanton survey since it appeared that this service continues to get updated information as union contracts are settled. We are checking into this, but we believe that the Stanton survey is provided to us as a part of our annual dues. We do need to continue to belong to this service. We have received the attached letter from the Metropolitan Area Management Association asking that the check be made payable to Minnesota Labor Relations Service. RECOMMENDED ACTION: 1] Remove from the table the $2 , 600 . 00 bill from the Association of Metropolitan Municipalities - Labor Relations Subscriber Service for labor relations subscriber service for the year March 14 , 1991 through March 14 , 1992 . 2] Move to amend the motion to make payment to Minnesota Labor Relations Service. 3] Approve payment of $2 , 600. 00 to the Minnesota Labor Relations Service for labor relations subscriber service for the year March 14 , 1991 through March 14 , 1992 . ii , ::: -A 21. Ltai'. K.+ L. tom. tip: L. .,,- _ - ..r o .._ P .. a (.2/:,/ DATE: January 16, 1991 TO: METROPOLITAN AREA MANAGEMENT ASSOCIATION MEMBER (MAMA) AND MAMA LABOR RELATIONS SUBSCRIBER SERVICE MEMBERS FROM: CRAIG R. RAPP, PRESIDENT METROPOLITAN AREA MANAGEMENT ASSOCIATION SUBJECT: METHOD OF PAYMENT - LABOR RELATIONS SUBSCRIBER SERVICE Approximately two weeks ago you received a memo from me explaining the Labor Relations Subscriber Service would be provided to Metropolitan Area Cities and cities in greater Minnesota. After further discussion and consideration, it has been determined that all subscription payments for this service shall be made payable to Minnesota Labor Relations Service and sent to the following: Minnesota Labor Relations Service c/o League of Minnesota Cities 183 University Ave. East St. Paul, MN 55101-2526 If a check has already been made payable and mailed to the Association of Metropolitan Municipalities (AMM) , no further action is needed. If you have any questions about this or about anything connected with the service, please contact this writer at 612-424-8000 or Cy Smythe at 612-546-1470 . CONSENT TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Termination of Deferred Compensation Plan (IDS) DATE: January 24, 1991 Introduction The City has two deferred compensation plans available to the employees. One plan has no active participants and it is requested that Council terminate that plan. Background The City has offered it's employees their choice of two deferred compensation plans. The older of the two plans (IDS) has no active participants and has only one former employee eligible for benefits. The newer plan (PEBSCO) has 41 active participants. SPUC has their own plan which is identical to the City's older plan. In accordance with Article VI, Section 6.1, it is requested that Council adopt the attached resolution terminating the Section 457 Deferred Compensation Plan commonly referred to as the IDS plan. This termination does not affect the benefits that the remaining former participant will receive. Those benefits continue as if the plan remained in effect. Action Requested Offer Resolution No. 3348 A Resolution Terminating the City of Shakopee's Section 457 Deferred Compensation Plan Commonly Referred To As The IDS Plan, and move its adoption. 1d � Resolution Number 3348 A Resolution Terminating The City of Shakopee's Section 457 Deferred Compensation Plan Commonly Referred To As The IDS Plan WHEREAS, the City of Shakopee's Section 457 Deferred Compensation Plan commonly referred to as the IDS plan has no active participants, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shakopee, Minnesota, that the City of Shakopee's Section 457 Deferred Compensation Plan commonly referred to as the IDS plan is hereby terminated in accordance with Article VI, Section 6.1 of said plan. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1991. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney IOSENT pa, MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Directociii›APA" SUBJECT: Vierling Drive Watermain Assessments Project No. 1990 DATE: January 29, 1991 INTRODUCTION: Attached is Resolution No. 3351, a Resolution declaring the cost to be assessed and setting a public hearing on the proposed special assessments for the Vierling Drive Watermain Project. BACKGROUND: The Vierling Drive Watermain Project has been completed and all costs associated with this project have been identified. This project is being funded by special assessments to the abutting property owners and by the Shakopee Public Utilities Commission. The total project costs incurred for this improvement is $139, 137 . 04 . The amount that will be assessed to the benefitted property owners is $87, 079. 68. The remainder of the costs will be paid for by Shakopee Public Utilities Commission and equal $52 , 057. 