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04/16/1991
MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: March 28 , 1991 1 . Attached is a correspondence from James Terwedo, Scott County Attorney regarding an invitation for one of the Councilmembers to attend the Scott County Substance Abuse Summit 1991 scheduled for May 6, 1991 from 8 : 00 a.m. to 4 : 30 p.m. If you are interested in attending this summit please contact Toni at City Hall . 2 . Attached are the Program Costs by Department as of April 4 , 1991 . 3 . Attached are the Revenue and Expenditure Reports as of March 31, 1991 . 4 . Attached is the April Business Update from City Hall . 5 . Attached is the Building Activity Report for March. 6 . Attached is an invitation to Darlene Schesso ' s retirement party to be held on April 25th at the KC Hall . Hope to see you there. 7 . Attached is the Police Newsletter for City Council review. 8 . Attached are the unapproved minutes of the March 20, 1991 meeting of the Energy and Transportation Committee. 9 . Attached is a memo from Barry Stock regarding the Metropolitan Waste Control Commission' s plans to apply N-VIRO soil to private land located within the City of Shakopee. THE OFFICE OF THE SCOTT COUNTY ATTORNEY Substance Abuse Prevention Program COURTHOUSE 206 428 S. HOLMES ST. SHAKOPEE, MN 55379-1380 (612)-496-8240 FAX#(612)-496-8275 JAMES A.TERWEDO County Attorney March 20 , 1991 Dear Local Community Leader, I am excited to personally invite you to the Scott County Substance Abuse Summit 1991 . The purpose of the Alcohol and Drug Abuse Prevention Summit is to facilitate the development of a comprehensive, and planned approach to alcohol and drug abuse prevention in the local communities in Scott County. The Summit is scheduled for May 6 , 1991 , 8 :00AM to 4 :30PM at the Shakopee Knights of Columbus Hall. Please mark your calendars now to ensure that your community will qualify for a $500 . 00 Community Prevention Planning Grant to be awarded at the Summit to each Scott County City that has the required local Community Prevention Planning Team present at the Summit. Each Scott County City that has the required Prevention Planning Team members present at the Summit will receive a $500 .00 Community Prevention Planning Grant. REQUIRED PREVENTION PLANNING MEMBERS: 1 . Mayor or Councilmember 2 . School Superintendent or Assistant Superintendent 3 . Chief of Police 4 . Ministerial Representative 5 . Local Civic Organization Leader 6 . Local Parent Organization Leader 7 . Local health or human service organization representative. 8 . Two High School Students (Juniors or younger) 9 total required members. Each Community Prevention Planning Team will •be given technical assistance along with the grant to develop a Comprehensive Community Prevention Plan their local community. These Community Prevention Plans will provide a long-term strategic plan to guide-the ongoing prevention efforts of each community and better position each community to apply for State and foundation funds to implement their prevention plans. Robert Sigmundik Creating a unified approach to the reduction a Program Director of alcohol and other drug abuse amen Shawn Winn in Scott County. Intern • • ( I This Program Initiated by Scott County Americanl`eg15n Posts In addition, these Community Prevention Plans will be used to develop an application for a 4 year multi-million dollar Community Partnership Grant from the Office of Substance Abuse Prevention. It is anticipated that Scott County and Carver County will submit a joint Community Partnership Grant proposal late in 1991 with your community' s input. I look forward to seeing you all at the Summit. Please return the enclosed post card filled out as your RSVP that you will be often i n a the Summit. -re y,_- - 4P%te -V / � . Jal -s 4 . Terwedo ott County Attorney ( Announcing : SCOTT COUNTY ALCOHOL & DRUG ABUSE PREVENTION SUMMIT The Scott County Attorney along with the Veterans Organizations of Scott County and the State Office of Drug Policy are sponsoring this Summit of Local City and County Leaders. We seek to empower local leaders to better plan how to respond to alcohol and other drug abuse in our local communities. WHEN: MAY 6, 1991 8:00 AM to 4:30 PM WHERE: Shakopee Knights of Columbus Hall 1760 E. 4th Ave. Shakopee, MN WHO: • Mayors and City Councllmembers. • Police Chiefs and DARE officers. • Superintendents, and school social workers, counselors. • School board members. • Parent organization leaders. ./ Ministers and youth ministers. • Leaders of local Civic and Service organizations. • Leader?. In health human servIce organizations. • Concerned citizens in Scott County. BENEFITS OF ATTENQING: • increased awareness of the cost of substance abuse in Scott County. • Education on what works In alcohol and other drug abuse prevention • Initial training and guidance In local prevention team planning. • Receipt of 3500.00 Local Community Prevention Planning Grant and technical assistance. .i Inclusion in Multimillion S Federal Community Partnership Grant Application. SCOTT COUNTY ALCOHOL & OTHER DRUG ABUSE PREVENTION SUMMIT 8: 0OAM-8: 30AM Registration 8: 30AM Welcome and intro by Jim T. - Local Stat ' s 9: 00AM Morning Keynote: Active Community Prevention Former Mayor Edward Munoz , Gallop NM 10: 0OAM Break 1C : 1 5AM Panel : WHAT ARE THE COSTS•' S. W. Metro DrugTask Force MADD Member Recovery person and Family member Eileen Moran or social worker G&A 11 : 30AM Lunch Gov. Carlson and/or Congressman Ramstad 1 : 15PM "Together We Can" Glenn Wier inq_a (Office of Substance Abuse) O&A 12: 30PM Chisago Co. (Benefits of cooperative planning) 1 : 30PM Breakouts: Community Prevention Teams 1 . Overview of Planning Process ?. Who is missing? �. Meeting plan/schedule 3. 3-4 problem indicators 3: 00PM Break 3: 15PM Prevention Teams report back to large group 4: 00PM Award of $500 checks 4: 30PM Adjourn O R. )...• r I-. r i.-. 0 0 rn U) W N r 0 Z v C Z r 0 m 0 C) O C') 0 3 0 N m m H m N m r m D m x 0 0 G) v Z v -4 v 1 v -< v Cm D > -1D --4 < -1 < --1 0 -1 I v -4 M Z v D rn -4 C) -I C) 1 > -I -( > MO C) 0 m 0 r 0 0 0 Q 0 < -or O --1 C D D v > .3d > C) D N mC) A z r r r Z r 0 r C) zrn N H C 0 1z O M N Z 1 rn A I- 1 C) 1 v JO r1 D (D D r N r r -I 1 0 ') v C Z 0 Orr (0(.0(0/0(.0 rrrrr (0(0w(0(Orrrr (O(D(0(D(O(.0rrrr r (0 000)0) (0(0(0(D oo U1 U1 U1 U1 U1 (0(O(0(D Oo CJ W W W (D(D(D(D 00 00 N N N N r 00 -4C4(-. mW Nr�1C)WNr 03 WNr V UiAWr Nr00 V 0oCUtr r V OvC) ODa vDC) OC)OrC) C) 00v1C)D 1 0 -IMM 10CDC)m -40-nr.m D -i-Imo-r>0 D -4 20Z SNO<C)Z 2CmC)Z v 22230W1 < 2 rn(nm mm C)vOm mz.-Immi mm( rr 0 rn vmv vUnOCv MC)C)ZX D vv0 MZ v v 0D 01r ZD rir+UD r Z r+ vCr MI 1--11-- Mr-DI-1r- r vvZ V) 9. v v D1 DM rl D MZ DDM 1 D v -.<0-4M <z ZX -< OX i -<-<1- ao C) < 0 10m 1 C)> 1 0 D 1 1 > O G) vZO vU 1 12>0 Z C) v —4 C v v mc> m D mm0 > D m 4-1 z m > v I- v C) v m C G) N v 0 C) v 3 D D m Dz3 m 2 > Z r-' D N 3 on 3 r m m m m m D Z m m m X v X Z X N 1 2 X X m < m 1 rn N 1 m m v Po v C) v m v v 0 0 v m > M 3 f., r 2N C) U1 N r r U7 r CO V V 1-A (0 00 1-40 V(0 W COMM (0r01-.U1 U) NAW N (O V A(0) WWAO) U)U) CZ -40 0)N rAA(0(0 0)r0r O) O A000 NCr00 W WQ)00NU)N U7 4.1:. 71> <N . . . . . . . . . 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W'CDWAO U) O C)U1r C.-)0 O)CDW C N N 0 UC V v O )W.+C -JCC0w0AWA(D000AwACT O) OCNCOWCOrOv D N N 0 0 N N N 0)OW0NrOOrW(vvCTOCDWOAW N 00v00AVOArV = U( 0 0 0 V V W vOWCDr00AAWO)A0Co00 NwW r 00 N)C0AOrCA D 0 0 0 0 0 0 - r N NOOr',OCNAV CDOVOCDAU)OW 0 00WrOLJW0vWW Z -0 0 0 0 O O 0 O 4,7 N :0:::::: 0Ow0o0v(Dv(or (o OOW(DOONOvow m O m N N r ro N rrw r N corn) NN rN N N N N C)O'A 0U1 O)'0WO 4-0r AO A .-CDN WW CD(DA co CD co N W0(D-W0O)V NWOO NOOOA W co,--co AW WChA C) -4 4- T r D C co C)Z cD 0 0 ►- O C A Z O 0-+ -i►� -4 O m C.) 0 Nm n Z T7 x m N Z - D Y›- c, 0 -r I-- I-1 - O -4 O T .11 O Z C m -4 Z m D O r 73 0 73 rr .-r O Z C m N X CO 73 r -v RI O m uo A Z w 0 Z -4-I w C C rn D r- 0 O -+ Z C -i oi <= m D � Z n m m v 0 C, -▪ D C/1 -13 - w - O I- - 0 -4 O �--� O Z-< m C CD v 0 D CD D-i (/) CO 0 -+O O N C - A ro D I w w o) Vt m cD rn �- O D CD rn H a Z - rn C) D m C) m r CD - C) -4 N BUSINESS UPDATE FROM CITY HALL Vol . 5 No. 4 Dear Chamber Member: April 1 , 1991 ADMINISTRATION At their regular meeting on March 5, 1991, the City Council authorized hiring a temporary management analyst to study and evaluate city operations and city departments to determine if the cost of city services can be reduced and/or shared with other taxing jurisdictions. CITY CLERK At the regular City Council meeting on March 19th, Mayor Laurent Proclaimed the month of APRIL, 1991 as "SHAKOPEE EARTH MONTH" , in the City of Shakopee, and called upon all citizens of Shakopee to seriously consider implementing the three R' s "REDUCE, REUSE AND RECYCLE" as part of their daily activities thereby serving to enhance and protect our environment for citizens now and in the future. COMMUNITY DEVELOPMENT The Shakopee Community Recycling Day has been scheduled for Saturday, April 27, 1991 . The disposal site will be located behind the Shakopee Municipal Services building just off Gorman Street. The City of Shakopee will provide free disposal of recyclable items including the following: yard waste, car batteries, tires, brush, scrap metal and major appliances. Residents wishing to dispose of other refuse will be charged a flat fee based on the type of vehicle transporting said refuse. The 1991 tipping fees which apply to refuse loads only will be as follows: $10 . 00 per car, $10 . 00 per trailer and $15. 00 per pick-up. An additional fee in the amount of $10. 00 per mattress will also be applied. There will be no tipping fees applied to those vehicles solely containing recyclable items. The Community Development Commission is considering the development of a residential development incentive policy. The primary purpose of the policy would be to provide assistance to housing projects which would not have otherwise occurred without the provision of financial assistance. Eligible projects would include those focused on improving deteriorated or blighted neighborhoods or development of areas that have extra ordinary development costs due to unusual conditions such as limestone, contamination, grading costs, etc. The Community Development Commission hopes to have a program outline completed for Council consideration within the next two months. ENGINEERING/PUBLIC WORKS The Second Avenue project has been ordered by the City Council and plans are currently being prepared for that project. This project consists of constructing Second Avenue as two one-way coupler streets on each side of the tracks from Spencer St. to Naumkeg St. and installing new sewer and watermains. All gravel streets intersecting with Second Avenue will also be paved as part of this project. The project has been estimated at approximately $1 . 0 million. The Fifth Avenue/Market Street project and the Bluff Avenue project are currently out for bids with a bid opening scheduled for April 9 , 1991 . A contract should be awarded by May 1, 1991 . PARKS AND RECREATION The annual Shakopee Showcase will be Monday evening, April 15th, from 6: 30 - 8 : 30 p.m. and will be held at Canterbury Downs. This is your chance to gain information and register for many Park and Recreation summer activities. This will also be true with other non-profit organizations who will be represented at the Showcase. In all, there will be 84 organizations at this year' s Shakopee Showcase. PLANNING Applications are being accepted for an Assistant Planner who will be responsible for reviewing plans and proposals for conformance with city ordinances, developing a database for current planning cases and assisting in the preparation of long range planning studies. Applications will be accepted until 4 : 30 P.M. , April 12 , • 1991. CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - MARCH 1991 March 1991 March 1990 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 14 29 1,972, 300 8 18 1, 059, 800 Single Family-Septic 1 1 72,900 1 4 491, 100 Multiple Dwellings - 3 279, 600 - - - (# Units) (YTD Units) (-) (6) - (-) (-) - Dwelling Additions 6 7 31, 000 1 2 22 ,500 Other 1 4 20,780 - - - New Comm. Bldgs 1 1 150, 000 1 1 80, 000 Comm. Bldg. Addns. - - - 1 2 957, 000 New Industrial-Sewered - - - - - - Ind. Sewered Addns. - - - - 1 462, 800 New Industrial-Septic - - - - - - Ind. Septic Addns. - - - - - - Accessory/Garages 1 2 9, 900 2 5 35, 648 Signs & Fences 5 9 39, 042 8 13 15,940 Fireplaces/Wood Stoves 1 1 4, 200 - - - Grading/Foundation - 1 200, 000 1 1 28, 000 Remodeling (Res. ) - 7 59, 900 6 8 36, 300 Remodeling (Inst. ) - - - - - - Remodeling (Comm/Ind. ) 6 11 1,237, 297 5 12 282,850 TOTAL TAXABLE 36 76 4,076,919 34 67 3 ,471,938 TOTAL INSTITUTIONAL - - - - - - GRAND TOTAL 36 76 4,076,919 34 67 3 , 471,938 No. YTD. No. YTD. Variances - 2 - 2 Conditional Use 2 3 - - Rezoning - 1 - - Moving - - - - Electric 26 65 26 70 Plumbing & Heating 43 101 26 74 Razing Permits Residential - 1 - - Comm./Ind./Inst. - - - - Total dwelling units in City after completion of all construction permitted to date 4, 515 Jeanette Shaner Building Department Secretary CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN MARCH, 1991 8914 Gardner Brothers 1189 Sapphire Lane House 69, 000 L 3 B 4, Heritage Place 8915 Glen Ladwig 9085 13th Avenue East Garage 3 , 000 8916 Lawrence Sign Inc. 327 Marschall Road Sign 1,900 8917 Falde Builders 1278 Maxine Circle Fireplace 4, 200 8918 Jasper Dev. Corp. 2749 Jade Circle House 80, 000 L 2 B 6, Hauer' s 4th 8919 Novak Fleck 1204 Clover Court House 62 , 000 L 19 B 1, Meadows 4th 8920 Novak Fleck 1176 Vierling Court House 65, 000 L 6 B 1, Meadows 2nd 8921 Novak Fleck 1313 Pondview Court House 60, 000 L 2 B 2, Meadows 3rd 8922 Gardner Brothers 2016 Murphy Avenue House 72, 200 L 4 B 5 Heritage Place 8923 Novak Fleck 533 County Road 72 House 72, 900 L 5 B 1, Kubes 2nd 8924 W. F. Construction 1232 Ruby Lane House 72, 000 L 3 B 1, Heritage Place 2nd 8925 Valleyfair One Valleyfair Drive Comm. 25, 000 8926 Pablo's Mexican Rest. 230 South Lewis Expansion 13, 500 8927 Vision Energy 441 West First Avenue Propane 3 , 400 Dispenser 8928 Novak Fleck 516 Mint Circle House 67, 800 L 2 B 6, Meadows 4th 8929 Gardner Brothers 1240 Sapphire Lane House 66, 000 L 21 B 2, Heritage Place 2nd 8930 Shakopee Valley Print 5101 Valley Ind. Blvd. Comm. 3, 200 8931 Void 8932 Vital Signs 1038 East 1st Avenue Sign 1, 000 s'-' 8933 F. W. Construction 1240 Ruby Lane House 74 , 000 L 4 B 1, Heritage Place 2nd 8934 Gardner Brothers 1250 Sapphire Lane House 74, 600 L 22 B 2, Heritage Place 2nd 8935 Valleyfair One Valleyfair Drive Comm. 150, 000 8936 J & M Construction 1108 Minnesota Court Porch 2,700 8937 Stanley Beireis 137 No. Naumkeag Comm. 150, 000 8938 Eden Trace Corp. 1240 East 3rd Avenue Comm. 1, 800 8939 J & M Construction 1136 Minnesota Street Deck 2 , 000 8940 Walker Roofing Co. 1301 West 3rd Avenue Reroof 28, 447 8941 Robert Raedeke 1113 Minnesota Street Deck 900 1 8942 Novak Fleck 1304 Pondview Court House 58, 000 L 6 & 7 B 3 , Meadows 2nd 8943 Novak Fleck 1217 Clover Court House 58, 000 L 11 & 12 B 1, Meadows 4th 8944 Commercial Ind. Realty 1634 Roundhouse Circle Deck 500 8945 Commercial Ind. Realty 1607 Roundhouse Circle Deck 500 8946 Terri Linn 1198 Madison Street Fence 3 ,572 8947 Mike Koukal 2021 Murphy Avenue Fence 1,250 8948 R & S Company 1089 Monroe Street Porch 10, 000 8949 Leroy Signs, Inc. 738 East 1st Avenue Sign 2 , 000 8950 Michael Menke 560 Hennes Avenue House 144, 000 Total: 1, 504, 369 - Retirement Party for DARLENE SCHESSO el "„ z1°17r ::::61 Thursday, April 25th fJI '1 4:30 P.M. I II iii N Knights of Columbus 1760 East 4th Avenue Shakopee, MN Join us for cocktails and Hors d'oeuvres Everyone is Welcome E Minutes of the Energy and Transportation Committee Regular Session March 20, 1991 Chairman Drees called the meeting to order at 7: 00 P.M. with Commissioners Otto, Drees, Roman, Stolarcek, Mars and Reinke present. Commissioners Case, Ward and Kelly were absent. Barry Stock, Assistant City Administrator and Dennis Ridley, Shakopee Dial-A-Ride President were also present. Reinke/Roman moved to approve the minutes of the February 20, 1991 meeting as kept. Motion carried unanimously. Mr. Drees called for nominations for the Chairperson position. Stolarcek nominated John Drees for the Chairperson position. There were no other nominations. Stolarcek/Reinke moved to appoint John Drees as the Chairperson for the Shakopee Energy and Transportation Committee. Motion carried unanimously. Chairman Drees asked if there were any nominations for the Vice- Chair position. Commissioner Mars nominated Donna Roman for the Vice-Chairperson position. There were no other nominations. Mars/Reinke moved to appoint Donna Roman as the Vice-Chairperson for the Shakopee Energy and Transportation Committee. Motion carried unanimously. Commissioner Mars if there were any nominations for the 2nd Vice- Chair position. Commissioner Roman nominated Gail Mars for the 2nd Vice-Chairperson position. There were no other nominations. Roman/Stolarcek moved to nominate Gail Mars as the 2nd Vice- Chairperson for the Shakopee Energy and Transportation Committee. Motion carried unanimously. Mr. Stock reviewed with the Energy and Transportation Committee the 1991 Waste Abatement Program Grant Request that is proposed to be submitted to Scott County. Mr. Stock noted that the grant request includes funding for the City Recycling Clean-up Program to held on April 27th. The program also included funding for a fall yard waste collection program and funds to purchase additional recycling containers. Mr. Stock noted that following the last meeting of the Energy and Transportation Committee he met with representatives from Waste Management Inc. Waste Management officials stated a concern regarding the Energy and Transportation Committee's proposed Recycling Clean-up Program. Under the Energy and Transportation Committee's program as recommended at the last meeting, the City would have only accepted recyclable items. Waste Management was concerned over the fact that many Shakopee residents would likely still attempt to dispose of junk items. Waste r Minutes of the Page - 2 Energy and Transportation Committee March 20, 1991 Management officials then recommended that the City continue the program that has been provided in the past with a substantial increase in the gate fees to offset the disposal costs. Mr. Stock stated that he felt Waste Management's concern was valid and that it would have taken a tremendous amount of marketing to inform and educate Shakopee residents of the program format change. Mr. Stock stated that the City Council was not very excited about pursuing a community curbside exchange program. Mr. Stock stated that he also questioned the possibility of such a program, given the limited amount of staff time available to develop such a program. Mr. Stock stated that he felt it would take an inordinate amount of staff time to monitor the program and insure that it did not get out of hand. Commissioner Mars stated that she thought the community curbside exchange program should be further investigated so that it could be pursued in 1992 . Commissioner Stolarcek concurred by stating that she felt that the program did have potential. Commissioner Reinke stated that he thought the City of Belle Plaine, through their Chamber of Commerce, sponsored an annual community garage sale that was similar in format to the proposed community curbside exchange concept. Mr. Stock suggested that if the Committee wishes to pursue further investigation of the program that this is certainly a possibility. He felt that further questions had to be analyzed prior to making a formal recommendation to the City Council in 1992 . Discussion ensued. Commissioner Stolarcek commented on the flyer promoting the 1991 City Recycling Day. She stated that next year the map indicating the location of the Clean-up site should be simplified. Mr. Stock stated that this was a good suggestion and that it would be pursued in 1991 if the program is continued in 1992 . Roman/Mars moved to recommend to City Council that the appropriate City officials be authorized to submit the Grant Application Request to Scott County to offset costs associated with the 1991 City Recycling Clean-up Program. Motion carried unanimously. Mr. Stock noted that at the last meeting, the Committee discussed options to encourage recycling in apartment complexes. The Committee