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08/20/1991
MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: August 16, 1991 1 . Attached is an unofficial copy of the June 19 , 1991 minutes of the Energy and Transportation Committee meeting. 2 . Attached is the August 21, 1991 agenda for the Energy and Transportation Committee. 3 . Attached is correspondence from Jon Albinson, Valley Green Business Park, regarding Survey/Topo Work for Valley Green Business Park. 4 . Attached is correspondence from the Metropolitan Council regarding Shakopee' s Comp Plan Amendment. 5. Attached are the Revenue and Expenditure Reports as of July 31, 1991. 6. Attached is correspondence from Mayor Laurent to Norbert Theis regarding the City' s intent to investigate the annexation process. 7 . Attached is the Police Newsletter for Council review. 8 . The City has received applications for on-sale and Sunday intoxicating liquor licenses from Dangerfield' s Restaurant Inc. (for the Shakopee House) . 9 . Attached is correspondence from Terri Brinker and the families on Sapphire Lane regarding the request for street signs. The Public Works Department has already installed the signs and the concerned families are very appreciative. 10. Attached are the July 17 , 1991 minutes of the Scott County Economic Development Coalition meeting. 11 . Attached is a memorandum from the City Planner regarding redevelopment of the old McNearney funeral home on the NE corner of 4th Avenue and Lewis Street. 12 . Attached is a memorandum from the City Planner regarding a mediation update on the proposed McKenna Sand & Gravel Mine. 4kl Minutes of the Energy and Transportation Committee Regular Session June 19, 1991 Chairman Drees called the meeting to order at 7: 00 p.m. with Commissioners Otto, Drees, Case, Ward, Kelly and Reinke present. Commissioners Stolarcek, Mars and Roman were absent. Barry Stock, Assistant City Administrator, Dennis Ridley, Shakopee Dial-A-Ride Manager and John , Shakopee Dial-A-Ride driver were also present. Ward/Reinke moved to approve the minutes of the May 15, 1991 meeting as kept. Motion carried unanimously. Chairman Drees opened the public hearing on the proposed Vanpool fare increase. Mr. Stock stated that the City of Shakopee has not had a Vanpool fare increase since the programs inception in the fall of 1984 . Mr. Stock also noted that on March 1, 1991 the MTC increased their fare from $1.25 per passenger trip to $1. 50 per passenger trip. The monthly express pass was also increased from $50. 00 to $52 . 00. Mr. Stock reviewed a summary of the monthly fixed leasing cost for the vehicles in our program since 1984 . He noted that Vanpool leasing costs have increased approximately 60% . Subsequently, the Vanpool Farebox Recovery Ratio has continued to drop. It is presently approximately 11%. Mr. Stock stated that the Regional Transit Board has a Farebox Recovery Ratio Policy which specifies that all para-transit service must maintain a Farebox Recovery Ratio of 15%. Mr. Stock stated that the City of Shakopee is fortunate that the Regional Transit Board has treated the Vanpool program and Dial-A-Ride program as one individual program in terms of Farebox Recovery Ratio. In other words, the Dial-A-Ride program has been supporting the Vanpool program in terms of Farebox Recovery Ratio. Mr. Stock stated that he is concerned that the Regional Transit Board may select at any time to implement new policies, procedures and standards. He is aware of several communities who have been forced to amend their services because the Regional Transit Board selected to look at individual aspects of service in terms of applying the Farebox Recovery Ratio standard. Commissioner Reinke stated that several Vanpool riders in his Vanpool questioned why staff was proposing to increase the monthly fare to $55. 00 as compared to the MTC's new monthly fee of $52 . 00. Mr. Stock stated he simply applied the ratio difference between the current weekly fare and current monthly fare to the proposed weekly fare of $15. 00 to determine the new monthly fare. Commissioner Reinke stated that he thought there was some rule that stated that opt-out communities could not have higher fares than the MTC. Mr. Stock stated that he was not aware of any such rule. He did, however, note that it was well within the Energy and Transportation Minutes of the Page - 2 Energy and Transportation Committee June 19, 1991 Committee ' s responsibility to suggest an alternative fare than what is being recommended by staff. Chairman Drees stated that several of the Vanpool riders within his van also commented on the proposed $55. 00 monthly rate as compared to the MTC monthly fare. Chairman Drees stated that he thought it would be in the best interest of the City to maintain a monthly rate that was consistent with the MTC' s. He felt that this would do much to maintain good will between Vanpool users and the City of Shakopee. Commissioner Ward questioned the number of persons currently purchasing monthly passes. Mr. Stock stated that there are approximately 25 Vanpool users who pay by the month. Mr. Stock stated that if the Committee selected to decrease the monthly fare proposed by staff from $55. 00 to $52 . 00, it would only have an average monthly impact of $75 . 00 in additional revenues. Chairman Drees asked if there were any members from the audience who wished to comment on this matter. There were no comments presented. Otto/Reinke moved to recommend to City Council that the Vanpool Policy #20 be amended, increasing the Vanpool fares effective September 1, 1991 with weekly Vanpool fares increased to $15 . 00 per week and monthly fares increased to $52 . 00 per month. Motion carried unanimously. Mr. Stock stated that over the past three years the Shakopee Dial- A-Ride program has been providing limited service to the Southwest Metro Service area. Mr. Stock noted that this service was initiated by a mistake and that he recommending that action be taken to either develop a program that will respond to the need that has been identified or eliminate the service in its entirety. Mr. Stock stated that he has requested the Dial-A-Ride provider to prepare a service proposal for the Energy and Transportation Committee ' s review and consideration. Mr. Dennis Ridley reviewed with the Committee a proposed variable Dial-A-Ride route to the Southwest Metro Service area. Mr Ridley stated that the proposed service schedule was developed based on current ridership demand. Mr. Ridley stated that he is proposing that one vehicle be utilized to run on a semi-fixed route in Shakopee to transport Shakopee residents to Eden Prairie, Chanhassen and Chaska. He is proposing that this route be run at three different time intervals throughout the day. Mr. Ridley stated that he felt the proposed service would eliminate many of the problems that are being experienced at this time and would have no impact on the number of Dial-A-Ride denials in Shakopee. In fact, Mr. Ridley stated that proposed service would improve the overall level of Dial-A-Ride service in Shakopee. Mr. Stock suggested that the proposed variable Dial-A-Ride route be implemented on a six month demonstration project basis to the Southwest Metro area. Mr. Stock also stated that there may be the potential for a cost share arrangement to be developed between Minutes of the Page - 3 Energy and Transportation Committee June 19, 1991 Southwest Metro and the City of Shakopee for this program. Commissioner Case questioned whether Southwest Metro residents could utilize the propose service to get into Shakopee. Mr. Stock responded in the affirmative. Mr. Stock stated that since the vehicle will be coming back to Shakopee that it would be beneficial if we could carry Southwest Metro residents back to Shakopee. This would simply generate additional revenue. Mr. Ridley stated that he questioned if the Committee wanted to continue allowing persons who are developmentally disabled to use this service at the current 10¢ per trip rate. It was the consensus of the Committee that the 10¢ per trip charge presently being applied to the developmentally disabled be continued through the demonstration project. Commissioner Ward suggested that we monitor who the users are of this service during the demonstration project. She also suggested that perhaps it might be appropriate to develop a fare schedule based on ability to pay for the physically and mentally disabled. She felt that following the demonstration project, we would have a better idea of the users and whether or not such a fare policy would be necessary. Reinke/Case moved to implement the Dial-A-Ride variable route program on a six month demonstration basis to the Southwest Metro Service area as proposed by National School Bus staff effective immediately. Motion carried unanimously. Mr. Stock noted that approximately one week ago the transit managers from Shakopee, Plymouth and Southwest Metro met with representatives from National School bus to discuss Dial-A-Ride operational issues that are of concern at this time. Mr. Stock noted that the current Dial-A-Ride Agreement expires next April . However, there is a provision in the contract that would allow the City of Shakopee to extend the contract for three additional years. Mr. Stock stated that when he met with the National School Bus officials he made it clear that if there is not immediate response to some of the concerns raised by the transit administrators at this meeting, that he would not be opposed to recommend that the City of Shakopee advertise for new proposals this fall . Mr. Stock reviewed with the Committee the major issues that were presented by the transit administrators as concerns. These included, the appearance of the vehicles and their operating condition. Mr. Stock noted that the backup vehicle that has been utilized in Shakopee was in very poor condition. Since the meeting, Mr. Stock noted that a new backup vehicle has been placed into service. Mr. Stock stated that another immediate concern raised is the quality of dispatching. Mr. Stock stated that National School Bus representatives stated that they are implementing a new computer dispatching system that will alleviate some of the dispatching problems that are occurring at this time. Mr. Ridley stated that Minutes of the Page - 4 Energy and Transportation Committee June 19, 1991 he felt the major problem with dispatching was the lack of radio capacity on the existing radio frequency. Mr. Ridley stated that all three Dial-A-Ride systems are being dispatched on one radio frequency. He felt that each system should have their own dedicated frequency. Mr. Stock stated that he has discussed this item with National School Bus representatives and they are evaluating whether it is possible to obtain additional radio frequency space. Commissioner Reinke commented that he felt the drivers in the Shakopee Dial-A-Ride system have been doing an extraordinary job. Mr. Stock commented on the recently approved Americans With Disability Act, access ability requirements for public transit vehicles. He stated that if the rules and regulations for this act require all public transit vehicles to be handicapped accessible, it will certainly increase the cost of our service. Mr. Stock stated that he expects National School Bus to submit a request for an increase in the cost per hour of service. The expected request is based on the fact that fuel costs have increased and the existing vehicles may need to be placed as well as made handicapped accessible. Additionally, there may be other costs that will be incurred by National School Bus in regard to the improvement of the radio system. Commissioner Reinke questioned whether or not public transit systems are exempt from the federal and state gasoline taxes. Mr. Stock stated that it is not exactly clear whether public transit systems are eligible for a fuel tax refund. Mr. Stock stated that he will be applying for a 200 per gallon fuel tax refund that is available through the State Department of Transportation. He also expects that the Dial-A-Ride operator will be applying for the reduction under the aforementioned program. Mr. Stock stated that it may be possible for both the Vanpool and Dial-A-Ride program to utilize fuel purchased by the City of Shakopee. Mr. Stock stated that the City does have to pay state gasoline taxes when it acquires fuel. However, it is exempt from federal gasoline tax. Mr. Stock stated that he thought the 200 per gallon refund was comparable to the amount of federal taxes being collected and that we could not utilize both gas tax reduction options. Mr. Stock stated that he received a correspondence from the Regional Transit Board regarding the level of funds available for opt-out communities in 1991. Mr. Stock stated that in 1991, $195,754 . 00 will be available for the City's transit program. Mr. Stock noted that the 1991 budget for transit service is $235, 330. 00. This amount has been approved in the 1991 RTB contract. Mr. Stock noted that in 1990 there was $307, 864. 00 of transit funds available for Shakopee. The 1990 actual cost for service was $218,499 . 00. In 1990 we only used 70. 97% of the funds allocated to Shakopee. This amounted to $89, 365. 00 of unutilized Minutes of the Page - 5 Energy and Transportation Committee June 19, 1991 funds. Mr. Stock stated that in 1990 staff intentionally utilized less funds than what was available in anticipation of the cuts made in 1991. Mr. Stock noted that there are two reasons why there are less funds available in 1991 as compared to 1990. These include, the correction in the auditor's error that affects the amount of funds collected through the transit taxing district. Mr. Stock also noted that the HACA portion of funding has been reduced by nearly 50%. This, in itself, amounts to approximately a $30, 000 reduction. Mr. Stock stated that when the 1992 budget is being prepared, he will be recommending that the total transit budget be frozen at its 1991 level. Additionally, in 1991, staff may be recommending reductions in service. Discussion ensued on the Saturday Dial-A-Ride service. Mr. Stock noted that the subsidy per passenger trip on the Saturday Dial-A- Ride service is significantly higher than the weekday service. Mr. Stock stated that he is concerned that the Regional Transit Board may select to look at each individual transit component within our Dial-A-Ride program and select to apply the Farebox Recovery Ratio standards. If this indeed occurs, the Saturday Dial-A-Ride service would be well below the 15% Farebox Recovery Ratio. Commissioner Ward questioned whether or not it would be appropriate at this time to reduce the level of service on Saturday. Mr. Ridley stated that the majority of the Saturday Dial-A-Ride trips occur in the morning hours. He stated that if a reduction is to occur, he would recommend that the service be discontinued at 2 : 00 p.m. as compared to 5: 00 p.m. Mr. Stock stated that reducing the Saturday Dial-A- Ride service by four hours would save approximately $80. 00 per Saturday. This would equate to approximately $400. 00 per month. Mr. Reinke stated that if the service was discontinued at 1: 00 p.m. it would still allow Shakopee residents to utilize the Dial-A-Ride service to get to the Shakopee Town Square mall to catch the 1: 00 matinee at the movie theater. Discussion ensued on how it would be most appropriate to notify the Dial-A-Ride users of the possible reduction in the Saturday service. Mr. Stock stated that if the Committee wishes to reduce the level of service that a poster could be placed on the van immediately. Additionally, person calling in for Saturday service for the next several weeks could be advised that the service will be reduced. Discussion ensued on the effective date of any proposed reduction in service. Mr. Stock stated in order to provide adequate notice, he felt that it would be appropriate to have an effective date somewhere around the first weekend in July. Mr. Stock stated that he thought the level of request over the July 4th weekend for Saturday service would be minimal. Ward/Reinke moved to recommend that the Saturday Dial-A-Ride service hours be reduced to 9: 00 a.m. to 1: 00 p.m. effective July 6, 1991. Motion carried unanimously. Minutes of the Page - 6 Energy and Transportation Committee June 19, 1991 Mr. Stock informed the Committee that the Regional Transit Board is considering establishing new performance guidelines for Dial-A-Ride systems. He just wanted to keep the Committee up to date that these new guidelines may have an adverse impact on our program. Mr. Stock stated that he would monitor this situation as it progresses at the RTB. Mr. Stock noted that he is in the process of completing a new transit brochure that can be distributed on the Dial-A-Ride vehicles. It is also possible that the new brochure could be developed with a clip-off coupon for one week of free rides on the Vanpool program. Mr. Stock stated that he hoped to have the brochure completed by our next meeting. It was the consensus of the Committee that the July meeting of the Energy and Transportation Committee would be canceled. Chairman Drees moved to adjourn the meeting at 9 : 10 p.m. Motion carried unanimously. Barry Stock, Recording Secretary TENTATIVE AGENDA Energy & Transportation Committee Shakopee, Minnesota 7 : 00 P.M. August 21, 1991 Chairman Drees Presiding: 1. Roll Call at 7 : 00 P.M. 2 . Approval of Minutes - June 19 , 1991 3 . Closed Refuse Program 4 . Refuse/Recycling Request for Proposals 5 . Fall Yardwaste Program 6 . Informational Items: a. Recycling Monthly report b. Dial-A-Ride Monthly Report c. Dial-A-Ride Saturday Service Report d. Van Pool Monthly Report e. Business Update from City Hall f. Transit Brochure g. Southwest Metro Transit News h. VanPool Fare Increase Notice to Drivers 7 . Other business a. Next Meeting - September 18 , 1991 b. 8 . Adjournment Barry A. Stock Assistant Administrator CITY OF SHAKOPEE • A kgr ' Valley BUSINESS PARK August 6 , 1991 Mr. Dennis Kraft City Administrator CITY OF SHAKOPEE 129 East First Avenue Shakopee, MN 55379 Re: Survey/Topo Work for Valley Green Business Park Dear Dennis : The City is in the process of contracting for a comprehensive sewer analysis to accommodate the City' s planning for present and future sanitary sewer service. Part of that study will include research and analysis for the future Jackson interceptor which will extend along the south side of the Hwy. 101/169 Bypass . This will be used to serve the land in the Dean' s Lake area and to the west. In an effort to assist the City and the consultant chosen in their efforts , enclosed are copies of a new survey covering most of the land currently owned by Valley Green Business Park Limited Partnership as well as 2 ' topographic maps for all of the land within the survey. We understand that this interceptor will probably extend through the south side of the land which we currently own. We would hope that this survey and topographic work will assist in this process and hopefully save the City and the taxpayers of Shakopee some expense for information that needs to be generated for this study. If there are other areas or information from which the City may benefit that is in our possession, we would welcome the opportunity to provide this to you and assist in any way possible so that the comprehensive sewer study is completed in a timely manner and within budget. Please let us know if we may help in other areas . Respectfully, ,VVA ,LEY GREEN BUSINESS PARK (_;167L / n R. Albinson Project Director JRA: jmxm-12 . 7 Enclosures cc : Gary Laurent (w/o encl . ) 5276 al Boule. . .)pee .on, -443 (r It METROPOLITAN COUNCIL Mearc Park Centre, 230 East Fifth Street, St. Paul, MN 55101-1634 612 291-6359 FAX 612 291-6550 TTY 612 291-0904 August 5, 1991 Mr. Dennis R. Kraft, City Administrator City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379-1376 RE: Shakopee Plan Amendment 1990-2000 Comprehensive Plan Metropolitan Council District 14 Metropolitan Council Referral File No. 14159-6 Dear Mr. Kraft: The Metropolitan Council staff has reviewed the Shakopee comprehensive plan amendment received by the Council on July 23, 1991. We have determined that the proposed amendment is incomplete for Council review. The transportation section of the plan includes a Roadway Functional Classification map which is not dated. This map or section of the plan is also missing current and forecasted traffic volumes on major roads. The wastewater section of the plan does not include documentation to support 1990 wastewater flow figures that exceed MWCC meter flow records by over 1.5 million gallons per day. There are no maps showing areas that arc unsuitable for conventional on-site septic systems or the location of existing wastewater treatment systems. The plan does not describe conditions under which private or community systems would be allowed, including installation and management requirements and government responsibilities for these systems should they fail. The surface water quality section of the plan needs to be more specific. Shakopee lies entirely within the drainage area of the Minnesota River. The city will need to indicate its intent to cooperate with the watershed management organizations in addressing the 1990 EPA and MPCA mandate that nonpoint pollution in the Minnesota River be reduced by 40 percent from 1980 levels to meet state water quality standards. The goal is to be accomplished by July 1, 1996. Additionally, the city should indicate intent to comply with the Governor's Executive Order 91-3 in following a NO-NET-LOSS policy relative to wetlands within the state. The plan amendment is missing land use data and maps that relate to vacant land and lands restricted for development. These items are critical to our evaluation of changes to the MUSA. The Council requests that the City of Shakopee provide the missing data and materials noted above so that the Council can determine the potential impact of this plan amendment upon the metropolitan systems. The Council also notes that the County State Aid Highway(CSAH) 18 issue is not addressed in this plan amendment. You indicate in your letter of submission that additional information will that if such material is submitted for review that it would have to be addressed as a separate amendment. However, if the city desires that it be a part of this plan review, the comprehensive plan document must be withdrawn and be revised to reflect CSAH 18 and its impacts on land use and other systems. This is necessary so that both the Council and other agencies understand specifically what constitutes the Shakopee Plan and have adequate time for review of what is being proposed. The Council cannot act on the proposed plan amendment until it receives the needed information, and the review period for the plan amendment will not begin until the requested information has been supplied. We would be happy to meet with you to explain these issues further Sithat the plan amendment package can be made kllc ic. If you have any questions ns about this matter, please contact Robert Davis, principal reviewer, at 291-6317. Sincerely, vc ,,,,A„).„6 ,42„,nito n' ry E. Anderson air MEA: cc: Bonnie D. 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The City of Shakopee recognizes the sensitivity surrounding this issue and would therefore like to work with you very closely to insure that this process does not unnecessarily upset constituents in Jackson Township and/or Shakopee. The City of Shakopee is currently experiencing extreme pressure for ,4 residential development North of the proposed Southerly by-pass. At the present time, our inventory of available residential lots for development within the Metropolitan Urban Service Area is rapidly being depleted. Additionally, in order to accommodate housing growth North of the proposed Southerly by-pass, we are in the process of completing infrastructure improvements that are essential for orderly development. These infrastructure improvements include major roadway improvements and storm water collection systems. Finally, vacant property North of Tahpah Park is very difficult to develop without the extension of these improvement projects from their current termination point South of the Senior High School West to Tahpah Park. The area in between these two points presently lies within Jackson Township. It was these issues that stimulated Council discussion on the possible development of an orderly annexation agreement with Jackson Township. I will be calling you within the next week to set up a meeting to discuss how we might proceed in facilitating an agreement that would be mutually beneficial to the residents of Jackson Township and the City of Shakopee. Let me assure you that it is our desire to work with you as closely as possible so that all concerns are adequately addressed. Sincerely, '\'(�77/), rent Gary L. Lau Mayor GLL:trw The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER a Dear City Council, I am writing in regards to having some Street signs put on our residential street. We are having alot of trouble with people driving through at very fast speeds and we are concerned because we have several children throughout the neighborhood. We are also having alot of trouble with some of the teenagers driving very fast and passing other vehicles on our street. I have enclosed a sheet of paper with just some of the neighbors signatures requesting these signs. A sign with a speed limit and a sign letting people know children playing would be greatly appreciated. We ask that you give this great consideration to protect our children and other people out enjoying the neighborhood. Thank You, c'j&t/t<--. 61-e441/1) Terri Brinker and the families on Sapphire Lane 7thCLJk(Q",6671 --1, )26,e,L7L A/PkiLt— 3. +Lk, )Lan \, 21,ISk 11 4-keiLezif 12) - '1( I 5) rtiflit fla-A NS- 644P114\ 7/)/)40,,fe 11 (ftuiteL .faAvY\y-\9„6_2(2,0-- .44 I o SCOTT COUNTY ECONOMIC DEVELOPMENT COALITION MEETING MINUTES JULY 17, 1991 Members in Attendance: Barry Stock, Jon Westlake, Jim Parsons, John Heald, John Breitbach, Colleen Jones, John Albinson, and Kay Schmudlach Guests Present: Jeannie Robbins, Nat Wisser, Bob Heck and Bill Stanway The fourth meeting of the SCEDC was called to order at 8:00 a.m. on July 17 , 1991 in the Prior Lake City Hall Community Room. I . Approve Minutes of the May 15, 1991 and June 19, 1991 SCEDC Meeting MOTION BY JOHN BREITBACH, SECONDED BY KAY SCHMUDLACH, TO APPROVE THE MINUTES AS WRITTEN. THE MOTION PASSED UNANIMOUSLY. II. Treasurer's Report Kay reported that the checking account balance is now $5,931.25. The outstanding organizations to date are: City of Savage, Marquette Bank - Shakopee and New Prague EDA. Kay was asked to send a reminder to each. Colleen Jones reported that she had the $500 check from the New Prague EDA. John Albinson requested a correction: Valley Industrial Park name should be changed to Valley Green Business Park. III. Appointment of Additional Offices There were no additional appointments to be made at this meeting. IV. Update on Joint Powers Agreement Approval Barry Stock reported that he had been in contact with Brian Nasi from Scott County. Brian is an attorney in the Scott County Attorney's Office. Brian has some questions regarding the Joint Powers Agreement. 1 Kay reported that her council had not been requested to approve the Joint Powers Agreement because of the changes that Prior Lake legal counsel had identified. Barry reported that his council had approved the Joint Powers Agreement as written. Following the discussion Barry appointed himself, Kay, Jon Westlake, Brian Nasi and the legal counsel from both Shakopee and Prior Lake to review the Joint Powers Agreement and come up with a consensus on the necessary changes. This committee meeting will be held prior to the next SCEDC meeting. Barry also reported that he had requested signature pages from the original approved Joint Powers Agreement. Each member who is a representative of a city is asked to facilitate that as soon as possible. V. Discussion with Bob Heck and Bill Stanway Regarding SBA Loans and Processing Barry introduced Bob Heck and Bill Stanway and asked each one to talk about their respective programs and their relationship with the SBA. Bob Heck initiated the conversation and reported that he is the Executive Director of the Twin Cities Metro Certified Development Company. Certified development companies are agencies of the SBA and are the actual lender in the SBA process. Bill Stanway is the Director of the Regional SBA and is the person who authorizes the governmental guarantee for the SBA loans. The committee requested that the gentlemen elaborate on the difference between a 7A and the 504 programs. Mr. Stanway reported that a 7A program has different qualifications as elaborated on in the brochures he distributed. The 7A program is operated from a bank to the SBA directly and does not have to go through a CDC agency. The difference with the 504 program is the qualifications and also the 504 program has to be approved by a local CDC. Scott County's CDC is the Twin Cities Metro Certified Development Company. Scott County also has the option to use the Omini Program which is a statewide organization. However, Mr. Stanway and Mr. Heck pointed out that Omini would prefer to have the cities go through their designated CDC. The Omini Program should be used only for public entities that are not represented by a local CDC. Mr. Heck elaborated on the benefits of having a membership with the Twin Cities Metro Certified 2 Development Company and agreed to provide any additional information to facilitate the committee's decision on that. The gentlemen left the meeting and the committee continued to discuss the benefits of joining the Twin Cities Certified Development Company. The conclusion was that the committee would make up their mind on a membership at the next meeting. VI . Progress on One Year Work Program Barry reported that the subcommittees had not met since the last meeting. The committee discussed whether they should host an economic development day or development tour some time this Fall . The conclusion was that the committee is not ready for this and it would be premature because of the lack of progress with the Bloomington Ferry Bridge. The committee agreed to plan this activity approximately a year from this Fall . VII . Other Business The next meeting of the Scott County Economic Development Coalition will be on August 21, 1991 at 8 : 00 a.m. in Prior Lake City Hall . VIII . Adjournment The meeting adjourned at approximately 9 : 45 a.m. 3 SCOTT COUNTY ECONOMIC DEVELOPMENT COALITION MEMBERSHIP - 1991 Jordan EDA 6-05-91 $500. 00 Scott County HRA 6-05-91 $500. 00 City of Belle Plaine 6-05-91 $500. 00 Prior Lake State Bank 6-05-91 $500. 00 City of Shakopee 6-05-91 $500. 00 Signal Bank - Savage 6-05-91 $500.00 Valley Green Business Park 6-06-91 $500.00 Marquette Bank - New Prague 6-05-91 $500.00 Valley Bank of Minnesota/Jordan 6-05-91 $500.00 State Bank of Belle Plaine 6-05-91 $500. 00 City of Prior Lake 6-19-91 $500. 00 State Bank of New Prague 6-19-91 $500. 00 New Prague EDA 7-19-91 $500. 