36. The final assessment calculations use the exact same methodology and formulas as outlined in the feasibility report and as presented at the public hearing prior to ordering the project. The final assessment calculations for this project have been submitted to the Utilities Manager and he has no objections to the final calculations. Prior to levying any assessments on this project, the City Council is required to hold a public hearing on the proposed assessments. Attached is Resolution No. 3351, which declares the cost to be assessed and sets the date for the public hearing for March 5, 1991. ALTERNATIVES: 1. Adopt Resolution No. 3351, which sets the date for the public hearing for March 5, 1991. 2 . Adopt Resolution No. 3351, but set a different date for the public hearing. 3 . Deny Resolution No. 3351. RECOMMENDATION: Staff recommends Alternative No. 1. / v t ACTION REQUESTED: Offer Resolution No. 3351, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments to the Vierling Drive Watermain Project No. 1990-2 and move its adoption. DH/pmp MEM3351 RESOLUTION NO. 3351 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments Project No. 1990-2 Vierling Drive Watermain WHEREAS, a contract has been let for the improvement of: Vierling Drive by watermain and the contract price for such improvements is $82 , 175. 10, the construction contingency amounts to $ -0- and the expenses incurred or to be incurred in the making of such improvements amounts to $56, 961.94 so that the total cost of the improvements will be $139, 137.04 and of this cost the Shakopee Public Utilities Commission will pay $52, 057.36 as its share of the cost. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $87, 079. 68 . 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he/she shall file a copy of such proposed assessment in his/her office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 5th day of March, 1991, in the Council Chambers of City Hall at 7: 30 P.M. to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and he/she shall state in the notice the total cost of the improvements. He/she shall also cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. i9/ 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: City Attorney .•..... eini 0 .41 _ i Nuive ) / Ce MEMO TO: Dennis Kraft, City Administrator ;) )i c___J FROM: John DeLacey, Engineering Tech. III � SUBJECT: Killarney Hills Project No. 1989-7 DATE: January 30, 1991 INTRODUCTION: Council action is required for a Resolution Accepting Work on the Killarney Hills Project No. 1989-7. BACKGROUND: All of the work for this project has been completed in accordance with the contract document. A signed copy of the Certificate of Completion is attached. ACTION REQUESTED: Offer Resolution No. 3353, A Resolution Accepting Work on the Killarney Hills Project No. 1989-7 and move its adoption. JHD/pmp MEM3353 CERTIFICATE OF COMPLETION CONTRACT NO . : 1989-7 DATE : January 30 , 1991 PROJECT DESCRIPTION : Killarney Hills Project CONTRACTOR : GMH Asphalt , Corp . 17018 Saddlewood Trail Minnetonka , MN 55343 ORIGINAL CONTRACT AMOUNT $ 99 , 251 . 50 QUANTITY CHANGE AMOUNT $ 5 , 086 . 05 CHANGE ORDER NO , 1 THRU NO . -- AMOUNT , , , $ 250 . 00 FINAL CONTRACT AMOUNT $ 104 , 587 . 55 LESS PREVIOUS PAYMENTS $ 101 , 587 . 55 FINAL PAYMENT $ 3 , 000 . 00 I , hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council , I, therefore, recommend above specified final payment be made to the above named Contractor, Professional Engineer /fG Form Minnesota Department of Revenue IC-134 f vt Rev.9/89 Withholding Affidavit for Contractors This affidavit must be approved by the Minnesota Department of Revenue before the State of Minnesota or any of its subdivisions can make final payment to contractors.— - — Company nameGMH Asphalt Corporation MinnesotatDnumber 2857091 Address 17018 Saddlewood Trail Month:year work began July 1990 _ city Minnetonka state MN Zip Code 5534 Month/year work ended September 1990 Total contract amount: 104,587.55 Telephone number Amount still duo: ( 612) 935-6840 - - -3,000.00 - - - — Did you have employees work on this project? Project number: 1989-7 If none,explain who did the work: Project location: Shakopee, MN Project owner: City___-____-_. Yes Address 129 E. 1st Ave. , Shakopee, MN 55379 Check the box that describes your involvement in the project and fill in all information requested in that category: ❑ Sole contractor ❑ Subcontractor If you are a subcontractor,fill in the name and address of the contractor that hired you: ® Prime Contractor If you subcontracted out any work on this project,all of your subcontractors must file their own IC-134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had,fill in the business information below,and attach a copy of each subcontractor's certified IC-134. (If you need more space,attach a separate sheet.) Business name Address Owner/Officer — __- - Steve Schneider Schneider Excavating & Grading , 405 S. Central Ave. , Young America, MN 55397 Alexander Construction Co. , 9050 Jefferson, Inver Grove Hgts. , MN - Craig Alexander Kloos Sod Service, 114 S. Elm St. , Chaska, MN - Douglas Kloos mrn�ew .,.nr�r•,-pti--r-.•�exmfln�ne,••• ,rrreea•n.,s:.vtran:r,nn,+r<,wnr .,...