also discussed acquiring recycling containers that could be placed in City parks. Mr. Stock stated that he has not received any literature from the firms contacted who manufacture larger recycling containers for government use. Mr. Stock also noted that he has also not had the opportunity to contact apartment managers to determine if they have any suggestions on how to increase the recycling participation from tenants from within the apartment complexes. Mr. Stock stated that he hoped to have this information available at the Committee's next meeting. Mr. Stock then reviewed the Dial-A-Ride, Recycling and Business Update from City Hall. Minutes of the Page - 3 Energy and Transportation Committee March 20, 1991 Commissioner Reinke stated several concerns he had regarding Dial- A-Ride dispatching. Mr. Ridley stated that the computerized dispatching system does have some flaws in terms of coding procedures and that they will hopefully be eliminated with a new computer system that is being installed. Commissioner Roman stated that she had received a complaint from a resident who had been short changed by a Dial-A-Ride driver. Commissioner Roman also stated that when the individual called the Dial-A-Ride office it was not handled properly. Commissioner Roman questioned if there was any procedure in place to track complaints, in reference to particular employees. She also questioned whether or not there was a system in place to verify that drivers are not ripping off passenger fares. Mr. Ridley stated that there is a system in place which tracks complaints. He did state however that in terms of monitoring the collection of fares, there is a problem. Mr. Ridley stated that the recent implementation of the new coupon system which replaces punch cards has eliminated some of the problems. Mr. Ridley went on to state that within the next three months, fare boxes will also be installed in each of the Dial-A- Ride vehicles. He stated that this will hopefully resolve any questions of impropriety on the part of the drivers in regard to fare collections. Mr. Stock then reminded the Committee that the Shakopee Showcase will be held on Monday, April 15, 1991 at Canterbury Downs and will begin at 6: 30 p.m. He reminded the Transportation Committee members to be in attendance at the Showcase to staff the Energy and Transportation Committee booth. Commissioner Reinke questioned whether or not it would be a good time to begin advertising the Vanpool program again. He noted that traditionally every summer ridership drops off. In response to this seasonal problem he felt it would be a good idea to emphasize marketing the Vanpool program between now and June 1st. Mr. Stock stated that he felt that this was a good suggestion and would take the appropriate action to have ads placed in the Shakopee Mint. Roman/Mars moved to adjourn the meeting at 8: 00 P.M. Motion carried unanimously. Barry A. Stock, Recording Secretary C MEMO TO: Shakopee City Council FROM: Barry A. Stock, Assistant City Administrator RE: Land Spreading Municipal Waste Water Sludge Within the City of Shakopee DATE: April 12, 1991 INTRODUCTION: The City of Shakopee has received notification from the Metropolitan Waste Control Commission (MWCC) regarding their intention to pursue a demonstration project focusing on the processing and spreading of sewage sludge. BACKGROUND: The disposal of sewage sludge from MWCC treatment facilities has long been a problem for the MWCC. In an attempt to identify alternative methods of disposal, the MWCC is embarking on a new program of sewage sludge utilization. The new program will utilize the advanced alkaline stabilization with subsequent accelerated drying method. This method is approved by the United States Environmental Protection Agency as a "process to further reduce pathogens" which is the highest level of sludge treatment. Sewage sludge treated to this degree can potentially be used on lawns, golf courses, parks, etc. , as well as on agricultural land for soil enrichment purposes. The sludge product being developed by the MWCC will be marketed under the name of "N-VIRO Soil" . One of the proposed locations foran N-VIRO application demonstration project is located within the City of Shakopee. Shown in attachment #1 is a location of the proposed demonstration project site. Shown in attachment #2 is a copy of a correspondence that was received from the Minnesota Pollution Control Agency regarding their review of MWCC's demonstration project utilizing N-VIRO. The Minnesota Pollution Control Agency is considering approving the MWCC request for land spreading N-VIRO Soil at the Shakopee site and another demonstration project site located in Dakota County. City staff has reviewed the information provided by the Minnesota Pollution Control Agency and has no comments on the proposed sites or facilities from a pollution control review standpoint. Staff has also been in contact with representatives from the MWCC to determine where the actual N-VIRO processing will occur. Based on the information received from the MWCC staff, the actual dewatering of the sludge and processing will occur at the Metro Treatment plant in St. Paul. The final product (N-VIRO Soil) will then be transported to the Shakopee demonstration site and land spread. Staff has concluded that the process as presently proposed is a permitted use in the proposed demonstration project area. Therefore, no special permits are required of the MWCC at this time. I In my conversation with MWCC staff, they did inform me that the MWCC' s plans do ultimately include the dewatering and processing of the sewage sludge at the Blue Lake facility in Shakopee. City staff has drafted a correspondence to the MWCC officials indicating to them that when they select to embark upon the processing on site at the Blue Lake Treatment Plant, a conditional use permit will be required. The Blue Lake Treatment Plant is located in an I-2 zoning district. The manufacturing and processing of fertilizer and/or water and sewage treatment are both listed as conditional uses in the I-2 zoning district thereby requiring a conditional use permit. ACTION REQUESTED: No Council action is being requested at this time. •are--. Attachment 4 1 '`•..M - . _ • _. I r.:I ohovN.:;�.�w _.._. /I. :: • • 1 —y.z� i, . • i �... •. 1 1 Q - %•. ___—_—_.—__ f (y.` Y`�. -` ;I! f • I� n II t ' • 1. — — -- — iF d. lii, 1 • • .. . . , t •)"1..."'l f if -- - - — —_ .��k 1111h. • TH _L • I; i r_- • - yyy �I t,; s.• 1 �-. /c :a . r { i `'''"'• J.......; s • ______tG e. 1"ry ci', {. a LI HITS:, r'r ..\..1 ; ' s..+i�= - - '! • CJvo d r sem. • -...,.111,,,.. .. �•� —_ - — _• • -�`� - :1_ —.i......... �. —yt IS_ .10��. f. .. Attachment #2 49?t Minnesota Pollution Control Agency cr\--> 520 Lafayette Road, Saint Paul, Minnesota 55155-3898 '400/ Telephone (612) 296-6300 j MINNESOTA 1990 April 2 , 1991 To Whom It May Concern: Re: Proposed Letter of Approval for Landspreading Municipal Wastewater Sludge Enclosed is a copy of a Letter of Approval the Minnesota Pollution Control Agency (MPCA) proposes to issue for the purpose of landspreading municipal sewage sludge to supply nutrients and organic matter for soil enrichment. In all cases, the land application of sludge shall conform to Minn. Rules ch. 7040, Minnesota Sewage Sludge Management Rules, which are intended to maximize the beneficial recycling of sewage sludge through the crop-soil system, while ensuring that public health and safety are not endangered by such practices. The MPCA is especially concerned that land application is conducted in such a matter to prevent any possible contamination of surface or ground waters. We encourage local officials to notify any potentially interested parties. Copies of this notice and enclosure will be sent by the MPCA to all persons listed in the accompanying letter. Any comments or questions concerning the proposed approval should be directed to Patricia Burford at (612) 296-7214 within 14 days of the date of this letter. The MPCA, its officers, employees and agents review and comment upon the proposed sites or facilities and all submitted data. The review provides the basis for this approval, solely for the limited purpose of determining whether the land application of sewage sludge to the property proposed will comply with the regulations and criteria set forth in the Minnesota Sewage Sludge Management Rules Chapter 7040. Copies of the Minn. Rules ch. 7040 can be obtained from the State Register and Public Documents Division of the Department of Administration. For more information on how to order the rules, call (612) 297-3000. Sincerely, 19.°41.1 #. Richard J. andberg, Chief , Municipal Wastewater Treatm t Section Water Quality Division RJS:mbo Regional Offices: Duluth • Brainerd • Detroit Lakes • Marshall • Rochester Equal Opportunity Employer • Printed on Recycled Paper 7 Hr. Gordon 0. Voss, Chief Administrator Metropolitan Vaste Control Commission Hears Park Centre 230 East Fifth Street St. Paul, Minnesota 55101 Dear Hr. Voss: RE: HVCC Sites 1500, 1501 This is in response to your proposal of March 19, 1991, wherein permission was requested to apply ENVIRO-SOIL from the Metropolitan Vaste Control Commission (HVCC) Metro Plant to the private land of John O'Loughlin located in Sections 17 and 20, Township 115 North, Range 22 Vest, city of Shakopee, Scott County. Pursuant to Minnesota Statutes Chapters 115 and 116, as amended, and in accordance with provisions of the National Pollutant Discharge Elimination System (NPDES) Permit Number MN 0029815 such approval is granted subject to the following conditions: 1. This approval expires April 20, 1996. 2. Sludge application shall be limited to MVCC sites totaling 64 acres as delineated in the above proposal on file with the Minnesota Pollution Control Agency (MPCA) . 3. The MVCC shall determine the concentration of cadmium and available • nitrogen of the sludge before delivery to the above named property. Based on this information, application rates shall be limited to that quantity of sludge which will supply no more than 2.0 pounds of cadmium nor 150 pounds of available nitrogen per acre to all sites. Before delivery the MVCC shall notify the MPCA of sludge quantities to be delivered, rates to be applied, the dates of sludge delivery, and the proposed dates of landspreading. The MPCA shall be notified of the actual date of landspreading within 72 hours of the occurrence. 4. At a minimum, sludge shall be treated by a process to further reduce • pathogens. • • Mr. Gordon 0. Voss Page 2 • 5. Sludge shall not be applied to slopes exceeding six percent unless it can be immediately incorporated into the soil. No sludge may be applied on slopes greater than twelve percent. 6. Required separation distances shall be maintained to prevent direct run-off into drainage ditches or waterways when storing or applying sludge. 7. The HACC shall ensure that all delivered sludge is properly spread on the appropriate sites as soon as feasible and in accordance with 6 HOAR § 4.6101-4.6136 Minnesota Sewage Sludge Management Rules. 8. This approval is granted pursuant to MPCA authority and does not preclude the need to comply with local restrictions promulgated under the authority established in Minnesota Statutes § 473.516 or Minnesota Statutes § 400.16 whichever is applicable. If you have any questions regarding this approval, please contact Patricia Burford of my staff at (612) 296-7214. RJS/PB:mbo cc: Steven Start, Metropolitan Vaste Control Commission Allen J. Frechette, Environmental Health, Scott County Judith Cox, Clerk, City of Shakopee John O'Loughlin, Landowner TENTATIVE AGENDA ADJ.REG. SESSION SHAKOPEE, MINNESOTA APRIL 16 , 1991 Mayor Gary Laurent presiding 1] Roll Call at 7 : 00 P.M. 2 ] Reading by Mayor Laurent of City' s Non-Discrimination Policy 3 ] Approval of Agenda 4] Liaison Reports from Councilmembers 5] Mayor' s Report 6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 7] 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. ) *8 ] Approval of Minutes of April 2 , 1991 1"PG 9 / ? 1 9] Communications : a] Ted Jasper - Macey Manor storm drainage bill •� 4�na�. SLA/wK� 10] PIIBLIC HEARINGS: None 11] Boards and Commissions: None 12] Reports from Staff: *a] Probation Termination - City Attorney b] Athletic Facility Task Force c] Purchase Agreement for Marquette Bank *d] Purchase Of A Sickle Mower Attachment e] Approve Bills In Amount of $ 262 , 765 . 18 f] Comprehensive Sanitary Sewer Plan *g] David McKenna Environmental Assessment Worksheet 13 ] Resolutions and Ordinances: *a] Res. No. 3379 - Declaring Cost To Be Assessed And Setting Public Hearing on Lewis Street And Sommerville Street Improvements - 1990-5 *b] Res. No. 3381 - Declaring Adequacy of A Petition And Ordering A Report For 11th Avenue From Dakota to Naumkeag aogpz.STuTUIpy A .TD g3P.>I '2i sTuuaQ u.zno Cp' [LT auanuoo-ag [9T buTuTPb.zPq anTgoaTToo SsnosTp O . uoTssas anT.noaxa UP .zog Ssaoag [S1 morn,-4-mu 0 ..r.)'GL�''�'v"4 (7�' 'c 1-t '1 [p :ssauTsng .za1440 [tc goaCo.zd MSC-I 914,1 and gaodaj si 914,1 uI u0T4aTdUIO0 kTauxT,1 au buTgaoddng - S8CC 'off •sag [3 s4aaags -4400S pup APMuIngs 04 squauzano.zduxI 1-1661 uo spTg aog p1 buT.zapao pup soadS puP SUPTd buTno.zddV - t8CC '0N *sag [e* 14-Z1 puP 1441T uaaM;ag sgaa.z;g uosTaaPH pup uos?{oPr O . squaulanoldurI Z-166T uo spTg .zog py buT.zap.z0 puP soadS puP suPTd buTAo.zddV - C8CC 'oN .sag [p* AouabuT4uoo %S1 anoaddP QNy :anuanV J3fTg 04 squaulanoadUXI L-0661 uo puP gaa14S uTPjnj puP 'gaaa4s 4a){.zPw 'anueAV 1445 O . squaulano.zdUII t-686T uo pig buTp.zPMj - Z8CC 'oN -sag [o* :panuTquoo saoueuTpaQ pup suoT.nTosag [CT -Z- abed 1661 '91 rITHdy VCNOY 2AIJ VIN3I TENTATIVE AGENDA ADJ.REG.SESSION SHAKOPEE, MINNESOTA APRIL 16, 1991 JOINT MEETING CITY COUNCIL/SHAKOPEE PUBLIC UTILITIES COMMISSION Mayor Gary Laurent presiding 1] Roll Call at 6: 00 P.M. 2 ] Approval of Agenda 3] Report by Shakopee Public Utilities Commission 4] Other Business: a] b] c] d] 5] Adjourn to Tuesday, April 16th at 7 : 00 P.M. Dennis R. Kraft City Administrator OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MN APRIL 2 , 1991 Mayor Laurent called the meeting to order at 7 : 00 p.m. with Cncl . Vierling, Clay, Sweeney, Wampach and Zak present. Also present were Dennis Kraft, City Administrator; Barry Stock, Asst. City Administrator; Lindberg Ekola, City Planner; Karen Marty, City Attorney; and Judith S . Cox, City Clerk. The following items were added to the agenda as other business: 15a - Opt out transit legislation 15b - Fiscal disparities Met Council 15c - Citizen award program. Sweeney/Wampach moved to approve the agenda as amended. Motion carried unanimously. Mayor Laurent called a recess for the Housing and Redevelopment Authority. Mayor Laurent reconvened to City Council at 7 : 20 p.m. Liaison reports were given by the 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. Wampach/Zak moved to approve the consent business . Motion carried unanimously. Wampach/Zak moved to approve the minutes of March 19, 1991. (Motion approved under consent business) . Vierling/Wampach moved to have staff send a letter of support to the Cities of St. Paul and Minneapolis for their joint application to participate in an international initiative called the Urban CO2 Reduction Project. Motion carried unanimously. Mayor Laurent opened the public hearing on the appeal by David Brown from the Board of Adjustment and Appeal ' s denial of a request for a variance to allow a building permit for a parcel which does not abut a dedicated public street. Lindberg Ekola reviewed the request from David and Kinga Kocsis Brown for a variance for 5 years for a building permit which was denied by the Board of Adjustment and Appeals. He said the Board denied the variance because they felt that Mr. Brown was creating the hardship himself; the creation of land locked parcels has resulted in considerable problems in the City; and requiring frontage to a dedicated public street ensures proper and perpetual access to property. He said Proceedings of the April 2 , 1991 Shakopee City Council Page -2- one of the alternatives for Mr. Brown would be to go through the replatting process. Cncl. Vierling said she had a concern on setting a precedent. Mr. Brown said that there have been other people under the same set of circumstances who have been issued a building permit, and he felt a precedent had already been set. He said that the layout of the land is such that they cannot gain access to it unless a variance is granted. Dean Shaner, 2121 Hillside Drive, said it seems rather iffy as to what exactly Mr. Browns plans are. He bought his place for privacy and does not want it built up with roads. He said he is not in agreement with what Mr. Brown wants to do with his property. David Bergquist, 8324 138th Ct, Apply Valley, property owner, said that he believes the plans Mr. Brown has will not bother the structures already built. They will plat so that it will be a separate parcel of land. Melanie Kahleck, representing the Board of Adjustments and Appeals said they felt that Mr. Brown was creating the hardship himself. She said that the other cases mentioned were not before this Council or this Planning Commission and that they should not have to follow a precedent which may not be right. The earlier building permits were granted in error. Mel Fischer, 2155 Hillside Dr, feels that Mr. Brown should provide his own access and not come off of a variance off of Hillside Drive. Mayor Laurent closed the public hearing at 8 : 25 . Cncl . Zak said he feels the smoother way would be for them to plat the land. Sweeney/Clay moved to approve Variance Resolution No. CC-611 which denies the request to allow a building permit to be issued for a parcel which does not abut a dedicated public street. Cncl. Sweeney stated, for the record, that as far as the Council has been able to determine at this point there are no precedents for granting this variance and that this would create a precedence. Sweeney/Zak moved to amend the motion that the Resolution is adopted with the reasons stated therein. Motion carried unanimously. Motion carried unanimously on main motion as amended. Lindberg Ekola reviewed the Appeal of the Denial of Variance Resolution No. 606 from Leroy Signs, Inc. K Proceedings of the April 2 , 1991 Shakopee City Council Page -3- Sweeney/Vierling moved to remove from the table the request by Leroy Signs, Inc. for a variance from the sign ordinance. Motion carried unanimously. Lindberg Ekola said Leroy Signs wishes to appeal the denial of the variance. He explained they would like to have a sign placed on the west side of the building. Mayor Laurent said there is no hardship displayed and he does not feel comfortable granting a variance where a hardship has not clearly been shown. Cncl . Wampach said he feels the variance should be granted because there is not signage on that side of the building and he should be allowed his own signage. Wampach/Zak moved to approve substitute variance Resolution No. CC- 606 which approves the request to allow 70 square feet of wall signage to be placed on the west elevation of the Norwest Bank Building and stating the conditions of approval. Motion fails with cncl. Clay, Sweeney, Vierling and Mayor Laurent opposed. Discussion ensued on the possibility of amending the sign ordinance first and then allowing the applicant to get a permit. It was the consensus of the council to not redo the ordinance but treat this as an individual case. Melanie Kahleck said the sign ordinance will be reviewed by the Planning Commission sometime in the near future. The consensus of the council was that a hardship has not been demonstrated. Sweeney/Vierling moved to approve Variance Resolution No. CC-606, which denies the request to allow 70 square feet of wall signage to be placed on the west elevation of the Norwest bank Building and stating the reasons for said action. Motion carried with Cncl. Wampach opposed. Sweeney/Vierling moved to direct staff to add amendments to the sign ordinance to allow signage on all side of businesses, expediently. Motion carried unanimously. Clay/Vierling moved to approve the applications and grant on-sale and Sunday intoxicating liquor licenses to Pablo' s Mexican Restaurant, Inc. , 230 South Lewis; and direct staff to issue the licenses upon applicant' s compliance with the city code. Motion carried unanimously. Mayor Laurent called a recess at 9 : 00 p.m. Mayor Laurent reconvened at 9 : 15 p.m. Clay/Sweeney moved to direct the appropriate city officials to meet with the Shakopee Public Utility Commission officials to generate cost estimates, potential cost share arrangements and assessment alternatives to facilitate the underground overhead utility lines Proceedings of the April 2 , 1991 Shakopee City Council Page -4- in the downtown area and the reconstruction of the alleys and report findings back for further review and comment. Motion carried unanimously. Discussion ensued on appointments to the 1991 Board of Review absent sufficient applications. Clay/Sweeney moved to appoint Mr. Marks and Cncl. Clay to the 1991 Board of Review. (the Board will consist of Mr. Marks, Mr. Reinke, Cncl. Vierling, Sweeney and Clay) . Motion carried unanimously. Wampach/Zak moved to declare the cutting edge for the front end loader bucket and the spare tires/rims for the military jeeps as surplus equipment and authorize the City Administrator to sell them. (Motion approved under consent business) . Wampach/Zak moved to authorize payment to the Shakopee Basin Water Management Organization in the amount of $546. 