00 **Outstanding membership fees: 1. City of Savage 2 . Financial Institutions in Shakopee 3 . Scott County "SCEDCM" 11 MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S . Ekola, City Planner L.K/ RE: Redevelopment of the old McNearney Funeral Home Northeast corner of Fourth Avenue and Lewis Street DATE: August 16, 1991 NON AGENDA INFORMATIONAL ITEM: On August 16, 1991 staff met with Terry Williams of the Scott- Carver Affordable Housing Coalition to discuss the reuse of the old McNearney Funeral Home. The Coalition has proposed to convert the structure into a four-plex which is intended to be rented to single women with children for long term housing purposes. Staff has identified the lack of parking as a potential issue in the redevelopment of this property. The existing structure covers the majority of the site. If the applicant proceeds a variance would likely be required. A four-plex is a permitted use in the R-3 district. The subject site is zoned R-3 . If a group home were proposed instead of a four-plex (four separate dwelling units) a conditional use permit would be required. Based on the available information at this time staff believes that the proposed use would be a four-plex structure. LSE/jms /;2_ MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner y RE: Mediation Update Proposed McKenna Sand and Gravel Mine DATE: August 15, 1991 NON AGENDA INFORMATIONAL ITEM: Three mediation meetings have been held for the proposed McKenna Sand and Gravel Mine. The dates of the meetings have been July 31st, August 7th and August 14th. The next scheduled mediation meeting is set for Wednesday, August 28, 1991. In preparation for the August 28th meeting, the Metropolitan Council staff is working with the Minnesota Pollution Control Agency to gather additional technical information on the proposed operation. The information from the PCA is expected to be completed by this meeting date. On Wednesday, August 14 , 1991, the City of Prior Lake requested that the Metropolitan Council initiate the metropolitan significance review process for the proposed McKenna Sand and Gravel Mine. The metropolitan significance review request was forwarded to the Metropolitan Council with the intent of preserving this option but delaying its use for as long as possible. The Chair can request that a 30 day mediation period be set prior to making a final ruling on the metropolitan significance for the project. The mediation process will continue during this 30 day time frame. Attached is a copy of the Prior Lake resolution on the request for a metropolitan significance review. LSE/jms 08.'15/91 10: 20 CITY PRIOR LAKE CJ004 PRIOA. HERITAGE COMMUNITY c1/` its 1891 1991 209> RESOLUTION 91-32 RESOLUTION REQUESTING METROPOLITAN SIGNIFICANCE REVIEW BY THE METROPOLITAN COUNCIL IN ACCORDANCE WITH MINNESOTA STATUTE 473 . 173, AND MINNESOTA RULES CHAPTER 5800. 0060 SUBPART 1, SECTION B, OF THE MCKENNA SAND AND GRAVEL MINE WITHIN THE CITY OF SHAKOPEE MOTION BY LARSON SECONDED BY SCOTT WHEREAS, the City Council of Prior Lake was given notice on June 14, 1991, of a proposed sand and gravel mining operation by McKenna Sand and Gravel Company whose address is 8221 Horizon Drive, Shakopee, MN 55379 and consisting of forty (40) acres located adjacent to and directly north and east of McKenna Road and the City boundary of Prior Lake; and WHEREAS, the City Council of Prior Lake has determined that in accordance with Minnesota Rules Chapter 5800.0040 Subpart 3 , Section A, the sand and gravel mining operation may have detrimental effects on the City of Prior Lake and the Shakopee Mdewakanton Sioux Community also in the City of Prior Lake and located directly adjacent to and west of the proposed operation as follows: (a) Land Use - the mining operation will produce substantial dust, noise, and visual pollution that will compromise the quality of life currently experienced by the Mdewakanton Sioux Community, negatively affect the character of the surrounding residential and farming community, and greatly reduce land use options for vacant land in the area. (b) Traffic - the EAW has not adequately addressed the affect the volume of traffic will have on area land use, the problems resulting from assimilating mine traffic with the predominately passenger traffic of County Road 42 , internal mine traffic, regional mine access, hours of operation, and noise generated by accelerating trucks. Furthermore, the EAW inadequately addresses truck and equipment generated pollution such as dust and vehicle related air contaminants and fails to provide prudent design and access alternatives. • 4629 Dakota St. S.E.. Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 08/15/91 10:21 CITY PRIOR LUKE' Z005 (c) Reclamation Plan - the reclamation plan provides no assurance that the work will be done in a timely manner; and WHEREAS, not more than 30 days have elapsed since the City of Shakopee rendered a negative declaration on the Environmental Assessment Worksheet filed by McKenna Sand and Gravel Company. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF PRIOR LAKE, that this Resolution be forwarded to the Metropolitan Council for review and consideration. Passed and adopted this 14th day of August , 1991. YES NO Andren X Andren Fitzgerald Fitzgerald X Larson X Larson Scott X Scott White AT�sent White ABnt - {Seal) D. Kay Schmudlach Assis tnt City Manager City of Prior Lake TENTATIVE AGENDA ADJ.REG. SESSION SHAKOPEE, MINNESOTA AUGUST 20 , 1991 Mayor Gary Laurent presiding 1] Roll Call at 7 : 00 P.M. 2] Approval of Agenda 3] Recess for H.R.A. Meeting 4 ] Re-convene 5] Liaison Reports from Councilmembers 6] Mayor' s Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *9] Approval of Minutes of August 6, 1991 10] Communications: 11] 7 : 00 P.M. Public Hearing to consider the revocation of Conditional Use Permit No. 376 issued to Scott County Lumber/Bert Notermann (A.K.A. NBZ , Inc. ) 12] Boards and Commissions: Planning Commission: a] Amending the Zoning Regulations Relating to the Storage of Firewood - Ord. No. 314 *b] Revocation of Conditional Use Permit No. 591 - Harry Weinandt - Res. 3444 c] Application for Rezoning from Jack and Doris Brambilla d] Final Plat of Eagle Creek Junction 3rd - Res. No. 3443 13 ] Reports from Staff: a] Turtle ' s Liquor License Violation (Res. No. 3447) b] Swimming Pool Improvements c] T.H. 169 Bridge and Mini Bypass d] Comprehensive Sewer Plan e] Offsetting Special Assessments With Condemnation Awards f] Removal of Stop Sign TENTATIVE AGENDA August 20 , 1991 Page -2- 13 ] Reports from Staff continued: *g] Sale of Lots 3 & 4 , Block 52 , Shakopee City *h] Sale of Property - 5th Avenue/Market Street *i] Approve Bills in Amount of $416, 342 . 50 j ] Petition for Street Light at 6th and Harrison *k] Southwest Metro Drug Task Force - Res. No. 3454 *1] Police and Fire Training - Res. No. 3455 14] Resolutions and Ordinances: *a] Res. No. 3448 - Consenting To A Special Tax Levy By The Housing And Redevelopment Authority *b] Res . No. 3449 - Authorizing Sale Of $1, 725, 000 General Obligation Improvement Bonds, 1991A *c] Ord. No. 316 - Renaming Roundhouse Circle *d] Ord. No. 317 - Redefining "Misdemeanor" *e] Res. No. 3450 - Accepting Work on Lewis Street Project No. 1990-5 *f] Res. No. 3451 - Accepting Work on Adams Street Project No. 1990-3 *g] Res. No. 3452 - Setting A Hearing on the Sidewalk Replacement Program Project 1991-7 15] Other Business: a] b] c] d] 16] Adjourn to Tuesday, August 27 , 1991 Dennis R. Kraft City Administrator CITY OF SHAKOPEE Fra. INCORPORATED 1870 40 KOF 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612) 445-3650 F ,A? August 14 , 1991 Members of the Shakopee Housing and Redevelopment Authority 129 East 1st Avenue Shakopee, Minn. 55379 Joe Zak, Chairman of the H.R.A. , has notified me, Judith S. Cox, City Clerk of the City of Shakopee, that a Special Session of the H.R.A. will be held at 7 : 00 p.m. on Tuesday, August 20, 1991, for the purpose of adopting a resolution requesting the Shakopee City Council to consent to the levy of a special tax by the H.R.A. in and for the City of Shakopee; and to consider increasing the levy by 3% ; and to consider any other business which may come before the H.R.A. Respectfully, l (', J,ijith S. Cox, City Clerk C: Shakopee Valley News Cable Company KCHK City Hall Bulletin Board The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLC"E. TO: Dennis Kraft, HRA Director FROM: Gregg Voxland, Finance Director RE: 1992 Tax Levy Resolution DATE: August 14, 1991 Introduction and Background Attached is Resolution Number 91-1 which requests the Shakopee City Council to consent to the tax levy for the HRA. The levy is the maximum allowed which is a 3% increase over last year or $31,930. Action Offer Resolution Number 91-1, A resolution requesting the Shakopee City Council to consent to the levy of a special tax by the Housing and Redevelopment Authority in and for the City of Shakopee, and move its adoption. RESOLUTION NO. 91-1 A RESOLUTION REQUESTING THE SHAKOPEE CITY COUNCIL TO CONSENT TO THE LEVY OF A SPECIAL TAX BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE WHEREAS, the Housing and Redevelopment Authority in and for the City of Shakopee was created pursuant to Minnesota Statutes, Section 462.411 et. seq. , as amended, and WHEREAS, Minnesota Statutes 1965, Section 462.545 designates all the territory within the area of operation of the authority as a taxing district for the prupose of levying and collecting a special benefit tax, and WHEREAS, Section 462.545 states that the governing body of the municipality must give its consent to such a tax levy. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSING AND REDEVLOPMENT AUTHORITY OF THE CITY OF SHAKOPEE, MINNESOTA, that the Housing and Redevelopment Authority hereby requests the City Council of the City of Shakopee to consent to the special tax levy of $31,930 payable 1992 by the Housing and Redevlopment Authority in and for the City of Shakopee. Adopted in session of the Shakopee Housing and Redevelopment Authority of the City of Shakopee, Minnesota, held this day of , 1991. Chairman ATTEST: Executive Director Approved as to form City Attorney TO: Dennis Kraft, HRA Director FROM: Gregg Voxland, Finance Director RE: 1992 Budget Adoption Resolution DATE: August 14, 1991 Introduction and Background Attached is Resolution Number 91-2 which adopts the Shakopee HRA General Fund budget for 1992. The HRA should discuss and make changes as they deem necessary. Action Requested Offer Resolution Number 91-2, a resolution adopting a General Fund Budget for 1992 and move its adoption. RESOLUTION NO. 91-2 A RESOLUTION ADOPTING A GENERAL FUND BUDGET FOR 1992 WHEREAS, the By-Laws os the Housing and Redevelopment Authority in and for the City of Shakopee provides that a budget be prepared on an annual basis. NOW, THEREFORE, BE IT RESOLVED, that the attached General Fund Budget be approved for 1992 with total appropriations in the amount of $65,360. Adopted in session of the Housing and Redevelopment Authority in and for the Cith of Shakopee, Minnesota, held this day of 1991. Chairman of the Housing Authority ATTEST: Executive Director Approved as to form City Attorney OFFICIAL PROCEEDINGS OF SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 6, 1991 Mayor Laurent called the meeting to order at 7 : 00 p.m. with Cncl. Vierling, Zak, Sweeney, Clay and Wampach present. Also present were Dennis Kraft, City Administrator; Barry Stock, Asst. City Administrator; Lindberg Ekola, City Planner; Dave Hutton, City Engineer; Karen Marty, City Attorney; and Judith S. Cox, City Clerk. The following items were added to the agenda: 13a - Park and Recreation Staffing 13b - Resolution 3441 13c - Space utilization at new City Hall. Clay/Sweeney moved to approve the agenda as amended. Motion carried unanimously. Mayor Laurent presented a 30-year recognition award to Sergeant Richard Kaley for 30 years of service to the City of Shakopee. Mayor Laurent recessed for an HRA meeting at 7:04 p.m. Mayor Laurent reconvened the City Council at 7:26 p.m. Liaison reports were given by Councilmembers. Mayor Laurent gave the Mayor' s report. Mayor Laurent asked if there was anyone present who wished to address anything not on the agenda. There was no response. The following items were added to the consent business: lla - Engineering CAD Hardware 12b - Resolution 3434 12d - Resolution 3436 13b - Resolution 3441 Sweeney/Zak moved to approve the consent business as amended. Motion carried unanimously. Sweeney/Zak moved to approve the minutes of July 16, 1991. (Motion approved under consent business) . Mayor Laurent opened the public hearing on the proposed railroad closing at Naumkeag Street. Dave Hutton reviewed the proposal to close Naumkeag Street at the railroad crossing. He said the railroad will not allow the City to open another crossing unless an existing one is closed. He said it is desirable to have a crossing at Market Street since Market Street is currently a through street all the way to 10th Avenue. Official Proceedings of the August 6, 1991 Shakopee City Council Page -2- Mayor Laurent read a letter from Happy Chef regarding their opposition to the closing of Naumkeag. John Doescher, Happy Chef Restaurant, Maple Grove, said he talked to people in the surrounding neighborhood and presented a petition with 100 names stating their opposition to the closing. Laverne Anderson, Naumkeag Street, said he feels it should be closed. Debbie Snyder, Market and 3rd Street, said she is opposed because then it would turn Market Street into a through street which residents are opposed to. She stated she is opposed to the closing of Naumkeag Street. Bob Shaw, Bloomington, said he is opposed to the closing of Naumkeag Street as it would limit the access to his apartment buildings south of the railroad tracks on Naumkeag Street. Glenn Thompson, Happy Chef, asked the Council to reconsider the closing of Naumkeag Street as he believed it would cause financial losses for his restaurant. Sharon Anderson, employee of Happy Chef, said she is opposed to the closing Naumkeag Street because she believes it will affect the business. Jeanine Anderson, Naumkeag Street, said she would like to have Naumkeag Street closed, she feels it is a hazard. Mayor Laurent closed the public hearing at 8 : 05 p.m. Cncl. Sweeney said he feels it would be to the City's advantage to close Naumkeag and open Market Street as it would be the most desirable for the traffic flow in the City. Cncl. Vierling concurred with Cncl. Sweeney. Cncl. Zak said he feels it will affect the business of Happy Chef and would like to see it remain open. Zak moved that Naumkeag Street remain open. Motion died with lack of second. City Council took no action to reverse an earlier decision to request the railroad to open the crossing in Market Street in exchange for the closing of Naumkeag Street. Mayor Laurent called a 15 minute recess at 8: 15 p.m. Mayor Laurent reconvened the meeting at 8 :25 p.m. Official Proceedings of the August 6, 1991 Shakopee City Council Page -3- Vierling/Sweeney moved that a resolution be drafted supporting the concept of a transportation utility as a funding source for financing local street reconstruction and that copies be sent to the City Engineer's Association and to the League of Minnesota Cities. Motion carried unanimously. Wampach/Vierling moved to receive and file the letter from James A. Terwedo on his official notification to the City of the County's termination of the prosecution agreement. Motion carried unanimously. The City Planner reviewed the status of the interim ordinance study area located southwest of the high school. He reviewed the nine options available to the City. Staff has selected Option 3 as being the best for the Upper Valley Drainage System. Sweeney/Vierling moved to accept the Municipal Improvement Report dated June, 1991 and approve the location of the Upper Valley Drainage System and the two collector streets as identified in said report for the Interim Ordinance Study area (3c) . Motion carried unanimously. Cncl. Sweeney addressed another issue of the 77 alignment and the dust problem. The soil is very fine sand and the County has had many complaints. A partial area is shared with Jackson Township and he thinks we should look at 77 as an early improvement so as to get away from the dust problem. Sweeney/Vierling moved that staff begin negotiations with Jackson Township to pursue orderly annexation. Motion carried unanimously. Sweeney/Zak offered Resolution No. 3433, A Resolution Amending Resolution No. 3309 Adopting the 1991 Budget, and moved for its adoption. (Motion approved under consent business) . Sweeney/Zak moved to approve the purchase of a 486-25Mhz PC from PC Tailors for a cost of $3, 575 and AutoCAD and DCA software from Digital Resource for $2 ,735 for a total cost of $6, 310. (Motion approved under consent business) . Sweeney/Zak moved to accept the proposal of Jaspers, Streefland & Company for 1991 audit services in the amount of $8, 300 and that the City Administrator is authorized to execute the Understanding of Engagement. (Motion approved under consent business) . Vierling/Clay moved to direct staff to proceed with the process of issuing improvement bonds in 1991 with the tax levy to start for 1991/92 . Motion carried unanimously. Sweeney/Zak moved to declare the property on the attachment as surplus property and authorize staff to retain an auctioneer to hold an auction to dispose of the property (CC DOC #188) . (Motion approved under consent business) . Official Proceedings of the August 6, 1991 Shakopee City Council Page -4- Vierling/Clay moved to approve the bills in the amount of $1, 731,536. 86 which includes bond defeasance in amount of $1, 526,532 . 50. Motion carried unanimously. Sweeney/Zak moved to authorize the proper city officials to execute an Assessment Agreement between the City of Shakopee and the County of Scott for the assessment of the property in Shakopee for the 1992 assessment year in the amount of $28,900. 00. (Motion approved under consent business) . Sweeney/Zak moved to authorize the appropriate City officials to execute the proposed Labor Agreement between Teamsters Local 320, Police Officers, and the City of Shakopee effective January 1, 1991 through December 31, 1991. (Motion approved under consent business) . Sweeney/Zak moved to appoint Raymond Erlandsen to the full-time position of police sergeant. (Motion approved under consent business) . Sweeney/Zak moved to remove the application of Kenneth D. Berg for an on sale non-intoxicating malt liquor license from the table. (Motion approved under consent business) . Sweeney/Zak moved the approve the application and grant an on sale non-intoxicating Malt Liquor License to Kenneth D. Berg, 222 East 1st Avenue, Shakopee, Minnesota. (Motion approved under consent business) . Sweeney/Zak offered Resolution No. 3442 , A Resolution Amending Resolution No. 3427, A Resolution Approving the Final Plat of Weinandt Acres 2nd Addition, and moved for its adoption. (Motion approved under consent business) . Sweeney/Zak offered Resolution No. 3434, a Resolution Approving Plans and Specifications for S. P. 70-618-08, Phase I of the Bloomington Ferry Bridge Project, and moved for its adoption. (Motion approved under consent business) . Sweeney/Zak offered Resolution No. 3435, a Resolution Accepting Work on the Sidewalk Replacement Program, Project No. 1990-11 and moved for its adoption. (Motion approved under consent business) . Sweeney/Zak offered Resolution No. 3436, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the 1991 Pavement Preservation Program, Project No. 1991-6, and moved for its adoption (Motion approved under consent business) . Sweeney/Zak offered Resolution No. 3437, A Resolution Apportioning Assessments Among New Parcels Created as a Result of Platting of the Meadows 5th Addition, and moved for its adoption (Motion approved under consent business) . Official Proceedings of the August 6, 1991 Shakopee City Council Page -5- Sweeney/Zak offered Resolution No. 3438, A Resolution Amending Resolution No. 3205, A Resolution Adopting Assessments for Market Street, 1st Avenue to Bluff Avenue, Alley in Block 55, Alley in Block 81, Alley in Block 102, Alley in Block 7, Project No. 1988-6, and moved for its adoption. (Motion approved under consent business) . Clay/Vierling offered Resolution No. 3439, A Resolution Accepting Bids on the Warming House/Picnic Shelter in JEJ Park, Project No. 1991-5, and moved for its adoption. Motion carried unanimously. Sweeney/Zak offered Resolution No. 3440, A Resolution of the City of Shakopee, Minnesota, Amending the Personnel Policies for the City Set in Resolution No. 1571, as Amended, To Add One New Section Relating to Special Leave Without Pay, and moved its adoption. (Motion approved under consent business) . Vierling/Zak moved to offer Ordinance No. 315, an Ordinance submitting to the voters the question of whether the City Council should be reduced from six to five members, and moved for its adoption. Motion carried unanimously. Discussion ensued on whether or not the Mayor's term should be for four years instead of two years. Cncl. Sweeney stated that he thought it must be decided by a vote of the people. It was consensus that it should not be put on the same referendum at this time. Sweeney/Clay moved to amend the 1991 budget to show an increase in recreation revenue of $4, 200 and an increase in Park and Recreation expenditure of $6, 250, and to hire a temporary employee to assist with the fall and winter Park and Recreation Programs. Motion carried with Cncl. Vierling abstaining because she was absent for the discussion during the Committee of the Whole meeting held earlier. Sweeney/Zak offered Resolution No. 3441, A Resolution Authorizing the Sale of Certain Real Estate Herein After Described As Lots 3 and 4, Block 52, Original Shakopee Plat, and moved for its adoption. (Motion approved under consent business) . Sweeney/Vierling moved to direct staff to enter into an agreement with the joint prosecution group to rent space in the new City Hall. Motion c Tied unanimously. J�tclialt h S. Cox, C"ityl Clerk Carol L. Schultz, Recording Secretary i p oD ! Tl ° N 9 Official Proceedings of the August 6, 1991 Shakopee City Council Page -6- Mayor Laurent recessed the meeting, at approximately 9: 15 P.M. , for an executive session to discuss pending litigation. Mayor Laurent re-convened the meeting at 9:37 P.M. The Mayor announced that no action was taken by the City Council during the executive session. Sweeney/Vierling moved to adjourn to Tuesday, August 20, 1991 at 7: 00 P.M. Motion carried unanimously. The meeting adjourned at 9: 37 P.M. ‘Atttik. .J .p,x___ u ith S. Cox .ty Clerk Carol Schultz Recording Secretary Z I MEMO TO: Dennis R. Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Revocation of Conditional Use Permit No. 376 - N.B.Z. , Inc. (f/k/a Scott County Lumber) DATE: August 6, 1991 INTRODUCTION: On April 5, 1988, the City Council approved Conditional Use Permit Resolution No. 376 for Scott County Lumber (a/k/a N.B.Z. , Inc. ) to allow a sand and gravel mining operation on an agriculturally zoned property. This property is located south of County Road 16 and west of county Road 83 . (See Exhibit 1. ) One of the conditions of this permit was that the operation be reviewed annually by staff and that the permit be renewed every three years. However, a review prior to their scheduled annual review can be required if the City receives complaints supported by evidence that the conditions of the permit are being violated. Recently, the City has received such complaints. The purpose of this public hearing is to review the Conditional Use Permit and determine if the violations of the conditions warrant revocation. Renewal of this permit, along with an amendment to install two security lights on the property (See Exhibit 2 . ) , were approved at the May 9, 1991, Planning Commission meeting. BACKGROUND: In early June, 1991, the City received four complaints that a ready-mix facility was being installed on the site. In response to these complaints, City staff made an inspection of the property and confirmed that the complaints were valid. On June 13 , 1991, the City Administrator sent a letter to Mr. Tom Zwiers stating that a ready-mix operation was not permitted on the site. He informed Mr. Zwiers that the Conditional Use Permit allowed for mineral extraction and land rehabilitation operations only, and that the agricultural zoning district regulations do not allow a ready-mix facility as either a permitted or a conditional use. He directed Mr. Zwiers to remove the ready-mix facility by June 24 , 1991, or face the possibility of legal action. On July 3 , 1991, Anthony J. Gleekel of Siegel, Brill, Greupner & Duffy, P.A. , sent a letter to the City Administrator stating that ABR, Inc. (the owner of the portable ready-mix plant) had agreed to dismantle the plant, but that they would need to store the dismantled plant on the site for up to 45 days while they searched for an alternative site. In several conversations with Mr. Kraft, and with the City Attorney, Mr. Gleekel repeated this agreement. On July 25, 1991, the City Attorney sent Tom Zwiers a letter regarding the continuing operation of the ready-mix plant. She stated that if the plant were not removed from the site by July 31, 1991, the City would advertise for a public hearing to consider revocation of Conditional Use Permit No. 376 for violation of conditions 8, 16, 17, 18, and 19, as authorized in condition 20. On August 1, 1991, staff made an inspection of the property. This inspection revealed that the ready-mix plant had not been dismantled and was still located at the site. ALTERNATIVES: 1. Offer Resolution No. 3445, A Resolution Revoking Conditional Use Permit Resolution No. 376, and move for its adoption. 2 . Provide the applicant with an additional fourteen (14) days, or until Tuesday, September 3, 1991, to remove the ready-mix plant. RECOMMENDATION: Staff recommends that the City Council revoke Conditional Use Permit No. 376. ACTION REOUESTED: Offer Resolution No. 3445, A Resolution Revoking Conditional Use Permit No. 376, and move for its adoption. . . .. . .. EXHIBIT ..,..,,,,,.. ,..,...... ,... ........._ •., ... _ . :: ',: ;. i'. ....;."'• •'' -''• .• - ..--.. - '. N. . 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'''' ;/ ..... . . •• '. 14, . . 4 : .. .: RI • .... _ -!.... .,.:. A6 . NI,,...4mit f 1 i • : ‘.t. "'Ll.S 400.10 . MATCH LINE 'S - . - T. i , , ....,_ • ..ed r. .......1'.•• I ; ... i710.t. .•• i• ..., : . • .... ----4- --1 /I I .tt . ....,.... t i -0' 4 .........] •--,4 ... i is ...• t I ; ;t7 ..: 1:' AG i A i 3 .6L.L.Mt .•• 3 tS,'47t3 I C -.4 - . • . ; ,....7 -...,...1 , ... ... AG AGRICULTURE 1 \ R 1 RURAL RESIDENTIAL 1 \ R2 URBAN RESIDENTIAL r— L____ \,.. R3 MID—DENSITY RES. i , : R4 MULTI FAMILY RES. i • . 20 i .. • B 1 HIGHWAY BUSINESS . _. _.........,_. . 82 COMMUNITY BUSINESS i 1 B3 CENTRAL BUSINESS .--- II LIGHT INDUSTRIAL 12 HEAVY INDUSTRIAL S SHORELAND 4 z i---..-.-........-..,- ••••- i i1 _, ---' FLOODPLAIN DISTRICT i , ---- MANDATORY PUD ,• : ..,:tt • ,..,—T_. —: .... • RTD RACETRACK DISTRICTS -- I ..ti : • -- - -- ,••••;. . • - Zoning Map City of SHAKOPEE . , - . ._ EXHIBIT CITY OF SHAKOPEE AMENDMENT NO. 1 CONDITIONAL USE PERMIT RESOLUTION NO. 376 WHEREAS , Scott County Lumber/Bert Notermann having duly filed an application for a Conditional Use Permit dated September 21, 1984 under the provisions of the Shakopee Zoning Ordinance, Section 11 . 04 , Subd. 6 , as follows: to approve the application for mineral extraction and land rehabilitation in the Agriculture zoned area ; and WHEREAS , the property upon which the request is being made is described as the SE 1/4 of NE 1/4 of Section 17 , NE 1/4 of NW 1/4 of Section 16 , W 1/2 of NW 1/4 of Section 16, on County Road 83 ; and WHEREAS , the City Council did on August 20, 1985 adopt Resolution #2427 denying the Conditional Use Permit which denial was appealed; and WHEREAS , the Minnesota Court of Appeals has ordered the City of Shakopee to issue the Conditional Use Permit with conditions . WHEREAS , the City Council did on April 5, 1988 adopt Conditional Use Permit Resolution No. 376 , which approved the application subject to twenty conditions including a renewal of the permit every three years. WHEREAS , the applicant having duly filed an application to the Conditional Use Permit on March 22 , 1991 for the renewal and two amendments as follows: to extend the hours of operation from 8 : 00 a.m. - 5 : 00 p.m. Monday through Friday to 7 : 00 a.m. - 7 : 00 p.m. Monday through Saturday and to allow exterior security lighting to be placed on the subject property. NOW, THEREFORE, BE IT RESOLVED BY THE SHAKOPEE PLANNING COMMISSION OF THE CITY OF SHAKOPEE, that the aforementioned Conditional Use Permit application amendment for the extension of hours is hereby denied and the amendment for the provision of security lighting and the three year renewal is hereby approved with the replacement of Condition 13 . 13 . No direct exterior lighting shall be visible from adjacent properties or the public right-of-way. Two 125 watt high pressure sodium security lights can be installed on the site and they must be located on the site as shown on the submitted plan. BE IT FURTHER RESOLVED, that pursuant to Shakopee City Code, Section 11. 