� I declare that at information I have filled in on this forms true and complete to the best of my knowledge and belief. I authorize the Department of Revenue to disclose pertinent information relating to this project,including sending copies of this form, to the prime contractor if I aa subcontractor_and to any subcontractors if I am a prime contractor,and to the contracting agency_ m Contract sig wre Title Date , President 12/14/90 For certification, mail to: Minnesota Department of Revenue,Business Trust Tax Section Mail Station 6610,St. Paul, MN 55146-6610 Certificate of Compliance with Minnesota Income Tax Withholding Law Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. Signature el authorized Department of Revenue otl c al Dare n`n{ A ` !/ /' ;' - A h 1904 Form Minnesota Department of Revenue IC-134 Rev.9/89 Withholding Affidavit for Contractors Ls='8'$Ins: ` $ This affidavit must be approved by the Minnesota Department of Revenue before the CEO 17 MO State of Minnesota or any of its subdivisions can make final payment to contractors. Company name Kloos Sod Service Minnesota ID number 469-60-3444 Address 114 S. Elm St. Month/year work began Se.tember 1990 City Chaska State MN Zip Code 55 318 Month/year work ended September 1990 _ Total contract amount: $6,584.60 Telephone numlwr Amount stilt duo: ( 612 ) 448-4070 S 116.10 Did you have employees work on this project? Yes Project number: 1989-7 If none,explain who did the work: Project location: Shakopee, MN Project owner: City Address 129 E. 1st Ave. Shakopee, MN 55379 Check the box that describes your involvement in the project and fill in all information requested in that category: ❑ Sole contractor Et Subcontractor If you are a subcontractor, fill in the name and address of the contractor that hired you: GMH Asphalt Corporation 17018 Saddlewood Trail, Minnetonka,_ MN 55345 O Prime Contractor If you subcontracted out any work on this project,all of your subcontractors must file their own IC-134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had,fill in the business information below,and attach a copy of each subcontractor's certified IC-134. (If you need more space,attach a separate sheet.) Business name Address Owner/Officer I declare that all information I have tilled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of Revenue to disclose pertinent information relating to this project,including sending copies of this form, to thoprime contractor if I am a subcontractor,and to any subcontractors if I am a prime contractor,and to the contracting agency.— x Cctor's signature ,,Title {Date 7 i 0 Ait.e0,4—,IIL, )4.(,%—e".1...—, For certification,mail to: Minnesota Department of Revenue, Business Trust Tax Section Mail Station 6610,St. Paul, MN 55146-6610 Certificate of Compliance with Minnesota Income Tax Withholding Law Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. S gna:ure of ac:honzed ment of Revenue o'c al Date -- -- - -- / 1 Form Minnesota Department of Revenue IC-134 Withholding Affidavit for Contractors Rev.9/89 This affidavit must be approved by the Minnesota Department of Revenue before the 1' -. . f r State of Minnesota or any of its subdivisions can make final payment to contractors. Company nameMinnesota ID number Schneider Excavating / Grading 5444012 Address 405 S. Central Ave. Month/year work began July 1990 City Young America State Lp Code 55397 Montn/year work ended August 1990 Total contract amount: 5,187.50 -- umbe — —._ Toleptronne number -/-%;;;;;E.1;1- 7.--- mnunl still tltw: ( 612 ) 467-2656 . 500.00 Did you have employees work on this project? Project number: 1989-7 If none,explain who did the work: Project location: Shakopee, MN Project owner: City Yes j Address 129 E. 1st Ave. , Shakopee, MN 55379 Check the box that describes your involvement in the project and fill in all information requested in that category: ❑ Sole contractor E Subcontractor If you are a subcontractor,fill in the name and address of the contractor that hired you: GMH Asphalt Corporation, 17018 Saddlewood Trail, Minnetonka, MN 55345 ❑ Prime Contractor If you subcontracted out any work on this project,all of your subcontractors must file their own IC-134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had,fill in the business information below,and attach a copy of each subcontractor's certified IC-134. (If you need more space,attach a separate sheet.) Business name Address Owner/Officer I declare that all information I have filled in on this forms true and complete to the best of my knowledge and belief. I authorize the Department of Revenue to disclose pertinent information relating to this project,including sending copies of this Corm, to the_prime contractor if I am a subcontractor,and to any subcontractors if I am a prime contractor,and to the contracting agency. __ ____—__ Contractor's signature Title Date � _441_,;(1.. } " � c n'c am.