75 representing the City of Shakopee ' s portion of their 1991 budget, the funds to come out of the Storm Sewer Utility Fund. (Motion approved under consent business) . Vierling/Wampach moved to approve the bills in the amount of $613 , 790. 13 (which includes transfers in the amount of $524 , 805 . 00) . Motion carried unanimously. Wampach/Zak moved to table the City Administrator' s report on the Organization and staffing structure of the Recreation Department until June 4 , 1991 meeting. (Motion approved under consent business) . Wampach/Zak offered Resolution No. 3377, A Resolution Repealing Resolution No. 1298 Which Amended the Improvement Assessment Policy, and moved for its adoption. (Motion approved under consent business) . Wampach/Zak offered Resolution No. 3378 , A Resolution Declaring Adequacy of Petition and Ordering the Preparation of a Report for Alley Improvements to Block 1, Mary Mark Addition and moved for its adoption. (Motion approved under consent business) . Wampach/Zak offered Resolution No. 3376, a Resolution Declaring the cost to be Assessed and Ordering the Preparation of Proposed Assessments for Adams Street, Between 6th Avenue and 3rd Avenue and 4th Avenue, Between Adams Street and Harrison Street, Project No. 1990-3 and moved for its adoption. (Motion approved under consent business) . Sweeney/Vierling offered Resolution No. 3380, A Resolution Encouraging the Minnesota Legislature to Consider Amending Minnesota Statutes, Section 473 . 375 and 473 . 388 Clarifying the Proceedings of the April 2 , 1991 Shakopee City Council Page -5- Management and Financial Authority of Opt-Out Transit Systems in the Metropolitan Area, and moved its adoption. Motion carried unanimously. Cncl. Zak had a comment on the issue he read in the newspaper regarding the fiscal disparities issue that was written by Ms. Featherstone. Cncl. Sweeney said there is some rationale for fiscal disparities to the metro area as a whole. Mayor Laurent said he would bring this issue up to Bonnie Featherstone at his next meeting with her. Cncl. Clay brought up the possibility of the City of Shakopee having some sort of citizen award program. The possibility was discussed on appointing a committee consisting of different people in the city and get their input. Cncl . Vierling suggested having different representatives from the various organizations in the City. Consensus was to discuss this issue further as a Committee as a Whole and invite some representatives from other organizations for their input as well. Mayor Laurent recessed the meeting for an executive session at 9 : 45 P.M. Mayor Laurent reconvened the meeting at 9 : 58 P.M. Vierling/Wampach moved to authorize the appropriate City officials to advertise the property identified as Lots 3 and 4 , Block 52 , Original Shakopee Plat for sale with the City reserving the right to reject any and all bids. Motion carried unanimously. Mayor Laurent adjourned the meeting to April 9, 1991 at 7 : 00 P.M. at the Jackson Town Hall. The meeting concluded at 10: 00 P.M. At01/4,0_, e. 2/X/ . th S. Cox i Clerk Carol Schultz Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA APRIL 9 , 1991 Mayor Laurent called the meeting to order at 7 : 07 P.M. with Councilmembers Zak, Wampach, Sweeney, Vierling and Clay present. Also present were Dennis R. Kraft, City Administrator; Judith S . Cox, City Clerk; and Mark McQuillan, Program Supervisor for Parks and Recreation. Present from Jackson Township were: Supervisors James Ramaker and Norbert Theis; Treasurer, Earl Weckman; and Clerk, Rose Menke. Present from Louisville Township were: Supervisors Bill Dellwo and Marion Schmidt; and Clerk, James Theis. The joint meeting took place in the Jackson Town Hall . The City Administrator explained the costs to the City of Shakopee for park maintenance, recreation department, and the operation of the swimming pool . He also identified the revenues to support them. He also identified the populations of each of the three government jurisdictions according to the 1990 census data. Using the populations to establish a ratio he explained the gross and net costs per capita for each of the three programs. Mr. Kraft then explained the gross and net costs by participants by program and by households by program. Mr. Kraft then identified four options the townships may wish to consider to share in the costs for programs enjoyed by some of their residents. Discussion followed among City Councilmembers. Cncl . Clay suggested that there be a brake so that the townships could talk among themselves about the material just presented. Vierling/Clay moved for a recess at 8 : 10 P.M. Motion carried unanimously. Mayor Laurent re-convened the meeting at 8 : 22 P.M. Mayor Laurent asked for comments from the townships. Marion Schmidt stated that she believes that the townships have nothing to do with the parks and if the park costs are not included in the user fees, that is Shakopee' s problem. She thought that the townships were only looking at the recreation user fees. Jim Ramaker said that he supported cost sharing for the recreation programs as discussed a few months ago in the amount of approximately $2 , 800 for Jackson. This is what he presented to his people. What has been presented here tonight is a lot more. He is against sharing in any costs other than what was presented last year. Norbert Theis said that the townships have other problems. He said that it is hard to sell the cost participation idea and that they have their own ball field and tennis court. Proceedings of the City Council April 9 , 1991 Page -2- Jim Ramaker stated that Shakopee has come back with a lot more costs than presented last year. He said that he was afraid that this would happen and that it is good to see this now. Mayor Laurent explained that City staff has provided all this information which City Council is seeing for the first time tonight. He said that they are all policy makers and that they must take this information and decide what they want to do with it. He explained that as a Council they must represent and protect their citizens from subsidizing programs for other jurisdictions. Shakopee is looking for some funding by the townships to offset costs for township participants or fees will need to be raised for non-resident participants. Discussion followed. Mr. Norbert Theis and Mr. James Ramaker agreed that Jackson Township is willing to contribute to the costs of the recreation activities according to the formula discussed last year. Representatives from Louisville would like to take the two alternatives (township pays or user fees) to their residents. Consensus was to use the following formula for computing cost to the townships based on the number of participants per activities: Recreation expenditures minus revenues times the ratio of participants per activities among: 1) Jackson Township, 2) Louisville Township, and 3) City of Shakopee and those outside all three jurisdictions. Bill Dellwo suggested considering increasing adult fees, but holding down fees for young children for the future. Sweeney/Zak moved to accept a contribution from the townships as calculated (expenses minus revenues times participants per activity per government jurisdiction) in lieu of non-resident fees. Motion carried unanimously. Sweeney/Zak moved to stop collecting a user fee retroactive to December 31, 1990. Motion carried unanimously. (Mention was made that there are non-resident participants outside of Shakopee and the townships. Either Shakopee pays for them or they can charge a user fee for them. ) Rose Menke stated that the user fees already collected by Shakopee can be credited against the user fees to be paid by the townships for 1991. The townships agreed that they could make their 1991 user fee payment to Shakopee by April 1, 1992 . It was acknowledged that payment to Shakopee by the townships would always be one year behind. Proceedings of the City Council April 9, 1991 Page -3- Mayor Laurent thanked everyone for their cooperation in working together on this matter. Norbert Theis and Bill Dellwo thanked the City Council for working with them. Mayor Laurent adjourned the meeting to Tuesday, April 16, 1991 at 6: 00 P.M. Meeting adjourned at 9 : 30 P.M. tAtIA4kc . ())l V u•ith S . Cox y Clerk Recording Secretary ?CL) MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Macey Manor Storm Drainage Bill DATE: April 8, 1991 INTRODUCTION: Attached is correspondence from Mr. Ted Jasper requesting permission to appear before the City Council to discuss the storm drainage bill for Macey Manor Condominiums. BACKGROUND: In 1985, the City of Shakopee established a Storm Water Drainage Utility by Ordinance No. 176 (Sect. 3 .42 of the City Code) . This utility establishes a means for funding storm sewer construction projects. Each and every parcel of land in the City of Shakopee receives a storm sewer bill, although there are some exceptions such as public rights-of-way, vacant land, cemeteries, etc. The fee is based on the use of the parcel, the acreage and the current storm water drainage rate. Each particular land use is assigned a Residential Equivalent Factor (R.E.F. ) , with the minimum R.E.F. being 1. 00 for single family residential. The 1991 Storm Water Utility fee is $10. 32/quarter/R.E.F. times the acreage of the parcel. The code states that all developed one and two family parcels shall have an acreage of one-third (1/3) acre and an R.E.F. of 1. 00. The minimum storm drainage bill is $13 .76 per year. In regards to the Macey Manor Condominium property, each unit is individually owned and there are 11 separate units, each with its own parcel I.D. number, in this building. The legal description of the properties indicate that each unit owns 1/11 of the land, along with their unit. Each unit receives its own storm drainage bill of $13 .76 per year, since each unit is individually owned and identified with individual parcel I.D. numbers. Mr. Jasper contends that the total storm drainage bill for the entire complex is higher since they are receiving 11 separate bills, than if the parcel was considered one property and received only one bill. Mr. Jasper is correct, as the following calculations show: 11 Separate Bills $10. 32 x 4 quarters x 1. 00 (REF) x . 333 Acres = $13 .76/Year $13 .76/Year x 11 units = $151.36 /451. 1 Multi-Family Building $10. 32 x 4 quarters x 4 . 00 (REF) x 0.43 Acres = $71. 00 Mr. Jasper in his attached correspondence is requesting that the billing be changed from 11 separate bills to 1 bill and that it go to the association. ALTERNATIVES: 1. Revise the billing accordingly. 2 . Do nothing, thereby leaving the billing as it is. RECOMMENDATION: Staff recommends Alternative No. 2, to do nothing thereby leaving the billing for Macey Manor Condominiums as it is now. Contrary to Mr. Jasper's letter, this is not a "billing error" . The billing for this building is prepared exactly as is required by the City Code. All utility bills are based on individual properties and parcel I.D. numbers. That is the only way to effectively administer and track the billing process. If the bills aren't paid, they are added to the property taxes and collected through the County. To attempt to bill an "association" rather than the actual properties would open up a whole myriad of problems in billing, tracking, collecting, etc. In addition, it would be in conflict with the City Code. If the City were to comply with Mr. Jasper's request to bill only one unit for the entire amount, it would undoubtedly draw the City into disputes, if not now, then in the future. Which unit receives the bill? What happens if property ownership changes in the future? Who does the City/County collect from if non-payment. Again, this alternative has the potential to create additional problems in administering this utility, Staff agrees that there may be inequities in the storm sewer utility concept, but that the billing system does work for the majority of parcels. There are many other examples where the system does not seem equitable. There are rural properties paying an annual bill that do not contribute any runoff directly to the City's storm sewer system. There are other residential properties that are less than 1/3 acre in size, which is actually the problem with the Macey Manor situation, that are also receiving the minimum bill of $13.76 per year. 1 ' Council should also be aware of the precedence that would be set by revising this bill . There are other condominium complexes and other residential properties less than 1/3 acre in size that would be affected by this decision. Staff also feels that it would require a City Code revision to change this bill . Staff recommends denial of this request. ACTION REQUESTED: Move to deny the request from Mr. Ted Jasper representing Macey Manor Condominium Association to change their storm sewer utility billing from 11 separate bills to 1 single bill . DH/pmp UTILITY March 27, 1991 Shakopee City Council Shakopee Mn. 55379 On behalf of Macey Manor Condo. Assn. I have tried for over a year to Get a billing error on the storm drainage fee corrected with out sucess. Macey Manor is a small condo apartment I built in 1970. All owners or tenants in the three apartments I own are senior citizens. As a condo apartment building all units are taxed indidually on their apartments and a 1/11 undivided intrest of all common property including all all exterior parts of the building and land. Each has its own property ident no. resulting 11 bills instead of one to the condo assn. as it should be billed. The lot is 125 ft. by 150 ft. The assistant engineers big problem seems to be that the condo assn doesn"t have a PI number to bill to. I suggested that a PI nRumber from one unit be used and the condo coulc pay the bill. I mentioned this to the former city attorney Jack Coller, hid coment was we-Es wrong with using a pencil. I asked Berry Stock for assistance, he didn,n-meet with any more sucess than I. He suggested I write to you. A smsll billing error should not require this method to get it corrected. The owners should be reimbursed for the over charges, at least for the two billing periods that I have been trying to ger this error corrected. Cordially Ted Jasper 612-758-6245 25625 Will w Lane New Prague, Minn. 56071 SEC. 3.42. STORM WATER DRAINAGE UTILITY. / 414/ Subd. 1. Storm Water Drainage Utility Established. The municipal storm sewer system shall be operated as a public utility pursuant to Minnesota Statutes, Section 444.075 from which revenues will be derived subject to the provisions of this Chapter an Minnesota Statutes. The storm sewer drainage utility will be part of the Engineering Department and under the administration City Engineer. of the S 3. 42 Subd. 2. Residential Equivalent Factor (REF) Defined. "Residential Equivalent Factor" (REF) - One (1) REF is defined as the ratio of the average volume of runoff generated by one (1) acre of a given land use to the average volume of runoff generated by one (1) acre of typical single family residential land, during a standard one (1) year rainfall event. Subd. 3. Storm Water Drainage Fees. Storm water drainage fees for parcels of land shall be determined by multiply- ing the REF for a parcel's land use by the parcel's acreage and then multiplying the resulting product by the storm water drainage rate. The REF values for various land uses are as follows: CLASSIFICATION LAND USES REF 1.A. Residential, low density (1 and 2 family) less than 35% impervious 1.00 1.B. Residential, medium density (3 to 6 family) 36% to 60% impervious 2. 00 1.C. Residential, high density (7 or more family) 61% to 100% impervious 4 .00 2.A. Commercial, Industrial and Institutional, low density less than 35% impervious 1.25 2.B. Commercial, Industrial and Institutional, medium density 36% to 60% impervious 2. 50 2.C. Commercial, Industrial, and Institutional, high density 61% to 100% impervious 5 . 00 3. Improved vacant and parks As Assigned For the purpose of calculating storm water drainage fees, all developed one family and duplex parcels and improved agricultural parcels shall be considered to have an acreage of one-third (1/3) acre and an REF of 1.00.. Y Subd. 4. Credits. The Council mayadopt p policies recommended by the City Engineer, by resolution, for adjustment of the storm water drainage fee for parcels based upon hydrologic data to be supplied by property owners, which data demonstrates a hydrologic response substantially different from the standards. Such adjustments of storm water drainage fees shall not be made retroactively. 3. 