04 , Subd. 6C-12 , if an approved Conditional Use Permit is not utilized within one year from date herein approved or by May / 9 , 1992 , it shall become null and void. Adopted in regular session of the Shakopee Planning Commission of the City of Shakopee, Minnesota held this 9th day of May, 1991. Chairperson of the Planning Commission ATTEST: City Planner RESOLUTION NO. 3445 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, REVOKING CONDITIONAL USE PERMIT NO. 376. WHEREAS, on April 5, 1988, the City Council granted Conditional Use Permit No. 376, approving the application of Scott County Lumber (n/k/a N.B.Z. Enterprises, Inc. ) for mineral extraction and land rehabilitation in the Agriculture zoned area, subject to 20 conditions, a copy of which is attached hereto and incorporated herein as Exhibit A; and WHEREAS, the property involved is described on Exhibit B attached hereto and incorporated herein; and WHEREAS, Condition 20 of the Conditional Use Permit provides that The Conditional Use and Mining Permits may be reviewed prior to the scheduled annual review, if the City receives complaints, supported by evidence indicating that the conditions of this permit are being violated. Upon receipt of such complaints, or if a [sic] the City Council 's own initiation, the City shall schedule a public hearing, in accordance with the proper procedures for notice and publication. If the City finds that the applicants have substantially, or repeatedly violated the terms of this agreement, the Council may revoke said permit; and WHEREAS, on June 4, 1991, including during the City Council meeting on that date at which Tom Zwiers, representing NBZ Enterprises, Inc. , and his attorney were present, and subsequently, the City received complaints that a ready-mix facility had been illegally installed on the site; and WHEREAS, staff inspections verified that these complaints were valid, and took photographs showing the ready-mix plant which are attached hereto and incorporated herein as Exhibit C; and WHEREAS, on June 13 , 1991, the City Administrator sent a letter to Mr. Tom Zwiers, representative of NBZ Enterprises, Inc. , advising him that the City interpreted the Conditional Use Permit and provisions of the Land Use Regulation (Zoning) Chapter of the City Code to provide that a ready-mix operation was not permitted on the site, and directed Mr. Zwiers to remove the ready-mix facility by June 24 , 1991, or face the possibility of legal action, a copy of which letter is attached hereto and incorporated herein as Exhibit D; and WHEREAS, NBZ Enterprises, Inc. did not appeal this interpretation or decision of the City Administrator to the Board of Adjustment and Appeals as provided by City Code, and also did not remove the ready-mix facility by June 24 , 1991; and WHEREAS , on July 3 , 1991, Anthony J. Gleekel, attorney representing NBZ , sent a letter to the City Administrator stating that the owner of the portable ready-mix plant, AVR, Inc. , had agreed to dismantle the plant and indicated they would remove it from the site within 45 days, a copy of which letter is attached hereto and incorporated herein as Exhibit E; and WHEREAS , the ready-mix plant was not dismantled; and WHEREAS , on July 25 , 1991, the City Attorney sent Tom Zwiers a letter advising him that the ready-mix plant is not permitted in the AG zoning district, either by right, or under Conditional Use Permit No. 376 , and that if the plant were not removed from the site by July 31, 1991, the City would advertise for a public hearing to consider revocation of Conditional Use Permit No. 376 for violation of conditions 8 , 16 , 17 , 18 , and 19 , as authorized in condition 20 , a copy of which letter is attached hereto and incorporated herein as Exhibit F; and WHEREAS, on August 1, 1991, a staff inspection revealed that the ready-mix plant had not been dismantled and was still located at the site; and WHEREAS , the ready-mix plant violates conditions 8 , 17 , 18 , and 19 of Conditional Use Permit No. 376, as follows: "8 . All portable buildings must be approved by the Building Official. " The ready-mix plant includes portable buildings, which have not been approved by the Building Official. "17 . The applicant shall prepare in report form, a plan for operation, which if acceptable, shall be adopted by resolution as the Mining Permit. . . " The ready-mix plant is in violation of the plan for operation. "18 . An Environmental Assessment Worksheet shall be prepared and processed in accordance with the State of Minnesota ' s adopted Environmental Review Program. " A ready- mix plant is contrary to the language in the EAW. The EAW must be amended or an additional EAW prepared to assess the impact of the ready-mix plant on the environment. "19 . . . . Any factors, or future developments which significantly delay the completion of the mining operation, may be viewed by the City as sufficient grounds to deny the three year renewal of the permit. " If the ready-mix plant expands the life of the plant, this may be of concern at the 1994 renewal; and 2 WHEREAS , the City Council finds that the applicants have substantially violated the terms of their Conditional Use Permit by placing a ready-mix plant on the site and by failing and refusing to remove it, despite repeated contact from City officials, and letters and assurances from the applicant' s attorney that the ready-mix plant would be removed; and WHEREAS, the City has advertised for and scheduled a public hearing, in accordance with the proper procedures for notice and publication. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That Conditional Use Permit No. 376 and the related Mineral Extraction and Land Rehabilitation Permit are hereby revoked. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1991. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: 6:1.L1=----1-47.7' City Attorney C/// [NBZREV.A] 3 • CITY OF SHAKOPEE CONDITIONAL USE PERMIT RESOLUTION OF THE CITY COUNCIL NO. 376 WHEREAS , Scott County Lumber/Bert Notermann having duly filed an application for a Conditional Use Permit dated September 21, 1984 under the provisions of the Shakopee Zoning Ordinance, Section 11. 04 , Subd. 6 , as follows: to approve the application for mineral extraction and land rehabilitation in the Agriculture zoned area; and WHEREAS , the property upon which the request is being made is described as the SE 1/4 of NE 1/4 of Section 17 , NE 1/4 of NW 1/4 of Section 16 , W 1/2 of NW 1/4 of Section 16, on County Road 83 ; and WHEREAS, the City Council did on August 20 , 1985 adopt Resolution #2427 denying the Conditional Use Permit, which denial was appealed; and WHEREAS , the Minnesota Court of Appeals has ordered the City . of Shakopee to issue the Conditional Use Permit with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the aforementioned Conditional Use Permit be and is hereby granted subject to the following conditions: 1 . The Conditional Use Permit and Mining Permit be reviewed annually. Both permits to be renewed every three years . 2 . Conditional Use Permit approval be contingent upon City Council approval of the Mineral Extraction and Land Rehabilitation Permit. 3 . Security fencing shall be used on the main access roads to control vehicular access to the mining and equipment area. 4 . The applicant shall obtain a County Road Entrance Permit from the Scott County Highway Engineer. 5 . County Road weight restrictions shall be adhered to. Truck traffic shall be limited to the use of County Road 83 to Hwy oand onR42 .shall beAbsolutely routed throughtruck the traffic urban ( mining portion of the ope_peratiti City of Shakopee. 6 . Eight to ten foot berms shall be built around the perimeter eter of each phase. Berns must be fullyseeded to pr_ erosion. gxAM A 7 . The mining operation shall maintain the following minimum setbacks : 100 feet from any residential or commercial property line; 500 feet from any residential or commercial structure ; 30 feet from any road right-of-way. 8 . All portable buildings must be approved by the Building Official . 9 . The hours of operation shall be limited to 8 :00 A.M. to 5 : 00 P.M. , Monday thru Friday. 10 . Dust must be controlled by paving main access roads , watering haul roads and equipment and by any other means which will control adverse affects of dust on neighboring properties . 11 . Noise emissions shall not exceed the noise limits as noted in Section 10 . 60 (Noise Elimination and Noise Prevention) of the Shakopee City Code, nor the MPCA Standards. 12 . There shall be no on-site storage of fuel and no use or storage of explosives . 13 . No exterior lighting shall be used at the operation site. 14 . Stockpiles of gravel shall not exceed 25 feet in height. 15 . The applicant shall be responsible for reimbursing the City for all costs incurred in reviewing the permit through the life of the operation. 16 . The Gravel Extraction Plan (Map B) and the End Use Plan (Map C) as submitted by the applicant, shall be adhered to, without modifications , unless approved by City Council . 17 . The applicant shall prepare in report form, a plan for operation, which if acceptable, shall be adopted by resolution as the Mining Permit. The Plan for Operation shall be comprised of 1) the submitted maps A, B, C; 2) the conditions of the approved permits 3) background information as contained in the memo prepared by Merila and Associates , Inc. ; dated April 30 , 1985 . 18 . An Environmental Assessment Worksheet shall be prepared and processed in accordance with the State of Minnesota's adopted Environmental Review Program. No action shall commence on the subject property until a Negative Declaration has been filed and the required 30 day review and comment period has elapsed. If the EAW substantiates the need for an Environmental Impact Statement, no action said document shall commence on the subject property until has been prepared and any and all modifications have been made in the proposed operation, to mitigate potential adverse environmental impacts. 19 . The City's approval of the permits (C.U.P. and Mining) is made in reliance upon the applicant's representations regarding the life of the operation (17 years) . Any factors, or future developments which significantly delay the completion of the mining operation, may be viewed by the City as sufficient grounds to deny the three year renewal of the permit. 20. The Conditional Use and Mining Permits may be reviewed prior to the scheduled annual review, if the City receives complaints, supported by evidence indicating that the conditions of this permit are being violated. Upon receipt of such complaints, or a the City Council's own initiation, the City shall schedule a public hearing, in accordance with the proper procedures for notice and publication. If the City Council finds that the applicants have substantially, or repeatedly violated the terms of this agreement, the Council may revoke said permit. BE IT FURTHER RESOLVED, that pursuant to Shakopee City Code, Sec. 11. 04 , Subd. 6C-12 , if an approved Conditional Use Permit is not utilized within one year from date herein approved or by 0 L) �(/ �' , 19 1i it shall become null and void. Adopted in ,nf 4 rL.%,�Iq , session of the City Council of the Ciy of. Shakopee, .Minnesota held this S day of / 10 1' , 19 E? . Mayor of the City of Shakopee ATTEST: -(7 ,d. !1 ;i'� City-Clerk Approved as to form this _ day of 621A-L/ , 1988 . City At orney ., 0 U IW 1 F— I- OPERATING & RECLAIMATION PLAN . Z a W BENCH MARK ELEV. 8 DESCRIPTION PHASE I 00 P a 787. 86 TOP NW COR.Of SIDEWALK AT - 0 0 THE THRIFT SM OP SE COR. OF THE O 2 0: INTERSECTION OF CO. RO. I6 8 0O W CO.RO. 83 Z - ' •W LEGAL DESCRIPTION i 7:• F- ':e 1 1. The Northeast Quarter of the Northwest Quarter of Section 16, Township 115 North, Range 22 West. Scott County, • Minnesota. Also: 2. The West Half of the Northwest Quarter of Section 16. Township 115 North. Range 22 'West, Scott aunty. Minnesota.., lying north and easterly of the northeasterly right of way line of the Chicago, Milwaukee, St. Paul and Pacific \ Railway excepting therefrom the following,described tract of land. \ Commencing at the northwest corner of said Section 16; thence southerly along :he west line of said . Section 16 for a distance of 955.00 feet to the actual point of beginning of the land :o be described: thence easterly, deflecting to the left 90 degrees 00 minutes. for a distance cf 400.00 feet: thence southerly, deflecting to the right 90 degrees 00 minutes. parallel with the said west line of Section 16 for a distance of 545.40 feet; thence westerly, deflecting to :he right 90 degrees 00 minutes, for a distance of 400.00 feet to the said west line of Section 16: thence northerly, deflecting to the I \ rignt 90 degrees 00 minutes, along the said west line of Section 15 for a distance of 545.00 feet to tha act.ai point of beginning. Aisd: 3. That part of the Southeast Quarter of the Northeast Quarter of Section 17, Township 115 North, Range 22 'West, Scott County, Minnesota, lying northeasterly of the northeasterly right of way line of the Chicago, Milwaukee, ; St. Paul and Pacific Rai'way: .: These 3 tracts contain 130.73 acres of land. Subject to easements, reservations, and restrictions of record, if any.• SE CO R.OF NW 114 .\ , SECT i O N 16 ' IRON PIPE e \ A72(.7 o/2a/9S . i certify Mt t. .t..»...meet—. 1; MERILA & ASSOCIATES, INC. .r•d mm••• w direct servt,IM aMM tt I � h R»�`_` ..a dal,wtdteeed tame 7.r•e,•r m•••dr t•e Ism.•e Me ENGINEeR$,SURVEYORS,51TE PIANNEAS Stat. r.1 ,dt.. ;1;, ��i��.�,QDGe� 7216 Boone ave.N. • E 63 • Brooklyn Pork, Minnesota 53428 // 2D/ Teieononet (5121 533-7593 —� v •... ae./¢9R9 o73f .� 7----'\ . -: .;... `, .tegi..-4.,,,•,-. :r..'-Airt \ . . :-- , .!.. ..4,13,..v_: - .,...-1 :.• - -k•tr4 - 4.4,-t--.1... - • :,.. • c4,v-• -.: -•.. ,- : - . - -.,:i,.,,:.-..... 1 . --y... _to,.... • -_. ,.. .•-,-A. :..._ ,. .....;..ut.-- ..,. t --. • 4 . .'"...-:::.-1'.17.'''.. In • .i. .. "• .'1•.:. •: : -:1 .. ' :, . ;• • . '. 4 ...„..,.-. • - •• ,..„ . .:... o ...... .''.".!... 411 1j;:,...,.-,%. • .%• ..... 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It... • 4,,Sk •.V i "'.V. ....u....44 -,4,L,,,,q.:::::. •If;i1) I % • .!'...P••• • • Al•velpiv•,•-I A ar,.r.r.:? li ••!c;..r, .. .. \.. : , ... ......... . •• .1„. „;....,. _ . ,,...,. .,... • ,,,.....f. ......... ...:„. - ..-••,,,,,..., : „,-- : - . .,ii,.f.z.. • -, • d—.- . • -•..!' !IL - .••• "...C'-• EXHIBIT C; Pc1.1 c2- L?•1e..iN 6 '(J6$r 7-,eom .✓8 z Eivr'/e.44/CE O/ ery ,P.o ?3 TI*kE.v ,9,, /, X99/ <•IL .2 :SO 8Y TE/ • ,e'E !✓, At5,,e}c� �SS,SJ.4.4/r L c i 7-11 P4.19,tiN ,t' ,.. `r.'.,ys* _...---.*S--1 ;.•..ray • 7:".:•:-..7-,-;,---7-_.,-,--r-.-.:[ ., g-' •+a. . 1 *J n : .4%.,...."1.7.:-..-_,,,-.7.,, ?_ -- .".:::::::-N: 47-1°_ • r c.NG 6x.7 r.S I- ifeo/r A18 Z (•X,Nlt q, --L' . Y _ .n i+-X}G� ,. / t.!• V >L.L•L I S / / / / K/ ,�.M 30 i . i /- /P4C.4 skq, -.. 0 ,.0.,., -,.. 77 .`' • ACSAs7a,u72J716AJG/nfE ' ' ''�y- al - w. ems .u_J �-..A. "a.. _ _ i • 15•gt 1 =sv est NmleSE • CITY OF SHAKOPEE /kJ. INCORPORATED 1870 1 ` ‘;' 129 EAST FIRST AVENUE. SHAKOPEE. MINNESOTA 55379.1376 (612)445.3650 .i 1 KO1 s~ June 13 , 1991 A Mr. Tom Zwiers G & T Trucking 11111 Duce Road Elko, MN 55020 Re: Ready-mix Operation NBZ, Inc. Gravel Mine 812 East County Road 78 Dear Mr. Zwiers: The City has received numerous complaints on the installation of a concrete ready-mix facility on the mining site located at 812 East County Road 78 . In response to these complaints City staff has made an inspection of the subject site. Based on the inspection made on June 12 , 1991 by City staff it is apparent that a ready-mix facility has been constructed on the subject site. Staff has reviewed Conditional Use Permit No. 376 and City Code sections 11. 02 , 11. 04 , 11. 05, and 11. 24 as they apply to conditional use permit No. 376. Our interpretation of the zoning ordinances and CUP No. 376 is that a ready-mix plant is not permitted on this site. This conditional use permit allows for mineral extraction and land rehabilitation operations only. In addition, the agricultural zoning district regulations do not allow a ready-mix facility as either a permitted or conditional use. Please remove the ready-mix facility immediately from the site. Failure to remove the facility by June 24 , 1991 may result in the City initiating legal action. If you have any questions regarding this, please call me at 445- 3650 . Sincerely, ile/€414A /e4ate- Dennis R. Kraft City Administrator DRK/jmss cc: , ren Marty, City Attorney Lindberg Ekola, City Planner Anthony Gleekel The Heart Of Progress Valle AN EQUAL OPPORTUNITY EMPLOYER LAW OFFICES SIEGEL, BRILL, GREUPNER & DUFFY. P.A. rORMERLY GROSSMAN. KARLINS. SICGEL& SPILL RCTIRCO RICHARD SIEGE L 3UITC 1350 M L. GROSSMAN JO SIAH E. SPILL.JR. • JAMES R. GRCUPNER 100 WASHINGTON SOUARE SHELDON O. KARLINS GERALD 3. OUrrY WOOD R. rosTCP.JR MINNEAPOLIS, MINNESOTA 55401 'ALSO ADMITTED IN wASMINGTON THOMAS H. GOODMAN TELEPHONE (6121 339.7131 MICHAEL A. WATCH K. CRAIG wILOrANG TELCCOPICR 16121 339.6591 JOHN S.WATSON WM.CHRISTOPHER PENWELL July 3 , 1991 SUSAN M. VOIOT KATHLEEN A. CONNCLLY STEVEN I.. SCHCCHTMAN• ANTHONY J. GLECKEL SHCRPI L. ROHL,' BRIAN C.wCISSCRG ROSEMARY TUOMY 15631-D Mr. Dennis Kraft City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re: Portable Ready Mix Plant at the NBZ (f/k/a Scott County Lumber) Site Dear Mr. Kraft: Pursuant to our conversations, AVR, Inc. has agreed to dismantle the portable ready mix plant on the NBZ , Inc . mining site . It is my understanding that the City will allow AVR to store the dismantled portable ready mix plant on the site for a period of 45 days while it searches for an alternative site. If this does not meet with your understanding of our conversations, please contact me immediately. Very truly yours, Anthony J. G eekel AJG/hsw cc: Mathias Fisher Gerry Duffy CITY OF SHAKOPEE INCORPORATED 1870 * 174 FAST T'Insr AVFNIIF, SIIAKOPFF, MINNFSOTA 55379 1376 (612)445.3650 '1 ! �:•� July 25, 1991 c* A e Mr. Tom Zwiers G & T Trucking 11111 Duce Road Elko, MN 55020 Dear Mr. Zwiers: In early June 1991, the City of Shakopee received a complaint that a ready mix plant was being constructed on your property. The property in question is zoned AG, agricultural preservation, and the mineral extraction operation is allowed only through its conditional use permit, dumber 376. On June 13 , 1991, Dennis R. Kraft, City Administrator, sent you a letter advising you that staff interprets the zoning ordinances to prohibit this use on your parcel of land. He directed you to remove the ready mix facility by June 24 , 1991. This staff interpretation could have been appealed to the Board of Adjustment and Appeals, but the appeal period expired on June 20, 1991 . On July 3 , 1991, Anthony J. Gleekel of Siegel , Brill, Gruepner & Duffy, P.A. , sent a letter to Mr. Kraft stating that AVR, Inc. (the owner of the portable ready mix plant) had agreed to dismantle the plant. In several conversations with Mr. Kraft and me, Mr. Gleekel has repeated this agreement. The ready mix plant remains. It is not permitted in the Ag zoning district, either by right, or under Conditional Use Permit No. 376 . If it is not removed from the site by July 31, 1991, the City will advertise for a public hearing to consider revocation of Conditional Use Permit No. 376 for violation of conditions 8, 16, 17 , 18, and 19, as authorized in condition 20. If you have any questions regarding this, please feel free to contact me. Sincerely, I Karen Marty KEM:bjm City Attorney (NBZ] cc: Dennis Kraft Lindberg Ekola Anthony J. Gleekel cAthh' f The Heart. Of Progress Valle ! MI FQUA1 nrrnanrgrry Hort n'.cn I2.00 MEMO TO: Dennis R. Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Ordinance Amendment - Wood Storage DATE: August 20, 1991 INTRODUCTION: Attached is an explanation of the proposed regulations regarding firewood storage and a copy of the proposed ordinance. RECOMMENDATION: At their meeting on August 8, 1991, the Shakopee Planning Commission recommended that the Shakopee City Council adopt the attached regulations regarding firewood storage. ACTION REQUESTED: Offer Ordinance No. 314, an ordinance amending Chapter 11, Land Use Regulation (Zoning) of the Shakopee City Code, by adding new provisions to Sections 11.25, Rural Residential (R-1) , 11.26, Urban Residential (R-2) , 11.27, Medium Density Residential (R-3) , 11.29, Highway Business (B-1) , 11.29, Central Business (B-3) , and 11.32, Light Industry (I-1) , relating to firewood storage and move its adoption. EXPLANATION TO ORDINANCE 311-k ORIGINATING DEPARTMENT: Law Department PURPOSE: To enact specific regulations relating to firewood storage. BACKGROUND: Councilman Wampach requested this ordinance. Both he and City staff have received complaints form some time regarding unsightly or unsafe firewood piles. Our current ordinance does not address firewood storage. DISCUSSION: For several months the Planning Commission has been considering specific regulation relating to firewood. It has heard concerns regarding the amount of firewood being stored on some land, of unsightly stacks and fire hazards, and of the need to store wood if it is the primary means of heating a structure. Based on these concerns, the Planning Commission has developed three different sets of firewood regulations: For the R-1 zoning district, for the other residential districts, and for the business and industrial districts. In each of these districts, the firewood must be elevated four inches off the ground to prevent rodent or insect infestations. The firewood also must be located in accordance with the Fire Code. ORDINANCE PROVISIONS: In the R-1 zoning district, firewood would not be allowed in the front, side, or rear yard setbacks, or in the side yard next to a street. The firewood must be stored in neat orderly stacks of no more than five feet in height, and no more than six cords would be allowed. Due to the need of some property owners to maintain a greater amount of firewood in order to heat their structures, a license would be granted by the City, upon request, for additional wood storage. The license would require an affidavit and proof from the property resident that wood is the primary source of heating the structure. A fee to cover the City' s costs will be included in next year' s fee resolution. In all other residential districts, firewood may not be stored in the front yard setback, or between the front property line and the face of the principal structure, whichever is farthest from the street. Likewise firewood may not be stored between a street and the side of a building. For fire safety, firewood may not be stored closer than five feet to any side or rear interior property line. In the business districts, firewood storage is allowed as an accessory use. In the industrial districts, firewood storage is allowed as a permitted use, like other outside storage. In each of these districts, the firewood may not be stored in the front yard setback, or in the sideyard setback on a street side. There is no height or volume limitation. The ordinance does not specify each district in its provisions, because some districts provide that the accessory or permitted uses include all uses in another district, which is specified. All firewood storage must be brought into compliance with these provisions by May 1, 1992 . This will allow people to use up their firewood at an improper location, and give them warning of where to locate new firewood. PLANNING COMMISSION RECOMMENDATION: On August 8 , 1991, the Planning Commission conducted a public hearing on the attached ordinance, and approved it. They also recommend that the ordinance provisions be described in a flyer included in the utility bill . ACTION REQUESTED: Offer Ordinance No. SP/ , an ordinance amending Chapter 11, Land Use Regulation (Zoning) of the Shakopee City Code, by adding new provisions to Sections 11. 25, Rural Residential (R-1) , 11. 26, Urban Residential (R-2) , 11. 27, Medium Density Residential (R-3) , 11. 29, Highway Business (B-1) , 11. 29 , Central Business (B-3) , and 11. 32 , Light Industry (I-1) , relating to firewood storage. Submitted by: City Attorney [11. 25] -2- ORDINANCE NO. 314 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11, LAND USE REGULATION (ZONING) , OF THE SHAKOPEE CITY CODE, BY ADDING NEW PROVISIONS TO SECTIONS 11. 25, RURAL RESIDENTIAL (R-1) , 11. 26, URBAN RESIDENTIAL (R-2) , 11.27, MEDIUM DENSITY RESIDENTIAL (R-3) , 11.29, HIGHWAY BUSINESS (B-1) , 11.29, CENTRAL BUSINESS (B-3) , AND 11. 32, LIGHT INDUSTRY (I-1) , RELATING TO FIREWOOD STORAGE. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That Chapter 11, Land Use Regulation (Zoning) of the Shakopee City Code is hereby amended by adding new provisions to Sections 11. 25, Rural Residential (R-1) , 11. 26, Urban Residential (R-2) , 11. 27 , Medium Density Residential (R-3) , 11. 29, Highway Business (B-1) , 11.29, Central Business (B-3) , and 11. 32 , Light Industry (I-1) , relating to firewood storage, which new provisions shall read as follows: Sec. 11.25. Rural Residential (R-1) Subd. 4 . Permitted Accessory Uses. Within any Rural Residential District the following uses shall be permitted accessory uses: A. Garages. B. Fences. C. Gardening and other horticultural uses. D. One lodging room per single family dwelling. E. Recreational equipment. F. Farm building. G. Stables. H. Firewood storage, subject to the provisions of Subd. 5.E. Subd. 5. Lot Area, Height, Lot Width and Yard Requirements. E. Firewood. Setback: No firewood may be stored in any front Yard setback or in any side yard setback where the side yard abuts a street. No firewood may be stored in any interior side or rear yard setback. Bulk: Firewood must be stored in neat orderly stacks limited to five feet in height. No lot may contain more than six cords volume (one cord is equal to a 4 'x4 'x8 ' stack) , without a license from the City and an affidavit and proof from the property resident that wood is the primary source of heating the structure. Health and Safety: All firewood must be elevated a distance of at least four inches from the ground. Firewood stacks must be located in accordance with the Fire Code. Sec. 11. 26. Urban Residential (R-2) Subd. 4 . Permitted Accessory Uses. Within the Urban Residential District the following uses shall be permitted accessory uses: A. Open off-street parking space not to exceed three spaces per dwelling unit. B. Garages. C. Fences. D. Gardening and other horticultural uses where no sale of products is conducted on the site. E. Recreational equipment. F. Firewood storage, subject to the provisions of Subd. 5.C. Subd. 5. Lot Area, Height, Lot Width and Yard Requirements. C. Firewood. Setback: No firewood may be stored in any front yard setback or between the front property line and the face of the principle structure, whichever is farther from the street. No firewood may be stored any closer to the side street property line than the face of the principle structure. No firewood may be stored closer than five feet to any interior side or rear yard property line. Bulk: Firewood must be stored in neat orderly stacks limited to five feet in height. No lot may contain more than two cords volume (one cord is equal to a 4 'x4 'x8 ' stack) , without a license from the City and an affidavit and proof from the property resident that wood is the primary source of heating the structure. Health and Safety: All firewood must be elevated a distance of at least four inches from the ground. Firewood stacks must be located in accordance with the Fire Code. Sec. 11. 27. Medium Density Residential (R-3) Subd. 4 . Permitted Accessory Uses. Within the Medium Density [Two-Family] Residential District the following uses shall be permitted accessory uses: A. Open off-street parking space not to exceed three spaces per dwelling unit. B. Garages. C. Fences. D. Gardening and other horticultural uses where no sale of products is conducted on the site. E. Firewood storage, subject to the provisions of Subd. 5.C. -2- Subd. 5. Lot Area, Height, Lot Width and Yard Requirements. C. Firewood. Setback: No firewood may be stored in any front yard setback or between the front property line and the face of the principle structure, whichever is farther from the street. No firewood may be stored any closer to the side street property line than the face of the principle structure. No firewood may be stored closer than five feet to any interior side or rear yard property line. Bulk: Firewood must be stored in neat orderly stacks limited to five feet in height. No lot may contain more than two cords volume (one cord is equal to a 4 'x4 'x8 ' stack) , without a license from the City and an affidavit and proof from the property resident that wood is the primary source of heating the structure. Health and Safety: All firewood must be elevated a distance of at least four inches from the ground. Firewood stacks must be located in accordance with the Fire Code. Sec. 11. 29 . Highway Business (B-1) Subd. 4 . Permitted Accessory Uses. Within any Highway Business District the following uses shall be permitted accessory uses: A. Any incidental repair or processing necessary to conduct a permitted principal use. B. Private garages, off-street. C. Parking, loading spaces. D. Temporary construction buildings. E. Decorative landscape features. F. Public telephone booths. G. Other accessory uses customarily appurtenant to a permitted use. H. Firewood storage, subject to the provisions of Subd. 5.N. Subd. 5. Lot Area, Height, Lot Width and Yard Requirements. N. Firewood. Setback: No firewood may be stored in any front yard setback or in any side yard setback where the side yard abuts a street. Bulk: Firewood must be stored in neat orderly stacks. Health and Safety: All firewood must be elevated a distance of at least four inches from the ground. Firewood stacks must be located in accordance with the Fire Code. -3- Sec. 11. 31. Central Business (B-3) Subd. 4 . Permitted Accessory Uses . Within the Central Business District the following uses shall be permitted accessory uses : A. Private garages, off-street parking. B. Temporary construction buildings. C. Decorative landscape features. D. Any incidental repair or processing necessary to conduct a permitted principal use. E. Firewood storage, subject to the provisions of Subd. S . C. Subd. 5 . Lot Area, Height, Lot Width and Yard Requirements. C. Firewood. Setback: No firewood may be stored in any front yard setback or in any side yard setback where the side yard abuts a street. Bulk:. Firewood must be stored in neat orderly stacks. Health and Safety: All firewood must be elevated a distance of at least four inches from the ground. Firewood stacks must be located in accordance with the Fire Code. Sec. 11. 32 . Light Industry (I-1) Subd. 2 . Permitted Uses. Within any Light Industrial District, no structure or land shall be used except for one or more of the following uses: A. Warehousing and wholesaling. B. Offices. C. Public buildings. D. Research laboratories. E. Essential services. G. Restaurants (Class I and II) , taverns, private lodges and clubs and supper clubs, but only when part of a Class A licensed horse racetrack as provided for in M. S.A. Sec. 240. 01 et seq. H. Class II day care facilities when located in the home of the day care provider. I . Firewood storage, subject to the provisions of Subd. 4 .G. Subd. 4 . Lot Area, Height, Lot Width and Yard Requirements. G. Firewood. Setback: No firewood may be stored in any front yard setback or in any side yard setback where the side yard abuts a street. -4- Bulk: Firewood must be stored in neat orderly stacks. Health and Safety: All firewood must be elevated a distance of at least four inches from the ground. Firewood stacks must be located in accordance with the Fire Code. Note: The bracketed language [thus] is deleted; the underlined language is inserted. Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 11. 99, Violation a Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Summary Approved. The City Council hereby determines that the text of the summary of this ordinance, marked "Official Summary of Ordinance No. " and a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 4 - Posting and Filing. A copy of this ordinance is filed in the office of the City Clerk and a copy is provided to the Scott County Library for posting and filing, at which locations a copy is available for inspection by any person during regular office hours. Section 5 - The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk and the Scott County Library. Section 6 - Effective Date. This ordinance shall become effective on May 1, 1992 following its passage and the publication of its title and summary. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1991. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: / PP � ,_ ,/ City Attorney Published in the Shakopee Valley Nes on the day of , 1991. [11.25] -5- r: 1 :Z. C L MEMO TO: Dennis R. Kraft, City Administrator471 FROM: Terrie Sandbeck, Assistant City Planner RE: Revocation of Conditional Use Resolution No. 591 - H.L. Weinandt DATE: August 5, 1991 INTRODUCTION: In reviewing the title for Weinandt Acres 2nd Addition, staff noticed that Conditional Use Permit Resolution No. 591 allows mining of the land included in the plat. This Conditional Use Permit needs to be terminated in order to eliminate any question as to the accuracy of the elevations on the plat. Staff is requesting that the City Council revoke this Conditional Use Permit. Harry Weinandt, owner of this property, has approved this action. DISCUSSION: At their meeting on April 5th, 1990, the Shakopee Planning Commission approved Conditional Use Permit Resolution No. 591, a permit for mineral extraction and land rehabilitation in the Rural Residential zoned area. Mr. Weinandt obtained this Conditional Use Permit so he could expand an existing livestock water pond. This permit was approved for H. L. Weinandt' s property located adjacent to County Road 17 and described as Outlot A, Weinandt Acres 1st Addition. On July 16, 1991, the City Council approved the final plat for Weinandt Acres 2nd Addition, subject to conditions. This plat subdivided the aforementioned Outlot A property into twenty-four residential lots. Mr. Weinandt no longer needs Conditional Use Permit Resolution No. 591. Attached is a letter from Mr. Weinandt stating that the Conditional Use Permit is no longer needed and he wishes to complete the platting process. STAFF RECOMMENDATION: Staff recommends that Conditional Use Resolution No. 591 be terminated, as Mr. Weinandt will no longer be mining the property described in the permit. ACTION REQUESTED: Offer Resolution No. 3444 , A Resolution Revoking Conditional Use Permit Resolution No. 591, and move its adoption. RESOLUTION NO. 3444 A Resolution Revoking Conditional Use Permit No. 591 WHEREAS, on April 5, 1990, the Planning Commission approved Conditional Use Permit No. 591, allowing H. L. Weinandt, applicant and property owner, to perform mineral extraction and land rehabilitation in the Rural Residential zoned area; and WHEREAS, Conditional Use Permit No. 591 was approved for H. L. Weinandt' s land adjacent to County Road 17 , and described as Outlot A, Weinandt Acres 1st Addition; and WHEREAS, Conditional Use Permit No. 591 was recorded at the Scott County Recorder' s Office on April 15, 1990, as Document No. 269458 ; and WHEREAS, on July 16, 1991, the City Council approved the final plat for the aforementioned property as Weinandt Acres 2nd Addition; and WHEREAS, due to the approval of this plat, Conditional Use Permit Resolution No. 591, a permit for mineral extraction and land rehabilitation, will no longer be needed as H. L. Weinandt has discontinued mining on the property; and WHEREAS, this Conditional Use Permit needs to be revoked in order to complete the title opinion approval as part of platting this property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That Conditional Use Permit Resolution No. 591 is hereby revoked. 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 RESOLUTION NO. 3444 A Resolution Revoking Conditional Use Permit No. 591 WHEREAS, on April 5, 1990, the Planning Commission approved Conditional Use Permit No. 591, allowing H. L. Weinandt, applicant and property owner, to perform mineral extraction and land rehabilitation in the Rural Residential zoned area; and WHEREAS, Conditional Use Permit No. 591 was approved for H. L. Weinandt's land adjacent to County Road 17, and described as Outlot A, Weinandt Acres 1st Addition; and WHEREAS, Conditional Use Permit No. 591 was recorded at the Scott County Recorder's Office on April 15, 1990, as Document No. 269458 ; and WHEREAS, on July 16, 1991, the City Council approved the final plat for the aforementioned property as Weinandt Acres 2nd Addition; and WHEREAS, due to the approval of this plat, Conditional Use Permit Resolution No. 591, a permit for mineral extraction and land rehabilitation, will no longer be needed as H. L. Weinandt has discontinued mining on the property; and WHEREAS, this Conditional Use Permit needs to be revoked in order to complete the title opinion approval as part of platting this property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That Conditional Use Permit Resolution No. 591 is hereby revoked. 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 CITY OF SHAKOPEE CONDITION USE PERMIT RESOLUTION #591 WHEREAS, H. L. Weinandt having duly filed an application for a Conditional Use Permit dated March 19 , 1990 under the provisions of the Shakopee Zoning Ordinance, Section 11. 04 , Subd. 6 , as follows: to approve the application for mineral extraction and land rehabilitation in the Rural Residential zoned area; and WHEREAS, the property upon which the request is being made is oy described as Outlot A, Weinandt; lst Addition, on County Road 17 ; and /Acres NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the aforementioned Conditional Use Permit be and is hereby granted subject to the following conditions: 1. The Conditional Use Permit and Mining Permit be reviewed on an annual basis. (Both permits will expire in three years. ) 2 . A fence or similarly effective barrier, such as a snow fence of at least 4 ' in height shall be constructed in such a fashion to bar access to the site. 3 . The road restrictions and road maintenance measures be adhered to as required by the County Engineer, be implemented. 4 . The mining operation shall maintain the following minimum setbacks: 100' from any residential or commercial property line; 500' from any residential or commercial structure; 30' from any road right-of-way. 5 . If any buildings or structures are placed on the mining site, a building permit shall be obtained prior to construction. As a condition to the Building Permit, all buildings and structures shall be fully enclosed within the property's security fencing. 6 . The hours of operation shall not extend beyond 7 : 00 a.m. to 7 : 00 p.m. 7 . A dust control program for County Rd. 17 shall be approved by the County Engineer. 8 . Noise emission shall not exceed the Minnesota Pollution Control Agency Standards. 9 . Any permanent stock piles of material must have an erosion control fence around them as approved by the City Engineer. 10. The Conditional Use Permit approval shall be contingent upon City Council approval of the Mineral Extraction and Land Reclamation Permit (Mining Permit) . 11. Upon completion of the mining operation, the final grade of the pond shall be 6 : 1 for the first 10 feet and 3 : 1 beyond that point with the final land reclamation plan approved by the City Engineer. 12 . The Conditional Use and Mining Permits may be reviewed prior to the scheduled annual review, if the City receives complaints, supported by evidence indicating that the conditions of this permit are being violated. Upon receipt of such complaints, or the City Council's own initiation, the City shall schedule a public hearing, in accordance with the proper procedures for notice and publication. If the City Council finds that the applicants have substantially, or repeatedly violated the terms of this agreement, the Council may revoke said permit. BE IT FURTHER RESOLVED, that pursuant to Shakopee City Code, Sec. 11. 04 , Subd. 6C-12 , if an approved Conditional Use Permit is not utilized within one year from date herein approved or by April 5 , 19 91 it shall become null and void. Adopted in regular session of the Planning Com. of the City of Shakopee, Minnesota held this 5th day of April , 19 90 . !li / LCA. r ((- Chairma,n`'ofi the Planning Commission ATTEST: City Tanner STATE OF MINNESOTA) ) ss. OFFICE OF CITY CLERK I, Judith S. Cox, City Clerk for the City of Shakopee with and in for said City, do hereby certify that I have compared the foregoing copy and Order (granting or denying) a conditional use with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand TV`-' City of Shakopee, Minnesota, in the County of Scott on the day of Cef4U , 19 ,0 . Judith(. fox, Ci y Cle °n'a.r C.,p,Sae County,w 04 Prepared by: 1: w,by rJtytanthe veal rremed 010 THE CITY OF SHAKOPEE In:recorded in this Wks ry�o�a M 1 129 East First Avenue a" ay& N 7 .#4,.'9 t 3U •crct and due. •ecnro.d u� p ern no Ca'ut tV RICOldy ` % / - / .. 1J42. 4A7.L • / .. ji...-- -'C',-./ --.W":"-- A71/ C.A.).,a-e-r-s%---c A--7"-die a-pe-e....., „- --- • �?. sy/ ��_ ,„_ ._.,.„... r; 12. c. MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg Ekola, City Planner RE: Application for Rezoning from Jack and Doris Brambilla DATE: August 20, 1991 INTRODUCTION: The City has received an application for rezoning from Jack and Doris Brambilla. They are requesting that the City rezone 17.292 acres of land in the Industrial Park from I-2 (Heavy Industrial) to B-1 (Highway Business) . BACKGROUND: Attached is the staff report, Exhibits A through E, and the minutes of the August 8, 1991, Planning Commission meeting. Exhibit A is a current zoning map for the area. Exhibit B is a staff memo from Judi Simac dated June 12 , 1986 which recommended an amendment to the City Code. Exhibit C is a letter from Phillip R. Krass of Krass & Monroe. Exhibit D provides the uses for the area surrounding the parcel proposed for rezoning. Exhibit E is a site plan for the proposed retail operation. Also attached is a letter the City received on August 6, 1991, from Steve Korte, Vice President of Operations for for Conklin Company, Inc. requesting the Shakopee Planning Commission to consider their concerns regarding the rezoning request. DISCUSSION: The Planning Commission were provided with the following three alternatives: 1. Recommend approval to rezone Lot 1 and Outlot D of Block 4, Valley Park First Addition from I-2 to B-1. 2 . Deny the rezoning request. 3 . Direct staff to prepare an amendment to the Zoning Ordinance to allow certain uses near highways, similar to repealed Section 11. 33, Subd. 3 .J. The Planning Commission denied the rezoning request, but moved to direct staff to draft an ordinance amendment that would allow retail sales, such as the Brambilla' s operation, on 1-2 zoned parcels located near highways. The public hearing for this amendment is scheduled for the September 5, 1991, Planning Commission meeting. After the Planning Commission's Public Hearing, this ordinance amendment will be tentatively scheduled for the second City Council meeting in September. RECOMMENDATION: The Shakopee Planning Commission recommends denial of the rezoning request. ACTION REQUESTED: Offer Resolution No. 3446, a resolution denying the rezoning of 17 . 292 acres of land in the Industrial Park from I-2 to B-1, and move for its adoption. RESOLUTION NO. 3446 A Resolution Denying the Rezoning of 17 .292 Acres from Heavy Industrial to Highway Business. WHEREAS, Jack and Doris Brambilla operate an automobile and recreational vehicle business primarily on their property located on the northwest corner of 1st Avenue and Holmes Street; and WHEREAS, the new Shakopee Mini-Bypass will be constructed across this site in the Spring of 1992 ; and WHEREAS, the Brambillas will need to relocate their business; and WHEREAS, the Brambillas have requested that the City rezone 17 . 292 acres of land in the Industrial Park from Heavy Industrial to Highway Business; and WHEREAS , land zoned for Heavy Industrial use has been carefully located in the City, and separated from other land uses to promote compatible development; and WHEREAS , the need to protect industrially zoned land for industrial purposes is an essential economic development factor for Shakopee; and WHEREAS, the purpose of the Heavy Industrial Zoning District is to provide land areas within the City where intense manufacturing and processing can occur; and WHEREAS, the purpose of the Highway Business District is to recognize the development opportunity and need for commercial establishments to have frontage on, or immediate access to, major highways; and WHEREAS, the rezoning of the aforementioned property would allow any of the permitted and conditional uses in the Highway Business Zoning District to legally operate in this area; and WHEREAS, the rezoning of the property would not meet the criteria for changing the boundaries or regulations of any existing district cited in Section 11. 04 , Subd. 7 of the Shakopee City Code; and WHEREAS, the area proposed for rezoning to Highway Business is not contiguous to any other Highway Business zoned parcels. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the application from the Brambillas to rezone 17. 292 acres of land in the Industrial Park from Heavy Industrial to Highway Business is hereby DENIED, because rezoning the parcel does not meet the criteria cited in Section 11. 04, Subd. 7 of the Shakopee City Code. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 20th day of August, 1991. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney 4,, MEMO TO: Shakopee Planning Commission FROM: Lindberg Ekola, City Planner RE: Application for Rezoning from Jack and Doris Brambilla DATE: August 8 , 1991 INTRODUCTION: The City has received an application for rezoning from Jack and Doris Brambilla. They are requesting that the City rezone 17.292 acres of land in the Industrial Park from 1-2 (Heavy Industrial) to B-1 (Highway Business) . Please refer to Exhibit A. BACKGROUND: The Brambillas operate an automobile and recreational vehicle business primarily on their property located on the northwest corner of 1st Avenue and Holmes Street. The new Shakopee Mini- Bypass will be constructed across this site in the Spring of 1992 . As a result of this project, the Brambilla's will need to relocate their business. CONSIDERATIONS: 1. The Comprehensive Plan has set basic policies to guide the development of the City. The purpose in designating different areas for residential, commercial, and industrial land uses is to promote the location of compatible land uses, as well as to prevent incompatible land uses from being located in close proximity to one another. The Zoning Ordinance is one of the legal means by which the City implements the Comprehensive Plan. 2 . The subject site and surrounding area is zoned Heavy Industrial (I-2) . Land zoned I-2 has been carefully located in the City, and separated from other land uses to promote compatible development. The need to protect industrially zoned land for industrial purposes is an essential economic development factor for Shakopee. It is very likely that the City will be more reliant on its property tax base in the future to finance City services. 3 . The purpose of the Heavy Industrial Zoning District (I-2) is to provide land areas within the City where intense manufacturing and processing can occur. A full complement of urban services, such as water, sewer, rail, and highway transportation has been constructed on or near these properties to provide support for manufacturing and processing operations. 4 . The purpose of the Highway Business District (B-1) is to recognize the development opportunity and need for commercial establishments to have frontage on, or immediate access to, major highways. Permitted land uses within the B-1 Zoning District are those that can take advantage of highway access. 5. B-1 district permitted and conditional uses include the following: Permitted Uses Conditional Uses a. Motels, hotels a. Taverns b. Drive-in retail business b. Vet clinics c. Churches c. Open sales lots d. Restaurants d. Funeral homes e. Retail businesses e. Supply yards f. Liquor stores f. Motor fuel stations g. Offices and banks g. Dwellings with h. Car washes permitted use i. Service establishments h. Bed and Breakfast If the subject site were rezoned to B-1, any of the permitted and conditional uses could legally operate. Rezoning to B-1 would allow all uses listed in the district regulations, not just retail vehicle sales, as proposed by the applicant. 6. In 1986 the City Council repealed Section 11. 33 , Subd. 3 .J which allowed as a conditional use in the I-2 zoning district the following: J. If abutting a State Highway: 1. Motels and tourist accommodations 2 . Automobile service station 3 . Restaurants and supper clubs 4 . Drive-in establishments 5 . Open sales or rental lots Attached is the June 12 , 1986 memo from the Planning Department staff on the ordinance amendment which repealed Section 11. 33 , Subd. 3 .J (Exhibit B) . The comprehensive ordinance amendment was based on the Race Track District Land Use Study for the City in 1986. The purpose of the study was to guide future development in the area near the racetrack. This study recommended that Subd. 3.J be repealed because, "sufficient lands are available and properly zoned to accommodate Highway Service uses" . With the development of the racetrack district which utilized previously industrially zoned land, the need to protect the industrial zoned areas to the east of the racetrack became more important. Staff is not aware of any changes to the development conditions in the industrial area east of the racetrack which would revise this recommendation from the 1986 land use study. The applicants ' attorney, Mr. Rod Krass, requested that staff review the repealed conditional uses in his letter dated July 18, 1991. Please refer to Exhibit C. Even if the ordinance had not been repealed, the application of this previously allowed conditional use, as originally worded, to the subject site may not be appropriate since the site is separated from State Highway 101 by the railroad parcel and Industrial Boulevard North. The subject site is not abutting a state highway. Please refer to Exhibit D. 7 . The proposed B-1 rezoning request is not contiguous to any other B- 1 zoned parcels. Please refer to Exhibit A. 8 . Attached is a copy of the applicants' site plan which illustrates the proposed recreational vehicle business. The applicants would utilize the north portion of the proposed area to be rezoned. Please refer to Exhibit E. FINDINGS: Section 11. 04 , Subd. 7, states that amendments changing the boundaries or regulations of any existing district shall not be issued indiscriminately, but shall be based on findings or criteria including, but not limited to, the criteria listed below. Criteria #1 The original zoning ordinance is in error. Finding #1 The original zoning ordinance was not found to be in error. Criteria #2 Significant changes in community goals and policies have taken place. Finding #2 Significant changes in community goals and policies necessitating the rezoning of this parcel have not taken place. The draft Comprehensive Plan also designates industrial development for the subject site and surrounding area. Criteria #3 Significant changes in City-wide or neighborhood development patterns have occurred. Finding #3 Significant changes in City-wide or neighborhood development patterns have not occurred in the area proposed to be rezoned. As shown on Exhibit D, the surrounding parcels have been developed for industrial uses as permitted by the Zoning Ordinance. Criteria #4 The amendment is necessary to implement the Comprehensive Plan' s growth management program. Finding #4 This amendment is not necessary to implement the Comprehensive Plan' s growth management program. ALTERNATIVES: 1. Recommend approval to rezone Lot 1 and Outlot D of Block 4 , Valley Park First Addition from I-2 to B-1. 2 . Deny the rezoning request. 3 . Direct staff to prepare an amendment to the Zoning Ordinance to allow certain uses near highways, similar to repealed Section 11. 33 , Subd. 3 .J. RECOMMENDATION: Staff recommends Alternative #2. 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'.:^_ - -•.e ��l JCr” -ns: -s -.. -..= C---=-- _. : -=-- -.....=,..: -_ -v 1�=_ ^_Vel ..4. -,.... _a �e ' .•• ' WV• _--r.. _• t ._-_ ", r JV- .2=7.----v2.:. ce (--r-=-7.-a -..�� - 3^j3^3SJ --,, e^.........: : :::::,,s 3:Ces' x �.._=.e =^=1 -�_.. __ .... - *-- ---- • ._..- -.. -e -rte _ _ _ ~ -.. .... ..-� t - . .. ._ . , C-_ .. -_...s -s^e_13 . fir....._-. ...��..,. ."�.'1 ��•i^ ...`vtiry vT z •o�r7�^.2... _r•_�7 .iia., ...at��.._..e�"J A /1 r:• -t V V..__ Sl.___ R==..^-^G� . sis -2,-- eTs r: t,"- 3 == ; � a:=ea - the =c:1cw:zs =nasc=s . , allows _ t y _cr score :: a dec_s_ca cc �e made -ssZ`-_y va__..Ls a__els c= ?rcme--= : - -1 .,-...-; _ _ s. I.a cwt a :1' f mcw what 7. spa c.1 Jey �« _.7 pa epaze ..is _arc "�+^s / 4� -....�..5 �T�� '�toGJ 3c".r1r I ., =s at--cve.: to 4 -1 sudden =•_s�: carer P.--' �.. Section 11 . 78 , tC mCve along _: will a=1cw oK.C. ,:_ s. Ac-ion run - /i . J; • Secz 11-. 40 ; --. C2 , 499 ; __.28 , i. .d. C • `rT C " - v the - -- - / tr. 2 . x....... A to g_az - :J-. _-_.iza_- alo! . .--= C4 .::1';" _�_ +Q$�� ":_-.'-r,.-«fir-$t=��' '�: 1 74 a . _ s.. .. . . =_.. / 2- .-.... ?e= the '' === -r -.,--,,,=,...;-- --Cc -_ss_..__ • C^. L ?Cc".'^'._V= �'�..�....^.ai 11 . /3 Ras"on.._-- (R-4 ) Amend S .-V.3_o.. 3 , C.^.:.^._- r.na. Uses , -a.- _ .... S _owS C. .?-" var. l o.4 g-s Se ==cam 11. 32 _ ( 2-1) Repeal Section 11. 32, Su.ndivt.sion 3 3 as o_i cws: a• a) Mc e_S and .. L__sc.......CC__..:;'.5 ) Au=nniozi ve service station c ) R s=at. Fits 2..7376: ?4‘; Cl"."S c) Drive-in es=a_^?is=-:en=s e) Cpen sales or rental 1^-" • Section 11. 33 Heavy I nth s T ( 7-' ) Repeal Section 11.33 , Su^ ._visicn 3 J as :o?l cws: _ a siccing a State 3, ;�wav: . A =..T..• o Se=T:Cm s 17.a'_c 3 . Res zau wa=s 2w sunme_ o'"•-s 4 . _:e-=-, Z . • • !attoffi,:t,s Phillip R.Krass's James B.Croft Dennis L.Monroe RAS S Orlin D.Te Siaa- Barry K.Meyer & Patricia A.',\eller Jay Q Goldberg MONROE: Patrick J.SAAeene!: Mark J.Moxness x Kathryn E.Kethv Diane M.Carlson • 'n`'r •ce.^.IGnI Cr.d hal sotriaus Also iqm ueo:n v.iscnns:n e AISD Aelm:ttevt�n fyyfnm:a Murray R.Kiane —AI.,.Adlate.::n�u:a Dani 3 Randy B.Evans July 18 , 1991 • Mr. Lindberg Ekola . �; City Planner 129 First Avenue East Shakopee, MN 55379 Re: brambi_ia Rezoning • Our File No. 1932-7 Dear Mr. Ekola: • Thank you for forwarding the information on the Brambilla request for interpretation of the City Zoning Ordinance. As I indicated to you, I have informed Mr. & Mrs . Brambilla that I believe your interpretation is correct and advised them to discontinue any efforts to set that interpretation aside. I understand from Mrs . Brambilla that she has delivered the fee for the rezoning application to your office. As I indicated to you in our telephone conversation, when the "mini bypass " project first came on the scene, the City Council instructed John Leroux and myself to visit with the Brambillas and assure them that the City would be as helpful as it could be in seeing to it that the "mini bypass " condemnation caused as little disruption as possible to their business . The Brambilla family has operated their business on the corner of First and Holmes for over three decades . I am hopeful the staff, the Planning Commission and the Council will keep these assurances in mind as the rezoning process moves along. You and I had a brief conversation about the possibility of reinserting automobile related commercial enterprises such as the Brambilla business as a conditional use in the I-2 zone. Your review of the ordinance has indicated that until a 1986 amendment, such a conditional use would have been available for the property in question. In our discussion you said you would take a look at that as an alternative to see how comfortable you were with that possibility. Given the time constraints imposed by the State of Minnesota, I am sure in its condemnation effort, I am sure you can understand our need to move any proposal along as expeditiously as possible . Reply to:Southpoint o:,•nt,•r.Suite WO. 11651)\lest 82.^.i1 Street.Bloomington.Minnesota 55431 Telephone::6121 885-5999 FA\,tsi3;885•5969 \I•ll'>''r iii >....d Rr, ,. 127\tars.'n.a Road.PO Bo\216.Shakopee.Mie",-soX5379 T'!Pphen:••1(1121 44 '10)FIN'3;121441-71;4(1 Mr. Lindberg Ekola July 18 , 1991 Page -2- I will be anxious to hear your response. Very trul ours / BRASS MO ' CHARTERED 1011 P • ip R. Krass torney a Law PRK/bmp cc: Jack & Doris tsrambilia tXrilblt L.) COMMERCIAL RECREATION VAC NT . -•- , ...... . ._ b.. MM RcIAL• -.•- r, -.: — FRuNie__ . "rRIAL pi. 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CC. X L/../ --/ .N- I— cr SC .. CO p— LU I:: at CO C. Z .Z. i-- p CC Z. < 0 .....( cr 2 >— L1J LU cn I--- --I Z / .A.... '‹ (-4) 4— Z < C.) i — i • 1 f✓�O3 ^;—v..o: i i I I v_ w cr; La.: 1 • Z W (D c Z O u_ • O N = W Lu / ; CC O W LL LLI O CO O CL z z :c"----2 Q CCQ ,_-.7. _:7: ..1._1_;...-_;--:......... ^= � sr W> rte:' r:X — - -- • ' .rte 4R^tr'1-0 _ I cn a' _ ' .'ate ._ v= m z � i, ' k -8-91 - la 411/1• :-=- -44 T.:: ate:a August 6, 1991 Ms. Melanie Kahleck Chairman of Commission 129 First Avenue East Shakopee, MN 55379 Re: Jack and Doris Brambilla Rezoning Dear Ms. Kahleck: First, I would like to thank you for allowing us the opportunity to share our views with the Shakopee Planning Commission. While I'm not able to attend your August 8th meeting I feel it is essential our voice be heard. The purpose of this letter is to make you aware of Conklin's substantial concerns regarding the rezoning from a Heavy Industrial (I-2) to a Highway Business (B-1 ) district, the seventeen (17) acre tract of property located south of Valley Industrial Blvd. North, and west of Valley Park Drive. As you know, the Conklin Company has been a solid citizen of this community since 1971 . We have seen many changes. We view the reauested change for rezoning from Heavy Industrial to Highway Business with extreme caution and concern. Our concerns center on three key issues. 1 . Is the rezoning consistent and essential for the city's comprehensive plan? We don't believe this request is consistent nor an essential part of the comprehensive plan. 2. Will the rezoning erode the value of property? We have strong reservations that the impact of rezoning would be detrimental to the value of ours as well as other properties in this Industrial Park. The permitted uses in the B-1 zone of liquor stores, hotels, restaurants, drive-in retail businesses, etc. , will do nothing to maintain or improve our asset value. We take pride in our facility and spend significant resources in maintaining the aesthetics and asset value of our property. 3. Will the rezoning adversely effect the public safety and welfare? It is our view that an Industrial Park with its factories and heavy trucks imparts a sense of caution. If we begin rezoning B-I within the confines of the Park this caution and prudence will be displaced. The risk of accidents and fatalities will be significantly increased. Conklin Company, Inc. P.O. dox 155 Shakopee. MN 55379 (612)445-6010 Page 2 Brambilla Rezoning August 6, 1991 We respectfully request that the Shakopee Planning Commission consider our concerns. Once again, thank you for the opportunity to share our views. I have enclosed 8 additional copies of this letter for you to distribute with other members of the Shakopee Planning Commission. Very truly yours, CONKLIN COMPANY, INC. Steve Korte Vice President of Operations SLK/njs cc: Lindberg Ekola Jzc MEMO TO: Dennis R. Kraft, City Administrator FROM: Terrie A. Sandbeck, Assistant Planner RE: Final Plat of Eagle Creek Junction 3rd Addition DATE: August 20, 1991 INTRODUCTION: At their meeting on August 8 , 1991, the Shakopee Planning Commission moved to recommend to the City Council approval of the final plat for Eagle Creek Junction 3rd Addition, subject to conditions. BACKGROUND: 1. Randy Laurent of Laurent Builders, Inc. has submitted a final plat for Eagle Creek 3rd Addition. The proposed subdivision is located south of Eagle Creek Boulevard (County Road 16) and abuts Roundhouse Circle to the west. The applicant is proposing to replat Lot 4 and part of Lots 2 and 3 of Eagle Creek 2nd Addition. 2 . The applicant filed an application for the rezoning of this property from R-4 to R-3 concurrent with the preliminary plat. (See Exhibit A. ) On July 2 , 1991, the City Council approved the rezoning application. Down-zoning this property allowed smaller lot sizes and setback requirements, making it possible to develop this long, narrow parcel . 3 . The proposed plat is in substantial conformance with the Preliminary Plat. 4 . Eagle Creek Junction 1st Addition was platted in 1986 in an R-4 zoning district. (See Exhibit B. ) Development in the lots was limited by the small building envelopes encountered due to the required R-4 setbacks. As a result, the developer requested that the area be rezoned from R-4 to R-3 . The City Council approved the rezoning in December of 1990 . The lots in Eagle Creek Junction 2nd Addition, the area being considered for the replatting, were originally created in 1987 and intended to be used for the construction of multi-family units. (See Exhibit C. ) However, housing market conditions have hindered the development of multi-family units in the area. Due to these conditions, the developer requested that the area be down-zoned from R-4 to R-3 , and the subdivision be 3 replatted. 5. Access to the development will be via a continuation of the existing Roundhouse Circle. (See Exhibit D. ) The proposed road will extend the existing Roundhouse Circle in Eagle Creek Junction 1st Addition through Eagle Creek Junction 3rd Addition, and back to County Road 16 (Eagle Creek Boulevard) . This access to County Road 16 from Roundhouse Circle will require an Access Permit from Scott County. The applicant has requested that the stub road which connects Roundhouse Circle to County Road 16 will be renamed "Sarazin Street" to avoid confusion. 6. The final construction plans for the proposed road have not yet been approved by the City Engineer. This approval will be obtained prior to approval of the plat by the City Council. 7 . The final plat shows a 40 ' right-of-way between the center of County Road 16 and the abutting lot lines. County Road 16 is designated as a minor arterial road classification in the draft of the Comprehensive Plan. 8. The developers agreement with both Eagle Creek Junction 1st and 2nd Additions required the developer to install sidewalks, a 10 ' sidewalk easement, and a 20 ' drainage and utility easement along the lot lines abutting County Road 16. This agreement should also be made in conjunction with the approval of Eagle Creek 3rd Addition final plat. 9. County Road 16 has not been upgraded, other than resurfacing, since the 1950s. Inadequate drainage currently exists, and the construction of additional impervious surfaces will add to the drainage constraints. Therefore, a drainage easement across the property and to the north of County Road 16 to the Upper Valley Drainage Way is being required as a condition of the plat approval. 10. The existing County Road 16 ditches are generally flat with inadequate outlets. This causes water to pond in the ditches during storms, and increases the potential for flooding on County Road 16. To alleviate this potential for flooding, the developer will have the ditches graded to a maximum elevation of 760.5 feet. There is a Road Overflow outlet on County Road 16 to allow drainage at an elevation of 761.0, and the new house pads are designed to be at least 2 ' above the elevation of this overflow. A permit from Scott County will be required for grading and utility work in the right-of-way of County Road 16. 