— � --- -- - -7_/ _- C-: - — For certification, mail to: Minnesota Department of Revenue, Business Trust Tax Section Mail Station 6610, St.Paul, MN 55146-6610 Certificate of Compliance with Minnesota Income Tax Withholding Law Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. �-Signature of authorized Department of Revenue ctr�oal Date / itisrt+ass Trust Tax. Form IC-134 Minnesota Department of Revenue ,p�� Rev.9/89 Withholding Affidavit for Contractors VV 17 199° This affidavit must be approved by the Minnesota Department of Revenue before the State of Minnesota or any of its subdivisions can make final payment to contractors. Company name Alexander Construction Co., Inc. Minnesota ID number X 8467385 Address 9050 Jefferson Month/year work began August 90 city Inver Grove Hgts. state MN Zip Code 55077 Month/yearwork ended — August 90 Total contract amount: __ _ __ 18,288.00 TekphononumberAmountSliitduo:—_._--_--_ .._ —_.—.__..____ __ —. _-.________ ( 612 ) 688-2755 i 914.40 Did you have employees work on this project? Yes Project number: 1989-7 If none,explain who did the work: Project location: Shakopee, MN Project owner: City Address 129 E. 1st Ave. Shakopee, MN 55379 Check the box that describes your involvement in the project and fill in all information requested in that category: ❑ Sole contractor E Subcontractor If you are a subcontractor,fill in the name and address of the contractor that hired you: GMH Asphalt Corporation 17018 Saddlewood Trail, Minnetonka, MN 55345 0 Prime Contractor If you subcontracted out any work on this project,all of your subcontractors must file their own IC-134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had,fill in the business information below,and attach a copy of each subcontractor's certified IC-134. (If you need more space,attach a separate sheet.) Business name Address_____-—__ ---_-- Owner/Officer------------------ YR,,,, • • icer gif•RMIV.-1Wdt".0~•O,0.6..MC.^1.,Jr370fa'`L�P�IVYIIi�TG1.!'s.)YQ I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of Revenue to disclose pertinent information relating to this project,including sending copies of this form, { to the.prime contractor if I am a subcontractor,and to any subcontractors it t am a prime contractor,and to the contractin . 1‘Contractor's signature i ; Title9.a genc Y -._- _----- // / f Date 1 / . For certification,mail to: L' Minnesota Department of Revenue, Business Trust Tax Section Mail Station 6610,St. Paul, MN 55146-6610 Certificate of Compliance with Minnesota Income Tax Withholding Law Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. r Sgnatur aynori ed Department of Revenue Whoa! -—- - - - Date -' =1✓__ �-. a ) 4C- RESOLUTION NO. 3353 A Resolution Accepting Work On The 1989-7 Public Improvement Program Killarney Hills Project WHEREAS, pursuant to a written contract signed with the City of Shakopee on May 24 , 1990, GMH Asphalt Corp. , 17018 Saddlewood Trail , Minnetonka, MN 55345 has satisfactorily completed the construction of Roadways within Killarney Hills Addition Namely (Sharon Parkway and Tyrone Drive, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of $ 3, 000.00, taking the contractor' s receipt in full. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney /-� � ' _ MEMO TO: Dennis Kraft, City Administrator FROM: Ray Ruuska, Engineering Coordinator j 1� SUBJECT: Tahpah Park Lights, Project No. 1990-6 DATE: January 30, 1991 INTRODUCTION: Council action is required for a Resolution Accepting Work on the Tahpah Park Lights Project No. 1990-6. BACKGROUND: All of the work for this project has been completed in accordance with the contract document. A signed copy of the Certificate of Completion is attached. ACTION REQUESTED: Offer Resolution No. 3354, A Resolution Accepting Work on the Tahpah Park Lights Project No. 1990-6 and move its adoption. RR/pmp MEM3354 CERTIFICATE OF COMPLETION CONTRACT NO . : 1990-6 DATE : January 30 , 1991 PROJECT DESCRIPTION : Tahpah Park Lights CONTRACTOR : a & B Electric , Inc . 755 Hwy . 7 West Hutchinson , MN 55350 ORIGINAL CONTRACT AMOUNT $ 84 , 190 . 00 QUANTITY CHANGE AMOUNT $ ( 486 . 00 ) CHANGE ORDER NO . 1 THRU NO . 2 AMOUNT . , , $ 7 , 835 . 00 FINAL CONTRACT AMOUNT $ 91 , 539 . 00 LESS PREVIOUS PAYMENTS $ 91 , 539 . 00 FINAL PAYMENT $ -0- I , hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council . I , therefore, recommend above specified final payment be made to the above named Contractor, Professional Engineer REY,r c ? k .':, _ For x1134 m �`ti „4.�,. .;..;-Minnesota Department of Revenue DEC 10 19.'