42 Subd. 5. Exemptions. The following land uses are exempt from storm water drainage fees. A. Public rights-of-way. B. Vacant, unimproved land with ground cover , including unimproved agricultural land with ground cover. Source : Ordinance No. 176 , 4th Series Effective Date: 8-3-85 C. Cemetery lands. Source : Ordinance No. 240 , 4th Series Effective Date: 2-26-88 Subd. 6. Payment of Fee. Policy governing the payment of fees shall be specified by resolution. Subd. 7. Recalculation of Fee. If a property owner or person responsible for paying the storm water drainage fee questions the correctness of an invoice for such charge, such person may have the determination of the charge recomputed by written request to the City Engineer made within twelve (12) months of mailing of the invoice in question by the City. The property owner may appeal the decision of the City Engineer to the Council by filing notice of said appeal with the City Administrator within sixty (60) days of the City Engineer ' s decision. Subd. 8. Penalty for Late Payment. Penalty for late payment shall be contained in the policy established for payment of fees. Subd. 9. Certification of Past Due Fees on Taxes. Any past due storm water drainage fees in excess of ninety (90) days past due on October 1 of any year may be certified to the County Auditor for collection with real estate taxes in the following year pursuant to Minnesota Statutes, Section 444.075, Subdivision 3. In addition, the City shall also have the right to bring a civil action or to take other legal remedies to collect unpaid fees. Source: Ordinance No. 176, 4th Series Effective Date : 8-8-85 (Sections 3.43 through 3.98, inclusive, reserved for future expansion. ) April 11, 1991 Dear Gary: We wish to update you and the City Council on our plans for the Armed Forces Support Event. The parade portion of the day to date consists of 38 units confirmed, with another 10-20 units yet being discussed. Our weekly meeting tonight will include a professional to help us coordinate and finalize our parade plans. Following the parade will be a military fly-over and taps will be played by Doug Hamilton. The picnic at Lions Park following the parade will include a program with guest speakers, along with a few patriotic selections sung by Doug LeDell author of "For You" . Some of our guests will be coming from surrounding areas. For their convenience, and in the spirit of celebration of this day, we are hoping to make food and beverages available for sale in the park also. The Shakopee American Legion has offered to decorate and donate the use of their hall for a dance in the evening to honor all military of the past, present and future. We thank you all once again for your part in helping to take the success of this day from being from being a mere possibility to becoming a memorable reality. God bless all our military. Sincerely, The Shakopee B.A.C.M. Members (Back Our Courageous Military) CONSENT Memo To: Dennis R. Kraft, City Administrator From: Marilyn Remer, Personnel Coordinator Re: Probation Termination Date: March 20, 1991 Introduction Karen Marty, City Attorney has successfully completed the required six- month probationary period. Background Karen was hired as City Attorney on 8/28/90. All appointments are subject to a probationary period of six months. Dennis Kraft, City Administrator, has completed the six-month evaluation and recommends that the probationary status be terminated effective February 28, 1991. Action Requested Move to terminate the probationary status of Karen Marty effective February 28, 1991. X26 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Athletic Facility Task Force DATE: April 10, 1991 INTRODUCTION: The Shakopee School District Athletic Facility Task Force has completed their work on the school land space needs. They have appeared before the Shakopee Community Development Commission, Park and Recreation Advisory Board and Planning Commission within the past month. Each of the aforementioned City committees are recommending to City Council that a committee be established to analyze the potential for acquiring the entire parcel occupied by the moratorium area. BACKGROUND: The Shakopee School District was successful in obtaining a development moratorium on approximately 160 acres located immediately south of the senior high school. The moratorium was requested in an attempt to provide the School District with more time to complete an analysis of their land needs in conjunction with their strategic planning process. To assist them in this endeavor, the School District established a Athletic Facility Task Force to evaluate the amount of land needed by the School District. The Task Force has completed their report and has submitted their findings to the School District. During the planning process, the Task Force saw the obvious need to look long range. When the long range school needs were analyzed, the Task Force had difficulty separating the school 's long range needs from the community's long range land needs. Attached is a conceptual design of the Task Force's efforts. It appears that the subcommittee has concluded that the School District will need approximately 32 acres for future expansion purposes. Whether or not additional property should be acquired for other municipal purposes remains to be seen. Representatives from the Athletic Facility Task Force will be present at the April 15th Council meeting to request that the City of Shakopee consider acquiring all or a portion of the 160 acre parcel for School District and community needs. If this is indeed the direction that the Athletic Facility Task Force would like the City to pursue, there are several obvious issues that need to be addressed including the following: 1) Funding Source, 2) Need, 3) Support and 4) Private residential development impact. , zh If the City Council believes that the City should evaluate the potential acquisition of the entire 160 acre parcel, staff would like to recommend that a motion be made directing the Mayor to appoint a committee to analyze the municipal development potential of the property located within the 160 acre moratorium area located south of the Sr. High School. The aforementioned City committees are recommending this course of action. They have also indicated a desire to have a member from their respective committees as well as a school representative and Athletic Facility Task Force member appointed to the new committee. ALTERNATIVES: 1. Move to direct the Mayor to appoint a Committee to analyze the municipal development potential of the property located within the 160 acre moratorium area south of the Sr. High School with representation from the CDC, Park Advisory Board, Planning Commission, City Council, School District and Athletic Facility Task Force and report findings back to City Council within the next 90 days. 2. Move to recommend that the City staff be authorized to analyze the municipal development potential for acquiring the entire parcel occupied by the moratorium area and report back to Council within the next 30 days. 3 . Do not support further analysis of the municipal development potential of the property located within the moratorium area. 4 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REOUESTED: Move to direct the Mayor to appoint a Committee to analyze the municipal development potential of the property located within the 160 acre moratorium area south of the Sr. High School with representation from the CDC, Park Advisory Board, Planning Commission, City Council, School District and Athletic Facility Task Force and report findings back to City Council within the next 90 days. V.y 1 1 I:.. 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I \\ u z ' • 4\77: \ = ii \ r \\\_�� /—____ Zero \A J/ . (IITI co m / \\I • ?lid• .-m / • _ G / \ it\ \ - . Da \ . ... -11-- I la \ co):3 i a -, 6i \ \ co • \ \ Er 3 \ � I II _ 11M11111111111 4:i 1 —�- 1 i _ _ i=) ( I is ----. Co./LP. 79 (5?E�(Ce..4 6T) I I -- - - _ _ • / L .\ , \ \ o I m \ L.—.—1 1---._ . 1 C:, 0 . . _ _, \-v i0 m cocra. >ma. F_______----1 r--- . spA mo__ -. „.2 mVI m -1 . m 'om • 3 U e .. \ \ Qa I A . __ \,\ .,,.. ' . --, ,-- 4.-,t„ \ \ • 1 1 \ is NO. 1 L \cik 1 Nio , _,............7___ - f _____, , , , _bp r2 ___t - f r: /) . .__... . ___ : : 1 -_,...„ 1 „ I 1 um.. 3 , 0 * 1 m.. -■■ 1 171 1I1 Ln y m ' m 7 moo° I .-(r, L °0gs 1 m m � to o S m � • I —,--i m J 7 I -I 7 --4-------- --N • 4 ..---' El _._ la z-. �. _ ..... I— ± I - ill . i frl p c s13 1: il d , . , 1___ F- 1 1 )1g I • - --- . F e / 2 c. MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Purchase Agreement for Marquette Bank DATE: April 11, 1991 INTRODUCTION: This memo addresses the execution of the agreement for the purchase of the Marquette Bank by the City of Shakopee. BACKGROUND: Earlier this year the City Council authorized the negotiation for the purchase of the Marquette Bank for a new city hall. Subsequent to this action by the City Council a purchase agreement was prepared and negotiations took place. A revised draft of the purchase agreement is currently being prepared and will be presented to the City Council for action at the meeting of April 16th. The purchase price for the building is $885, 000 as authorized earlier by the City Council. After the purchase agreement is executed the City Council will make an earnest money deposit of $25, 000 and the remaining $860, 000 will be submitted to the bank at the time of closing. Once the City becomes the owner of the property there is a provision in the agreement for the City to lease back the property to the Marquette Bank. The lease agreement provides for a monthly lease of $5, 500. As a part of this lease agreement the tenant (Marquette Bank) will be responsible for payment of all real estate taxes as well as all utilities, property and casualty insurance, other normal operating expenses for the structure and will be required to provide all routine maintenance including the up keep and repair of the building, parking areas, driveways and landscaping. The space currently leased by the Capesius Agency on the second floor of the bank will continue to be leased to that agency. At the present time this is a month to month lease and a new lease will have to be drafted. The Capesius Agency has an interest in continuing to remain a tenant in the building. The lease is scheduled to terminate in 12 months. If there are delays in the construction of the new bank facility or other causes beyond the tenant's control this lease will then be extended. The possibility of leasing a small amount of office space from the bank for housing the City's expanded prosecution operation has been discussed with Mr. Bill Laing, the President of the Marquette Bank Shakopee and we are in substantial agreement in terms of how this will occur and the attendant costs. The latter mentioned City lease, of course, would be dependent upon the City Council authorizing the City of Shakopee to enter into separate agreements with other Scott County entities for a joint prosecution operation. i L Ci The subject of potential purchase of personal property has been discussed with bank representatives and if the City decides to purchase personal property from the bank this will be the subject of a separate agreement. At the present time I have a list of all of the personal property that is in the building. In the near future the City will be obtaining a survey of the property and will be obtaining title insurance on the transaction. ALTERNATIVES: 1 . Authorize the appropriate City officials to enter into the purchase agreement for the property located at 129 South Holmes Street in Shakopee for $885, 000 . 2 . Do not authorize the execution of the agreement at this time and provide additional direction of the staff relative to changes required in the purchase agreement. RECOMMENDATION: It is recommended that the City Council authorize the execution of the purchase agreement at this time. ACTION REQUESTED: Move to authorize the appropriate City officials to enter into a purchase agreement with the Marquette Bank of Shakopee for the purchase of real property located at 129 South Holmes Street in Shakopee in the amount of $885, 000 subject to the provisions contained in the purchase agreement. 4/11/91 PURCHASE AGREEMENT RELATING TO PROPERTY AT 129 SOUTH HOLMES Dated: , 1991 1. Parties . The parties to this Purchase Agreement (hereinafter referred to as the "Agreement") are as follows: a. Marquette Bank Shakopee, N.A. , Attention: Bill Laing, President, 129 South Holmes, Shakopee, MN 55379 (the "Seller") ; and b. City of Shakopee, Attention: Dennis Kraft, City Administrator, 129 First Avenue East, Shakopee, MN 55379 (the "Buyer") . Seller and Buyer are referred to collectively herein as the "parties" . 2 . Property. The real property that is the subject of this Agreement is located at 129 South Holmes, in the City of Shakopee, Scott County, Minnesota and is legally described on Exhibit A attached hereto. The primary improvements located on the real property described on Exhibit A are a bank building and parking area. The real property described on Exhibit A and all improvements located thereon (the "Improvements") shall be referred to herein as the "Property" . This Agreement does not include the conveyance of any personal property, including without limitation, all of the furniture, furnishings, equipment, trade fixtures, modular offices, removable partitions, teller counters and the main vault door ( "Excluded Personal Property") . Any personal property which may be sold by Seller to Buyer shall be conveyed pursuant to a separate written agreement, in the form of Exhibit B attached hereto, describing such property and stating a separate consideration therefor as may be mutually agreed by the parties. 3 . Purchase and Sale. Seller hereby agrees to sell to Buyer and Buyer hereby agrees to purchase from Seller the Property pursuant to the terms and conditions set forth in this Agreement. 4 . Purchase Price. The purchase price for the Property is $885, 000. 00 (the "Purchase Price") . 611578 lz � 5. Earnest Money. Seller's execution of this Agreement acknowledges Buyer' s deposit of earnest money in the amount of $25, 000. 00 (the "Earnest Money") with Seller. Seller shall deposit the Earnest Money in an interest-bearing account as directed by Buyer, and any interest earned thereon shall be the property of Buyer. If Buyer defaults in the performance of Buyer's obligations under the Agreement, Seller may terminate this Purchase Agreement pursuant to the provisions of Section 22 (a) below and retain the Earnest Money and any accrued interest thereon, as liquidated damages. If Seller defaults in the performance of Seller 's obligations under this Agreement, Buyer may terminate this Agreement pursuant to the provisions of Section 22 (b) below and the Earnest Money and any accrued interest thereon shall be returned to Buyer. If, prior to closing, this Agreement is terminated pursuant to the provisions of Sections 17 , 18 , 19 or 20 below, the Earnest Money and any accrued interest shall be returned to Buyer pursuant to the provisions of those Sections. 6. Terms . Upon Seller's full performance of Seller ' s obligations under this Agreement, Buyer shall pay the Purchase Price to Seller as follows: a. $25 , 000. 00 Earnest Money pursuant to the provisions of Section 5 above, and b. $860 , 000. 00 in cash, certified funds or wire transferred funds. 7 . Title. Upon Buyer's full performance of Buyer ' s obligations under this Agreement, Seller shall execute and deliver to Buyer a Warranty Deed conveying marketable title to the Property subject only to: a. Building, zoning and subdivision laws, ordinances and regulations; b. Reservations of minerals, or mineral rights by the State of Minnesota, if any; c. The lien of real estate taxes and special assessments not yet due and payable; d. The rights of Capesius Insurance Agency as tenant occupying approximately 2 , 000 square feet of space on the second floor of the building pursuant to Lease Agreement dated January 1, 1985, as amended; (hereinafter, collectively, the "Permitted Encumbrances") . 8 . Possession. Upon Buyer's full performance of Buyer' s obligations under this Agreement, Seller shall deliver possession 611578 2 of the Property to Buyer, subject however to the lease back to Seller described in Section 23 below. Prior to surrendering physical possession of the Property to Buyer at the end of the lease term, Seller may remove all Excluded Personal Property from the Property except for any personal property which Seller may be conveying to Buyer pursuant to separate agreement. Seller shall have no obligation to remove any personal property or fixtures from the Property and any personal property or fixtures left on the Property after Seller' s surrender of possession of the Property to Buyer, shall be deemed abandoned and shall become the property of Buyer. 9 . Closing. Subject to the contingencies set forth in this Agreement, Buyer and Seller shall meet at the Property, or at another place to be mutually designated by the parties, on or before July 1, 1991, (the "Date of Closing") , at which time: a. Seller shall: (i) execute and deliver to the closing agent, with copies to Buyer, and make arrangements to have the closing agent record or file in the appropriate county land records any documents necessary to establish the marketability of Seller' s record title to the Property, subject only to Permitted Encumbrances; (ii) convey title to the Property to Buyer pursuant to Section 7 above; (iii) execute a lease back to Seller of a portion of the building as provided below; (iv) execute and deliver an assignment to Buyer of any leases, service contracts or similar agreements affecting the Property together with an estoppel certificate by the tenant under any such leases; (v) execute and deliver to Buyer and Buyer ' s title insurer, if any, an appropriate Minnesota Uniform Conveyancing Form Affidavit evidencing the absence of bankruptcies, judgments or tax liens involving parties with the same or similar names as the Seller and evidencing the absence of mechanic ' s liens, unrecorded interests, encroachments or boundary line questions affecting the Property; (vi) deliver to Buyer an appropriate corporate resolution authorizing Seller's conveyance of the Property to Buyer and Seller's execution of any other documents required hereunder; 611578 3 (vii) execute and deliver to Buyer a non-foreign affidavit containing such information as is required under IRC Section 1445 (b) (2) and any regulations relating thereto; (viii) execute and deliver to the closing agent, Buyer or other appropriate party appropriate Federal Income Tax Reporting Forms; (ix) deliver to Buyer the Owner' s Duplicate Certificate of Title for any part of the Property that is registered property; and (x) pay or provide evidence of payment of the following: the cost of providing the Evidence of Title as defined in Section 10 below; the State Deed Tax due upon the execution of the conveyance described in Section 7 above; the cost of recording any documents necessary to place Seller' s record title in the condition provided for in this Agreement; Seller's share of any unpaid real estate taxes and assessments pursuant to the provisions of Section 12 below; and one-half of any reasonable and customary closing fees imposed by any closing agent engaged to conduct closing of this transaction. b. Buyer shall: (i) tender the Purchase Price to Seller pursuant to the provisions of Section 6 above; (ii) execute a lease back to Seller of a portion of the building as provided below, (iii) execute and deliver to Seller an assumption of any leases, service contracts or similar agreements affecting the Property; and (iv) pay or provide evidence of payment of the following: all costs associated with Buyer' s financing, if any; the costs of recording the deed from Seller to Buyer; and one-half of any reasonable and customary fees imposed by any closing agent engaged to close this transaction. 10. Evidence of Title. Within a reasonable time following the date of this Agreement, Seller shall, at Seller' s sole cost and expense, deliver the following to Buyer: a. An Abstract of Title for those portions of the Property that are not registered property. The Abstract of Title shall be certified to the date of this Agreement, or later, and shall include proper searches covering judgments, 611578 4 Iyc� federal and state tax liens and bankruptcies, unpaid real estate taxes and levied special assessments. b. A Registered Property Abstract for all portions of the Property which are registered property. The Registered Property Abstract shall be certified to the date of this Agreement, or later, and shall include proper searches covering judgments, federal and state tax liens, unpaid real estate taxes and levied special assessments. (collectively, the "Evidence of Title") . Seller shall have no obligation to furnish or to pay the cost of any survey of the Property. Buyer may obtain any surveys of the Property which it desires at Buyer 's sole cost and expense. Seller shall have no obligation to furnish or to pay the cost of any commitment for title insurance or policy of title insurance. Buyer may obtain any title insurance commitment or policy with respect to the Property which it desires at Buyer ' s sole cost and expense. 11. Examination of Title. Within thirty (30) days following Buyer ' s receipt of the Evidence of Title, Buyer may provide Seller with written objections to the sufficiency of the Evidence of Title or to the marketability of title to the Property ("Objections") or, at Buyer ' s expense, Buyer may make application for a title insurance policy and to notify Seller of such application, and in case of the latter, within ten (10) business days after receipt of the Commitment for Title Insurance Buyer shall provide to Seller a copy of the Title Commitment and make any written Objections. The Permitted Encumbrances may not serve as a basis for an Objection. Any defects in the marketability of title to the Property which Buyer does not object to, in writing, within the applicable time period set forth above, shall be deemed Permitted Encumbrances. If Buyer provides Seller with written notice of Objections within the applicable time period set forth above, Seller shall use its best efforts to cure such Objections as quickly as possible. Buyer specifically agrees that notwithstanding the continued existence of a defect in the marketability of title, Seller will be deemed to have satisfied Buyer' s Objection(s) if Buyer ' s title insurer removes such defects in title from the list of requirements and/or exceptions set forth in the Title Commitment and Policy or agrees to endorse the Title Commitment and Policy to insure Buyer against loss or damages resulting from such defects in title. Seller shall have one hundred eighty (180) days from the receipt of Buyer ' s written Objections to satisfy Buyer's Objections, and if necessary, the Date of Closing shall be extended accordingly. If Seller does not cure Buyer' s Objections within the 180 days provided for above, then upon the request of either party, the parties through their designated representatives shall meet and negotiate in good faith as to whether or not the purchase price 611578 5 will be adjusted on account of such uncured Objection and the amount of any adjustment. If within ten (10) business days following such request the parties have not mutually agreed upon an adjustment, then the Buyer may, upon written notice to Seller elect either to: a. Terminate this Purchase Agreement by delivering a quit claim deed to Seller. Upon Buyer's delivery of the quit claim deed to Seller, Seller shall return the Earnest Money to Buyer; or b. Waive its Objections and proceed to close this transaction pursuant to this Agreement without reduction in the Purchase Price. Buyer' s waiver of Buyer's Objections shall entitle Seller to exclude the matters giving rise to Buyer ' s Objections from Sellers warranties of title. 