11. The Roundhouse Circle overflow (elev. 761.7) will drain storm water from the development to an area between lots 6 4 and 7 of block 1, and to the County Road 16 ditch. In addition to the standard 10 ' drainage requirement, an additional 10 ' of drainage easement is being required between these two lots to provide a sufficient drainage area. 12 . The maximum slopes that should be used for construction on the south side of the plat is 3 : 1. If it is necessary to perform construction on these slopes, retaining walls should be installed. This issue will be addressed during the building permit review process. 13 . The developer' s agreement with Eagle Creek 2nd Addition included street lighting, water service, storm drainage, park dedication, and sidewalk construction. Bringing these improvement requirements forward to Eagle Creek 3rd Addition will release the developer from these obligations with Eagle Creek 2nd Addition. These agreements have been reviewed and updated as necessary in conjunction with the new plat. 14 . No special assessments currently exist on the property. 15. Staff recommends, as with Eagle Creek Junction 1st and 2nd Additions, that a park dedication fee be collected in lieu of accepting park land. The property is not identified as a future park site in the Comprehensive Plan Parks Element. RECOMMENDATION: The Planning Commission recommends approval of the final plat of Eagle Creek Junction 3rd Addition, subject to the following conditions: 1. Approval of title opinion by the City Attorney. 2 . Execution of a Developers Agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of the SPUC Manager. b. Water system to be installed in accordance with the requirements of the SPUC Manager. c. Installation of sanitary sewer and storm sewer system and construction of streets and street signs in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. d. Cash payment in lieu of park dedication shall be 5 required. 3 . A sidewalk along all lots, including Outlot A, will be required along County Road 16, as per sidewalk agreement filed with the Scott County Recorder on December 31, 1986 (No. 228468) . Persuant to this agreement, the City will construct the sidewalk, and public hearings and appeals to the assessments have been waived. Sidewalk installation shall not be required until upgrading of County Road 16 is complete. 4 . The developer will be responsible for the grading of the plat, as per the drainage plan. 5. The developer shall enter into an access agreement as follows: No access to County Road 16 will be allowed from Lots 1, 2 , 3 , 4 , 5, 6, 7, and 8 of Block 1, and from Lot 1, Block 2 . Access from County Road 16 to the development shall be via the proposed street, Roundhouse Circle. 6. The developer shall obtain and provide a public drainage easement across the property to the north of County Road 16 to the Upper Valley Drainage Way prior to the filing of the plat. The easement shall be dedicated to Scott County. A copy of the recorded drainage easement documents must be submitted to the City. 7 . The developer and/or Scott County Highway Department shall perform the needed drainage work in the County Road 16 right-of-way and in the drainage easement to the Upper Valley Drainage Way. ACTION REQUESTED: Offer Resolution No. 3443 , a Resolution Approving the Final Plat of Eagle Creek Junction 3rd Addition, and move its adoption. 6 RESOLUTION NO. 3443 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL PLAT OF EAGLE CREEK JUNCTION, 3RD ADDIITON. WHEREAS, the Planning Commisison of the City of Shakopee did approve the Final Plat of Eagle Creek Junction, 3rd Addition on August 8, 19991, and has recommended its adoption; and WHEREAS, all notices of hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Plat of Eagle Creek Junction, 3rd Addition, described on Exhibit A attached hereto and incorporated herein is hereby approved subject to the following conditions: 1. Approval of title opinion by the City Attorney. 2 . Execution of a developer's agreement for construction of required improvements: A. Street lighting to be installed in accordance with the requirements of the SPDC Manager. B. Water system to be installed in accordance with the requirements of the SPUC Manager. C. Installation of sanitary sewer and storm sewer system and construction of streets and street signs in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. D. Cash payment in lieu of park dedication shall be required. 3 . A sidewalk along all lots, including Outlot A, will be required along County Road 16, as per sidewalk agreement filed with the Scott County Recorder on December 31, 1986 (No. 228468) . Persuant to this agreement, the City will construct the sidewalk, and public hearings and appeals to the assessments have been waived. Sidewalk installation shall not be required until upgrading of County Road 16 is complete. 4. The developer will be responsible for the grading of the plat, as per the drainage plan. 5. The developer shall enter into an access agreement as follows: No access to County Road 16 will be allowed from Lots 1, 2 , 3 , 4 , 5 , 6, 7 , and 8 of Block 1, and from Lot 1, Block 2 . Access from County Road 16 to the development shall be via the proposed street, Roundhouse Circle. 6 . The developer shall obtain and provide a public drainage easement across the property to the north of County Road 16 to the Upper Valley Drainage Way. The easement shall be decicated to Scott County. A copy of the recorded drainage easement documents must be submitted to the City. 7 . The developer and/or Scott County Highway Department shall perform the needed drainage work in the County Road 16 right-of-way and in the drainage easement to the Upper Valley Drainage Way. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer' s Agreement. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1991. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney 2 • E XH i ea7r ATTACHMENT # 1 That part of Lots 2 , 3 and 4, Block. 1 , EAGLE CREEK ,JUNCTION 2ND ADDITION, Scott County, Minnesota, according to the recorded plat thereof lying southeasterly, easterly and northeasterly of the following described line : Commencing at the northwest corner of said Lot 2; thence on an assumed bearing of South 61 degrees 11 minutes 08 seconds East, along the northeasterly line of said Lot 2 a distance of 456 . 28 feet ; thence continuing southeasterly along said northeasterly line along a tangential curve concave to the southwest having a radius of 32,496 .65 feet, a delta angle of 00 degrees 01 minutes 09 seconds a distance of 10.89 feet to the point of beginning of the line to be described; thence South 30 degrees 33 minutes 02 seconds West a distance of 278 . 88 feet ; thence South 41 degrees 10 minutes 57 seconds East a distance of 421 . 68 feet to a point on the northwesterly_.. extension of the southwesterly line of Lot 4, Block 1 , EAGLE CREEK .JUNCTION 2ND ADDITION said point being 200. 13 feet northwesterly of the most westerly corner of said Lot 4 and there terminating. . . •• il . .••/./ 1 .; % • ....• ••• -r---- — ..---... .—41.:.?..r 73: •—• - . ... . . . . . . .... .....4. • ••_. .•__ _• • ... .. ..... . , ime emem ... ... • • .11.. ....•••••••••''••••••••1• ••••••••••••••111. 1.• . .•=1.0.0nedneme4.4m,•4ita.*4I0.4•••••On••••=•......1.1.44m.•••••...e•••.41••••••MII•a/11•M..•••••••1•MIML•/MIL••/Mak• ••••••••• • •••••/// t • t ••••••••• ...., . . ........... •.• ......./..... t •••0 •••••••••••• • • -i• L • . ,•••••••••..." • ......• , • 11.:.`‘ .. 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I ! - 1 f' + r"C 1 ./ I'J'.-_ n rL)11 , „ I1j11 `' ' ION 3RD ADDITION & NOWAK INC. VEYORS SCALE IN FEET 0 60 120 180 240 300 DRAINAGE 8 UTILITY EASEMENTS ARE SHOWN THUS. • I I . I I s . - - t 1- - - - i BEING 5 MT IN MOTH ANO ADJOINING LOT LINES. ANO 10 FEET IN WIOTH AN0 ADJOINING STREET LINES. UNLESS OTHERWISE INDICATED ON THE iLAT. !� \ _ BEARINGS SHOWN ARE ASSUMED IIIIFI a DENOTES IRON MONUMENT .6.s //-\o4.-.. / / ti .. ,yam ..V/ / , OJ.12, Sp •t"v . 6 • ,:// 1 ,i'/ 1 ) -.:- /9. 4 Tii-....t1"......:'-...\„...........„.... J/ � / ,/ m/ >,0 : 2. /` / / �y / r1! ` 20 � W 4� ^lam/ a¢�/� �l \\\ \°�aSE:4, .. Q VL 'i �- ! �Ci `�� CIRCCQ/,so Jls, --\\ , // .ii7 �/ A j co /,,reqs � w E. ''`.4.0„,A41.4, 2t�2 Hit• °��or s'4 41 ry / 8 3 „l \ / M /1 1* 8 1/ 75/ - [ ,, c., s___„1 , .. v / t' +J 7 tR ' t 'r' .� v) c 7_ y / 10 ,._C.592e,, .3...4 ,'I l_, (1 ,J 0°)..4 �7 / �\ 24/ lc• � / h;n /_,/,--,-,...,.,.„:"...."--......../ J h� -- J-t, �� .' SHEET 2 OF 2 SHEETS RESOLUTION NO. 3443 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL PLAT OF EAGLE CREEK JUNCTION, 3RD ADDITION. WHEREAS, the Planning Commission of the City of Shakopee did approve the Final Plat of Eagle Creek Junction, 3rd Addition on August 8, 1991, and has recommended its adoption; and WHEREAS, all notices of hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Plat of Eagle Creek Junction, 3rd Addition, described on Exhibit A attached hereto and incorporated herein is hereby approved subject to the following conditions: 1. Approval of title opinion by the City Attorney. 2 . Execution of a developer's agreement for construction of required improvements: A. Street lighting to be installed in accordance with the requirements of the SPDC Manager. B. Water system to be installed in accordance with the requirements of the SPUC Manager. C. Installation of sanitary sewer and storm sewer system and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. D. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of A a D . D $250. 00 each per sign pole. E. Cash payment in lieu-of park dedication shall be required. 3 . A sidewalk along all lots, including Outlot A, will be required along County Road 16, as per sidewalk agreement filed with the Scott County Recorder on December 31, 1986 (No. 228468) . Pursuant to this agreement, the City will construct the sidewalk, and public hearings and appeals to the assessments have been waived. Sidewalk installation shall not-be required until upgrading of County Road 16 is complete. c::at 4111.1.1"1" .._ 4 . The developer will be responsible for the grading of the plat, as per the drainage plan. 5. The developer shall enter into an access agreement as follows: No access to County Road 16 will be allowed from Lots 1, 2 , 3 , 4 , 5 , 6, 7 , and 8 of Block 1, and from Lot 1, Block 2 . Access from County Road 16 to the development shall be via the proposed street, Roundhouse Circle. 6. The developer shall obtain and provide a public drainage easement across the property to the north of County Road 16 to the Upper Valley Drainage Way. The easement shall be dedicated to Scott County. A copy of the recorded drainage easement documents must be submitted to the City. 7 . The developer and/or- Scott County Highway Department shall perform the needed drainage work in the County Road 16 right-of-way and in the drainage easement to the Upper Valley Drainage Way. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer' s Agreement. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1991. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: /1//b)_______1(----4-17 City Attorney i 2 1 MEMORANDUM TO: The Mayor and Members of the City Council FROM: Karen Marty, City Attorney DATE: August 8, 1991 RE: Turtle ' s Liquor License Violation BACKGROUND: On July 23 , 1991, the City Council, acting as a committee of the whole and hearing board, conducted a hearing regarding liquor license violations by Turtle' s Bar & Grill, Inc. A report has been prepared setting forth findings of fact, conclusion, and a recommendation, based on that hearing and the discussion that followed. The report was sent to Turtle ' s for review on August 9 , 1991. They have had ten days to file exceptions to that report, and may present argument if they wish at the City Council meeting on August 20, 1991. The Comittee of the Whole directed staff to collect the expenses, so that these may be included in the order of the City Council. No expenses were reported by any department other than the bill of the Court Reporter. This bill was for $82 . 50. This amount has been included in the resolution. ALTERNATIVES: 1. Adopt Resolution No. 3447 as drafted. 2 . Amend Resolution No. 3447, and adopt it as amended. 3 . Direct staff to prepare a new resolution, reflecting specific other findings or recommendations. ACTION REQUESTED: Adopt Resolution No. 3447 , a resolution of the City of Shakopee, Minnesota, imposing a penalty and costs on Turtle ' s Bar & Grill, Inc. for liquor violations. [TURTHRG] In the Matter of the Consideration of Turtle' s Bar & Grill, Inc. Liquor Violations by the Shakopee City Council SYLLABUS On July 23 , 1991, the matter came before the City Council , acting as a committee of the whole and hearing board, regarding violations of the liquor laws by Turtle 's Bar & Grill, Inc. The violation was uncontested, and the hearing board is now submitting its findings of fact, conclusion, and recommendation to the City Council . FINDINGS OF FACT The City Council, acting as a committee of the whole and hearing board, considering the above matter, makes the following findings of fact: 1 . On July 23 , 1991, this matter was presented to the City Council, acting as a committee of the whole and hearing board. Members present were Steve Clay, Gary Laurent, Bob Sweeney, Jerry Wampach, and Joe Zak. The City was represented by Karen Marty; Turtle's Bar & Grill, Inc. was represented by Gary Turtle, pro se. 2 . The City Council, acting as a hearing board, has jurisdiction to hear this matter under Minn. Stat. Sec. 340A. 415. 3 . Turtle ' s Bar & Grill, Inc. has been charged with violating Minn. Stat. Sec. 340A. 415, which provides that "The authority issuing or approving any retail license or permit under this chapter shall either suspend for up to 60 days or revoke the license or permit or impose a civil fine not to exceed $2 , 000 for each violation on a finding that the license or permit holder has failed to comply with an applicable statute, rule, or ordinance relating to alcoholic beverages. " 4 . Turtle ' s Bar & Grill is a family-run establishment. 5. On February 9 , 1991, between 1: 00 a.m. and 1: 30 a.m. , Bryan Turtle, son of owner Gary Turtle, and employee of Turtle ' s Bar & Grill, closed the establishment and went to his apartment over the establishment. He had intended to have a get-together there with some friends after the bar closed that morning. 6 . During the previous evening the cleaning lady called in and stated she had hurt her back, so Bryan had to clean the establishment. When he returned to the establishment to clean after 1 : 00 a.m. , several of his friends came with him. 7 . At and after 1: 40 a.m. that night, Sgt. Richard Kaley of the Shakopee Police Department observed individuals inside Turtle ' s Bar & Grill . Several of these individuals were holding glasses of an alcoholic beverage, and one individual was observed drinking a beer. 8 . Liquor establishments are not allowed to serve liquor after 1: 00 a.m. , and all liquor must be consumed or poured out by 1: 30 a.m. 9 . Sgt. Kaley contacted Bryan Turtle in Turtle ' s Bar & Grill at that time, and subsequently issued him a ticket for allowing consumption of beer on licensed premises over thirty minutes after the time of legal sale. 10 . Bryan Turtle pled guilty to this charge, and paid a $100 fine. 11. Turtle ' s Bar & Grill has not been a source of much trouble for the Shakopee Police Department. 12 . Gary Turtle, father of Bryan Turtle and owner of Turtle ' s Bar & Grill, has taken numerous measures to make sure this problem does not reoccur, including requiring all employees to sign a statement that they have read certain City ordinances, and installing a security system that reports which employees have opened or closed the doors of the establishment. 13 . Gary Turtle was not aware of this prohibition in the law at the time the violation occurred. CONCLUSION Turtle ' s Bar & Grill violated an applicable law relating to alcoholic beverages, and is subject to penalty under Minn. Stat. Sec. 340A. 415. RECOMMENDATION It is recommended that the liquor license of Turtle ' s Bar & Grill, Inc. be suspended for a period of three days. Subject to the explicit agreement of Turtle' s Bar & Grill, this suspension of the license shall be held in abeyance for a period of one year, on condition that there be no further violation of the laws relating to alcoholic beverages. In addition, Turtle 's Bar & Grill shall pay to the City a sum sufficient to cover the costs incurred by the City, up to a maximum of $250 . -2- RESOLUTION NO. 3447 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, IMPOSING A PENALTY AND COSTS ON TURTLE ' S BAR & GRILL, INC. FOR LIQUOR VIOLATIONS . WHEREAS , on July 23 , 1991, the City Council, acting as a committee of the whole and hearing board, heard the facts and presentations relating to violation of the liquor laws by Turtle ' s Bar & Grill, Inc. ; and WHEREAS , the committee of the whole submitted its report and recommendation as to a penalty; and WHEREAS , this report was mailed to Turtle ' s Bar & Grill, Inc. on August 9 , 1991, more than ten days ago, and they have been afforded an opportunity to file exceptions and present argument to the City Council; and WHEREAS , the City Council is now prepared to render its written decision and order, based on the record, including the report, any exceptions, and arguments. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS : That the City Council hereby adopts the findings of fact made in the hearing board' s report, based on the July 23 , 1991, hearing, in their entirety. A copy of this report is attached hereto and incorporated herein. That the City Council makes the following conclusion: That Turtle ' s Bar & Grill violated an applicable law relating to alcoholic beverages, and is subject to penalty under Minn. Stat. Sec. 340A. 415 . That the City Council makes the following order: That the liquor license of Turtle ' s Bar & Grill, Inc. shall be suspended for a period of three days. With the explicit agreement of Gary Turtle, representing Turtle ' s Bar & Grill, this suspension of the license shall be held in abeyance for a period of one year, on condition that there be no further violation of the laws relating to alcoholic beverages. In addition, Turtle ' s Bar & Grill shall pay to the City the sum of $82 . 50 , to cover the costs incurred by the City. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1991. Mayor of the City of Shakopee Attest: City Clerk e%Approved as to form: / City Attorney [TURTHRG] -2- 1 , # 1 3 b. MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR FROM: MARK MCQUILLAN, PROGRAM SUPERVISOR DAVE HUTTON, PUBLIC WORKS DIRECTOR 111111111 i SUBJECT: SWIMMING POOL IMPROVEMENTS DATE: AUGUST 14 , 1991 INTRODUCTION Staff is requesting Council authorization to make several improvements at the Municipal Swimming Pool . BACKGROUND The City of Shakopee Swimming Pool is in dire need of several repairs . The pool is over 20 years old and has never had any major repairs. Staff would like to summarize each item and would like Council authorization to make the necessary improvements. 1 . Liner Replacement The plastic liner needed to prevent water from seeping out of the pool is basically shot. It has been deteriorating for several year, but the extent of the problem magnified tremendously in 1991 . On a daily basis, pool personnel are adding anywhere from 75 ,000 to 175,000 gallons of water. Obviously, there is a major rupture in the pool liner or bentonite material under the liners. At the current SPUC rate of $ . 90 per thousand gallons , this seepage is costing the City $157 . 50 per day or 9450. 00 annually during the 60 day season . Staff has obtained an estimate of $75,000 to replace this liner. (See attached correspondence. ) The liner should be replaced during the fall of the year in order to avoid delaying the opening of the pool if the work was done in the spring. 2. Filter Media Replacement The sand filter media is no longer effective. Sand is normally irregular, sharp pointed particles. Over time the sand particles will become rounded due to the flushing action of the water. Once the particles become rounded, the sand no longer provides adequate filtering and should be replaced. A typical sand filter media will last between 10-12 years. The sand filters at the pool are the original filters and have never been replaced. Consequently, the water quality at the pool is not consistent and additional staff time is spent backwashing the filters to obtain the required water quality. Staff has obtained a cost estimate of $7 , 000 to replace the sand filter media. 3 . Diving Area Concrete Wall i The current concrete wall in the diving area is too close to the 3-meter diving board, according to current design standards. At the time it was constructed 20 years ago it did meet standards. There have been several instances where divers have struck this concrete wall when they are coming up from their dive. To reduce the City's exposure to liability and for safety reasons , staff proposes to relocated this wall to current standards. If this is to be done, the best time to do it is when the pool bottom is excavated during the liner replacement. The cost of this work has been estimated at $25 ,000. 4. Replace Fiberglass Joints on the Waterslide Recently, there was an accident on the waterslide whereby a section of fiberglass material at one of the joints came loose and resulted in injury to that person. The waterslide has been closed for the remainder of the season until this joint can be repaired. Periodically, the joints are fiberglassed over to make a smooth surface. The last time this was done was 2 years ago. Also, pool staff walk the waterslide daily to inspect the joints. Because of the recent accident though , staff would like to have all of the joints inspected and fiberglassed if necessary. If all of the ,joints are in need of fiberglassing, it will cost approximately $5 ,000 , but at this time it is not known how many joints are needed. SUMMARY AND ALTERNATIVES The total estimated construction cost for the above discussed improvements is $112 ,000. In order to put together the plans and specifications, staff time, contingencies, etc, additional expenditures may be incurred. To adequately cover all potential expenses, staff feels that a figure of $130,000 should be used for all funding discussions. Staff feels that these are the following options: 1 . Authorize the work to be done yet in 1991 during the fall . (See funding discussion for this option below. ) 2 . Authorize staff to budget for these improvements in the 1992 budget. The work would be done in the fall of 1992 . 3 . Do nothing. 4 . Refer this item back to the Committee of the Whole for disussion. The Finance Director indicates that there is a Fund Balance from the 1990 budget of approximately $200, 000 and recommends utilizing that money to make these improvements yet this year. The City will probably not have any substantial fund balance from the 1991 budget and certainly not in the 1992 budget based on the current financial situation. A second funding option would be to utilize the Capital Improvement Fund, although this is historically for use on street projects not maintenance related items. The Finance Director can respond to this option. A third option would he to use the Park Reserve Fund . (See attached summary. ) The Fund balance in this fund is approximately $234, 000 and using this for the pool improvements would severely deplete this fund. Other park improvements may be postponed due to lack of funds. RECOMMENDATION Staff recommends Alternative No. 1 . The requested improvements are needed and financially it appears that the funding is available for making the repairs in 1991 . ACTION REQUESTED Direct staff to prepare plans and specifications for making the recommended improvements to the Municipal Swimming Pool and authorize staff to advertise for this project. park/pool CIAMSM Orr Scttelen �,Inc. 2021 East Hennepin Avenue July 23, 1991 Minneapolis,MN 55413 612-331-8660 FAX 331-3806 Engineers Architects Mr. Dave Hutton Planners Public Works Director/City Engineer Surveyors City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 Re: Community Swimming Pool Rehabilitation Cost Estimates OSM Project No. 0273-91 Dear Mr. Hutton: Attached please find a copy of a memorandum following our Municipal Swimming Pool Inspection. You may have already received one of these from Mr. Bob Frigaard. Our Inspection was to provide background information to supply you with cost estimates for three main areas affecting the pool. These cost estimated I understand will become part of next year's budget for the pool rehabilitation. Following are the three areas of concern and their cost estimates. Item Amount 1. Pool Liner Replacement $ 75,000 2. Diving Area - Concrete Wall Replacement 25,000 3. Filtration Equipment Rehabilitation 7.000 Construction Cost Estimate $107,000 Indirect Cost (21.5%) 23.000 Project Cost Estimate $130,000 If you have any questions or would like additional information, please let me know. Sincerely, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. James P. Norton, P.E. sb/0723911.jpn c: Mr. Bob Frigaard t,p I?I(lnnnr.,!nlhr CTnIf,,P? • • CIAMSX p . 2021 East Hennepin Avenue Schelen Minneapolis,MN 55413 Mayeron& 612-331-8660 Engineers Surveyors Planners Memorandum Associates,Inc. FAX 331-3806 TO: File FROM: James P. Norton, P.E. DATE: July 16, 1991 SUBJECT: Municipal Swimming Pool Inspection, City of Shakopee, Minnesota OSM Project No. 0273-91 Today there was a meeting at the Shakopee City Hall. The following people were present: Dave Hutton /City Engineer Mark McQuillan /Park Director Jim Norton /OSM Bob Frigaard /OSM We met at the City Hall to begin the discussion about the inspection of the municipal swimming pool for the City of Shakopee. We left immediately after Mark McQuillan got there to go and inspect the swimming pool. The swimming pool is not the normal type of swimming pool that comes to mind when you think of municipal pools. This pool is more like a combination sand beach and pool. The way it was excavated was there was material excavated in a saucer shape. There was a liner put down, sand material was brought in and put on top of the liner, and a concrete curb was constructed around the perimeter. On top of the liner there was approximate 1 to 1-1/2 feet of sand installed. On the south side of this saucer shaped pool there was a concrete diving area constructed. The State of Minnesota does not necessarily recognize this as an official swimming pool. That may have to be one of the definitions we get into upon further investigation of this potential project. There were two people we met at the swimming pool, Kim Tieben, Swimming Pool Manager, and her assistant, Tye Willmsen. Following are the items we discussed as part of the inspection of the pool: 1. Liner - The plastic liner that was installed as the bottom waterproof membrane for the pool is basically shot. The Pool Manager and her assistant commented about numerous times where the plastic was found floating at the surface of the water. 2. Budget - The reason for the investigation today was to identify the work needed to rehabilitate and repair the pool. This dollar number, which the City would like by this coming Friday, will be made part of the budget for next year's work. Memorandum July 16, 1991 Page 2 3. Filtering Equipment - I climbed up the ladder to look at the filtering equipment. The filtering building is a two-story building with an open sand filter as the second floor. The piping and pumping mechanisms are in the first floor. It is a gravity sand filter system that is used for recycling and cleaning up the water. 4. Pool Size - The pool size appears to be approximately one acre. (Refer to drawings for actual size.) 5. Initial Construction - Some comments made by the Shakopee representatives indicated that the pool liner may have been initially compromised when the sand was put in. The method of construction was the excavation of the saucer shape, the installation of the pool liner on top of this, and then the sand material placed on top of the liner. The placement of the sand material was done with a front-end loader and there is a question about the care that was used when running the loader on top of the liner to place the sand. 6. Plastic Liner-As mentioned previously, the Manager and her assistant have seen the plastic liner surface in numerous places. What this basically tells us is that the liner is pretty well shot. Comments from other representatives, such as the City Engineer and the Park Director, indicate however,that there was a bentonite material installed under the liner. This was probably intended to be a backup waterproofing layer in case the plastic liner did fail. At this time, the thought is that the liner should probably be totally replaced. 7. Make-up Water - The Pool Manager, Kim Tieben, indicated to me that on a daily basis they put anywhere from 75,000 to 175,000 gallons of water per day in the pool. This is the water needed to make-up the loss either through evapotranspiration or seepage through the bottom. She said this was the typical volume of water that she has put in over the last five days. They do have a water meter where they actually record these meter readings. 8. Chlorine Room and Pumphouse- Adjacent to, but separate from the pumphouse via an outside door, is the chlorine room. The chlorine room has a one-bottle gas chlorinator that uses an Advance chlorination unit. At the time we were there, there was one bottle in operation and 11 bottles stored in the room. These are 150 pound cylinders. 