.4O Rey.9/89 Withholding Affidavit for Contractors s This affidavit must be approved by the Minnesota Department of Revenue before the State of Minnesota or any of its subdivisions can make final payment to contractors. re i t1�n Calvary name Mhrwata ID punter , tVi if Adieus MoMhyear vat began 15s , �y 7 1- N Ply OM Zip code Mon year wait ended L t'r41.111 /,'X' 53sc y — 9 o Total contras amount: i Teleptcne rnmOr Amount stll due: ( ! '2 ) ‹.Y - 65 ,i .21 X5/7, s2 Oki you have employees work on this project? ! Project number. If none,explain who cid the work �----- _Project location: S-h.t/o E:- x'-/ Project owner: /74 rc 4." ' /.a i-,/r c- • 441211111111111111/1111111,1 Address / Check the box that describes your Involvement In the project and fill In all Information requested In that category: • Sole contractor ❑ Subcontractor tf you are a subcontractor,fill in the name and address of the contractor that hired you: O Prime Contractor tf you subcontracted out any work on this project,all of your subcontractors must file their own IC-134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had,fill in the business information below, and attach a copy of each subcontractor's certified IC-134. (If you need more space, attach a separate sheet.) Business name Address Owner/Officer , • I declare that all infamabon I have filled in on this forth is true and complete to the best of my knowledge and belief. !authorize the Department of Revenue to disclose pertinent information relating to this project,including sending copies of this form, to the prime contractor if I am a subcontractor,and to any subcontractors if I am a prime contractor,and to the contracting agency. Contractors signator. / \ Tills Data AL l For certification, mail to: Minnesota Department of Revenue,Business Trust Tax Section Mail Station 6610,St. Paul, MN 5514E-6610 Certificate of Compliance with Minnesota Income Tax Withholding Law Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. t}t: %rum",of auteortzed Depart+(++of Rereoue onc6i sal ; nt 'i 9 \9 7� _ ( v i , RESOLUTION NO. 3354 A Resolution Accepting Work On The 1990-6 Public Improvement Program Tahpah Park Lights Project WHEREAS, pursuant to a written contract signed with the City of Shakopee on April 6, 1990, A & B Electric, Inc. , 755 Hwy. 7 West, Hutchinson, MN 55350 has satisfactorily completed the Installation of Lights at Tahpah Park, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney Qf CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Ray Ruuska, Engineering Coordinator SUBJECT: Vierling Drive, Project No. 1988-1 DATE: January 29 , 1991 INTRODUCTION: Council action is required for a Resolution Accepting Work on Vierling Drive from County Road 17 Easterly for ± 3200 Feet, Project No. 1988-1. BACKGROUND: All of the work for this project has been completed in accordance with the contract document. A signed copy of the Certificate of Completion is attached. ACTION REQUESTED: Offer Resolution No. 3355, A Resolution Accepting Work on Vierling Drive from County Road 17 Easterly for + 3200 Feet, Project No. 1988-1 and move its adoption. RR/pmp MEM3355 CERTIFICATE OF COMPLETION CONTRACT NO . : 1988- 1 DATE: November 14 , 1990 PROJECT DESCRIPTION : Vierling Drive CONTRACTOR : Northdale Construction Co . , Inc . 14450 Ncrthdale 31vd . Rogers , MN 55374 ORIGINAL CONTRACT AMOUNT $ 399 , 732 . 33 QUANTITY CHANGE AMOUNT $ ( 13 , 854 . 45 ) CHANGE ORDER NO , THRU NO , AMOUNT , , , $ FINAL CONTRACT AMOUNT $ 385 , 877 . 88 LESS PREVIOUS PAYMENTS $ 384 , 877 . 88 FINAL PAYMENT $ 1 , 000 . 00 I , hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council , I, therefore, recommend above specified final payment be made to the above named Contractor, 41111k- /-7//2/7 Professional Engineer 1 .rte Form Minnesota Department of Revenue Rev.IC-,sa 9189 Withholding Affidavit for Contractors This affidavit must be approved by the Minnesota Department of Revenue before the State of Minnesota or any of its subdivisions can make final payment to contractors. Company name Minnesota ID number NORTHDALE CONSTRUCTION COMPANY, INC. 9305174 Address Month/year work began 14450 NORTHDALE BLVD. 7-88 City State Zip Code ; Month,'year work ended 6-89 ROGERS, MINNESOTA 55374 l Total contract amount: $399,732.33 Telephone number , Amount still due: ( 612 ) 428-4868 $1,000.00 Did you have employees work on this project? YES , Project number: 1988-1 If none,explain who did the work: I Project location: VIERLING DRIVE Project owner: CITY OF SHAKOPEE Address129 EAST 1ST AVENUE, SHAKOPEE, MN 55379 Check the box that describes your involvement in the project and fill in all information requested in that category: x_. Sole contractor L Subcontractor If you are a subcontractor,fill in the name and address of the contractor that hired you: Ei Prime Contractor If you subcontracted out any work on this project, all of your subcontractors must file their own IC-134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had,fill in the business information below, and attach a copy of each subcontractor's certified IC-134. (If you need more space, attach a separate sheet.) Business name Address Owner/Officer I declare that all information I have filled in on this forms true and complete to the best of my knowledge and belief. I authorize the Department gf-Rev nue to disclose pertinent information relating to this project,including sending copies of this form, to the prime contractor if I m a subcontractor,and to arty subcontractors if I am a prime contractor,and to the contracting agency. Contractor's signature Title