12 . Real Estate Taxes and Special Assessments. Real estate taxes and special assessments (which term, as used in this Agreement, shall include services charges assessed against real property on an annual basis pursuant to Minnesota Statutes 429 . 101) shall be paid as follows: a. On or before the Date of Closing, Seller shall pay the real estate taxes, installments of special assessments and penalties and interest thereon, if any, due and payable with respect to the Property in the year immediately preceding the year of closing and all previous years; b. Seller shall pay all levied special assessments which exist on the date of this Agreement; and c. Buyer and Seller shall pro rate the real estate taxes due and payable in the year of closing as of the Date of Closing. 13 . Proration of Expenses and Rents. Buyer and Seller shall pro rate, as of the Date of Closing, all unpaid expenses relating to the Property including, but not limited to, operating expenses, maintenance expenses, service contracts, and utility charges; subject, however, to the provisions of the lease back to Seller as provided in Section 23 below. Rents due or received from tenants of the Property shall be prorated as of the Date of Closing. 14 . Seller' s Representations. Seller hereby represents to Buyer as follows: a. Seller is the fee owner of the Property. 611578 6 162' b. Subject to the contingency set forth in Section 18 (b) below, Seller has the authority to enter into this Purchase Agreement and to sell the Property. c. The Property has access to a public right-of-way. d. Seller has received no notice that the Property has been cited as being in violation of any local ordinances. e. There has been no labor or material furnished to the Property at the request of Seller for which payment has not been made. f. From the date hereof through the Date of Closing, Seller shall not create, suffer or assume any new or additional encumbrances on title without Buyer' s consent. g. There are no wells (as that term is described in Minnesota Statutes, Section 103I. 005, subd. 21) located on the Property. h. There are no underground or above ground storage tanks of any size or type located on the Property. i. Seller is not a foreign person, foreign partnership, foreign trust or foreign estate as those terms are defined in Section 1445 of the International Revenue Code. j . Seller has not entered into any other contracts for the sale of the Property nor are there any rights of first refusal or options to purchase the Property or any other rights of others that might prevent the consummation of this Agreement. k. Seller is not in default concerning any of Seller' s obligations or liabilities regarding the Property. 1. There is no action, litigation, investigation, or proceeding of any kind pending or threatened against Seller or any portion of the Property. m. To the best of Seller's actual knowledge there are no Hazardous Substances located on the Property; the Property is not subject to any liens or claims by government or regulatory agencies or third parties arising from the release or threatened release of Hazardous Substances in, on or about Property; and Property has not been used in connection with the generation, disposal, storage, treatment or transportation of Hazardous Substances, except as follows: Buyer acknowledges that the Property may contain asbestos or asbestos containing materials, and Buyer agrees to accept the 611578 7 f474. G Property in such condition and to not interpose such condition as a basis for terminating this Agreement under Section 17 below. For purposes of this Agreement, the term "Hazardous Substance" includes but is not limited to substances defined as "hazardous substances, " "toxic substances" or "hazardous wastes" in the Comprehensive Environmental Response Compensation Liability Act of 1980, as amended, 42 U. S. C. §6901, et seq. , and substances defined as "hazardous wastes, " "hazardous substances, " "pollutants, or contaminants" as defined in the Minnesota Environmental Response and Liability Act, Minnesota Statutes, §115B. 02 . The term "Hazardous Substance" shall also include asbestos, polychlorinated biphenyls, petroleum, including crude oil or any fraction thereof, petroleum products, heating oil, natural gas, natural gas liquids, liquified natural gas, or synthetic gas useable for fuel (or mixtures of natural gas and synthetic gas) . n. No activity has been undertaken on the Property that would cause or contribute to the discharge of pollutants or of fluids into any water source or system, the dredging or filling of any waters or the discharge into the air of any emissions that would require a permit under the Federal Water Pollution Control Act, 33 U. S.C. S1251 et seq. or the Clean Air Act, 42 U. S.C. §7401 et seq. or any similar state law or local ordinance. These representations are true as of the date hereof and will be true as of the Date of Closing. Each of the representations herein contained shall survive the closing. 15. Buyer' s Representations. Buyer hereby represents to Seller as follows : a. Buyer has the full and complete authority to enter into this Agreement and the person executing this Agreement on behalf of the Buyer has the full and complete authority to do so, as evidence by a resolution of the City Council of Buyer delivered to Seller herewith; and b. Subject to Buyer 's contingencies set forth in Section 17 below, Buyer acknowledges that prior to closing it shall have had the opportunity to inspect the Property and all Improvements, and Buyer agrees to purchase the Property in its present condition, subject to reasonable use and normal wear and tear prior to Date of Closing, "as is" and with any and all faults, defects and deficiencies, and Buyer further acknowledges that Seller shall have no liability following closing for any defect or deficiency in the physical condition of the Property, whether known or unknown to Seller, its officers, agents and employees. 611578 8 P. v c. Buyer has the power of eminent domain under Minnesota law and acknowledges that this sale by Seller is being made under the threat of exercise by Buyer of such power of eminent domain; Seller waives any right to claim relocation benefits or similar payments from Buyer. Each of the representations herein contained shall survive the closing. 16. Indemnifications. a. Seller shall indemnify and defend Buyer against and hold Buyer harmless from any and all claims, causes of action, administrative orders, costs, expenses and liabilities of every kind and nature and howsoever originating and existing, arising out of any and all of the Seller ' s operation or ownership of the Property prior to the Date of Closing including, but not limited to, claims for environmental contamination of the Property and including attorneys fees and costs incurred by Seller or Buyer in defending against claims to establish or enforce such liabilities. b. Buyer shall indemnify and defend Seller and hold Seller harmless from any and all claims, causes of action, administrative orders, costs, expenses and liabilities of every kind and nature howsoever originating and existing, arising out of any and all the Buyer' s operation or ownership of the Property subsequent to the Date of Closing, including, but not limited to claims for environmental contamination of the Property and including attorneys fees and costs incurred by the Seller or Buyer in defending claims to establish or enforce such liabilities. 17 . Buyer' s Contingencies. Buyer's obligations under this Agreement shall be contingent on the following: a. Buyer shall have sixty (60) days after the date of this Purchase Agreement at Buyer's own expense to inspect the Property in order to determine, to the reasonable satisfaction of Buyer, that the Improvements are structurally sound and in good condition and repair. b. Within ten (10) business days after the execution of this Agreement, Seller shall provide to Buyer such of the following, if any, as are currently in Seller' s possession or readily available to Seller at no cost: (i) Construction drawings and specifications for the Improvements located on the Property. (ii) Manuals and other documents relating to the operation and maintenance of fixtures and equipment 611578 9 / yC� located on the Property, including but not limited to, heating, cooling, plumbing and electrical systems. (iii) Maintenance and repair records relating to the Improvements located on the Property. During said 60 day period, Buyer and its agents shall have the right, upon reasonable notice to Seller, to go upon the Property to inspect the Property and to determine the condition of the Property and the Improvements located thereon, Buyer also agrees to repair and restore any damage to the Property caused by such inspections and to return the Property to substantially the same condition as existed prior to Buyer' s inspection. If, as a result of such information and inspections Buyer determines, in Buyer 's reasonable discretion, that the condition of the Property is unacceptable to Buyer, Buyer may during such 60 day period, deliver written notice of such fact to Seller; within thirty (30) days after receipt of such notice, Seller may, but shall not be required to, agree to remedy such defects prior to Date of Closing. Otherwise this Purchase Agreement shall automatically terminate. Upon such termination, and Buyer ' s delivery of a quit claim deed to Seller, the Earnest Money and accrued interest shall be refunded to Buyer, and neither party shall have further obligations hereunder. 18 . Seller Contingencies. Seller ' s obligations under this Agreement shall be contingent upon the following: a. Seller shall have sixty (60) days after the date of this Agreement to obtain title to a parcel of real estate upon which it intends to erect and construct a new banking facility ("New Location") . Said 60 day period may be extended for an additional 30 days by written notice thereof to Buyer, if for reasons beyond the control of Seller the acquisition of such New Location is delayed beyond such 60 day period. b. Seller shall have sixty (60) days after the date of this Agreement to obtain all necessary state and federal governmental approvals for the relocation of its banking business to the New Location. c. Seller shall have sixty (60) days after the date of this Agreement to obtain all necessary governmental approvals of its site plan and building plans for the construction of its new banking facility on the New Location. If any of the above contingencies (a) , (b) or (c) are not satisfied by Seller prior to expiration of the applicable time period, Seller may terminate this Agreement by written notice to 611578 10 Buyer. Upon such termination, and Buyer's delivery of a quit claim deed to Seller, the Earnest Money and accrued interest shall be refunded to Buyer, and neither party shall have further obligations hereunder. 19 . Casualty Loss. If the Improvements on the Property are substantially damaged prior to closing, Seller shall immediately notify Buyer in writing of such damage, and, unless Seller agrees to repair and restore such damage prior to the Date of Closing, upon the receipt of such notice Buyer may, at Buyer ' s option, terminate this Agreement. To exercise such termination right, Buyer must notify Seller of Buyer' s election to terminate this Agreement and deliver a quit claim deed to Seller, all within 20 days after Buyer ' s receipt of Seller's notification of the damage and election not to repair or restore such damage. In the event this Purchase Agreement is terminated as set forth above, the Earnest Money and accrued interest shall be refunded to Buyer and neither party shall have further obligations hereunder. If Buyer does not terminate this Agreement, the parties shall proceed to closing pursuant to this Agreement, and Seller shall assign to Buyer, Seller ' s rights to any and all insurance proceeds on account of such casualty loss. If, prior to the Date of Closing, the Improvements on the Property are damaged but not substantially damaged, Seller shall cause repairs to be made and the parties shall proceed to close pursuant to the provisions of this Agreement with the Date of Closing reasonably delayed, if necessary. For purposes of this Section 19 the term "substantially damaged" shall mean damage in excess of 20% of the Purchase Price as determined by a mutually acceptable appraiser whose fees shall be shared equally by the parties. 20 . Condemnation. If, prior to the Date of Closing, eminent domain proceedings are commenced against all or any part of the Property by any authority (other than Buyer) having the power of eminent domain, Seller shall immediately give notice to Buyer of such fact and, at Buyer' s sole option (to be exercised within 20 days of Buyer ' s receipt of Seller ' s notice) , this Agreement shall terminate, in which event Buyer shall deliver a quit claim deed to Seller, the Earnest Money shall be returned to Buyer, and neither party shall have further obligations hereunder. If Buyer shall fail to give such notice then the parties shall perform their obligations under this Agreement, with no reduction in the Purchase Price, and Seller shall assign to Buyer, on the Date of Closing, all of Seller' s right title and interest into any award made or to be made in the condemnation proceedings, less Seller' s reasonable expenses, including attorneys ' fees, paid or incurred in connection therewith. Seller shall not designate counsel, appear or otherwise act with respect to any such condemnation proceedings without Buyer ' s prior written consent unless Buyer fails to respond within 7 days to a request for such written consent. 611578 11 21. Broker. The parties represent each to the other that they have not employed a real estate broker or agent in connection with this transaction and they agree to indemnify and hold each other harmless from and against any and all claims for a real estate commission or fee in connection with this transaction. 22 . Default. If either party defaults in the performance of its obligations hereunder, the rights of the parties are as follows: a. If Buyer defaults in the performance of Buyer' s obligations under this Agreement, Seller shall have the right to terminate this Agreement pursuant to Minnesota Statutes, Section 559 . 21 and retain the Earnest Money as liquidated damages. In the alternative, Seller may seek specific performance of this Agreement by Buyer provided that such action is commenced within six (6) months after the date of Buyer ' s default. In any such action for specific performance Seller shall be entitled to recover Seller' s attorneys fees and costs occasioned as a result of Buyer ' s default. b. If Seller defaults in the performance of Seller ' s obligations under this Agreement, Buyer may terminate this Agreement by written notice to Seller. Upon receipt of such notice and an executed quit claim deed, Seller shall return the Earnest Money. Upon such a termination, the parties hereto shall be released from any and all further liability or obligation hereunder. In the alternative, Buyer may seek specific performance of this Agreement by Seller, provided that such action is commenced within six (6) months after the date of Seller' s default. In any such action for specific performance Buyer shall be entitled to recover Buyer' s attorneys fees and costs occasioned as a result of Seller ' s default. 23 . Lease Back to Seller. At closing, Buyer and Seller shall enter into a lease agreement whereby: (i) Seller shall have the right to remain in possession of the Property (except only that portion occupied by the tenant indicated in Section 7 (e) above) for a term of approximately 12 months while Seller' s new banking facility is under construction on the New Location (subject to extension for any delays due to force majeure or other causes beyond Seller' s control) , (ii) requiring payments of net rent by Seller to Buyer of $5 , 500. 00 per month, (iii) requiring Seller to pay taxes, property insurance, utilities, routine maintenance and similar operating expenses which accrue during such term, and (iv) permitting Seller to terminate such lease upon 30 days notice to Buyer; such lease shall be in the form of Exhibit C annexed hereto. 24 . Time. Time is of the essence for all provisions of this Agreement. 611578 12 25. Survival of Terms. The terms of this Agreement shall survive Seller' s delivery of a deed to Buyer and the closing of this transaction. 26 . Assignment. Neither party shall have the right to assign its rights, duties and obligations hereunder to a third party at any time, without the other Party' s consent. 27 . Notices. Any notices required or contemplated hereunder shall be effective upon the placing thereof in the United States mails, registered or certified mail, return receipt requested, postage prepaid and addressed to the other party at the addresses stated in Section 1 above. Copies of such notices shall be sent to the parties respective attorneys at the addresses set forth below: Attorney for Buyer: Karen Marty, Esq. City Hall 129 East First Avenue Shakopee, MN 55379 Attorney for Seller: David J. Spencer, Esq. Briggs and Morgan, P.A. 2400 IDS Center Minneapolis, MN 55402 28 . Full Agreement. The parties acknowledge that this Agreement represents the full and complete agreement of the parties relating to the subject matter of this Agreement and the Property. This Agreement supersedes and replaces any and all prior offers, agreements, statements and representations by either party and any of their agents, officers or employees, either oral or written. Any amendments or modifications to this Agreement must be in writing and executed by both parties. 611578 13 /;)- G 29 . Governing Law. This Agreement has been made under the laws of the State of Minnesota and such laws shall control its interpretation. SELLER: MARQUETTE BANK SHAKOPEE, N.A. By Its BUYER: CITY OF SHAKOPEE By Its Mayor By Its City Administrator By Its City Clerk 611578 14 2, C. EXHIBIT A Legal Description of the Property Lots 1, 2 and 3 and the west one-half of the south 102 feet of Lot 4 , all in Block 23 in the City of Shakopee, according to the recorded plat thereof. 611578 /, C EXHIBIT B AGREEMENT TO PURCHASE PERSONAL PROPERTY Dated: , 1991 Seller: Marquette Bank Shakopee, N.A. Buyer: City of Shakopee Seller agrees to sell and convey by warranty bill of sale to Buyer, and Buyer agrees to purchase those certain items of personal property located in the premises at 129 South Holmes, Shakopee, Minnesota, more particularly listed and described on Schedule I attached ("Personal Property") . The purchase price for the Personal Property is $ , to be paid in cash at closing. The closing of this sale shall occur on a date mutually acceptable to the parties, but not later than the date on which Seller vacates the premises at 129 South Holmes pursuant to the expiration or termination of its lease thereof from Buyer. Seller represents and warrants to Buyer that it is the owner of the Personal Property and has the authority to convey the same to Buyer as herein provided, and pending closing Seller agrees to maintain such Personal Property in its present condition and repair, subject to normal wear and tear. MARQUETTE BANK SHAKOPEE, N.A. By Its 611578 / 2° C° CITY OF SHAKOPEE By Its Mayor By Its City Administrator By Its City Clerk 611578 IyG SCHEDULE I PERSONAL PROPERTY DESCRIPTION 611578 EXHIBIT C LEASE AGREEMENT Dated: , 1991 Lessor: City of Shakopee, Attention Dennis Kraft, City Administrator, 129 First Avenue East, Shakopee, MN 55379 Tenant: Marquette Bank Shakopee, N.A. , Attention Bill Laing, President, 129 South Holmes, Shakopee, MN 55379 Premises: Land and Buildings located at 129 South Holmes, Shakopee, Minnesota, except that portion leased to and occupied by Capesius Insurance Agency. Rent: $5, 500. 