9. State Recognition - There was a statement made today that the State does not recognize a sand bottom swimming area that has been constructed such as this one as a pool. There were comments about other communities that have attempted to construct a pool similar to this one and the State has not allowed it or they have not • Memorandum July 16, 1991 Page 3 allowed it to be identified as a municipal pool. 10. Three Main Areas of Cost Estimates A. Filtration Equipment - For the filtration equipment,we should provide a cost estimate and an explanation of equipment and material that should be replaced as part of the overall project cost. Upon inspection today, it was apparent to me that the sand filters, which are exposed to the atmosphere, are not being operated the way they should be. The water that is being delivered to the sand filters is allowed to drop straight down through vertical spigots and after about a four or five foot drop hit the exposed sand media. There is no water surface level above the sand. As a result, there are penetrations in the sand where the water is dropping onto the top of it. The park people evidently told the Pool Manager to backwash the filters twice a day. Normally, these filters would not be backwashed quite that often. Part of the corrective work would be to get this filtering unit back into a proper operational sequence. This may or may not mean that some type of automatic backwash operation should be initiated. The City should be consulted. B. Liner - We should give them a cost estimate for totally replacing the liner. That would mean dewatering the entire area, removing all of the sand, removing the liner, investigating the bentonite, replacement or repair of any questionable areas and totally installing a brand new liner, and placing the sand back on top of the liner. It is my understanding that they want the pool replaced inkind and not changed from its original design. C. Diving Area/Cement Wall -In the diving area, which is approximately 12 feet deep on the south side of this pool, there is a cement wall about 5 feet under water that identifies the northerly most wall of the diving area. This wall is apparently too close to the 3-meter diving board. Close enough, so that in several instances when people have dived off the board and come up, they have hit themselves on this concrete wall. The question is can this wall be moved. If so, how much would it cost to move this wall. These are the three main estimate items we should prepare. Also, an alternate estimate item that we have been asked to look at is the cost for changing their chlorination system. Instead of having a single-head chlorinator, what would it take to change to a dual-head chlorinator with an automatic switchover. Memorandum July 16, 1991 Page 4 11. Circulation and Algae Growth - Part of what the Pool Manager told me today is that at the bottom of the diving area, they have algae and mussels growing on the bottom to the extent that periodically they have to dive down and actually scrape them off and bring them up in buckets. As she says, this is not a very conducive atmosphere for a swimming pool. 12. Diving Area - The diving area is the only area that does not have a sand bottom. It appears to be a trapezoidal type of cross-section with a drain on the bottom, which I believe is used for recycling the water through the filters. I have to believe that the sand from the pool area eventually gets into this diving area. Probably to the extent where it may have partially plugged up the drain pipe in the bottom. 13. Teardrop - The Park Director, Mark McQuillan, informed me that the Lions are interested in providing money for a teardrop. A teardrop is a piped fountain that spues out fined bubbled water that the kids can run underneath. This would be installed out in the pool area. Part of the problem I see with this is that this piping would probably have to penetrate the new liner. This may not be a significant problem if we can come up with a good water tight detail for this liner penetration. 14. Schedule - As mentioned previously, they would like us to have these cost estimates by this coming Friday, July 19, 1991. If this is not possible, within the next couple of days, either Bob Frigaard or I will contact Dave to let him know when we would be able to provide these cost estimates. /cmw 07160273.91 PARR RESERVE FUND PROJECTIONS 1989 1990 1991 Actual Actual Budget Revenue Park Dedication Fee $ 16, 970 $ 143 , 942 $ 25, 000 State Grant 27, 490 21, 900 Interest 13 , 671 19 , 054 10, 000 Contributions 11, 200 56, 669 40, 000 Total Revenues 69, 331 219 , 665 96, 900 Expenditures Hauer' s 4th Equipment 15, 000 O 'Dowd Trail 15, 000 Eastside Develop (JEJ) 17, 930 86, 800 Riverside Improvements 10, 870 Lion ' s Park Trail Extension River Overlook 5, 238 Tahpah Lighting 93 , 207 Hiawatha Upgrade Equipment 9, 993 Holmes Park Equipment 9 , 986 Tahpah Park Sprinkling 25, 000 Total Expenditures & Transfers 36, 087 111, 137 141, 800 Excess (deficiency) of Revenues Over Expenditures $ 33 , 244 $ 108 , 528 $ (44 , 900) Reserved for Land Acquisition $ 124 , 369 $ 167, 780 $ N\A Unreserved (60%) 46, 743 111, 860 N\A Fund Balance December 31 $ 171, 112 $ 279 , 640 $ 234 , 740 d i 1 / C__ MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: T.H. 169 Bridge and Minibypass DATE: August 14, 1991 INTRODUCTION: Attached is a proposal from the T.H. 169 Bridge and Minibypass consultant for providing additional design services associated with installing decorative street lights on the project instead of the standard Mn/DOT highway light. BACKGROUND: On June 4, 1991 the City Council of Shakopee discussed the type of street lighting desired on the new T.H. 169 Bridge and Minibypass. Mn/DOT had indicated to staff that they would install the standard highway lights unless the City desired the decorative lights utilized downtown. Mn/DOT indicated that the costs associated with the decorative lights, estimated at $40,000, would need to be paid for by the City. The City Council approved of the decorative light option and directed staff to notify Mn/DOT, in order for them to incorporate those lights into the plans. Funding for this additional expense will be provided either through the Capital Improvement Fund, the Bridge Project Fund or the Tax Increment Fund, according to the Finance Director. In order to incorporate the decorative lighting into the plans for the minibypass portion of the project, changes are required in the design. The reason for this is that the minibypass plans (consultant designed) are farther along than the bridge plans (Mn/DOT designed) and therefore in order to be consistent and incorporate the decorative lighting into the minibypass design, revisions to the plans are required. Attached is a proposal form Howard Needles Tammen & Bergendoff, the minibypass consultant, to incorporate these changes into the plans. They have estimated that the estimated cost of the revisions will be $7 , 514 . 00. The funding for this would be included in the City of Shakopee's $1.9 million contribution to the project. ALTERNATIVES: 1. Approve of the request. 2 . Deny the request. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to approve of the proposal from Howard Needles Tammen & Bergendoff to revise the design of the minibypass to incorporate decorative street lighting for an estimated design fee not to exceed $7 , 514 . 00 and direct staff to notify the consultant of this action. DH/pmp LIGHTS HOWARD NEEDLES TANIMEN & 6700 France HNTB ARCHITECTS ENGIN ERS PLANNERS Avenue AvenueSouh Suite 260 Minneapolis,Minnesota August 1, 1991 5543.5 (612)920-4666 Mr. David Hutton Public Works Director City of Shakopee 129 East 1st Avenue Shakopee, Minnesota 55379 RE: Shakopee Downtown Bypass Roadway Lighting Dear Mr. Hutton: HNTB is submitting the enclosed proposal for redesign of roadway lighting and modifications to construction plans and specifications for the Shakopee downtown bypass. This proposal results from the City's request to replace the standard Mn/DOT roadway lighting originally shown on the plans with ornamental lighting. As shown in the enclosed cost estimate, HNTB has estimated a total fee of $7,514.00 for this work. The above fee covers the labor required for a total redesign of roadway lighting using ornamental fixtures. Nothing from the original design calculations is salvageable for this effort. Layout of the ornamental lighting will be more complex than standard lighting because of the shorter spacing requirements and the interrelationship with standard luminaires at the three signalized intersections. The fee also includes labor required to modify the plans, specifications and cost estimate. With the exception of the base map for the lighting layout, a couple details and the basic layout of the tabulation sheets, nothing from the original roadway lighting plans is salvageable. HNTB is committed to completing this project in an expedient and professional manner. If you have any questions regarding this proposal, please call me or George Stuempfig at 920-4666. Sincerely, HOWARD NEEDLES TAMMEN & BERGENDOFF , �eff . Stewart, P.E. JWS/gms Enclosure P CharSe T.Hen go PE.Daniel J.SO.gai PE.John L Cotton PE.Robert S.Coma PE.Donald A.Duoeea PE.James L.Tuttle.Jr PE.Hugh E Schell PE. Cary C Goodman AIA.Gordon H Slane,.Jr.BE Harvey K.Hammond.Jr.PE,Staohen G Goddard PE.John W.Wont.Jr.PE.Renard D.Beckman PE.Recnare L.Farnan Ala.. D0.eoac E.Prescott PE.Ronald L Martie PE Associates Kendall T Lincoln CPA.Roberts W Smethem PE.Harry O.Rertossa PE.Raton E.Robeson PE.Walter Sharko PE.Frank T.Lamm PE.H.Jerome Butler PE. E aese M.Cerreeree PE.Meonae'P.Ingeraia PE.Bernard L.Prenea PE.Stephen B.Dunn PE.Saul A Jacobs PE,Ewing H.Motor FAIA.Douglas C Myhre PE. Carl J.Mellen PE.Darnel F.Becker PE.Donald P Knuth PE.Thomas L.Weleeams AIA.Jon,E.Kuoks PE.Rodney P.Bella PE.Steven M Re ms AIA.Robert A.Leedk PE. Glenn D. Saouleky PE. Bomar-hen A. Whirler PE. Roger S Austen PE, John 0 Brothers PE. Charles L. O'Reilly, Jr. PE. Robert M. Sloan PE. D ouglas A. Boyo AIA. Raymond J. McCabe PE.Thomas A. Skinner PE.Paul A. Yarosae PE. F.Chrestooher Demand ASLA AICP. Roland W. Frer.eng A.A. James T.Keene AIA.Terry K.Maier AIA,Roger C.Ward PE.Maurice O.Miller PE.Robert L.Watson AlA.James P.Pit,PE 0/flows Alexandria.VA.Atlanta.GA.Baton Rouge.LA.Boston.MA.Charleston.WV.Chicago.IL.Cleveland.OH.Concord.CA.Dallas.TX.Denver.CO.Fairfield.NJ. Hertford.CT.Houston.TX.Indianapolis.IN.Irvine.CA.Kansat C.ty.MO.Lou:svella.KY.Lexington.MA.Los Angeles.CA.Miami.FL.Milwaukee.WI.Menneaoolie.MN. New York.NY.Oklahoma Cety.OK.Orlando,FL Overland Park.KS.Pneiadeloiva.PA.Pnoen.x.AZ.Rainey,.NC.Seattle.WA.Tamne.FL.Tulsa.OK.Wilmington.OE SCOPE OF SERVICES FOR ROADWAY LIGHTING CHANGES This proposal is to provide additional engineering services requested by the City of Shakopee for its downtown bypass project. Included is a redesign of the roadway lighting system to replace standard Mn/DOT lighting with ornamental lighting similar to that presently used in the downtown area. Plans, specifications and construction cost estimates will be revised accordingly. A brief description of tasks follows: Task 1. A new roadway lighting system will be designed for the Shakopee downtown bypass that will use ornamental lighting similar to that currently being used downtown. Lights will be spaced to provide luminous intensity appropriate for the type and location of facility. Task 2. Construction plans for Shakopee downtown bypass will be revised as necessary to incorporate the new roadway lighting system. Changes that will be required include the layout, wiring diagram and table on the roadway lighting plan, detail sheets,estimated quantity sheets, and the standard plates and lighting summaries. Task 3. The specifications and construction cost estimate will be revised to incorporate the new lighting system. CO OO N N N O Tr to M Tr CO CO OO Ji_ OOI- N. N- O NOC) CM1- co ' ' M ER *- I- MER ER .- ER CO ER EA ER ER ER ER ER ER CV p O ER H _I CO TNO � CAIn 1- TNNCO LATr < CC T 00 N N _ L8O N CD h H 69 U O O CO (A .- NCO co O cn ~ ER W N CO •- - N N 0 0 Z 45 0 C ° T ER ER 2 W .56 U LU 0 Z CTONCOt COCO 'tCCTO O = U1 C O O J W Q (a Nr N r r T N N T r N 0 - 0 (O N. r In O- � O ER ER ER co OCL c ER W M 0) OC CC C E. LL •1: 0 CL C P O J co13 /W O Q WOU) CES _ a5 Z C CO 6 0 Q dui o\O° H ,6 Z O 0 a) 0 z 0 0 T CAOco 0 a ca o H w � o8 �' rnrnSE � � m o z a N > QC32:aUV U » dmm Q of cc -- mp ~Q Z o) rnaC� O _ ca ca 2 CMS � D0 N Z F- 2 H .c .c O).Z'Z' ' 3 3 c w O >+ C F- C Q wpm = � � � � � 2! 1,3 '- w cam a) t- WpZ CI) 0 rnrno O O D O o o n .mSg C w -0 = a 0 ml- O W JJJ > M 2C3 UmQWJ C) co as 45c1) w ~ OZw 1-- LUZ " -E t = OWCn CL a> a> a) 0 Q OrNMTt0. CO. Ov- CV01Tr C) O X U > C/) 0CC 0 I- CV NCV CVCVCV C) LU 0O 0 „[ MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Directo A__, . SUBJECT: Comprehensive Sewer Plan DATE: August 13 , 1991 INTRODUCTION: Staff is seeking authorization to negotiate a contract with a consultant for preparing a Comprehensive Sewer Plan. BACKGROUND: The recently completed Shakopee Comprehensive Plan recommended that a Comprehensive Sewer Plan be prepared. On April 16, 1991 the City Council of Shakopee authorized staff to seek proposals from consultants to prepare this plan. The City Council also directed staff to develop a proposal to complete this plan using in-house, temporary employees. Staff would like to discuss each alternative (consultant vs. in-house) separately. Consultant Selection Process A Consultant Selection Committee was formed consisting of the Public Works Director, Assistant City Administrator, Engineering Coordinator and the Prior Lake Public Works Director. On May 3 , 1991 requests for proposals were sent out. On May 23 , 1991 a pre-submittal meeting was held to answer all consultant' s questions regarding the proposed Scope of Services. The Scope of Services requested for this study consisted of four parts, as follows: • Comprehensive Sewer Plan and 20 year MUSA line expansion plan. • Update the Inflow/Infiltration report done in 1982. • Prepare a Feasibility Report for the South Shakopee Interceptor and Trunk Sewer in the Industrial Park. • Review MWCC issues and develop alternatives regarding Lift Station L-16 and Interceptor Line 7023 . A total of 8 proposals were submitted to the Committee on June 7, 1991. After several meetings, the Selection Committee narrowed the proposals down to three firms for interviewing. On July 18, 1991 the interviews were conducted. Based on the proposals submitted and the interviews held, the Selection Committee recommends that the firm of Short-Elliott- Hendrickson, Inc. (SEH) be considered for this project. Attached is an 8 page summary of their proposed project approach. Based on the preliminary Scope of Services, SEH has estimated that their total costs to complete the 4 phases of this project would be in the range of $70, 000 - $95, 000. Staff is requesting authorization to negotiate a specific contract with SEH to complete this project and further refine the Scope of Services desired by Shakopee. In-House Proposal The City Council also directed staff to prepare an in-house proposal for hiring temporary employees to complete this study. Attached is a summary of staff's in-house proposal showing estimated costs. A discussion of each item follows: A. Professional Engineer A registered Profession Engineer specializing in Municipal Wastewater design should be retained. Staff, while recognizing that there may indeed be a pool of engineers available who would take on a temporary position, feels that the pool is somewhat less than envisioned. There are many fields of engineering, including Civil, Mechanical, Electrical, Chemical, etc. The engineer selected must be a Civil Engineer. Within the Civil Engineering field, there are many different areas of specialty including Transportation, Solid Wastes, Soil Mechanics, Municipal, Hydraulics, etc. The engineer selected should specialize in Municipal and should have experience in wastewater systems for municipal engineering designs. As you can see, the vast pool of engineers available has been reduced substantially by the above discussion. It is estimated that an in-house engineer would take up 65% more time to complete the study than a consultant engineer. For this type of project, it is impossible to work on continuously and there may be periods where no work is done, such as when the flow monitors are gathering data, etc. A consultant will have other projects that he can spend time on so only those hours spent on this project will be charged to this project. An in-house engineer will be paid irregardless, even though some time may need to be spent on other projects due to slack periods during this study. For purposes of discussion it is estimated that an in-house engineer would need one year to complete this project, which is consistent with the time frame specified in all of the proposals received. A consultant engineer will also have access to additional staff for input as well as computer systems and equipment in place. All of these support functions are inlcuded in the cosultant's fees. The following items further expound on this point. Based on the current Stanton salary report, a registered professional engineer should be paid $35, 000 - $40, 000 annually plus benefits. Estimated cost for this engineer would be $52 , 000. B. Engineering Technician It would be impossible to complete this study without an additional technician. Assistance would be needed for surveying, drafting, compiling data, calculations, etc. Current engineering staff cannot take on the additional duties needed for this study due to existing workloads. Again, it is estimated that it would take 1 year to complete this study and the time spent efficiencies of in-house staff are similar to what was discussed in the engineer. Based on the recent Stanton Survey, an entry level technician would be paid $20, 000 annually plus benefits or around $26, 000. C. Clerical Additional clerical help would be needed to put the various reports together, etc. Either a 1/2 time secretary or the use of temporary services as needed would be required. Estimated Cost $5, 000 - $10, 000 D. Complete Software/Hardware Currently, the department does not have the engineering computer software necessary to perform the complex analysis and projections for sewer flows. If additional software is purchased, another computer should be purchased for use by the staff performing this study, as the amount of time needed would be too substantial for tying up the existing computers. Estimated Cost $5, 000 - $10, 000. Renting computer time would not substantially reduce these costs. E. Equipment In addition to personnel, additional equipment may be needed to enable the in-house staff to complete this study, as follows Vehicle (Used or leased) $3 , 000 Office equipment, supplies $1, 000 F. Other Support Staff, Functions In addition, there may be the need for in-house staff to hire temporary consultants to provide the following support functions, which are routinely provided by consulting firms: Surveying $5, 000 Urban Planning $5, 000 Flow Monitory (I/I) $2,500 G. Summary The total cost estimate for having staff complete this study would be in the $100, 000 range or about the same as what was proposed by the consultant. In addition, staff does not feel that the quality of the final reports would be as good by throwing together a staff to complete this study as it would by hiring someone who does these studies on a regular basis. Once this project is over, the City will continue to incur costs for unemployment benefits. A big factor in all of the reports that would be generated by this study will be coordinating and convincing the Metropolitan Waste Control Commission and the Metropolitan Council to accept the results of our study. What type of experience will a new engineer have in dealing with these agencies as opposed to a consultant who does it regularly is a big question. In staff's opinion, if hiring in-house staff will not result in any substantial cost savings, the City of Shakopee would best be served by hiring a consultant to prepare this very important Comprehensive Sewer Plan document. ALTERNATIVES: 1. Authorize staff to negotiate the final contract and Scope of Services with Short-Elliott-Hendrickson, Inc. to complete the City of Shakopee's Comprehensive Sewer Plan. 2 . Direct the Consultant Selection Committee to submit a recommendation to utilize a different engineering consultant. 3 . Direct staff to hire the necessary employees to complete this study in-house. 4. Do Nothing. RECOMMENDATION: Staff recommends Alternative No. 1. Funding for this project would come from the Sanitary Sewer Enterprise Fund, which according to the 1991 Budget has an estimated fund balance of $1, 660, 000. 00. ACTION REQUESTED: Direct staff to negotiate a specific contract and Scope of Services with Short-Elliott-Hendrickson, Inc. for the purpose of completing the City of Shakopee' s Comprehensive Sanitary Sewer Plan. DH/pmp COMP IN-HOOSE COSTS A. Professional Engineer $ 52 , 000. 00 B. Engineering Techncian $ 26, 000. 00 C. Clerical $5, 000 - $10, 000 D. Computers $5, 000 - $10, 000 E. Equipment $ 4, 000.00 F. Misc. Support Staff $ 12 , 500. 00 TOTAL $104, 000 - $114,000 Proposal for Professional Engineering Services Shakopee, Mn Project Approach After meeting with City staff and carefully reviewing the project,we have developed a unique and cost-effective approach to meeting the City's needs. This project would be an excellent application for an "intelligent" AutoCAD-based comprehensive sewer plan package which could be transferred to the City's computer upon completion of the project. This package would allow the City to easily update portions of the comprehensive sanitary sewer plan as development occurs. This is discussed more fully under the Automation Concept portion of this proposal. By using an automated approach, we propose to work with the City staff to properly analyze the needs of the City of Shakopee in a cost-effective manner. We anticipate the following information will be available from the City to assist in our work efforts: 1. Comprehensive Plan 2. The 1972 Comprehensive Sanitary Sewer Plan 1_ 3. The 1974 Sanitary Sewer Capacity Report { 4. 1980 Aerial contour map and prior mapping 5. Comprehensive Water System Plan 6. The 1982 Infiltration/Inflow Analysis 7. The Facility Plan being completed by MWCC on Lift Station L-16 (due in December, 1991) 8. Any information which the MWCC has compiled on the capacity problem of MWCC Interceptor Line 7023 9. Historical operation and maintenance costs on existing sewage lift stations 10. Existing sewer maps 11. Electronic Base Map and overlays on AutoCAD 12. As-built drawings (as necessary) 13. Videotape of selected segments of sanitary sewer • Short-Elliott-Hendrickson, Inc. Page 1 Proposal for Professional Engineering Services Shakopee, Mn Project Approach Project Scope The tasks associated with this project are identified as follows: A. Establish and Document Existing Conditions 1. Add the City's current sanitary sewer system to the AutoCAD base map. 2. Add physical data attributes of all sanitary sewer systems installed since 1974 to the AutoCAD map. This information will be obtained from as-built drawings. Add all data contained in the 1974 Sanitary Sewer Capacity Report. This data includes: a. Manhole numbers b. Manhole inverts c. Pipe sizes,grades, and capacities 3. Determine average and peak flows for all existing sanitary sewer systems. B. Update the 1982 Infiltration/Inflow Study Analysis 1. Obtain field measurements of flow in the River District. Also obtain field measurements of flow entering the River District from other Districts. 2. Compare measured flows to calculated flows to identify problem areas. 3. Request City of Shakopee to video tape selected sanitary sewer mains. 4. Recommend rehabilitation where cost effective. } 5. Estimate resulting flow rate from River District after rehabilitation. Short-Elliott-Hendrickson, Inc. Page 2 Proposal for Professional Engineering Services Shakopee, Mn Project Approach C. Analyze the Capacity Problem of MWCC Interceptor Line 7023 1. Obtain flow and capacity data from the MWCC. 2. Develop design and/or alternatives and recommend solutions to the capacity problems. D. Review the Facility Plan being Completed by the MWCC on Lift Station L-16 1. Meet with the MWCC to review the System Improvement Study. 2. Meet with the MWCC to review their recommended Facility Plan. 3. Incorporate this data into the Comprehensive Sewer Plan. E. Prepare a 20-year Sanitary Sewer System Expansion Plan ( 1. Reassess the growth rate for the Industrial District as forecasted in the Comprehensive Plan. 2. Estimate future flows based on projected growth. 3. Consider a flow diversion from the East District to the VIP District to relieve lift station L-16 as necessary per the MWCC Facility Plan,in process. 4. Consider a flow diversion from the VIP District via the South Shakopee Trunk Sewer to the Prior Lake Interceptor to relieve MWCC Interceptor 7023 as necessary. • 5. Consider the possibility of flow being conveyed from Chaska to the Prior Lake Interceptor via the proposed South Shakopee Trunk/Interceptor Sewer with MWCC cost participation. 6. Redefine sewer districts based on the foregoing in order to develop an ultimate trunk sewer system consistent with Comprehensive Plan goals, policies, and objectives. Short-Elliott-Hendrickson, Inc. Page 3 Proposal for • Professional Engineering Services Shakopee, Mn Project Approach 7. Identify all projected sanitary sewer extensions with possible interim solutions to provide temporary service prior to new trunk/interceptor installation. 8. Consider the long-term cost effectiveness of deep trunk sewers versus lift station and force main systems. 9. Prepare a five-, 10-, and 20-year plan for the orderly expansion of the MUSA line in conformance with Met Council guidelines.Prepare a MUSA line expansion map. 10. Address any other sanitary sewer issues raised in the Comprehensive Plan and offer recommended solutions. F. Prepare a Feasibility Report for the South Shakopee Trunk Sewer(s) I 1. Study trunk sewer routing(s) which will serve the Industrial District north of the T.H. 101 by-pass, the VIP District diverted flow, and South Shakopee District. 2. Study the cost-effectiveness of providing capacity for the future Jackson Township annexation area. 3. Study the alternative of MWCC participation/coordination on the proposed Chaska interceptor. 4. Review MUSA line concerns with MWCC and Met Council. 5. Accomplish preliminary designs which include construction staging as necessary to accommodate growth. 6. Prepare cost estimates and recommend funding alternatives. 7. Prepare feasibility report and present at a public hearing. Short-Elliott-Hendrickson, Inc. Page 4 Proposal for Professional Engineering Services Shakopee, Mn Project Approach G. Coordinate with the City and with Regulatory Agencies on the Status of the Comprehensive Sewer Plan 1. Coordinate with MWCC, Met Council, and other consultants working for the City. 2. Meet with Shakopee Public Utilities to coordinate with the current work on the Comprehensive Water System Plan. 3. Meet with City staff once a month, or more frequently if necessary, to discuss progress on the Comprehensive Sewer Plan. H. Prepare an Improvement Schedule 1. Develop an order of improvements acceptable to the City and the development community. L 2. Develop budget figures for each improvement to provide a means of projecting future financial needs. 3. Incorporate the results of the feasibility study. I. Develop a Comprehensive Sanitary Sewer Plan Document 1. Review and assemble data. Prepare text, drawings, and schedules. 2. Complete the document in the format necessary for the City to submit a comprehensive plan amendment to the Metropolitan Council for approval. 3. Provide the City with an "intelligent" AutoCAD-based comprehensive sewer plan package. This would include graphics which would tie sanitary districts to a spreadsheet for flow calculation. Short-Elliott-Hendrickson, Inc. Page 5 Proposal for Professional Engineering Services Shakopee, Mn Project Approach Automation Concept The work required by this study lends itself well to the utilization of computers. The completed plan in an electronic format has several advantages to the City: • Cost savings due to the use of automated calculations and analysis • Electronic deliverables with an intelligent database containing the sanitary sewer system • The ability to expand the database for use as a maintenance tool SEH has automated most tracing tasks formerly done on a light table (see automation concept drawing on Page 8).With zoning, land use, district boundaries, and the existing sanitary sewer system all in AutoCAD, we can easily analyze subdistrict areas using FMS/AC. FMS/AC is a cost-effective AutoCAD based GIS system. Area calculations will be entered into a Lotus 1, 2, 3 spreadsheet for flow calculations. The completed database would include object attributes in a very retrievable and user-friendly database format. Lift stations, manholes, and pipes can each have information such as year built, type, size, last deaned, etc. This database information could be completed by City staff at a later date or added to this contract.Pipes will be networked such that the user can pick a point on a sewer line and highlight or color the system upstream or downstream from the point selected. Graphic and Database information are linked together with a unique identifier. At the parcel level, the Property Identification Number (PIN) would typically be used for the link. Manholes would be tied to street I.D.s. If the base map is re-drawn more accurately at a later • date,the database information would still relate to the new map. Short-Elliott-Hendrickson, Inc. Page 6 Proposal for Professional Engineering Services Shakopee, Mn Project Approach The City can purchase FMS/AC or the data can be translated into another GIS package such as ARC-Info. The County is currently doing an ARC-Info pilot project. SEH is a value-added reseller for FMS/AC. The software lists for $3,000 - $6,000. A system for Shakopee to use in land-use planning, street inventories, and the sanitary sewer system could be provided for $4,450 including two days of training for the City's AutoCAD operator. Short-Elliott-Hendrickson, Inc. Page 7 l ` 054 `1 i M � 1 R-1 G1 / Ii I \ I I j l SE—D2 I � Il` 55 c 53 / 4 / I 01 i GIS PRINTOUT 1 R-1 / 57 I I SE-C4% /� SUBDISTRICT ZONING ACRES FMS/AC SE-04 R-1 40.0 SE-02 R-1 120.0 " GI 23.0 i SE-D3 GI 62.0 I MANUAL INPUT IIMIII fLO11.1S 1-2-3 ...ir iiiisaimP Ga6141111141111\ l. SOUTHEAST DISTRICT REPORT SUB- FLOW TOTAL DESIGN FROM TO DISTRICT AREA ADDED AV. FLOW PEAK FLOW POINT POINT ADDED ZONING (ACRES) (MGD) (MGD) FACTOR (MGD) SOUTHEAST DISTRICT 57 55 SE-04 R-1 40.0 0.040 1.153 3.1 3.574 55 53 SE-02 R-1 120.0 " .. GI 23 0.158 1.482 3.0 4.446 54 53 SE-03 GI 62.0 0.093 0.093 4.0 0.372 AUTOMATION CONCEPT Page 8 1159) MEMORANDUM TO: Dennis Kraft, City Administrator FROM: Karen Marty, City Attorney DATE: July 15, 1991 RE: Offsetting Special Assessments With Condemnation Awards The City Council has directed staff to prepare a policy memo regarding offsetting special assessments with condemnation awards. The following policy is proposed: When a property owner must be condemned for a public improvement, and the public improvement will be specially assessed, the property owner shall be given an opportunity to pay down the special assessment with the condemnation award by entering into a contract with the City. The contract shall be on a form prepared and approved by the City Attorney. The offset must be requested within a short period (2 weeks or so) from the condemnation award. If requested, then the special assessment due from that property owner shall be reduced by the amount of the condemnation award, and any remaining special assessment shall be handled like other special assessments due the City for that project. If the condemnation award is not paid in full or paid promptly, the City is at risk financially for interest on this award. In order to avoid this financial risk, the contract shall require the property owner waive the interest. In return, the property owner receives the opportunity to pay the special assessment with pre-tax dollars. The City shall hold that much of the condemnation award which is equal to 130% of the estimated special assessment until the special assessments are approved by the City Council , then refund any excess of the award over the special assessment to the property owner. The property owner also shall waive the right to appeal the amount of the special assessment. Signed Karen Marty, Ity • ttorney KEM:bj m % [EMDSPAS] NET ASSESSMENT AGREEMENT THIS AGREEMENT, made and entered into this day of *, 1991, by and between the City of Shakopee, a municipal corpo- ration of the State of Minnesota, hereinafter referred to as the "City" with offices at 129 East 1st Avenue, Shakopee, Minnesota, and *, hereinafter referred to as the "Property Owner. " WHEREAS, the City of Shakopee has condemned certain property belonging to the Property Owner, in order to complete the * public improvement; and WHEREAS, the City will be imposing special assessment on the property of the Property Owner for this public improvement; and WHEREAS, the Property Owner desires to offset the special assessments with the condemnation award to the extent possible. NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Property Owner as follows: 1. Offset. The Property Owner hereby requests the City of Shakopee to retain the condemnation award, up to 130% of the estimated special assessments, in order to offset the special assessments. The condemnation award to the Property Owner was $*, and the estimated special assessments are $*. 