Date rn ----it---ln–s _ Aj For certification, mail to: Minnesota Department of Revenue, Business Trust Tax Section Mail Station 6610, St. Paul, MN 55146-6610 Certificate of Compliance with Minnesota Income Tax Withholding Law Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. Date .ignature of authorized Department of Reyenueficlal DEC 0 2 1990- — 4P6- 7 Of/ile RESOLUTION NO. 3355 A Resolution Accepting Work On The 1988-1 Public Improvement Program Vierling Drive From County Road 17 Easterly For ± 3200 Feet WHEREAS, pursuant to a written contract signed with the City of Shakopee on July 12 , 1988, Northdale Construction Co. , Inc. , 14450 Northdale Blvd. , Rogers, MN 55374 has satisfactorily completed the construction of Vierling Drive from County Road 17 Easterly for + 3200 Feet, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of $ 1, 000.00, taking the contractor's receipt in full. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney 4111 ONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Karen Marty, City Attorney RE: Supporting County Action Regarding Amending the AG Tax Law DATE: February 1, 1991 INTRODUCTION: On January 22 , 1991, the Scott County Board approved proposed amendments to various statutes pertaining to agricultural property taxation and forwarded the proposal to legislators and lobbyists for review and action. BACKGROUND: At its meeting on January 30, 1991, the City Council directed staff to prepare a resolution supporting the action of the Scott County Board relating to proposed amendments to various statutes pertaining to agricultural property taxation. The attached resolution does this. The proposed statutory amendments which were approved by the County Board are attached to the Resolution. ACTION REQUESTED: Offer Resolution No. 3356, A Resolution of the City of Shakopee, Minnesota, Supporting the Position of the Scott County Board and Supporting the Proposed Amendments to Various Statutes Pertaining to Agricultural Property Taxation, and move its adoption. RESOLUTION NO. 3356 A RESOLUTION OF THE CITY OF S POSITION OF HAKOPEE, MINNESOTA, SUPPORTING THE THE SCOTT COUNTY BOARD AND SUPPORTING THE PROPOSED AMENDMENTS TO VARIOUS STATUTES PERTAINING TO AGRICULTURAL PROPERTY TAXATION. WHEREAS, on January 22, 1991, the Boar approved proposed amendments to variousscott statutesnpertaini agricultural property taxation and forwarded the proposal to legislators and lobbyists for review and action; and ng to WHEREAS, the Shakopee Cit and supportsWHRAthe City Council agrees with this action and Sec. 273 . 13 asrsetsed fortheinments to Exhibit AMinn. Stat. Sec. 273 . 111 NOW THEREFORE, BE IT RESOLVED BY THE CITY C this Resolution. SHAKOPEE, MINNESOTA, AS FOLLOWS:T COUNCIL OF THE CITY OF amendmhat tsthe ShakMinnopee eaCity Council supports Sec.thproposed to agricultural property taxation, 111 and 273 . 13, which is attached hereto and incorporated herein as set forth lb Exhibit A, relating Passed in Y reference. of the City of Shakopee, session of the Minnesota, held this City Council 1991. day of Mayor of the City of Shakopee Attest: City Clerk Approved as to form: - .. - %" - - - City Attorney [RESAGRI] Attachment it,( Minn. Stat, Agricultural 5273, 111 Law - Green Acres rty Tax - (Minnesota Agricultural grope` Subd, 6, agricultural property shall the tots l a l u e Provided a t be Considered is total production of the annually. to be in X398- tion a owner (1) at lea and (2) 88 $1 000. 00 income including is derived these 33 I dairy animais devoted plus 48:98 $25. 0 per rental from the bearing animals, dairy products,pro Per tills he PrOpe In mal ct tion for ble acre; Sect ' uc forage,ions 18 . 44sth horticultural poultry and r sale of Iiv grain through and poultry esto Sections s, beeggh18 61, fruit of al nursery stock y Products, Qete�Qhd apiary products b kinds, which is Ui &iett a�tera}cd teTaaftei- }9el}e d-eerrti s by the wn vegetables letftei 273. 13 Subd. esC Cls 2 tern-3-eha�� be-sere- 7, 3 i uncle 23 shall s. (c) .ro.ert eeifi ed under nd re�hdQd-i r t e same owners considered eC .1.1e classified uncle s-be-$rr 1P and management. unser s r Sectsi The above-noted Clastass s2 from consideration ons d rations remove land /ands, and m con agricultural land,within the of non-agricultural the increase but green acresltural Property for ees the liinimum productioclude n h come provision as income as fired fro / Y4 Minn. Stat. 5273. 13, Subd. 23 (a) (a) p Class improvements mr r0Vemen`S a property ; garage and that is is aqr icu i sea goy immediately tu. 3l land mark a gross im, 000 has a l esurrounding ord. e market including any et , tax t mar value capacity net ax capacity o acre o f value of the kat value over pa p0 of 1 . 75 y o� .805 Land that he and m less than of the house, has a percent of Percent of doe improvements;ts °u,0pp� ��e, garage, aax ndp ofk2 t one ac mar value °� the ec a� to the value of the emain2 psresnt• h, netis t,::{ ents Ouse' garage, different between 6surrounding one ac. capacity capacity v* ge, and e bet;✓e q /and `e c. land of 1 . 