00 per month Term: 12 months, commencing on the date hereof, subject to extension or earlier termination by Tenant as provided below. In consideration of the rents to be paid by Tenant, Lessor hereby leases to Tenant the above-described Premises for the above- described Term subject to the following conditions and mutual agreements: 1. Monthly Rent. Tenant shall pay to Lessor the monthly rent above set forth in advance on the first day of each and every month included within the Term. Rent for any partial calendar month at the beginning or at the end of the Term shall be prorated on a daily basis. 2 . Operating Expenses. Tenant shall pay all the following expenses which become due or payable during the Term arising in connection with Tenant's occupancy of the Premises: a. Real estate taxes payable during the Term prorated on a calendar year basis; 611578 b. Property and casualty insurance covering the Building and improvements located on the Premises; c. Electricity, gas, water, sewer and other utilities consumed on the Premises during the Term; d. Routine maintenance, upkeep and repair of the Building, parking areas, driveways and landscape of the Premises, subject to normal wear and tear, but excluding any repairs or replacements of a capital nature; and e. Such other normal operating expenses as are necessary to keep the Premises in a tenantable condition suitable for Tenant's present use and occupancy. 3 . Use. During the Term Tenant shall use the Premises for the conduct of banking and related purposes as presently conducted, in compliance with all applicable governmental laws, ordinances and regulations; Tenant shall commit no waste upon the Premises and shall not permit any nuisances to exist upon the Premises. 4 . Alterations. Tenant shall make no alteration of or additions to the Premises without the prior written approval of Lessor. 5 . Assignment. Tenant shall not assign this lease or its rights hereunder or sublet the Premises or any part thereof without the prior written approval of Lessor. 6. Damage. In case of damage to the Premises or to the Building by fire or other casualty, Tenant shall give immediate notice to Lessor, who shall thereupon cause the damage to be repaired with reasonable speed at the expense of the Lessor subject to delays which may arise by reason of adjustment of loss under insurance policies and for delays beyond the reasonable control of Lessor, and to the extent that the Premises are rendered untenantable, the rent shall proportionately abate. In the event the damage shall be so extensive that the Lessor shall decide not to repair or rebuild, this Lease Agreement and Term shall, at the option of Lessor, be terminated as of the date of such damage by written notice from the Lessor to the Tenant, and the rent shall be adjusted to the date of such damage and Tenant shall thereupon promptly vacate the Premises. 7 . Waiver of Liability. Tenant agrees that Lessor and its officers and employees shall not be liable to Tenant for any injury to persons or damage to or loss of personal property in the Premises unless such injury, damage, or loss is the result of the gross negligence or willful acts of Lessor or its officers or employees, and Lessor and its 611578 �y � officers and employees shall not be liable to Tenant for any such damage or loss, whether or not the result of their gross negligence, to the extent Tenant is compensated therefor by Tenant' s insurance. In addition, Lessor agrees that Tenant and its officers and employees shall not be liable to Lessor for any injury to persons or damage to or loss of the Building or other improvements or property on the Premises unless such injury, damage or loss is the result of the gross negligence or willful acts of Tenant, its officers or employees, and Tenant and its officers and employees shall not be liable to Lessor for any such damage or loss, whether or not the result of their gross negligence, to the extent the Lessor is compensated therefor by Lessor ' s insurance. Each party shall cause each insurance policy obtained by it to provide that the insurance company waives all right of recovery by way of subrogation against either party in connection with any damage covered by any policy. 8 . Delivery Upon Termination. Upon the termination of this Lease Agreement and the said Term in any manner whatsoever, Tenant shall remove Tenant ' s goods and effects and those of any other person claiming under Tenant, and quit and deliver up the Premises to Lessor peaceably and quietly in as good order and condition as the same are now in or hereafter may be put in by Lessor or Tenant, reasonable use and wear thereof, damage by casualty, and repairs which are Lessor ' s obligation excepted. Goods and effects not removed by Tenant at the termination of this Lease Agreement shall be considered abandoned and Lessor may dispose of the same as it deems expedient. 9 . Termination. It is mutually understood by the parties hereto that Tenant is remaining in possession of the Premises pursuant to this Lease Agreement following the sale and conveyance of the Premises to Lessor, during the period of time while Tenant ' s new banking facility is under construction which construction Tenant estimates will take approximately 12 months, subject to delays in construction due to force majeure or other causes beyond Tenant' s control ("Delays") . In the event Tenant's new facility is ready for occupancy prior to the end of such 12 month period, Tenant may terminate the Term of this Lease by giving written notice thereof to Lessor specifying the effective date of such termination which shall be not less than 30 days after the date of such notice. In the event Tenant' s new facility is not ready for occupancy at the end of such 12 months (due to Delays) Tenant may extend the Term of this Lease for a period of time which is not in excess of such Delays, by giving written notice thereof to Lessor at least 30 days prior to the expiration of such 12 month period specifying the causes of and length of such Delays and specifying the extended date upon which the Term of this Lease shall expire. 611578 1 10. Lessor Option to Delete Space. During the Term, Lessor shall have the option, upon not less than 30 days notice to Tenant, to delete from the Premises up to 750 square feet of space for the use and occupancy by the Lessor and its officers and employees; in addition, subject to Tenant ' s approval (which may be absolutely withheld) , Lessor may request that additional space be deleted from the Premises. The location and configuration of any and all space so deleted from the Premises shall be subject to the reasonable approval of Tenant based upon the convenience, efficiency, safety and security of its banking operations. Upon the effective date of such deletion, Tenant shall vacate such space in accordance with paragraph 8 above, and the monthly rent and operating expenses payable by Tenant thereafter shall be adjusted and reduced on a pro rata basis, i.e. by multiplying such amount by a fraction, the denominator of which is the square footage of space in the building occupied by Tenant prior to such deletion and the numerator of which is the square footage of space in the building occupied by Tenant following such deletion. 11. Notices. Any notices required or contemplated hereunder shall be effective upon the placing thereof in the United States mails, registered or certified mail, return receipt requested, postage prepaid and addressed to the other party at the addresses stated above. Copies of such notices shall be sent to the parties ' respective attorneys at the addresses set forth below: Attorney for Buyer: Karen Marty, Esq. City Hall 129 East First Avenue Shakopee, MN 55379 Attorney for Seller: David J. Spencer, Esq. Briggs and Morgan, P.A. 2400 IDS Center Minneapolis, MN 55402 611578 /sC 12 . Governing Law. This Agreement has been made under the laws of the State of Minnesota and such laws shall control its interpretation. TENANT: MARQUETTE BANK SHAKOPEE, N.A. By Its LESSOR: CITY OF SHAKOPEE By Its Mayor By Its City Administrator By Its City Clerk 611578 CONSENT / z CJ MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Purchase of Sickle Mower DATE: April 11, 1991 INTRODUCTION: Staff is seeking Council authorization to purchase a sickle mower for a cost of $1,495. 00. BACKGROUND: Due to the construction of the Upper Valley Drainage Channel and the increased use of drainage ditches and detention ponds, rather than storm sewer pipe, it is becoming increasingly more difficult to mow and maintain these facilities. The Public Works Department is requesting authorization to purchase a sickle mower attachment to our current mower tractor in order to adequately maintain these ditches and enable the side slopes to be mowed. A sickle mower is an arm extension on the tractor than drops down along the side and can be set to mow at any angle of slope. A sickle mower would also increase the safety of the mowing operations by eliminating the need for the tractor to traverse the steeper slopes. This item was not included in the 1991 Capital Equipments Budget for the Public Works Department. The total amount budgeted for Capital Equipment is $70,900. 00. To date, approximately $61,925. 00 has been expended for a new dump truck ($61, 300. 00) and metal detector ($625. 00) . This leaves an approximate balance of $8,975.00 in the Capital Equipment Fund. There is only 1 remaining item left to purchase in this fund which is a new paint striper, which will cost approximately $3 ,500. 00 - $4, 000. 00. All other equipment items listed in this budget will not be purchased in 1991 due to higher prices for these items than what was estimated in the budget. Staff would like authorization to purchase the sickle mower from the Capital Equipment Budget for $1,495. 00. No budget transfers are necessary as there are adequate funds in the budget to cover this item. ALTERNATIVES: 1. Approve the request. 2. Deny the request. / 2d RECOMMENDATION: Staff recommends Alternative No. 1. Due to worker safety considerations and the need to provide proper maintenance for storm drainage channels, staff feels that this piece of equipment is essential. ACTION REQUESTED: Move to authorize staff to purchase a sickle mower attachment out of the Capital Equipment Fund for a cost of $1, 495. 00. 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Z nava N r WrAVW Ni-.WN NOAA W W N CO -4 1-ANA Wr1....rWU1 NNOOr NNWO)A0000WOV NAAAAArAA ONNW(OCDU1 VOO)W OooCNr0 AOONr(OC)rVANV 0V0001 OWWWWWUIWW (00)01001-4* O)(D(D00 U10CJC)4*N W004*OWAOWrVU1(DWW0 1-4*AA4.4*(04 AUfU10)0000 ($1000) 000000 A00ooANrU10(O(n(OWA0 N410141O)OOmm Orr004*0 * * * * * (n(n(n CnWW)(n(n fn(n(n(nU)U)!nG)(nN(n /)(nU)U) (n(n(n(n(nU)(n(n (nNO(nU)U) -1-1-1 11V-1-1 MMMMIIMMMMMMMMVM =MSS= 000000 M M M >>>>> C C C C C C C C C C C C C C C >>>>>>>> C C C C C C MMM 2373707373 C)C)OC)C)000)C)C)000C)C) XXXXXXXX -4-4-(-i-4-+ MMM 7CXXXX 00000000 ===== < 000 (ntnN(fN MMMMMMMM ZZ ZfZ m mmmmmmmm mmmmrnm z mmrn 00000) mmmmmmMM V)(n(/)(n(n(n 0 aaZ1 rrrrr MM-4-4-4-4 0 000 mmmmm 0000 0000 73 ADDDD MMMMmmmrn 000000 C) Z Z Z Z Z 727)752,7)=M= C C C C C C x <<<<<<<< WWWWWW m Z Z Z Z= M M M M M M M M C C C C C C C) 00000 C)C)C)C)C)C)C)C) 70AMXIMA 7C mmmmrnmmm WWWWWW ZZZZZZ m 0 . is U) -i RI 73 000 t)OWWWW £ECCCC 00000000(0 00000000 mm•vvmm ►•1 DCC rrrrr >3:.-1-0 -(-(MM--1-i-1-731- -(-(-4-1--I-1-(-( 7373,30072 -( M M M 00000 �•-{MM.....MMMMM0 1-41-11-41-1,-i 1-41-11-4 -4 m M1)-0 00000 mmrrrrrrrrrr rrC) rrrr rrrr zzzzzz x -11-1- 20773 M M M M M M M M 1- M M MMMMMMMM -(-I--IM-1-( DMM 33333 -i*-1-1-(-i-1-1M-+-(-(-13 -4'4-4'1-1-1-4-( 0 1-mm DDDDD 301-4MMMMMM1.4o-41-4 M> M•-41.4M 9.Q•Qt 2.12.Q* rn NN MMMMM MOMMMMmmmmmmmmM mmmmmmMM N m ZZZZZ —4Ztn(nU)N(nNN(nNU(nCfZ N(n(n(ntnU)(nU) rommmm D C) 0 --1-4-1..4 RIZ 4 CCCCCC 73 C 72m WWWWWW 1-4 M (nO 'V .D -4 -1 N 0 Z 000 00000 00000000000000000 00000000 Ww1...000 > rrr 1•+1-011 1-r C) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 C) A A A A AAA A W W A A A A A A A A A A A A A A A A A A A A A A AAAA A 0 ()INN N NNN N 0000 W W W W W W W W W W W W N W W W W W W W W (4(4(4(4(4(4 C rrr WWWWW W(..)VVVVVVVVVVVVW VVVVVVVV 0000 00 Z 1•-00 00000 N1-1-0000000000000 00000000 000000 -4 1 I 1 1 r 1 1 ( 1 WWW O)Wrrr OOO)O)O)O)MAAWWWrrM C)C)AWWrrr U1U111...rrr Z rrr WNa00000 00WNNNNNNNNro000W WNNN1...WW)o aoV(OVWN 0 rNr OrANr OONOOC)NrV rrrrNr0 OrrrrANr rNr rrl+ 1 1 1 1 1 1 1 1 1 1 1 1 t 1 1 1 1 1 1 1 1 1 1 I i i t t i l l 1 1 1 1 1 1 WWW CW1-./-1-r OOMMOIMMAAWWWrrO) MMAWWrrr M r1-r N1%3000000 OONNNNNNNrN1-.0o00N NNNNr000o0 1-r(OVWN Z < * 0 A M I • r 0 O 1 CO • * r •3 III - N D * * * * N A * * * * 3. m * * It It 0 t 1 I 1 m C) C) C) C) U) Cl) U) U) V * r * r * r r * * rrr * r r 000000000000 * 0 * 0 * 0 0 * 00000000 * 000 * 0 0 c0 000000000000 * O * 0 * 0 0 * 00000000 * 000 * 0 x 0 000000000000 * 0 * N * to 0) * 00000000 * 0100) * N m r 000000000000000000000000 * 0 * A * W W * WWWWWWWW * WWW * N C) * W * N * (0 0)3 * 0)0)0)0)0)0)0)0) * WWW * (0 x C) 14 z 1 0 < 0 0 m 000000000000 0 0 0 0 00000000 000 0 > A A A A A A A A A A A A A A A A A A A A A A A A A A A A -I N \\\\\\\\\\\\ \ \ \ \ \\\\\\\\ \\\ \ m x I— r r r rrr r D 000000000000 0 O 0 0 00000000 000 O x \\\\\\\\\\\\ \ \ \ \ \\\\\\\\ \\\ \ 0 (0 c0(0(0 c0(0(0(0(0(0(0(0 (0 (0 (0 c0 (0(0<0(0(0(0(0(0 (O c0(0 (0 m ✓ r r r rrr r m m D 3 0 W N r C - z r 1-.0) r WW 0) Nrr0 r rr 1 0000A00)NNWNU1r 0)0) NN 0)0) NN 0)WrrOWAON WNNr WW WArVAVVVV00WV (0(0 WW VV (0(0 (00U10)WOAN0) ArOW UfU1 (OVVCOAAVrAVV(0 (0(0 AA 0)0) 00 000)WVOU10NW NNO0 00 04-A40)004-0<000 0000 0000 00 00 000AUiV(0(40)A 010100 00 * * * * * * * CCCCCCCCCCCC -4 V) N N C)C)C)0C)C)0C) WWW C) Z Z -4 1 4-44-14-11-14-1/-11-11-1 DDD M 000000000000 Cn D D D VV-11V-c-i-1 MMM -1 -0 '9 M A <-<<<-<<« A A A -G E E E E E E E E E E A 1 <<< < m R1 m FYI m m m m mm m m 1 0 -4 1 00000000 0 m 000000000000 Z m A '1'n.71-n-n-n-i71 000 -1 Z -4-4-4-1-4-I-41-4111 E )"( M -I-I-1 0 = -4 00 W 00000000 00p0 U) 0 000000000000 r4 -) 000000000000 -I 8 z z3.3)."3.›).›xxxxxxxxxxxx m r m Ill xxxxxxxx -0 x xxxxxxxxxxxx 0 N 00000000 D m 3 mmmmmmv-u C 0 C) C) mm mm m mmm r x 0 mmmmmmmm H A A Z 'v m i C) 0 r4 N .-1 M A -i*11-1-(1.....A m N 0 -0 CCCCCCCC 101 A 4 m m m m m m m m m m m A 0 c C A -1-1-1-1-4-4-1-1 A O A 70 -I rrrrrrrrrrr0 C -0 m 1-•1 Nrro..4r-Nr-1 A. 0 m Film m m m m m m m m 0)m 14 A N Z 1-1-/-1-r r r r <m< m x AMMAMA'9A'O.9A -v r -4 1-4r4-41-41-1M1-4r m m xxxxxxxxxx=(N 1•1 R'. 1111111--( rQQQr V) 0 00000000000m x m Re rirrorrrrir m m ZZZZZZZZZZZA D N N rnmmmmmmm QeUR' A V) mmm mm mm mmmm< 4.4 C u 00WWW000 C) < C) Z W C 0=W A 1 N W COC 14 A WOW A XI 01--to 1 1.4 1-101-4 1--1 '0 0 N 0 1 1 1 Z 000000000000 0 0 0 O 4-0000000 4-00 0 D ✓ r r r AMM r C) 1 1 , 1 1 1 , 1 1 1 1 1 I I I I 1 1 ( 1 1 1 1 1 1 1 1 1 A A A A A A A A A A A A A A A A A AAAAAAAA AAA A 0 (4(4(4(4(4(4(4(4(4(4(4(4 N N W W (4(9(4(4(4(4(4(4 WWW W C NNNNN 0000()01•- W r (0 CFI VVVVVVVV WWW r Z 0 N 0 r 0 00000000 000 0 -4 1 1 1 1 1 1 1 1 1 1 1 1 1 - 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 A A W W W....... 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(9') H 0 1 H CO SON O a ) C) C] Z1 ZI �1 < 70 �J �1 �i �7 ) (R CO C) 'U H = = = = = n O CD p P Cl) rn (D O CD CD CD CD CD (I) W a s✓ 0 rn 0 z 0\D (row Ts 'd a a a HI a s H C] "s N H w Cl)y C)\CT CT O\ H3 f• .,e H. He r• r• r• C) f... r. f.,. f.,. f,. r. P1 "- cf CD i-h N Vt -4 N -4 c+ c+ c+ cf c+ c+ c+ c+ c+ cf K C) CD P 'd ro �O •v1 w vi vl H� CO 'Z7 t7 Cl) "d 3 'i =i Cl) N oq cd+ CSD O a) K W Vl H O 1 N Hc+ tri CD 'd pl CD H H H N Cr) 0 F ) t=j tri C) H) 0 (C a CD H H 1 C CD C v 0 (D Z CD '1 N 0 C) D H CO 0 ts] Cl) N •'d "d lCO r 0 H H '1 OCD H Qq co E C) '0 P P 0 a�a a ti eF w w U) w w w c...w w w w www w w C..1w w w cNwww ww n H V1 Vl Vl VI Vl vi Vl \Il \_!1 \.11 \Il V7 VI VI VI \l1 V1 '.11 \.)l Vl \.11 VII Vl ul vl - ♦D 1 -1 -1 -4 11 1 -1 1 1 1 1 1 1 1 -J 1 1 1 1 1 1 1 -1 1 1 .D VJi 4 W N H 0 OD -4 OW\ VWi Vwi JI 4 W N CO H 0 '0 p CD = H 0 t J "d 0 CO 3 'V 'd < x = = = 3 CD H = 3 C C = = = C) = r H K CD 0 Z tai tri 0 CD P 0 (D ~' a4 a tri N• '0 0 W 04 HS I ' a CD c+ CO Cl) c+ 0 Z Cl) a Cl) t4 d >' n N '1 "d t< z O 'j r q ¢) 1-3 0 cCf P H Cl) E Cl) Co 1 a c+ p1 a x' r. w CD 0 CI) < CD Cl) 0 'C (;)Cf C 11 '0 f H CD a .. '1P 'moi '1 0 CCD C a H Cf N CD ri- a) "i CD C7 CO 7c H `0 1. 1 H CO H \D 4' H -J W C)\ w Vl ON •D ON 1 < H W W \D 0\ O H H H O CD H \0 0\ 1 N 0 D OD OD 4' O\ H w 0 N vl \O N \J1 v1 O 1-I 1 vl O CD N 0\ O Vt 0 co o 0 O Co vl W W 0 0 vl N) CO 0 0 1 0 0 w 0 \O 1 -4 `n 0\ H 0 0 w N \O lz MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director CO})'.91)SUBJECT: Comprehensive Sanitary Sewer Plan DATE: April 11, 1991 INTRODUCTION: Staff is requesting permission to hire a consultant to prepare a Comprehensive Sanitary Sewer Plan. BACKGROUND: A request has been submitted to the City of Shakopee by a developer requesting that a feasibility study be done on providing a trunk sanitary sewer line to portions of the Industrial Park. Currently, there are areas in the Industrial Park north of the Shakopee Bypass and east of Valley Park Drive that cannot be served by the existing City sanitary sewer system. To adequately serve these lands, a trunk sewer would be needed which would connect up to the Prior Lake Interceptor. Mr. Jon Albinson, representing North American Casualty and Life, has submitted a request to City staff to prepare a feasibility report on providing the necessary sanitary sewers to enable them to develop their Industrial Park property. In addition to this request, the new Comprehensive Plan of the City of Shakopee recommends that engineering studies be done on the new proposed Interceptor that would run along the south side of the Bypass to determine feasibility, alternative financing and alignment. The Comprehensive Plan indicates that this study should be done in 1991 or 1992 in order to design, acquire easements and construct the Interceptor by 1995, which is when development is projected to need it. Staff believes that both of those issues should be evaluated together. For instance, maybe the requested trunk sewer would be more feasible connected to the new South Shakopee Interceptor rather than the Prior-Lake Interceptor. Will MWCC allow both the trunk sewer and a new interceptor to tie into the Prior Lake Interceptor? Will the MWCC assist in funding one or the other? These are all issues that need to be addressed in a feasibility report. The Comprehensive Plan also recommends that the City of Shakopee prepare a Comprehensive Sanitary Sewer System Plan as a supplement to the Comprehensive Plan. During the public hearings on the proposed Comprehensive Plan, there were issues raised as to the projected flows and development that were estimated in the Comprehensive Plan, specifically in the Industrial Park area. There were other issues raised at the public hearings regarding /0L proposed diversion sewers to alleviate capacity problems with the MWCC lift station and Interceptor which also needs to be addressed. The last Comprehensive Sewer Plan was done in 1974 . Based on all these issues, staff would like to request permission to solicit request for proposals (RFP' s) from consultants to prepare a Comprehensive Sanitary Sewer System Plan for the City of Shakopee. In addition, the consultant would be directed to explore the feasibility of the requested trunk sewer in the Industrial Park and the new Interceptor discussed in the Comprehensive Plan. It is proposed that the funding for this plan and reports come out of the Sanitary Sewer Enterprise Fund. The City Council may wish to discuss whether or not it is premature to prepare a Comprehensive Sewer Plan prior to the Comprehensive Plan being approved by the Met Council . ALTERNATIVES: 1. Direct staff to solicit proposals for a Comprehensive Sewer Plan and associated feasibility studies. 2 . Direct staff to prepare a Resolution ordering a feasibility report completed on the petitioned for trunk sewer only. 3 . Deny or table this request until the Comprehensive Plan is approved by the Met Council and adopted by the City Council . 4 . Direct staff to take other action. RECOMMENDATION: Staff recommends Alternative No. 1. Staff does not feel that the City needs to wait for the Comprehensive Plan to be adopted to commence this study. A Comprehensive Sewer Plan was beyond the capability of the Comprehensive Plan and will certainly be required and needed at some point. It is highly unlikely that the Met Council would disagree with this recommendation as listed in the Comprehensive Plan. ACTION REQUESTED: Direct staff to solicit proposals from engineering consultants to prepare a Comprehensive Sanitary Sewer Plan for the City of Shakopee and to explore the feasibility of installing a trunk sewer in the Industrial Park and the feasibility report for the South Shakopee Interceptor. DH/pmp SEWER ON ENT / z a. MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Authorization for City Administrator to Sign McKenna EAW Report Allowing Initiation of the Environmental Review Process DATE: April 12, 1991 INTRODUCTION & BACKGROUND: Staff has prepared the required Environmental Assessment Worksheet (EAW) for the proposed McKenna gravel operation. In order for the Environmental Quality Board to accept the EAW allowing for the initiation of the review process, the report must be signed by an authorized official of the City. The signature certifies that the report has been properly prepared, that it is not a phased project, and will be distributed to the appropriate review agencies. Staff has taken the appropriate actions to meet all three certification requirements. A copy of the EAW report for the proposed McKenna gravel mine is available in the Planning Department for further review. ACTION REQUESTED: Offer and pass a motion authorizing the City Administrator to sign the McKenna EAW report as required. LSE/jms ONSENT MEMO TO: Dennis Kraft, City Administrator c2W)42 ' FROM: Dave Hutton, Public Works Director SUBJECT: Lewis Street, Project No. 1990-5 DATE: April 10, 1991 INTRODUCTION: Attached is Resolution No. 3379 , a resolution declaring the cost to be assessed and ordering the preparation of the proposed assessments for the Lewis Street Project. BACKGROUND: The Lewis Street Reconstruction Project has been completed and all project costs have been identified for this project. This project consists of complete reconstruction of Lewis Street from 4th Avenue to 10th Avenue including Sommerville Street from Shakopee Avenue to 10th Avenue. Prior to levying any special assessments on this project a public hearing must first be held. Attached is Resolution No. 3379 which declares the cost to be assessed and orders the preparation of the proposed assessments for this project. This resolution sets the date of the public hearing for June 4 , 1991 at 7 : 30 P.M. The final construction costs for this project are $485, 173 . 93 . The final administration and engineering costs for this project are $105, 124 . 58 . The total project costs for this project are $590, 298 . 51. Of this amount, $112 , 443 . 20 will be assessed to the abutting property owners. ALTERNATIVES: 1. Adopt Resolution No. 3379 , which sets the date for the public hearing on the Lewis Street assessments. 2 . Deny Resolution No. 3379 . RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3379 , A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for Lewis Street, Between 4th Avenue and 10th Avenue and Sommerville Street, Between Shakopee Avenue and 10th Avenue, Project No. 1990-5 and move its adoption. DH/pmp / 3 °' RESOLUTION NO. 3379 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For Lewis Street, Between 4th Avenue and 10th Avenue And Sommerville Street, Between Shakopee Avenue and 10th Avenue Project No. 1990-5 WHEREAS, a contract has been let for the improvement of: Lewis Street, between 4th Avenue and 10th Avenue and Sommerville Street, between Shakopee Avenue and 10th Avenue by street reconstruction and the contract price for such improvements is $483 , 520 . 54 , the construction contingency amounts to $1, 653 . 39 and the expenses incurred or to be incurred in the making of such improvements amounts to $105 , 124 . 58 so that the total cost of the improvements will be $590, 298 . 51 and of this cost the City will pay $477 , 855 . 31 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 $112, 443 .20 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 she shall file a copy of such proposed assessment in 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 4th day of June, 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 she shall state in the notice the total cost of the improvements. 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. a. 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 CONSENT ) 51, MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: 11th Avenue, Dakota Street to Naumkeag Street DATE: April 9 , 1991 INTRODUCTION: Attached is Resolution No. 3381, declaring the adequacy of petition and ordering the preparation of a report from 11th Avenue, Dakota Street to Naumkeag Street. BACKGROUND: A petition has been submitted to the City Council requesting public improvements to 11th Avenue, between Dakota Street and Naumkeag Street. The requested improvements include street construction, curb & gutter, storm sewer and sidewalks if needed. The petition has been signed by the required percentage of abutting property owners and has been approved by the City Attorney. Attached is Resolution No. 3381 which declares the adequacy of this petition and orders the preparation of a feasibility report for this project. The petitioner is Gold Nugget Development who is proposing to develop the abutting property just south of 11th Avenue. He has submitted a plat of the Meadows 5th Addition which will be going to the Planning Commission in their May meeting. The developer is proposing to construct the sewer and water in 11th Avenue as part of his development under a developer' s agreement, but he is petitioning that the City construct the street and storm sewer in 11th Avenue and to evaluate whether or not this street can be partially assessed to existing parcels just north of the subdivision. The feasibility report will address the costs of the project and the proposed assessments for all abutting properties. ALTERNATIVES: 1. Adopt Resolution No. 3381. 2 . Deny Resolution No. 3381. RECOMMENDATION: Staff recommends Alternative No. 1 to adopt Resolution No. 3381, which orders the feasibility report prepared on this project. )3 ACTION REQUESTED: Offer Resolution No. 3381, A Resolution Declaring Adequacy of Petition and Ordering the Preparation of a Report for 11th Avenue, Dakota Street to Naumkeag Street and move its adoption. DH/pmp MEM3381 RESOLUTION NO. 3381 A Resolution Declaring Adequacy of Petition And Ordering The Preparation Of A Report For 11th Avenue, Dakota Street to Naumkeag Street BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. A certain petition requesting the improvement of 11th Avenue, Dakota Street to Naumkeag Street by street, curb & gutter, storm sewer and sidewalk construction improvements, filed with the Council on April 16, 1991, is hereby declared to be signed by the required percentage of owners of property affected thereby. The declaration is made in conformity to Minnesota Statutes, Section 429 . 035 . 2 . The petition is hereby referred to David Hutton, Public Works Director and he is instructed to report to the Council with convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, an estimated cost of the improvement as recommended. 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 Date 9.1- Cf/ We, the undersigned, owners of the following described real . property, abutting on the proposed improvement and benefitted thereby, hereby petition the City Council of the City of Shakopee, for the following public improvements: on // Street/Avenue, between /.„ ,e 72p. Street/Avenue and GC_1f� Steet/Avenue, and request that the same be made during the year 7I In making this petition the undersigned understands that the City of Shakopee, its agents or employee cannot guarantee the amount of an assessment until a feasibility study of the improve- ments has been prepared and accepted by City .Council in accordance with NSA Chapter 429. PETITIONER LOT BLOCK Cyr/o`� e tyrOWei '" /.d^ Am/Y-40 AI /7 I , hereby, verify that I circulated the above petition and that the above signatures of the property owners and petitioners were affixed in my presence. • ��. Leati!/ . 'ircVtor Approved this •) day of J / , 19# City Attor'iiey --- This instrument prepared & drafted hy: H. R. Spurrier . • City Engineer '129 East 1st Avenue Shakopee, NN 55379 . _ I3 0 5/"E A/a'o7'3e E .01 --1,,,c, ;�. cl:-,c .' 1329.10 1. C: . 7 : 49 .60 E OAD a €NO. n•)°o.... 79 d •�— 1 I \., .. _. '4 4 9a ' '.1/50 10 A a I6• •e I : v • ` r. o n 4011•P-- . . \ •,',, v e r.07'34"W A 4'. • I 1 1r 1 ✓null y'6,45Le'1f117 A o w A _ d i', Op ala ^ 's/v-��ii c� At Na/s3•.... - - • b s) t , * - __ to I t '`. 4. LT J l I.S, 1ez P 1 • e 9 a .s it O ~ O :`� mr N v .'•+\ a in r) atk- Y /,;J 4`5• 1 - J _ ,..,. a v • 1ti .�a 6j , • «1 i y .- tW' B r .` lti a1 4. ��� • ' It. . v • C 1 3 ! t —IN /01.08 �' y I •IL i A�� 1y °•t j-{ ' ro W . – �. li • r r • 92i 4.. DAt. ',. cv •.' \ , , • 4.I \ : .'hl, Q ti_ w INTli.' '.-------\•-..-•-- ... • '0 lb No ) -- . ... :._, _ .. . .. „ . .. .- .... .. V O - .., • • • a ,` • a xr — OSE1'JT MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: 5th Avenue/Market Street Project No. 1989-4 Bluff Avenue Project No. 1990-7 DATE: April 10, 1991 INTRODUCTION: Attached is Resolution No. 3382 , a resolution accepting bids and awarding the contract for the Bluff Avenue and 5th Avenue/Market Street Project. BACKGROUND: On March 5, 1991 the City Council of Shakopee ordered the advertisement for bids for the 5th Avenue/Market Street Project and also the Bluff Avenue Project. This project consists of constructing 5th Avenue from Spencer Street to Market Street and also installing utilities in Market Street from 4th Avenue to 7th Avenue and constructing Main Street from 5th Avenue to 6th Avenue. The second part of the project consists of constructing Bluff Avenue from Marschall Road to Naumkeag Street. These two projects were ordered separately and had separate public hearings for them, but they were bid together as one project in order to obtain the lowest possible bid prices for each. On April 9 , 1991 at 10: 00 A.M. bids were received and publically opened for these projects. A total of 9 bids were received and are summarized in the attached resolution. The low bid was submitted by Ryan Contracting, Inc. of Lakeville, MN for a total bid of $372 , 204 . 95 . The Engineering Department has reviewed all bids for completeness and also the qualifications of Ryan Contracting, Inc. the low bidder, and have determined that they are able to perform the work as described by the plans and specifications. The Engineer' s estimate was approximately $427 , 000 . 00 . In conformance with the current Change Order Policy, staff is also requesting that the City Council authorize a contingency of amount equal to 15% of the project costs for use by the project administrator (City Engineer) to cover any change orders or quantity adjustments. A contingency amount of 15% of the bid is equal to $55, 830. 00. The Change Order Policy authorizes the project administrator to approve of any change orders up to the contingency amount with City Administrator concurrence. Attached is Resolution No. 3382 , which accepts bids on this project and awards the contract. / 3 ''' ALTERNATIVES: 1. Accept the low bid and adopt Resolution No. 3382 , awarding the contract to Ryan Contracting, Inc. 2 . Reject the low bid and award the bid to the second low bidder or some other bidder. 3 . Reject all bids and rebid it. RECOMMENDATION: Staff recommends Alternative No. 1, to accept the low bid and award this contract to Ryan Contracting, Inc. , Lakeville, MN for a total amount of $372 , 204 .95 . ACTION REQUESTED: 1. Offer Resolution No. 3382 , A Resolution Accepting Bid on 5th Avenue, Between Spencer Street and Market Street; Market Street, Between 4th Avenue and 7th Avenue; Main Street from 6th Avenue to 5th Avenue, Project No. 1989-4 and Bluff Avenue, Marschall Road to Naumkeag Street, Project No. 1990-7 and move its adoption. 2 . Approve of a contingency amount of 15% for use by the Project Administrator in authorizing change orders on this project. DH/pmp MEM3382 ) 3 RESOLUTION NO. 3382 A Resolution Accepting Bid On 5th Avenue, Between Spencer Street and Market Street; Market Street, Between 4th Avenue and 7th Avenue; Main Street, from 6th Avenue to 5th Avenue Project No. 1989-4 And Bluff Avenue, Marschall Road to Naumkeag Street, Project No. 1990-7 WHEREAS, pursuant to an advertisement for bids for 5th Avenue, between Spencer Street and Market Street; Market Street, between 4th Avenue and 7th Avenue; Main Street, from 6th Avenue to 5th Avenue and Bluff Avenue, Marschall Road to Naumkeag Street, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Ryan Contracting $372 , 204 .95 GMH Asphalt $376, 040. 80 Widmer, Inc. $378 , 398 .20 Richard Knutson $394, 251. 25 S .M. Hentges & Sons $399 , 847 . 00 Barbarossa & Sons $400, 696. 00 Wm. Mueller & Sons $423 , 702 . 50 Alexander Const. $436, 275 .39 Hardrives, Inc. $445, 577 .97 AND WHEREAS, it appears that Ryan Contracting, Inc. , 16615 Ipava Avenue, Lakeville, MN 55044 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The Mayor and City Clerk are hereby authorized and directed to enter into a contract with Ryan Contracting, Inc. , in the name of the City of Shakopee for the improvement of 5th Avenue, Spencer Street to Market Street; Market Street, 4th Avenue to 7th Avenue; Main Street, 6th Avenue to 5th Avenue and Bluff Avenue, Marschall Road to Naumkeag Street by pavement, curb & gutter, storm sewer, sanitary sewer, and watermain improvements, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2 . The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. /3 � 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 TONSEN1 / CI MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director (71;;;;;4>At., SUBJECT: Jackson Street/Harrison Street, Project No. 1991-2 Scott Street/Shumway Street, Project No. 1991-1 DATE: April 10, 1991 INTRODUCTION: Attached is Resolution No. ' s 3383 and 3384 , which authorizes staff to advertise for bids for the Jackson/Harrison Street Project and also for the Scott Street/Shumway Street Project. BACKGROUND: On January 22 , 1991, the City Council of Shakopee ordered the preparation of plans and specifications for the Jackson Street/Harrison Street Project by Resolution No. 3344 . This project consists of reconstructing Jackson Street and Harrison Street from 11th Avenue to 12th Avenue and to replace the pavement which has failed due to improper subsoils or frost heaves. On January 22 , 1991, the City Council of Shakopee also ordered the preparation of plans and specifications for the Scott Street/Shumway Street Project. This project consists of reconstructing Scott Street from 6th Avenue to 7th Avenue and Shumway Street from 3rd Avenue to 6th Avenue. The plans and specifications for both projects are now completed and the projects are ready for bids. Staff is proposing to bid these projects together in order to obtain the best possible bid prices for each one. Attached is Resolution No. ' s 3383 and 3384 , which authorizes the advertisement for bids for these projects. The proposed bid opening would be May 17 , 1991. Since staff is proposing to keep track of the project costs for each project separately due to the assessments involved, a separate resolution is needed to order the bids for each project. A copy of the plans and specifications for these projects will be available at the Council meeting for review and comment or they can be inspected ahead of time in the Engineering Department. Both projects were designed in conformance with the recommendations of the feasibility report and as directed by the City Council . ALTERNATIVES: 1. Adopt Resolution No. 3383 and Resolution No. 3384 , authorizing staff to advertise for bids for these projects. 2 . Deny Resolution No. 3383 and Resolution No. 3384 . 1.3 d 4- E RECOMMENDATION: Staff recommends Alternative No. 1. The reason there are two separate resolutions is that each project has been previously ordered separately by Council resolution and in order to keep the City records consistent and to insure compliance with the State law on special assessment projects, staff feels that it would be better to adopt a separate resolution for each project even though they will be bid jointly and constructed by the same contractor. Staff will be keeping all project costs separate for each project due to the special assessments. ACTION REQUESTED: 1. Offer Resolution No. 3383 , A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Jackson Street and Harrison Street, Between 11th Avenue and 12th Avenue, Project No. 1991-2 and move its adoption. 2 . Offer Resolution No. 3384 , A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Shumway Street, 3rd Avenue to 6th Avenue and Scott Street, 6th Avenue to 7th Avenue, Project No. 1991-1 and move its adoption. DH/pmp MEM3383 RESOLUTION NO. 3384 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For Shumway Street, 3rd Avenue To 6th Avenue And Scott Street, 6th Avenue To 7th Avenue Project No. 1991-1 WHEREAS, pursuant to Resolution No. 3343 adopted by City Council on January 22 , 1991, David Hutton, Public Works Director has prepared plans and specifications for the improvement of Shumway Street, 3rd Avenue to 6th Avenue and Scott Street, 6th Avenue to 7th Avenue by street reconstruction and has presented such plans and specifications to the Council for approval . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2 . The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertise- ment for bids upon the making of such improvements under such approved plans and specifications. The Advertisement for Bids shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the City Clerk until 10: 00 A.M. , on May 17, 1991, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Public Works Director, or their designated party, will then be tabulated, and will be considered by the Council at 7 : 00 P.M. , or thereafter on May 21, 1991, in the Council Chambers, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier' s check, bid bond or certified check payable to the order of the City of Shakopee for not less than five (5%) percent of the amount of the Bid. 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 RESOLUTION NO. 3383 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For Jackson Street And Harrison Street Between 11th Avenue And 12th Avenue Project No. 1991-2 WHEREAS, pursuant to Resolution No. 3344 adopted by City Council on January 22 , 1991, David Hutton, Public Works Director has prepared plans and specifications for the improvement of Jackson Street and Harrison Stteet, between 11th Avenue and 12th Avenue by street reconstruction and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2 . The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertise- ment for bids upon the making of such improvements under such approved plans and specifications. The Advertisement for Bids shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the City Clerk until 10: 00 A.M. , on May 17, 1991, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Public Works Director, or their designated party, will then be tabulated, and will be considered by the Council at 7: 00 P.M. , or thereafter on May 21, 1991, in the Council Chambers, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier' s check, bid bond or certified check payable to the order of the City of Shakopee for not less than five (5%) percent of the amount of the Bid. 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: Dave Hutton, Public Works Director O SUBJECT: I-35W Correspondence DATE: April 9, 1991 INTRODUCTION & BACKGROUND: Attached is correspondence staff has received from several communities directly involved with the I-35W Project and alternatives and solutions. The letter is basically self-explanatory, but staff would like to bring out several points relative to this request. 