7I . { 3 p surrounding S6 irclu, • ^ and 5 percent percent market ore 5. 000 and the 1 . 295 pence e remaining of market market va acre ofhe m, percent o`percent of marketgvalue over t vaiue of value and land h, over ma_ value er 320 the a gross market lue nd acres first 320 t� tax the �d5,0pp value• The a a gross has a net acres of 2.25 acitY of Im4�Ket value remaining value capacit_vtof capac 165 000 market percent of market percent of mat does not exceed class 2a 1 . 75 665 value value, market value sed 320 Pr°Per. ht t of in excess The ream • and a gross tax has ent of market market value and a grof 320 oss snhaS property over ti per (b) Class tax capacity tax capacit y of 2.25 used exclusively Property wood elY fo is (1) real mann Products through r growing estate, real estate et technies the utilization for timber, in char forestz e Pro that desi. ation of r, I atter a property has a is non-homestead to D •ensra user, and and gross tax net tax homestead romots an llv accepted wood am capacity x capacity ofa1 ricult rc enhance growth; (c) Agricultural 25 percent 655 Per land. `1 wt and acreageMural Iand of market °f market 2b wh) acltu ten acres oras used in value. t value an Purposes, ci during th more, the primarily section mea . for timber ASricu e preceding and ns continuousagricultural of l farm Progrs�tstrlte QbeOw,}Pd°ducts�in acegrowing o Minn. }~�� d cOrdance w • f tree; • an lard ith • Stat. 5273. 13, Subd• 23 included in Class 2 (c) • (f) by the Owner rO'srty is re for the •rowzn or s•ecifzcal estate, rur• al in chars forestry man •oses throes or timber, cable a•rzc character, not a u u °rosursound incmu es techniauesuti izatlOn eo, and wooer al •ur.oSes 1Zed •roe n ed by s ouch designed .ensra yr woo or •rossrtaxhas a net Class a , w,asteland, and °romots and accepted capacity of ca°achy of agricu�tuwa°dlands co nhancs °erCent of market Percent °f market to (c) _ue, value and a ify c! MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S . Cox, City Clerk RE: Ordinance No. 305 - Expanding Membership on the Park & Recreation Advisory Board DATE: February 1, 1991 INTRODUCTION & BACKGROUND: Attached is Ordinance No. 305, which expands the membership on the Park & Recreation Advisory Board from 7 to 8 . This is prepared pursuant to City Council direction at its January 29 , 1991 meeting. The ordinance will become effective after it is published on February 14th. At the regular meeting on February 19th, the appointment to fill this additional term can be made and the appointee can then participate in the next Board meeting on February 25th. When appointments were made to the Board in July, 1990, the terms were set to expire in 1991, 1992 , and 1993 - see attached. Bob Tomczik and Steve Johnson originally indicated that they would like to be appointed for one year so as to provide continuity. The other terms were set to expire in two and three years. Of course all terms will be shorter than expected because the Board did not begin to officially meet until January, 1991. If there is a desire to push all terms out, that could be done. So as to keep the terms staggered, I would recommend, then, that both Bob and Steve be appointed for one year, expiring in January, 1992 - see attached. Council may have some other suggestions. Please advise, so that the proper resolution can be prepared for the February 19th City Council meeting. See draft attached. RECOMMENDED ACTION: 1] Offer Ordinance No. 305, An Ordinance of The City of Shakopee, Minnesota, Amending Sec. 2 . 57 of The City Code, Park and Recreation Advisory Board, By Amending Subd. 2 , Composition of Commission, To Increase The Membership on The Board From Seven to Eight, and move its adoption. 2] Direct the appropriate city officials to prepare a resolution expanding the terms of all Park and Recreation Advisory Board members as suggested. ;F- ORDINANCE NO. 305 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING SEC. 2 . 57 OF THE CITY CODE, PARK AND RECREATION ADVISORY BOARD, BY AMENDING SUBD. 2 , COMPOSITION OF COMMISSION, TO INCREASE THE MEMBERSHIP ON THE BOARD FROM SEVEN TO EIGHT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That Sec. 2 . 57 of the Shakopee City Code, Park and Recreation Advisory Board, is hereby amended by deleting Subd. 2 , Composition of Commission, and adopting one new subdivision in lieu thereof, which shall read as follows: "Subd. 2. Composition of Commission. The Park and Recreation Advisory Board shall consist of eight [seven] members appointed by the Council having staggered terms of three years each. Appointment shall be made by resolution naming the Board members and setting the term of office. Vacancies occurring thereafter shall be filled for the unexpired term of the vacant office and shall be by resolution adopted by a majority vote of the Council. The composition of the Board may include citizens from the community representing the following interests in the community: A. School. B. Community Organization(s) . C. General Public. D. Senior Citizens. E. Neighboring Townships. " Note: The bracketed language [thus] is deleted; the underlined language is inserted. Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 2 . 99, Violation a Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. After adoption, signing and attestation of this ordinance, it shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the day following such publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1991. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: /� City Attorney Published in the Shakopee Valley News this day of , 1991. [2 . 57] / 417- EXPLANATION TO ORDINANCE NO. 305 ORIGINATING DEPARTMENT: City Clerk' s Office PURPOSE: To expand the membership on the Park and Recreation Advisory Board from 7 to 8 BACKGROUND: On July 17, 1990, appointments were made to the Park and Recreation Advisory Board. Terms of the seven members were staggered to expire on January 31st of 1991, 1992 , and 1993 ; January 31st being the date that all terms on boards and commissions expire. In November, 1990, the city requested applications from citizens to fill expiring terms on all city boards and commissions, and appointments were made in January. One of the parties whose term was expiring on the Park and Recreation Advisory Board was not reappointed to said Board. Although the Board was created in June of 1990, the then existing Community Recreation Board was to continue to function until December 31, 1990 . The New Board began meeting with the existing Board in order to get up to speed by the time the existing board was abolished - as a result of the school district no longer funding the recreational programs jointly with the city. The combined boards were able to meet only a few times. The increase in membership will allow the reappointment of this experienced member at a critical time for the new Board' s development. RECOMMENDED ACTION: Offer Ordinance No. 305, An Ordinance of The City of Shakopee, Minnesota, Amending Sec. 2 . 57 of The City Code, Park and Recreation Advisory Board, by Amending Subd. 2 , Composition of Commission, to Increase The Membership on The Board From Seven to Eight, and move its adoption. z o? W W H H w 3 YEAR TERMS CD E CD E R C7 Qi • o H PARK & RECREATION ADVISORY BOARD TERM EXPIRES NAME & ADDRESS PHONE APPOINTED 1/31/92 -->53 '/Ronald Larson 445-7948 h 7/90 1285 Limestone Drive 937-8599 w Shakopee, MN 55379 1/31/92 > oj.j Dolores Lebens 445-1532 h 7/90 538 West 4th 445-3188 w Shakopee, MN 55379 1/31/93 —) 9/ Bill Priess 445-5735 h 7/90 1522 East 10th Shakopee, MN 55379 1/31/93--> i /Paulette Rislund 445-3084 7/90 1181 Jefferson Street Shakopee, MN 55379 1/31/92--)93 /Paul Ten Eyck 445-5473 h 7/90 903 West 6th 890-6393 w Shakopee, MN 55379 *1/31/94 `/Robert Tomczik 496-2774 h 7/90 1232 Monroe Street 623-4567 w Shakopee, MN 55379 1/31/94 --) 9Y ` Anne Seifert 445-0633 h 1/91 738 Scott 448-8823 w Shakopee, MN 55379 1/31/91--> 12, Steve Johnson 7/90 2134 E Bridge Crossing 445-5346 h *1/31/91 was Bob' s original term. Recently reappointed. RECOMMENDED ACTION: After Council adopts Ord. No. 305 on 2/5/91 , and it is published, staff recommends adopting a resolution setting terms as above . Note that both Bob Tomczik and Steve Johnson said that they would take the one year terms so as to provide some continuity - when the appointments were originally made . OR Council may have other suggestions . DRAFT FOR FEBRUARY 19TH COUNCIL ACTION / 4/ RESOLUTION NO. 3354 A RESOLUTION MAKING APPOINTMENTS TO THE PARK AND RECREATION ADVISORY BOARD WHEREAS, on July 17, 1990, appointments were made to the newly created Park and Recreation Advisory Board; and WHEREAS, January 22, 1991 appointments were made to fill two expiring terms on the Park and Recreation Advisory Board; and WHEREAS, the original terms should have expired one year later than indicated in the original appointment because the creation of the new board did not become effective until 1991, as a result of the School Board's discontinued participation in the funding of Shakopee Community Recreation (50/50 split) with the City of Shakopee, and WHEREAS, the City Council finds it desirous to correct and affirm appointments and terms for appointments to the Park and Recreation Advisory Board as set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNEOSTA, that the following appointments to the Park and Recreation Advisory Board are hereby made: 1] Robert Tomczik and Steve Johnson for a one year term expiring January 31, 1992 . 2] Ronald Larson, Dolores Lebens and Paul Ten Eyck for a two year term expiring January 31, 1993 . 3] Bill Priess, Paulette Rislund and Anne Seifert for a three year term expiring January 31, 1994. BE IT FURTHER RESOLVED, That this resolution supersedes all previous motions or resolutions adopted by the City Council inconsistent herewith. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1991. Mayor ATTEST: City Clerk Approved as to form. City Attorney