1. The affected Cities are requesting support in their endeavor from all adjacent communities that this project could possibly have an impact on. The following cities or counties have already passed the requested resolution: Savage, Prior Lake, Burnsville, Richfield, Bloomington, and Dakota County. There are several other cities and counties that are in the process of adopting this resolution. Scott County has received a copy of the resolution but it is not known if they have passed it yet. 2 . The NTN Alternative discussed in the letter stands for Neighborhood Transportation Network Alternative. Basically, this alternative is the result of three or four affected neighborhoods between Crosstown Highway and Downtown Minneapolis attempting to re-design I-35W. The design alternative that these neighborhoods have come up with are unacceptable to Mn/DOT as well as the communities of Burnsville, Bloomington, Lakeville and Richfield because of safety concerns and substandard design features which are no longer allowed by Mn/DOT engineers. Based on the safety concerns, the communities involved and Mn/DOT do not feel that this alternative is viable and should not be included in the EIS study. 3 . The EIS process has already been delayed for one year and now it is possibly going to be another 6 months before it is completed. If the NTN Alternative were added into the EIS it would add an additional delay of anywhere from 6 months to 1 year on completing the EIS. Although the NTN Alternative is basically for the portion of I-35W between Crosstown and Downtown Minneapolis, the EIS is for the entire corridor all the way south to Burnsville. These delays in completing the EIS are delaying the construction of the third lane on I-35W between Burnsville and Bloomington. This third lane on the bridge has already been designed, approved by Mn/DOT, is a relatively low cost project, does not negatively impact the environment or the communities, and has already been placed in bI Mn/DOT' s construction program. The EIS needs to be completed in order to commence with the construction of the third lane on the I-35W bridge. 4 . Any delays caused by the adding of the third lane to the I-35W bridge will indirectly affect the City of Shakopee due to the fact more traffic will be diverted towards existing County Road 18 Bridge or the 169 Bridge due to congestion on I-35W. Therefore any method to expedite the construction of the third lane on I-35W would indeed provide an indirect benefit to the City of Shakopee and Scott County in general . RECOMMENDATION: Staff has discussed this issue with the affected communities and in addition to cities in Scott County. Staff is recommending that the City Council of Shakopee support the request by adopting the attached resolution. ACTION REQUESTED: Offer Resolution No. 3385, A Resolution Supporting the Timely Completion in the EIS Report for the I-35W Project and move its adoption. DH/pmp I-35W March 28, 1991 David Hutton, Public Works Director City of Shakopee 129 East 1st Ave. .E.outh Shakopee, MN 55379 Dear Mr. Hutton, Enclosed is a corrected copy of the cover letter and resolution concerning the Environmental Impact Statement on 1-35W. Yesterday a similar copy was mailed to you; however, that previous copy unfortunately contained some typographical errors in reference to the freeways. I apologize for any inconvenience or confusion this may have caused you. If you have any questions, please contact any of the individuals listed below. Respectfully yours, Charles Honchell, City of Bloomington Charles Siggerud, City of Burnsville Robert Erickson, City of Lakeville Donald Fondrick, City of Richfield enclosures /J 1/ March 27, 1991 Dear As you may be aware, the EIS process for I-35W recently has once again been delayed. Now the draft EIS will not be completed until the fall of this year at the earliest. At least a portion of the various delays are the result of waiting for information associated with the so-called NTN alternative that has been proposed by a group of Minneapolis residents. Reviews of that alterna- tive have shown that the alternative is unsafe and does not meet the MnDOT or Federal Highway Administration standards of design. Because of this finding the alternative was removed from further EIS consideration, although several of its main aspects were put into a new alternative that potentially can meet the safety standards. Notwithstanding that, the City of Minneapolis and Hennepin County recently have passed actions requesting the Minnesota Department of Transportation to reinsert this alternative into the EIS. If this action were to be taken, it is reasonable to assume that based on past experience the EIS would be further delayed and additional costs would be incurred. If this is included as an alternative through the finalization of the EIS, it also leaves open the possibility a decision may be made to choose this alternative. Such a deci- sion would result in a facility that does not meet safety standards and is unacceptable. For the sake of the citizenry that must rely on this vital transportation corridor this should not occur. In addition these delays have now made the previously programmed construction of the interim third lane project from 1-494 southerly across the Minnesota River to no longer be possible in 1993. Although construction funds appear to remain, MnDOT has removed the necessary design staff as well as any funds for potential use of consultants to do the design work. As a result of these situations, discussions have been held by staff members of all the cities adjacent to I-35W south of the City of Minneapolis. It was concurred that the position of these communities and others should be made known to MnDOT, elected officials and other interested parties. The timely and appropriate completion of I-35W is something of considerable importance to our region. If the EIS decision making agencies conclude that the NTN propos- al, or other actions which result in delays or construction of inadequate facilities on 35W, should be considered for the Minneapolis portion; it ap- pears that the EIS should be split at the Minneapolis border so that the process could continue in a timely fashion for that portion south of Minneapo- lis. You are requested to have your local government consider taking action on the Jf accompanying resolution or any other resolution which you feel properly repre- sents your views. Inasmuch as the Hennepin County and Minneapolis resolutions have already been acted upon by those organizations, and meetings held with the Commissioner of MnDOT it is requested that you would take action as soon as possible. If you have any questions, please feel free to contact any of the undersigned and I'm sure further discussion would be welcome. Thank you for your consideration. Respectfully yours, Charles Honchell, City of Bloomington Charles Siggerud, City of Burnsville Robert Erickson, City of Lakeville Donald Fondrick, City of Richfield l3 RESOLUTION No . 3385 WHEREAS, the Minnesota Department of Transportation, Metropolitan Council and Federal Highway Administration (parties) have been preparing an ENVIRONMENTAL IMPACT STATEMENT (EIS) for I-35W from I-94 south for several years; and WHEREAS, said EIS has been delayed and the schedule revised; and WHEREAS, one cause of said delays has been the inclusion of an alter- native known as the NTN Alternative being proposed by a Minneapolis neighbor- hood group; and WHEREAS , after study this alternative was found to not meet safety requirements, not be buildable in accordance with roadway standards and was replaced with another alternative which incorporated several of the major aspects of the NTN Alternative; and WHEREAS, Hennepin County and the City of Minneapolis have recently requested that the NTN proposal be put back into the EIS; and WHEREAS, such reinclusion would likely cause further delay, additional costs and potentially a decision that would result in the construction of an unsafe roadway which would provide less capacity than the current facility, and WHEREAS, such delays may also result in the interim third lane project from I-494 south to the Minnesota River not being able to be undertaken in 1993 as programmed; and WHEREAS, MnDOT funding decisions have now removed the necessary manpower or consultant funds to do the design of said interim project; and WHEREAS, the timely and appropriate improvement of I-35W is very import- ant to the well being of the community and to the safety of users of the facility. NOW, THEREFORE, BE IT RESOLVED that the parties are requested to maintain their position that the NTN alternative is not an implementable alternative; and BE IT FURTHER RESOLVED that MnDOT should provide design staff or consultant funds to prepare the necessary plans and drawings to avoid delays on the interim third lane project south of I-494, and BE IT FURTHER RESOLVED that if the NTN Proposal is reinserted that the Minnesota Department of Transportation, Metropolitan Council and Federal Highway Administration should split the EIS into two portions with one portion being the City of Minneapolis and the second portion being that portion south of the City of Minneapolis in order to not unduly delay the process of provid- ing the safety and service this badly needed facility would bring to the people of this region. Passed and adopted this day of , 19_ Attest: #►1I b. MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Reduction of Letter of Credit for Hillwood Estates DATE: April 16, 1991 INTRODUCTION: Dale Dahlke, Developer of Hillwood Estates, provided the city with a letter of credit in the amount of 125% of the estimate of his public improvements. The letter of credit is expiring and he is requesting permission to reduce it to $40, 000 - renewing it at a lesser amount. BACKGROUND: Mr. Dahlke signed a developers agreement agreeing to construct the public improvements in Hillwood Estates. To guarantee completion of public improvements, Mr. Dahlke provided the city with a letter of credit in the amount of 125% of the estimate of the work (as provided by the agreement) . Mr. Dahlke has completed the work and the Engineering Department has inspected and accepted the work as of October 1, 1990. According to the developers agreement, the developer must provide the city with a one year maintenance bond prior to the city allowing the reduction or release of the letter of credit. Because of the cost of obtaining a maintenance bond, Mr. Dahlke would prefer renewing his letter of credit to October 1st. Since the work is complete, he is asking that the letter of credit be reduced to the cost of the project - eliminating the additional 25% which is added on to the estimate. Both the City Engineer and I feel that this is a reasonable request. ALTERNATIVES: 1] Approve reduction of letter of credit from $53,200 to $40,000. 2] Do not allow the reduction of the letter of credit 3] Allow a reduction to another amount RECOMMENDATION: Staff recommends alternative #1. RECOMMENDED ACTION: Authorize the reduction of the letter of credit for the Hillwood Estates public improvements to $40, 000. #/y c. MEMO TO: Dennis R. Kraft, City Administrator FROM: Tami Vidmar, Receptionist RE: Recent Telephone Problems DATE: April 16, 1991 On April 4 , 1991 I called Rodack Enterprises for service on my telephone as the hold button was sticking on the receptionist switchboard. A service person from Rodack Enterprises came out to make the repairs, replacing the entire 10 key area. Soon after his leaving, it was apparent a new problem had been created. Incoming calls were getting disconnected upon being picked up at the switchboard. On the average 20+ calls per day. I telephoned Rodack Enterprises again and informed them of the problem. Mr. Rockne came back out the following day to service the problem. Upon finding nothing he could explain he left. The system continued to disconnect calls. I phoned Rodack again. Again Mr. Rockne came out to service the system. Upon his leaving it again became apparent the system was still failing. At the time of writing this memo (11: 30 a.m. ) I have logged 8 disconnected calls. This is a great concern to me as I know the incoming callers are getting very irritated as can well be expected. I would appreciate some input as to what course of action I should take next. I would like to see this problem addressed immediately as I feel this situation has already gone on much to long. - ILl a , MAYOR & COUNCIL Ep,. CITY OF SHAKOPEE 129 East First Ave Shakopee Mn 55379 APR 1 5 1991 April 12 , 1991 CITY OF SHAKOPEE Dear Mayor and Councilmembers; We understand that MnDot has offered the City—r 15 , 000 for the Municipal parking lot north of City Hall . Before council takes action to convey any interest in said property, may we respectfully remind you that this council, duly assembled on the morning of January 26 , 1989 , and upon advice from City attorney Krass , did acknowledge as a condition for settling the council ' s suit against the Mayor, that the owners of CBD property assessed in 1967 for the construction of said off-street parking lots do indeed hold an interest in same which, it was agreed, would be addressed with due process in any taking by MnDot. Enclosed please find 2 copies : one of excerpts from Minnesota case law establishing the principle of vested interests arising from special assessments; and the second, a copy of Minnesota Statute 459 . 14 , Subd. 1 , containing the proviso prohibiting the use of said off-street parking facilities for any other purpose than "the parking and storing of vehicles" . Which is to say, simply, that since the lots were created in partnership with the property owners for one specific purpose, and are jointly owned by said partners, the purpose of said lots cannot be diverted unilaterally by one partner without first dispensing with the other partner ' s interests. In this case, by due process . Sincerely, 0424 Mel and Dolores Lebens, CBD property owners who were assessed in 1967 , both for damages and for benefits . Tel 445 1532 459.14. Automobile parking facilities Subdivision 1. Acquisition of property. Any-eity-Df the second;-third,-or-fourth class;however erganizedi-and-any-statutory-city may-acquire-by--gift;-lease, purchase-cm condemnation.proceedings-anneal property within or without the-corporate-limits;or•anya. I 0 "inteleot theieini aleemed-byita-governing-body--tebelneeded-for-improving the.muaicipa:l ty's--regulatk n and-emttrol"-of'treffie- vu its= - providing; regtilstiiig 51-d operating on-street-or-off-street parking lanes or-areas,-and may- acquire-by-purchase or lease-parking-meters-or•otherparking.-or--_traffic contra' devices and may devote any property already owned by the municipality and devoted to other purposes to be used as a parking lane or area and may construct, or otherwise • provide, equip, maintain and operate automobile parking facilities and may expend • municipal funds for these purposes. Where all the bonds issued for a given project are wholly parable from the net revenue of all such operations, the proceeds of such bonds may be used for the acquisition, construction or improvement of automobile parking facilities by a resolution adopted by the governing body without an election notwithstand- ing any charter or statutory provision to the contrary. The term "automobile parking facilities" as used in this section includes lots, lanes, garages, ramps or other structures and accessories, including such meters and devices; such facilities may be surface -. .facilities above or under the ground. Prevtded that-nu pruduat vt -service-otherthan-the parking-of•-vehieles'8frd`the-tlelivery--thereof-shall-be-dispensed-or farmshed-at-or ifi+ try, Provided, further, that the municipality shall not convert to a parking facility any land conveyed to it on a condition restricting its use to some other purpose. Subd. la. Minneapolis, application. The provisions of this section shall apply in all respects to the city of Minneapolis, except that the authority granted thereby may be exercised by such a city only within its corporate limits. Subd. lb. St. Paul, application. The provisions of this section shall apply in all respects to the city of Saint Paul, except that the authority granted thereby may be exercised by such city only within its corporate limits. Subd. 2. Financing. Any such municipality may pay for any portion of the cost of providing automobile parking facilities by: (a) Appropriating moneys therefor as authorized in subdivision 1; (b) Levying a tax, not exceeding one-sixth of one mill in any one year, on all taxable property in the municipality; (c) Levying special assessments against benefited property; (d) Appropriating any or all net revenues derived from the operation of its parking facilities; (e) Classifying the users of such facilities as a subject for taxation, and imposing taxes thereon computed according to the extent of use of the facilities; (f) Imposing reasonable rates, rents, fees and charges for the use of any on-street or off-street parking privilege or facility, which may be in excess of actual cost of operation, maintenance, regulation and supervision of parking at the particular location where the privilege is exercised; (g) Leasing any off-street facilities at specified or determinable rents to be paid to the municipality under a lease made as hereinafter authorized and limited; (h) Borrowing money and issuing bonds as authorized and limited by subdivision 3; or (i) Any combination of all or any of the foregoing. Subd. 3. Bonds. Any municipality to which this section applies may issue bonds for the acquisition, construction, or improvement of automobile parking facilities. Any such bonds shall be authorized and issued and sold in the manner prescribed by the laws of this state or the charter of the municipality for the issuance and authorization of bonds thereof for public purposes generally, except as in this section otherwise provided. The amount of all bonds issued by any such municipality under this section shall not be included in the net indebtedness of the municipality or in any computation of the outstanding indebtedness of the municipality for the purpose of determining the limit of its net indebtedness. Bonds so authorized and issued may be made payable wholly from general ad valorem taxes levied in sufficient amounts upon all taxable properties in the municipality, or wholly from special assessments levied upon properties within one or more parking, benefit districts, or wholly from the net revenues of operations of on-street and off-street facilities, not exceeding the portion of such net revenue available therefor under the charter of the municipality, or such bonds may be made payable from any combination of such sources of income, as specified and defined in the resolution or ordinance authorizing their issuance; provided that bonds may be issued pledging the faith and credit of the municipality for the payment without the prior approval of a majority of the voters of the municipality voting thereon at an election ordered by the ft, governing body if special assessments have been or will be levied in an amount not less _than 50 percent of the amount of such bonds; and provided further that where such lion's are payable wholly from the net revenues of all such operations, the bonds may be • authorized, issued, and sold by a resolution adopted by the governing body without an { election notwithstanding any charter or statutory provision to the contrary. z [See main volume for text of subds. 4 to 61 Subd. 7. Special assessments, hearing. An automobile parking facility is a local improvement within the meaning, of sections 429.011 to 429.091 and, except as otherwise provided in this section, may be financed in whole or in part by special assessments levied _ in accordance with those sections. In apportioning such special assessments, the govern- ing body shall take into consideration the improvements on the land and the present and } potential use of the respective lots, pieces or parcels during the anticipated period of usefulness of the facility providing the benefits. If the governing body in levying such assessments determines that all or part of the benefited property is benefited to a lesser extent than other property, it may establish separate benefit districts for an improvement each comprising property benefited to a like extent, whether or not contiguous, and may provide either a different rate of assessment or, in lieu thereof, a different number of installments payable at such times as the governing body shall determine, subject only to the condition that the assessments for such benefit districts be made payable at such times as will permit the use thereof for payment of principal of and interest on any bonds issued for the improvement with respect to which they are levied. 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