2 . Estimate. The estimated special assessments are the estimates prepared for the Property Owner' s property or parcels of property located within the * public improvement project, as described in the staff memo presented to the City Council on * . 3 . Interest. The Property Owner waives any right to interest on the retained unpaid condemnation award, specifically waiving any the right to interest under Minn. Stat. Sec. 117 . 195. 4 . Refund. To the extent the condemnation award exceeds 130% of the estimated special assessments, this excess shall be provided to the Property Owner upon signature of this Agreement. Any remaining excess of the condemnation award over the final special assessments shall be refunded to the Property Owner as soon as practicable after adoption by the City Council of the special assessments. If the project is not completed, or special assessments are not adopted, the full amount of the condemnation award shall be refunded to the Property Owner. 5. Waiver. The Property Owner waives the right to file a written objection to the special assessment, or to appeal the assessment amount. 6. Assessment. To the extent the special assessment exceeds the amount of the condemnation award withheld pursuant to this Agreement, the remaining unpaid assessment shall be treated like any other special assessment for this public improvement project. 7 . Binding. This agreement shall be binding on the City and the Property Owner, and their heirs and assigns. 8 . Jurisdiction. This agreement and every question arising hereunder shall be construed or determined according to the laws of the State of Minnesota. Executed the day and year first above written. PROPERTY OWNER CITY OF SHAKOPEE, MINNESOTA By By Mayor By City Administrator By City Clerk Prepared By: Karen Marty City Attorney 129 E. 1st Ave. Shakopee, MN 55379 [EMDSPAS] -2- MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Removal of Stop Sign DATE: August 7 , 1991 INTRODUCTION: Councilmember Sweeney has requested staff to evaluate whether or not a stop sign located at the intersection of Bluff and Market Streets can be eliminated. If Council wishes to have this issue evaluated, it would be appropriate at this time to direct the City Engineer to determine if the existing stop sign is warranted. BACKGROUND: The item in question has been placed on the agenda due to the amount of staff time that will be involved in evaluating Mr. Sweeney' s request for study on the aforementioned issue. Consistent with Council policy, it is inappropriate for City staff to follow-up on a direct request from City Council if it involves more than 20 minutes of staff time. Based upon my discussions with the City Engineer, it appears that the issue of removing said stop sign will require more than 20 minutes of staff time. Therefore, the concept of having the stop sign removed requires Council action. The State of Minnesota has established criteria that must be met to warrant stop signs. Staff is proposing to do a warrant study at this intersection to determine if that stop sign is justified. Staff is recommending that City Council authorize the City Engineer to proceed with a warrant study on the possible removal of the stop sign located at the intersection of Bluff and Market Streets. ALTERNATIVES: 1 . Direct the City Engineer to proceed with a warrant study on the stop sign located at Bluff and Market Streets to determine if it can be removed. 2 . Do not proceed with a study of the possible removal of the stop sign located at the intersection of Bluff and Market Streets. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Direct the City Engineer to proceed with the study on the possible removal of a stop sign located at Bluff and Market Streets. r* OSEI\FT � MEMO TO: Shakopee City Council ! J FROM: Barry A. Stock, Assistant City Administrator RE: Sale of Lots 3 & 4, Block 52 OSP DATE: August 13 , 1991 INTRODUCTION: The original closing date for the aforementioned property was set for Friday, August 9, 1991. On Friday, August 9, 1991 the property owner requested that the City of Shakopee consider an addendum to the purchase agreement extending the closing date to on or before October 1, 1991. BACKGROUND: On August 6, 1991 the Shakopee City Council approved a resolution authorizing the sale of Lots 3 & 4, Block 52, OSP to Cole D. VanHorn and Ruth M. VanHorn, for a price of $30, 000. Mr. VanHorn presently resides at 303 East First Avenue. He desires to acquire the aforementioned property in the hope that he can relocate his present home to the subject property. Mr. VanHorn's present residence is located within the official mini by-pass right-of-way area. In order for Mr. VanHorn to have the necessary financing to acquire the aforementioned property, he needs MnDOT to follow through on their offer for his existing residence. Mr. VanHorn initially felt that MnDOT would have processed the necessary paperwork to transfer the appropriate proceeds prior to the August 9, 1991 closing date. However, MnDOT failed to do so. Therefore, Mr. VanHorn has requested that an addendum to the purchase agreement be approved extending the closing date to on or before October 1, 1991. Mr. VanHorn believes that MnDOT will be able to process the land transaction for his existing residence within the aforementioned time frame. ALTERNATIVES: 1. Approve an addendum to the purchase agreement for Lots 3 & 4, Block 52 , OSP by and between Cole D. VanHorn and Ruth M. VanHorn and the City of Shakopee extending the closing date to on or before October 31, 1991. 2. Do not approve the addendum to the purchase agreement for Lots 3 & 4, Block 52, OSP by and between Cole D. VanHorn and Ruth M. VanHorn and the City of Shakopee. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REOUESTED: Approve an addendum to the purchase agreement for Lots 3 & 4, Block 52, OSP by and between Cole D. VanHorn and Ruth M. VanHorn and the City of Shakopee extending the closing date to on or before October 31, 1991. COSSEi\IT MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Sale of Property - 5th Avenue/Market Street DATE: August 8, 1991 INTRODUCTION: Several months ago the City of Shakopee acquired the property adjacent to the 5th Avenue/Market Street Project in order to facilitate the street improvement project. The Shakopee HRA has made an offer to the City of Shakopee in the amount of $54 , 440. 53 with the assessments to be the responsibility of the buyer. Staff is recommending that the City of Shakopee accept the HRA' s offer and that the appropriate City officials be authorized to execute any and all documents pertaining to the sale of the property to the Shakopee HRA. BACKGROUND: In order to facilitate the 5th Avenue/Market Street Improvement Project, it became necessary for the City of Shakopee to condemn several irregular shaped parcels North of the proposed 5th Avenue/Market Street Improvement Project. Condemnation was also utilized to acquire property right-of-way for the proposed street improvement. Initially the cost for the property acquisition was allocated to the 5th Ave. Improvement Project as a project cost. However, prior to the final assessment allocations for this project, it will be necessary to back out all costs that were allocated for property acquisition that were not directly related to right-of-way. (See Attachment #1 - Parcel A - $53 , 440. 53) One of the purposes of the Shakopee HRA is to stimulate the development of property areas that might not have otherwise developed without the assistance from the HRA. The 5th Avenue/Market Street Improvement Project and the irregular shaped parcels that were ultimately acquired by the City of Shakopee portray an excellent example of why an HRA exists. On August 6, 1991 the Shakopee HRA directed the appropriate HRA officials to make an offer to the City of Shakopee in the amount of $54 , 440. 53 for the aforementioned property with the assessments to be the responsibility of the HRA. Staff is recommending that the City of Shakopee accept the HRA' s offer and that the appropriate City officials be authorized to execute any and all documents necessary to facilitate said sale. All proceeds from the sale will be allocated back into the 5th Avenue/Market Street Improvement Project Fund. ALTERNATIVES: 1. Authorize the appropriate City officials to execute any and all documents necessary to facilitate the sale of the property adjacent to the 5th Avenue/Market Street Improvement Project to the Shakopee HRA for $54, 440. 53 with the assessments to be the responsibility of the HRA. 2 . Do not sell the property to the Shakopee HRA. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: Move to authorize the appropriate City officials to execute any and all documents necessary to facilitate the sale of the property adjacent to the 5th Avenue/Market Street Improvement Project to the Shakopee HRA for $54 , 440. 53 with the assessments to be the responsibility of the HRA. BAS/tiv ATTACHMENT # V (51I IA" I � Z 01 Iiii • • t t t r MARK ET 1 aal II kii O =II 111 . C -i r O MilD 111111111111.1.. 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H H I-' 1-' H H H H I- H H H H I-' H H H I-' H H H H H H I-' 5 3O Vl \O \O \O \O \D \O\O\O w \D \O \O \D CO +: N co w N N N N w w r•• '-3 -P- N N N N w ININN I—' N N N N wH ;--' HHwLA)wLa) ININ c*• N Vi Co —1 H H CoN0 0 co H Coo wH \n OONNNNOO 0 0 0 0 0 O 0 0 0 O O O O 0 —1 4- H .='w w -S H O, n O O O O O O O O O H O O O O O H N N H H 1--' co H L r n > 0 0 0 0 0 0 000 i--' 0 O O O OH 1 O\I-' Hwd\wI-' H c+ C Otz 0 0 0 0 O 0 0 0 0 - - O O O O O -.1 L H 4-co w 4 ] 1•-, a\ = O O O O O O O O O I--, O 0 0 0 O H iN N H H H N H co 4- Cn c* Oo-4 0 �7 0 Co Co Co Co Co Co Co Co 0 Co CO Co Co --1 -4 0 O O O O O -4 O O 0 H H H C H H H H H H H H H H H H I-' H H h-' I-' H I-' H H H H H I--' '•i Z • I I I C) H H H H H H H H H H H H H H I--H I-' H H H H H H H H H O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 > 'V Cl) 0 H H H I--, H H H H H H H H H H H H H H H H H H H I-' H H (-) << CD CD H C ) O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 '-i CD CD > '3 H � 000 0 H "%I H Crt C '-3 3 "rj a 3 H -EA- C N Cn ¢ w H H 3 O w H H H w IN w H O w H \O :LoviCc) H w 0 0 \n H V.) \D O H \O O w H —4 N N H H H C CO N 0\ O 0\ Vi —1 O\Vl \O H Vi H Vi ' to co' CO O 0\ 5 0 N \0 H V) 0 CO O—4 0 O\ 0 0\\O O O N 0 V9 Vi V) - 0 N\O 0 \D Co Vi 4- 0 N CO N 0 \O \O CO 0\ O O H N 0 0 0 \D Co w w W C) 3. r:).�Hw -co cn = z = = = = oo w "o = = = CR C0 C)) = '-C = = = tj = "v =4-\O £ CD CD CD CD CD CD CD CD 1 CD CD CD CD > C C "i .n 0 (D r• 3 3 3 3 3 333 O 3 3 33 C] "i 'i O C Cn 3 O -1 H 4" 3 r• r• H H r• r• r• r- ,-h r• H r• H '1 '-h r- c+ P) V7 \JI \O L-' cr ct c* c+ c+ c+ c+ c+ � c+ c+ c+ c+ 5 3 CC) U) b C X,• CD C '0 C7 U) b 3 '=J '=J CD 'J C!) 3 '=J Cm c+ CD C0. 3 CD cn O O w UI r• Crj CD H P) (D H H 11 CTJ ''••' CD H) • ''i' 0 O Co Co N M = "h '-3 '-< R. c) H < = H 0. �-3 C 3 < r•0 CD > CD .1 r• > > H to 0 3 3 Hi K 0H 0 C) CD c+ c+ ='') (A 0 H (KD 0D3-Q. 3 CA Qcl,3 <w w w w w w www w w w ww ww (.�) wwwwwww W CI V1 V) V1 Vt Vi V1 Vl V) Vt Vt V) Vl Vl Vl V1 V1 VA Vl Vi Vi Vi Vi Vl V I V x CO CO CO CO Co CO CO CO CO CO Co CO Co CO CO CO CO CO CO CO CO CO CO Co CO • CO CO CO HH CO \.0 coS -4 -4-�.1 Off\ VVi - ww —4 N H 0 —3 0 0 0 0 0 0 OZ ~ b ' '5 ' co L. : = 3 C b C) = 3 - 3 C) C) < P) '1 t%i t'i 0 P) 3 L=1 0 P) CD 0 r• CD c+ r• 7Z1 CO 3 'i r• 07 3 'i c+ 3 c+ 5 r•▪ n> 3 n ( > 3• Z 0O 3 c< O • H CD Cl.= c( + CD ? CO H SD C Ci)0 CO cH+< H ch C 3 x CD x 0 C ) 'U H '3(D Z CD 0 C cD CD CD X w H 0 V) H \s:) H H \-D J 3 O w H H H w 1 O w H H W c* V') H V1 \D 0 H Co w H —3 0 ^� - CO N O\ 0 0\ \n \O \O H \n �1 N \n • O N \O H \n O D\ O 0\ O 0\ 0 N N O \O Vi -4- 0 N O 0 4- O H Vi 1,ONSEN TO: Mayor Laurent Members of the City Council FROM: Tom Steininger, Chief of Police SUBJECT: Southwest Metro Drug Task Force DATE: August 15, 1991 INTRODUCTION: The Shakopee Police Department wishes to participate as a member of the Southwest Metro Drug Task Force (SMDTF) during 1992 . BACKGROUND: As Council knows, our relationship with the SMDTF was not all that we wished it to be in 1990 and earlier this year. In July, we redefined our commitment to the SMDTF. Since then, a number of meetings have taken place during which the Goals and Objectives of the SMDTF were reviewed and updated. It is our belief that active participation in the SMDTF in 1992 will be in the best interests of the City. As part of the 1992 Office of Drug Policy (ODP) grant application process, each participating agency (in our case, the City) must submit the following: 1. A resolution authorizing entry into a contract with the Department of Public Safety. 2 . Cash match verification of the cash match commitment from each agency. This can be a letter of commitment or a resolution that documents our intention to provide the appropriate cash match. The appropriate cash match will not exceed $8, 400 which has been budgeted for this purpose. A deliberately vague resolution or letter is requested because the grant application to ODP will reflect a $10, 000 cash match. ODP never grants the full amount requested. It is anticipated that ODP will reduce the $10, 000 figure to the amount granted for 1991 which was $8, 400. 3 . A Joint Powers Agreement will have to be signed. The Resolution should accompany the grant application which will be submitted on 08 26 91. Item 3 will be passed from agency to agency and will obviously take longer to complete. Copies of the appropriate documents are attached. ALTERNATIVES: 1. Participate in the SMDTF during 1992 . 2 . Withdraw from SMDTF. RECOMMENDATION: Alternative # 1. ACTION REQUESTED: Offer Resolution 3454 relating to city participation in a narcotics control program and move its adoption. [GRANT] -2- SOUTHWEST METRO DRUG TASK FORCE TO Chief Tom Steininger FROM Sgt William M Hudson DATE : 8/12/91 SUBJECT: Resolution and Cash Match-Verification As part of the 1992 Grant application process, there are a couple items that need to be submitted with the grant from your agency. 1 . Resolution, from each agency in the Task Force must include a resolution authorizing that entity to enter into a contract with the Department of Public Safety. 2 . Cash Match-verification of the specific cash match commitment from each agency. This can be a letter of commitment, a broad resolution or any form that documents the intent of the participating agency to provide the cash match. These two items should accompany the grant application when it is submitted by 8/26/91, 1630 hrs . We did not receive ODP procedures for the grant until 8/2/91 . I realize this is very short notice and hope that you will be able to get the information to me in time. If not, advise me as to the date you expect to have it, and I will advise ODP. The Joint Powers Agreement will also have to be signed by all agencies participating in the Task Force for 1992 . I will have the agreement drawn up and passed around for your signature. The agreement will be same as the one that was used last year. If there are any questions or concerns please contact me as soon as possible. I will be going out of town from 8/20/91 through 9/5/91 on vacation. I plan on submitting the grant prior to my leaving on vacation. ODP has been advised that some of the information they are requesting will not available when the grant is submitted. Please contact me if there are any questions . If I am not in the office please page me at 534-0744 . RESOLUTION NO. 3454 A RESOLUTION RELATING TO CITY PARTICIPATION IN NARCOTICS CONTROL PROGRAM WHEREAS, Minn. Stat. Sec. 471.59 provides for the joint exercise of powers by two or more governmental units and specifically allows for joint exercise of police power; and WHEREAS, the Southwest Metro Task Force has been created for the interdiction of drug traffickers and street-level dealers for the government agencies who have become a part of the Task Force; and WHEREAS, the City of Shakopee desires to continue as a party to the Southwest Metro Task Force, and WHEREAS, the City of Shakopee agrees to match an Office of Drug Policy grant up to a maximum of $10, 000. NOW THEREFORE, BE IT RESOLVED as follows: That the City of Shakopee shall enter into a contractural agreement with members of the Southwest Metro Task Force for the calendar year 1992 , and that the proper City officials are authorized to execute such agreement. BE IT FURTHER RESOLVED, that the City will match the grant amount up to $10, 000 . 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 i2 Approved as to form: L/� -/ City Attorney [RESNAR] -, --- I 1... ^7 � t TO: Mayor Laurent Councilmembers FROM: Tom Steininger, Chief of Police SUBJECT: Police and Fire Training DATE: August 14 , 1991 INTRODUCTION: The Police and Fire Departments would like to use three houses in Shakopee which are in the possession of the Minnesota Department of Transportation to conduct in-service training exercises. BACKGROUND: The State of Minnesota is taking possession of houses at 321 East 1st Avenue, 333 East 1st Avenue and 12010 Marystown Road. Recognizing that properties such as these present a unique training opportunity to police and fire departments, the State is willing to let the Shakopee Police and Fire Departments conduct training exercises thereon. Proposed training will cover Forced Entry, Ventilation, SCBA Training, Search and Rescue, Hose and Nozzle Training and Ladder Training. The property is scheduled for demolition so there is no liability for damages it may sustain during the proposed exercises. The State requires passage of a resolution by the City Council before this training can take place. ALTERNATIVES: Authorize proposed training. Do not authorize proposed training. RECOMMENDATION: Authorize proposed training. ACTION REQUESTED: Offer Resolution 3455, requesting the use of State owned houses for fire and police training and move its adoption. cc: Dennis R. Kraft, City Administrator RESOLUTION NO. 3455 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, REQUESTING THE USE OF STATE OWNED HOUSES FOR POLICE AND FIRE TRAINING. WHEREAS, the State of Minnesota Department of Transportation is taking possession of the houses located at the following addresses: 321 East First Avenue; 333 East First Avenue; and 12010 Marystown Road, in the City of Shakopee; and WHEREAS, these properties are scheduled for demolition in order to make room for additional road construction; and WHEREAS, the Shakopee Police and Fire Departments would like to use these houses for police and fire training purposes including forced entry, ventilation, SCBA training, arson training, search and rescue, ladder training, and hose and nozzle training; and WHEREAS, the City of Shakopee would assume all liability for all claims for damage, actions or causes of action arising out of the use of these buildings for the training and, except for negligent acts of the State, its agents and employees, hold the State harmless from any such claims; and WHEREAS, the Minnesota Department of Transportation has tentatively agreed to the use of these premises for fire training purposes subject to the passage of this resolution. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Shakopee that the Police and Fire Departments are authorized to arrange with the Minnesota Department of Transportation for the use of the premises at 321 East First Avenue; 333 East First Avenue; and 12010 Marystown Road, in Shakopee, Minnesota, for training purposes. Dated this day of , 1991. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: //: � �.>'- � City Attorney [BURNING.RES] TO: Mayor and Council FROM: Dennis R. Kraft, City Administrator Gregg Voxland, Finance Director RE: 1992 HRA Tax Levy Consent Resolution No. 3448 DATE: August 14, 1991 Introduction Attached is Resolution Number 3448 which consents to the HRA tax levy. Background State law provides that the city must consent to the levy of a tax by the HRA. Accordingly, the attached resolution is provided for Council action. Action Offer Resolution Number 3448, A Resolution Consenting To The Levy Of A Special Tax By The Housing And Redevelopment Authority In And For The City Of Shakopee, and move its adoption. RESOLUTION NO. 3448 A RESOLUTION CONSENTING TO THE LEVY OF A SPECIAL TAX BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE WHEREAS, the Housing and Redevelopment Authority in and for the City of Shakopee was created pursuant to Minnesota Statutes, Section 462.411 et. seq. , as amended, and WHEREAS, Minnesota Statutes 1965, Section 462.545 designates all the territory within the area of operation of the authority as taxing districts for the purpose of levying and collecting a special benefit tax, and WHEREAS, Section 462.545 states the governing body of the municipality must give its consent to such a tax levy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City Council consents to and joins in a special tax levy of $31,930 by the Housing and Redevelopment Authority in and for the City of Shakopee for taxes payable in 1992. 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 /4/10 TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Resolution No. 3449 Authorizing Sale of 1991A GO Improvement Bonds DATE: August 14, 1991 Introduction The attached resolution authorizes the issuance and sale of bonds to finance ten improvement projects ordered by Council. Background The attached resolution has been prepared by bond counsel to authorize the issuance and sale of general obligation improvement bonds to finance the projects listed in the resolution. The actual awarding of the sale will be done next month. Also attached is the recommendations for the bond issue from Springsted. Action Requested Offer Resolution No. 3449 A Resolution Authorizing Issuance And Sale of $1,725,000 General Obligation Improvement Bonds, Series 1991A and move its adoption. CERTIFICATION OF MINUTES RELATING TO $1, 725, 000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1991A Issuer: City of Shakopee, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on Tuesday, August 20, 1991, at 7 :30 o'clock P .M. at the City Hall. Members present : Members absent : Documents attached: Minutes of said meeting (pages) : RESOLUTION NO. 3449 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $1, 725, 000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1991A OFFICIAL TERMS OF OFFERING NOTICE OF SALE I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of August, 1991 . Judith Cox City Clerk Councilmember introduced the following resolution and moved its adopted: RESOLUTION NO. 3449 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $1, 725, 000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1991A BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, as follows : Section 1 . purpose . It is hereby determined to be in the best interests of the City to issue its General Obligation Improvement Bonds, Series 1991A, in the principal amount of $1, 725, 000 (the Bonds) , including $18, 000 principal amount of Bonds representing interest, pursuant to Minnesota Statutes, Chapters 429 and 475, to finance the following public improvement projects : project estimated Cost 1989-4 (5th Avenue) $ 510, 000 1990-7 (Bluff Avenue) 174, 700 1991-3 (2nd Avenue) 1, 358, 000 1991-1 (Shumway and Scott Streets) 150, 000 $2, 192, 700 Section 2 . Terms of Bond Sale: Notice. Springsted Incorporated, financial consultant to the City, has presented to this Council a form of Official Terms of Offering for the Bonds and abbreviated Notice of Sale for publication, which shall be placed on file by the City Clerk. Each and all of the provisions of the Official Terms of Offering are hereby adopted as the terms and conditions of the Bonds and of the sale thereof. The City Clerk is authorized and directed to cause the abbreviated Notice of Sale to be published once in the official newspaper and once in a bond trade publication at least ten (10) days prior to the date on which bids for the purchase of the Bonds will be received. Section 3 . Sale Meeting. This Council shall consider the bids received for the purchase of the Bonds and take such action thereon as may be in the best interests of the City at its regular meeting to be held on Tuesday, September 17 . Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1991. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and, upon vote being taken thereon, all present voted in favor thereof and none voted against the same, whereupon said resolution was declared duly passed and adopted. NOTICE OF SALE CITY OF SHAKOPEE, MINNESOTA $1, 725, 000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1991A Sealed bids for the purchase of these Bonds will be received by the City Finance Director or his designee until 11 :00 A.M. , Central Time, on Tuesday, September 17, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, St . Paul, Minnesota, when they will be opened, checked and tabulated. The bids will be acted upon by the City Council at its regular meeting to be held at 7 :30 P .M. on the same day. The Bonds will be dated October 1, 1991, will bear interest payable semiannually commencing August 1, 1992, and will mature on February 1 in the following years and amounts : Year Amount Year Amount 1994 $175, 000 1999 $175, 000 1995 175, 000 2000 175, 000 1996 175, 000 2001 175, 000 1997 175, 000 2002 175, 000 1998 175, 000 2003 150, 000 Bidders must specify a price of not less than $1, 707, 000 plus accrued interest . A legal opinion will be furnished by Dorsey & Whitney, of Minneapolis, Minnesota. The proceeds will be used to finance the costs of local improvements in the City. Dated: August 13, 1991 BY ORDER OF THE CITY COUNCIL Judith Cox, City Clerk Further information may be obtained from the Issuer' s Financial Advisor, SPRINGSTED INCORPORATED, 85 East Seventh Place, Suite 100, St . Paul, Minnesota 55101, 612/223-3000 OFFICIAL TERMS OF OFFERING $1,725,000 CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1991A Sealed bids for the Bonds will be received by the City Finance Director or his designee on Tuesday, September 17, 1991, until 11:00 A.M., Central Time, at the offices of SPRINGSTED Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 8:30 P.M., Central Time, of the same day. DETAILS OF THE BONDS The Bonds will be dated October 1, 1991, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1992. Interest will be computed on the basis of a 360-day year of twelve 30-day months and will be rounded pursuant to rules of the MSRB. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature February 1 in the years and amounts as follows: 1994 $175,000 1998 $175,000 2001 $175,000 1995 $175,000 1999 $175,000 2002 $175,000 1996 $175,000 2000 $175,000 2003 $150,000 1997 $175,000 OPTIONAL REDEMPTION The City may elect on February 1, 2000, and on any day thereafter, to prepay Bonds due on or after February 1, 2001. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City shall determine and within a maturity by lot as selected by the registrar. All prepayments shall be at a price of par and accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance various public improvement projects within the City. TYPE OF BID Bids shall be for not less than $1,707,000 and accrued interest on the total principal amount of the Bonds. Bids shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of$17,250, payable to the order of the City. If a check is used, it must accompany each bid. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted - i - Incorporated prior to the opening of the bids. The Financial Surety Bond must identify each bidder whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to a bidder using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted bid, said amount will be retained by the City. No bid can be withdrawn after the time set for receiving bids unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional bid will be accepted. AWARD The Bonds will be awarded to the bidder offering the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each bid, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any bid or of matters relating to the receipt of bids and award of the Bonds, (ii) reject all bids without cause, and, (iii) reject any bid which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the bidder, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. - ii - SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement and the Official Bid Form or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting an Official Bid Form therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded up to 75 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter executing and delivering an Official Bid Form with respect to the Bonds agrees thereby that if its bid is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated August 20 1991 BY ORDER OF THE CITY COUNCIL /s/Judith Cox City Clerk - iii - Recommendations For City of Shakopee, Minnesota $1 ,725,000 General Obligation Improvement Bonds, Series 1991A Study No. 3906 SPRINGSTED Incorporated August 14, 1991 SPRINGSTED ; PUBLIC FINANCE ADVISORS 16655 West Bluemound Road 85 East Seventh Place 6800 College Boulevard Suite 290 Suite 100 Suite 600 Brookfield,WI 53005-5935 Saint Paul,MN 55101-2143 Overland Park,KS 66211-1533 (414)782-8222 (612) 223-3000 (913)345-8062 Fax:(414)782-2904 Fax:(612)223-3002 Fax:(913)345-1770 2739 Second Avenue S.E. 222 South Ninth Street Cedar Rapids, IA 52403-1434 Suite 2825 (319) 363-2221 Minneapolis,MN 55402-3368 Fax:(319)363-6999 (612) 333-2363 August 14, 1991 Mayor Gary Laurent Members, City Council Mr. Dennis Kraft, City Administrator Mr. Greg Voxland, Finance Director City Hall 129 East First Avenue Shakopee, MN 55379 Re: Recommendations for the Issuance of $1,725,000 General Obligation Improvement Bonds, Series 1991A We respectfully request your consideration of our recommendations for the issuance of these bonds in accordance with the Official Terms of Offering, attached as Appendix III. Bond proceeds will finance the costs associated with four public improvement projects currently underway. Components of the Issue are as follows: Costs Bond Proceeds Total Less: Cash Net to of Issuance/ for Project Costs Costs on Hand Finance Underwriter's Discount Construction 5th Ave. (89-4) $ 510,000 $ 45,000 $ 465,000 $11,280 $ 453,720 Bluff (90-7) 174,700 0 174,700 4,240 170,460 2nd Ave. (93-3) 1,358,000 473,000 885,000 21,480 863,520 Shum/Scott (91-1) 150,000 26,000 124,000 3,000 121,000 Total $2,192,700 $544,000 $1,648,700 $40,000 $1,608,700 Capitalized Interest: 5th Avenue Project $25,942 2nd Avenue Project 50,358 76,300 $1,725,000 An estimated $1,427,200 of the principal amount of the bond issue will be assessed against benefited property, with the balance paid from annual tax levies. The projected assessment income is shown as Appendix I. All of the assessable costs will be spread over 10 years with City of Shakopee, Minnesota August 14, 1991 equal principal payments with interest charged on the unpaid balance at approximately 1.5% over the rate on the Bonds. We have been advised by Mr. Voxland that two of the assessment rolls, 90-7 and 91-1, will be filed this fall for first-year collection in 1992. The other two projects, 89-4 and 93-3, will not be completed until 1992 and assessment rolls will be filed in February 1992 and July 1992. Appendix I provides the estimated assessment income for the projects. Appendix II is our recommended maturity schedule for the issue. The bonds will be dated October 1, 1991 and will mature each February 1 from 1994 through 2003. Columns 1 through 5 show the years and amounts of principal and estimated interest due and payable on these bonds. Column 6 shows the amounts required to pay 100% of debt service, with Column 7 showing the capitalized interest necessary prior to collection of special assessments from the rolls to be filed in 1992. Column 8 shows the net levy required and Column 9 showing the 105% overlevy requirement as set forth by state statute. The 5% overlevy is a protection to the bondholders and to the City in the event 100% of the expected revenues are not achieved. Column 10 shows the projection of assessment income from Appendix I. Column 11 shows the estimated levy requirement for the issue with Column 12 showing a surplus over requirements for the 1993 collection year. This surplus in 1993 provides the City with the option of cancelling the 1991 levy. The cash deficiency that would then occur in February 1993 could be temporarily borrowed from other available reserves and reimbursed following receipt of special collections by August 1993. This process would result in no tax levy on the issue until 1994. The first interest payment due on August 1, 1992 will be in the estimated amount of $86,220. This payment will be made from first-half collection of assessments, capitalized interest and taxes levied the prior year or available cash, if the City chooses to cancel the 1991 levy. The subsequent February 1, 1993 payment will be made from second-half collections as well as available debt service fund balances. This sequence of payments will continue throughout the life of the issue. The issue is structured with nearly level annual tax levy requirements of $40,000 in the levy years 1994 through 2001. Based on the City's current net tax capacity of $14,289,921, the average levy is expected to require a tax capacity rate of 0.280%, assuming no increase in the City's tax base. The interest rates shown in Column 4 of Appendix II are those we would expect the City to receive if the bonds were sold today. Tax-exempt rates may be different on the actual sale date. Included in the principal amount of the issue is a provision for discount bidding in the amount of $18,000. This discount provides the underwriters with all or part of their profit and/or working capital for marketing the issue. It permits them to reoffer the bonds at or close to a par reoffering scale. The discount, representing $10.50 per bond, is a successful marketing tool the City has used in past bond issues and we recommend its use here. We are recommending that bonds maturing in the years 2001 - 2003 be callable at the option of the City as early as February 1, 2000. This will permit the City to prepay the bonds if you receive substantial prepayments of assessments. These bonds are subject to the Tax Reform Act of 1986 and its 1989 amendments. Part of that act requires the City to rebate any arbitrage profits earned on the issuance of tax-exempt bonds. There are certain exemptions from the rebate requirement including the small issuer exemption for municipalities issuing less than $5 million of tax-exempt bonds during the calendar year. We understand Shakopee will meet this condition for exemption and therefore no rebate calculations and reporting will be necessary. Page 2 City of Shakopee, Minnesota August 14, 1991 Springsted Incorporated has joined with Capital Guaranty Insurance Company, a municipal bond insurer, to offer a surety bond service to underwriters in lieu of putting up a good faith check in order to bid on the bonds. The program is called "Sure-Bid" and we have allowed for its use in the Official Terms of Offering, attached to these recommendations. We believe that the use of this bidding option will help garner more bids for the bond sale, since it has the potential to make it easier for an underwriter to bid. There is no cost to the City for this service, nor does Springsted Incorporated have a financial interest in the use of Sure-Bid. For underwriting firms which have been approved and have entered into a reimbursement agreement with Capital Guaranty and have elected to use Sure-Bid instead of physically delivering a good faith check with their bid, Capital Guaranty will put up a surety bond, guaranteeing the amount of the good faith check to the City if the purchaser does not deliver such check to Springsted by 3:30 P.M. the day after the sale. We believe that we will not have to invoke the surety bond on your behalf and will forward the good faith check from the purchaser as soon as we receive it. This is a new product in the municipal bond industry developed by Springsted and Capital Guaranty. Therefore, for your bond sale, you will most likely receive some bids which are accompanied by a good faith check and some which are covered under Sure-Bid. Springsted will be in constant touch with Capital Guaranty to monitor the underwriters which have been admitted to this program and, if Sure-Bid is used, Springsted will follow through after the sale, to make sure you receive your good faith amount from the purchaser. The City is currently rated "A" by Moody's Investors Service and this issue will require a rating review. We will make application on your behalf and will provide Moody's with the necessary data upon which they will make the rating analysis. The cost of approximately $4,000 for this review has been included in the issuance costs for the issue and will be billed directly to the City. We are recommending the bids on the bonds be received on Tuesday, September 17, 11 :00 A.M., in the offices of Springsted Incorporated. At that time they will be opened, tabulated and verified for accuracy and presented to the Council for action at its regular meeting that evening at 8:30 P.M. A representative of Springsted will be present to advise you as to the acceptability of bids. Proceeds of the issue will be available in early October. Respectfully submitted, SPRINGSTED Incorporated mjh Page 3 APPENDIX I N 0 0 0 0 0 0 0 0 0 N. CS ••. v 0 0 0 0 0 0 0 0 O V C ( • N 0 0 0 0 0 0 0 0 0 N ••1 a+ • ..1 'CI N 1 .O •• • 000 N N .- r 0 0) O) CO CO 0 4- N - L N .- 0 0 L La rn 0. ,p N 0 0 0 0 0 0 0 0 0 N. C) 0 ..- N. co 0 V 0 0 0 0 0 0 0 0 0 V ++ 01 m 0 N 0 0 0 0 0 0 0 0 0 N m 0) N w W m • 0 V O N cO 0 V cON CO 0 L D. O <m C CO O ) IO 'Cr < 0 N N . r CO 0) ..1 W -4 G. 3 F- N 0 CO .N N 7 . 0 y 0 z 0 0 0) •1 0 0 0 0 0 0 0 0 0 0 m 0 m w W C 00 0 0 0 0 0 0 0 0 0 0 0 O N L a r 0 ..4 0. 0 0 0 0 0 0 0 0 0 0 0 3 L m 0. N m .'1 U 0 LO 0 00 O LO LO N 0 0 0 U N m 0 LL C N. N. 14-- N. N. N. IN IN f` N N C 0 L 3. CO .0 rr 0. CO 0. 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L a • 0) CO W O) CO W CO CA N N < O) .CO. 0 . a 1. t•- V V L 0 J t- C Q Q H Ofd 0 c to w a LL Y 4- m Q a t•- 1- N U O APPENDIX III OFFICIAL TERMS OF OFFERING $1,725,000 CITY OF SHAKOPEE, MINNESOTA GENERAL OBUGATION IMPROVEMENT BONDS, SERIES 1991A Sealed bids for the Bonds will be received by the City Finance Director or his designee on Tuesday, September 17, 1991, until 11 :00 A.M., Central Time, at the offices of SPRINGSTED Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 8:30 P.M., Central Time, of the same day. DETAILS OF THE BONDS The Bonds will be dated October 1, 1991, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1992. Interest will be computed on the basis of a 360-day year of twelve 30-day months and will be rounded pursuant to rules of the MSRB. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature February 1 in the years and amounts as follows: 1994 $175,000 1998 $175,000 2001 $175,000 1995 $175,000 1999 $175,000 2002 $175,000 1996 $175,000 2000 $175,000 2003 $150,000 1997 $175,000 OPTIONAL REDEMPTION The City may elect on February 1, 2000, and on any day thereafter, to prepay Bonds due on or after February 1, 2001. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City shall determine and within a maturity by lot as selected by the registrar. All prepayments shall be at a price of par and accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance various public improvement projects within the City. TYPE OF BID Bids shall be for not less than $1,707,000 and accrued interest on the total principal amount of the Bonds. Bids shall be accompanied by a Good Faith Deposit ("Deposit') in the form of a certified or cashier's check or a Financial Surety Bond in the amount of$17,250, payable to the order of the City. If a check is used, it must accompany each bid. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the bids. The Financial Surety Bond must identify each bidder whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to a bidder using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted bid, said amount will be retained by the City. No bid can be withdrawn after the time set for receiving bids unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional bid will be accepted. AWARD The Bonds will be awarded to the bidder offering the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each bid, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any bid or of matters relating to the receipt of bids and award of the Bonds, (ii) reject all bids without cause, and, (iii) reject any bid which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the bidder, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement and the Official Bid Form or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting an Official Bid Form therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded up to 75 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter executing and delivering an Official Bid Form with respect to the Bonds agrees thereby that if its bid is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated August 20, 1991 BY ORDER OF THE CITY COUNCIL /s/Judith Cox City Clerk L Jac - / L/r/ I MEMO TO: Dennis R. Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Renaming of Street in an Existing Plat DATE: August 20, 1991 INTRODUCTION: At their meeting on August 8, 1991, the Shakopee Planning Commission moved to recommend to the City Council approval of the final plat for Eagle Creek Junction 3rd Addition. While working on this, staff encountered a problem with the name of an existing street with tying together this proposed plat with Eagle Creek Junction 1st Addition. BACKGROUND: The proposed subdivision is located south of Eagle Creek Boulevard (County Road 16) and abuts Roundhouse Circle in Eagle Creek Junction 1st Addition to the west. (See Exhibit A. ) Access to the development will be via a continuation of the existing Roundhouse Circle in Eagle Creek Junction 1st Addition (See Exhibit B. ) , through the Eagle Creek Junction 3rd Addition, and back to Eagle Creek Boulevard. The stub road which connects the existing Roundhouse Circle to Eagle Creek Boulevard will require renaming to avoid confusion in entering the developments. Since there are no addresses assigned to this portion of the road, there will be no need to readdress any residences. Randy Laurent of Laurent Builders, Inc. , the developer for both subdivisions, was made aware of the need to rename this portion of the road during discussion at the Planning Commission meeting. He has expressed no objection to renaming this portion of Roundhouse Circle. Recent discussions with Laurent Builders, Inc. , revealed an interest expressed by a citizen to name the road after her father, a prior landowner in the area. Laurent Builders, Inc. have requested that the City rename this road "Sarazin Street" . ALTERNATIVES: 1. Pass Ordinance No. 316, changing the street name of the portion of Roundhouse Circle that runs northeast-southwest in Eagle Creek Junction 1st Addition to Sarazin Street. 2 . Do not change the street name of that portion of Roundhouse Circle that runs northeast-southwest in Eagle Creek Junction 1st Addition to Sarazin Street. RECOMMENDATION: To avoid confusion with the proposed development, staff is recommending Alternative No. 1. ACTION REQUESTED: Offer Ordinance No. 316, An Ordinance of the City of Shakopee, Minnesota, Renaming a Portion of Roundhouse Circle that runs Northeast-Southwest in the Plat of Eagle Creek Junction 1st Addition from Roundhouse Circle to Sarazin Street, and move for its adoption. W W O —Q W_ f� / N SI ' li .,_ od / < i 1 N Z .�1// N /5;c = 1 a L j /., % (�' o ' 1 !" Z Z ./r .,......;._;;;PP,. .e.t,r,01." i.,--, �, gq in d C i�45: 4. i4 :• J Iv- • / Ci fel; Jr -ka el r c. �e b w 7er1_ :/ m y: ): \\ [t r/ _�"�r� • M • y 'ar\\ e o '�;:' C7 /• . �.Laa a'..-_t ,\ k .:,..t.......„.......... (% Z j < vi rRr \ ,...:/r-'..-„.....:„ �, c.1 s' fez\./ I e I Z e N „.....,/,-...7 • "1Sr \ CSW h r�� . \ -< 0 " / .x: NI • ^~ '�' 'ira•' �,?� `d °�; / winos C� d.-:: �`_ �a' a,/ `y► �/� �s /. �� 09'911-�� c':, e k w �' / •:,..---4 s ROUNONO ' v ''.4•••.,��.//`/.J y, r — — — . i ,-?.:7 z,-/ -g =II si v 1 \--- - /• • ILI 1�.. �/ •••• /. / I _. <' / • � I � / s ••• Irl t V /4 '/. ,r .' ''rr rJJ ,r �` ti ,I Z1 t'1 a •4. • �.:e t �/ — V1 ' ;'� / I 0 At , ry ,/ �1 - tr, `C. 1: _ter :; `= // W -0-— 451.55 I L. tx // '( `' � -- '/ e / / 09'11.z • t.rt.nN ......... ••"•••:13."" /g I �.� \ w.. :u .3tr�s/ \v d 1N i.' N 2 f Y - n• 1 t L —o is "3 tIS tat IV 41 a= 4 •• �—f� -s i:# J , . • • .�46•'�. '`• I /•i Q s - rw, ...-....,,,.,-/-•;2. :�. W $ . . .*•%i • jp'0' i• w• y= ' ..M Hr .i s ii F oc •$ I t :• rti '`�„ : I 3 l Ys i / •aM :.i i!.-LsJ �' " / .4 R is I ::. - 'sf s3 rJ , J .:. W I$ ! +' t '. - Jam: +, J.�1 is - _ FIs - Z /:• ! 0 . . , `., v T X 1 a . ''^ S. 1 O y D = "I _ VI 2 - ,r _ ttl 0 a -moo • `- r Q = Qe t: ..i. 1 W 3 = li l • ; W ` =r.a . . a i 2 i ;i # !l ; y0 .f% .. • . : . k i W c'- O O . . .y �� • 1 y • J ,: - --1 1:.. L • : • 1 - • • ! n" l... te ORDINANCE NO. 316, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, RENAMING A PORTION OF ROUNDHOUSE CIRCLE, LOCATED IN EAGLE CREEK JUNCTION, FIRST ADDITION, TO SARAZIN STREET. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That portion of Roundhouse Circle described below is hereby renamed Sarazin Street: That portion of Roundhouse Circle running northeast to southwest and lying between Lot 8, Block 1, Eagle Creek Junction 3rd Addition and Lot 1, Block 1, Eagle Creek Junction 1st Addition. Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1991. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: ���. pp <��Z,C �� City Attorney Published in the Shakopee Valley News on the day of , 1991. [ORDSTNAM] '''JONSENT EXPLANATION TO ORDINANCE 3 % y ORIGINATING DEPARTMENT: Law Department PURPOSE: To revise the definition of "misdemeanor" to bring it in line with state law. REMARKS: Currently the City of Shakopee has an unusual definition of "misdemeanor" which allows for a fine, but not jail time. Under state law, a misdemeanor allows for a fine, jail, or both. This amendment will bring our ordinance in line with state law. Prior to 1969, cities could not include jail time for ordinance violations. Now, however, the lack of jail as an alternative is confusing to the judges and difficult to explain in court. Frequently a judge will want to impose a fine and jail time, with all the jail time suspended, as an incentive to the defendant to behave properly for the time of the suspension. I have spoken to prosecutors from other cities, and none of them has a misdemeanor provision which lacks jail time. ACTION REQUESTED: Offer Ordinance No. . , , an ordinance amending Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation, by repealing Subd. 10 of Section 1. 02 , Definitions, and enacting one new subdivision in lieu thereof, and move its adoption. Submitted by: ,/44 City Attorney [1. 02 ] ORDINANCE NO. 317 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 1, GENERAL PROVISIONS AND DEFINITIONS APPLICABLE TO THE ENTIRE CITY CODE INCLUDING PENALTY FOR VIOLATION, BY REPEALING SUBD. 10 OF SECTION 1. 02, DEFINITIONS, AND ENACTING ONE NEW SUBDIVISION IN LIEU THEREOF. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violations, is hereby amended by repealing Subdivision 10 of Section 1. 02 , Definitions, and enacting one new Subdivision 10 in lieu thereof, which shall read as follows: Subd. 10. The term "misdemeanor" means the crime for which a sentence of not more than 90 days or a fine of not more than $700. 00, or both, may be imposed. [On appeal, the costs of prosecution may be added by the court as provided by statute. ] Note: The bracketed language [thus] is deleted; the underlined language is inserted. Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1991. Mayor of the City of Shakopee Attest: City Clerk i Approved as to form: �_f i ,1_/_zt City Attorney Published in the Shakopee Valley Ner.$s on the day of , 1991. [1. 02] c-ONSENT iv .z) MEMO TO: Dennis Kraft, City Administrator FROM: Jeff Swenson, Engineering Tech. II )21-,) SUBJECT: Lewis Street Project No. 1990-5 DATE: August 15, 1991 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the Lewis Street Project No. 1990-5. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. ACTION REQUESTED: Offer Resolution No. 3450, A Resolution Accepting Work on 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. JS/pmp MEM3450 CERTIFICATE OF COMPLETION CONTRACT NO , : 1990-5 DATE: August 15 , 1991 PROJECT DESCRIPTION : Lewis Street Reconstruction CONTRACTOR: S .M. Hentges & Sons , Inc . P . O . Box 212 Shakopee , MN 55379 ORIGINAL CONTRACT AMOUNT $ 482 , 259 . 20 QUANTITY CHANGE AMOUNT $ - 9 , 276 . 43 CHANGE ORDER NO , 1 THRU NO, 2 AMOUNT , , , $ 12 , 738 . 75 FINAL CONTRACT AMOUNT $ 485 , 721 . 52 LESS PREVIOUS PAYMENTS $ 485 , 721 . 52 FINAL PAYMENT $ -0- I , hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council . I, therefore, recommend above specified final payment be made to the above named Contractor. Professional Engineer Form IC-13& 1- . Minnesota Department of Revenue Rev.9/99 ' Withholding Affidavit for Contractors V -\990 This affidavit must be approved by the Minnesota Department of Revenue before the rfn 2 8 799( State of Minnesota or any of its subdivisions can make final payment to contractors. Company name Minnesota ID number S .M.Hentges & Sons Inc . 3312365 Address Monttuyear work began P.O. Box 212 May 1990 City State Zip Code MorMvyear work ended Shakopee MN 55379 December 1990 Total contract amount: 482259 . 20 Telephone number Amount stir due: 612) 445-7004 2 , 000.00 Did you have employees work on this project? Project number: 1990-5 • If none,explain who did the work: yes Project location: Lewis St . , Shakopee Project owner: City of Shakopee Address 129 East First Ave. , Shakopee . .. • . . 55379 Check the box that describes your Involvement in the project and fill in all information requested in that category: 0 Sole contractor 0 Subcontractor If you are a subcontractor,fill in the name and address of the contractor that hired you: a Prime Contractor If you subcontracted out any work on this project, all of your subcontractors must file their own IC-134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had, fill in the business information below, and attach a copy of each subcontractor's certified IC-134. (If you need more space, attach a separate sheet.) Business name Address Owner/Officer Mn State CG/AVR Inc . 6801 West 150th St. , Apple_Valley, MN 55124' Hardrives , Inc. 9724 10th Ave. No. , Plymouth, MN 5 441 Trio Tree 2355 Marschall Rd . , Shakopee MN 5379 Novotny Tree Moving 3374 Marschall Rd. , Shakopee, MN 55379 K&K Landscaping Box 31 Willow River, MN 55795 I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of Revenue to disclose pertinent information relating to this project,including sending copies of this form. to the prime contractor if I am a subcontractor,and to any subcontractors if I am a prime contractor,and to the contracting agency. Contractorteig7filture Tito Dale Adm. Asst . 12/29/90 For certification,mail to: Minnesota Department of Revenue, Business Trust Tax Section Mail Station 6610,St. Paul, MN 55146-6610 Certificate of Compliance with Minnesota Income Tax Withholding Law Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. Signature of authorized Department of Revenue official Oats 1!). COAVALICLAODEC 2 S 90 RESOLUTION NO. 3450 A Resolution Accepting Work On Lewis Street, Between 4th Avenue And 10th Avenue And Sommerville Street, Between Shakopee Avenue And 10th Avenue Project No. 1990-5 WHEREAS, pursuant to a written contract signed with the City of Shakopee on May 22 , 1990, S.M. Hentges & Sons, Inc. , P.O. Box 212 , Shakopee, MN 55379 has satisfactorily completed the Lewis Street Street Project, between 4th Avenue and 10th Avenue and Sommerville Street, between Shakopee Avenue and 10th Avenue by pavement, sanitary sewer, storm sewer, watermain, sidewalk, and curb & gutter, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved; and 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 ® � � L�il ` MEMO TO: Dennis Kraft, City Administrator FROM: Jeff Swenson, Engineering Tech. II 97i SUBJECT: Adams Street Project No. 1990-3 DATE: August 15, 1991 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the Adams Street Project No. 1990-3 . BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. ACTION REQUESTED: Offer Resolution No. 3451, A Resolution Accepting Work on Adams Street, Between 6th Avenue and 3rd Avenue and 4th Avenue, Between Adams Street and Harrison Street, Project No. 1990-3 and move its adoption. JS/pmp MEM3451 CERTIFICATE OF COMPLETION CONTRACT NO . : 1990-3 DATE: August 15 , 1991 PROJECT DESCRIPTION : Adams Street CONTRACTOR: Northwest Asphalt , Inc . 1451 County Road 18 Shakopee , MN 55379 ORIGINAL CONTRACT AMOUNT $ 145 , 880 . 00 QUANTITY CHANGE AMOUNT $ 602 . 19 CHANGE ORDER NO . 1 THRU NO, 2 AMOUNT , , , $ 11 , 566 . 00 FINAL CONTRACT AMOUNT $ 158 , 048 . 19 LESS PREVIOUS PAYMENTS $ 157 , 548 . 19 FINAL PAYMENT $ 500 . 00 I , hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council , I, therefore, recommend above specified final payment be made to the above named Contractor, Pro essional Engineer J A i V 1 _t. eirt3�lrCE>`r,;: `t g� rs ^i 1. — Form Minnesota Department of Revenue IC-134 . 4�7 •, r n r, a Rev.Sv89 L:;l-•-0':..A. Withholding Affidavit for Contractors J n r:i This affidavit must be approved by the Minnesota Department of Revenue before the 'ACO.,.L`� - "'' State of Minnesota or any of its subdivisions can make final payment to contractors. coerp.viy name IAnnesata ID nutrper � _ `CO 1 �5. ENVZRO-TECH �,.J``{ `G. ', % . Address UontWyearwork,began ♦ 9580 EDEN PRAIRIE ROAD a%,. < !LT- >�P� Z r �i ' Csy Stara Bp Code AlontNyear work en9e _ ,- / "74 .l n, 55344 fc.�_--P - 1i--C..r (.- EDEN PRAIRIE MN Total contract amount: / r L c' - s Tr�Qrto .numbs Amount still due: ( � ') i__) ,r Li/� / _.i✓�� Did you have employees work on this project? Project number: 1990-3 It none,explain who did the work: Project location: ADAMS STREET Projecivwnar: CI.lY OF SHAKOPEE Address .:ny.y,;iv.kit+:fit•.. ii:w:: %•VM tied<TtJ!i%;l{Jt:•ifA,vyW,.::;:Sit.+^' +n'.4 iW 't:4..Y(%; Or�,.Y':�:iM.!+::':.">v,C:'i:+.. ++�...Kw:i -f.+iw#nY v3/.. %v:.''n;.:wi... S•�.. Check the box that describes your Involvement In the project and fill in all Information requested In that category: E Sole contractor O Subcontractor tf you are a subcontractor,fill in the name and address of the contractor that hired you: N^'R"_ ;vEST ASPHALT, INC. 1451 'CO. RD. 18 SHAKOPEE, MN 55379 • ❑ Prime Contractor tf you subcontracted out any work on this project,all of your subcontractors must file their own IC-134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had, fill in the business information below, and attach a copy of each subcontractor's certified I0-134. (If you need more space,vattach a separate sheet.) Business name Address r/Officer .i rr,i " 1 q`., ; .. ........ii::.•..v+.tr:,i•:;z::;,t,.•v:-.t:::::.;.: sees..+.. .. .. sees -- ..:....,. . ...::..... ....... . ..>:. :< sees:+t- - :.:::::':.;•stet... .. .: i declare that all informaoon I have filled in on this form is true and complete to the best of my knowledge and belief I authorize the Departrnent of Revenue to disclose pertinent intormaoon relating to this project,including sending copes of this form, ,r to the prime contractor if I am a subcontractor,and to any subcontractors if I am a prime contractor,and to the contracting agency. The Dais Contracnr'sv/aignaturs / i" 7 n-t---,-.01,) / �� ^ • �_1 , <.�-�< // - / - ' c! ,'i For certification, mail to: v' Minnesota Department of Revenue, Business Trust Tax Section Mail Station 6610, St. Paul, MN 55146-6610 Certificate of Compliance with Minnesota Income Tax Withholding Law Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services� with the state of Minnesota and/or its subdivisions. ox. Signature d st �✓,� J�'�1, /� �7_ CFC ii sa Formy .:.,..-_ .:,' `=x Minnesota Department of Revenue Rev ."... Withholding Affidavit for Contractors Rev 8/89'. DEC 3 1 1990 ✓ This affidavit must be approved by the Minnesota Department of Revenue before the •i ;t , r , -,,, State of Minnesota or any of its subdivisions can make final payment to contractors. L4hneaota ID number Cortpa ry mann e400 NORTHWEST ASPHALT, INC. 5333310 4 Address Monthyw%0d(began 1451 CO. RD. 18Sulu Zlp Code �o w 1990 work forKlexl N �-'i \Yi‘ Gn SHAKOPEE MN 55379 NOVEMBER 1990 Tact contras amount: 5157 ,446.00 Twprwt.manta, Amount atIl due: ( 612 ) 445-1003 S 7,692.97 Did you have employees work on this project? Project number: 1990-1 If none,explain who did the work: Project location: ADAMS STREET �5 Project owner: CITY OF SHAKOPEE Address ......,:Fi:i!:•.<.+:::5'4�:i:,-:4•i2N+u't•:::i-iiei3?lww::`vF'Coir?.rt::XiJti?ut>h:z<:;.,:i3'4h..o'<�•:L?riiY.w,;':+.:.ti%w.I.,:;Ft'::::..'?'?-::•..: T.-`..4YwR.+s.:l.'.:.:'�!.:!:.-.�;.isc::i;nav t.?cv'dy::.w:!.,J-e•.:.:;,Y.:v::+3'n•::•i:..:ii '•.......w. . Check the box that describes your Involvement In the project and till In all Information requested In that category: ❑ Sole contractor ❑ Subcontractor If you are a subcontractor, fill in the name and address of the contractor that hired you: ❑ Prime Contractor If you subcontracted out any work on this project, all of your subcontractors must file their own IC-134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had, fill in the business information below, and attach a copy of each subcontractor's certified I0-134. (If you need more space, attach a separate sheet.) Business name Address Owner/Officer ENVIRO—TECH 9580 EDEN PRAIRIE RD. EDEN PRAIRIE, MN 55344 .. I dedmat at all information I have filled in on this form is true and complete to the best of my Knowledge and belief. 1 authorize the Department of Revenue to disclose pertinent tnforrbanon relating to this protea,urcud ng sending copies of this form, to the prime contractor it I am a subcontractor,and to any subcontractors it I am a prime contractor,and to the contracting agency. Contractw'a apnawe Trite / Date For certification, mail to: Minnesota Department of Revenue, Business Trust Tax Section Mail Station 6610, St. Paul, MN 55146-6610 Certificate of Compliance with Minnesota Income Tax Withholding Law Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services,lith the state of Minnesota and/or its subdivisions. Dia r•,i scrwu.or au4torvAd Depaltrrocttot-fie )flue OrlKul..;. /�/ - :, '•.) RESOLUTION NO. 3451 A Resolution Accepting Work On Adams Street, Between 6th Avenue And 3rd Avenue And 4th Avenue, Between Adams Street And Harrison Street Project No. 1990-3 WHEREAS, pursuant to a written contract signed with the City of Shakopee on July 25, 1990, Northwest Asphalt, Inc. , 1451 County Road 18 , Shakopee, MN 55379 has satisfactorily completed the Adams Street, between 6th Avenue and 3rd Avenue and 4th Avenue, between Adams Street and Harrison Street by pavement, curb & gutter and storm sewer, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of $ 500. 00, taking the contractor' s receipt in full . Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney r '16ENT MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director (y) SUBJECT: 1991 Sidewalk Replacement Project DATE: August 14, 1991 INTRODUCTION: Attached is Resolution No. 3452, which orders a public hearing for the Sidewalk Replacement Program. BACKGROUND: In 1989 the City Council adopted a policy whereby all sidewalk replacement in Shakopee would be funded 50% by the abutting property owner and 50% by the City of Shakopee. The City Council also indicated that the Capital Improvements Program would include $25, 000. 00 a year for annual sidewalk replacement. The Engineering Department has divided the City up into various zones (See attached map) . In 1990, the first year of this program, all defective sidewalk located in Zone 2 was replaced. This year it is proposed to replace defective sidewalks within Zone 3 , although due to the large amount of defective sidewalk the entire zone will not be completed this year. Staff is ready to bid out this project and hire a contractor to do this work. The City Attorney has advised staff that in order to assess any portion of this project, a public hearing must first be held. Since the City has adopted a 50% cost to the abutting property owner for this project, a public hearing is required in order to assess that 50%. Attached is Resolution No. 3452 which sets the public hearing for this project. The public hearing has been scheduled for September 3, 1991, which is the earliest it can be held in order to comply with official notices. ALTERNATIVES: 1. Adopt Resolution No. 3452 setting the public hearing for September 3 , 1991. 2 . Adopt Resolution No. 3452 , but set the hearing for a different date. 3 . Do not adopt Resolution No. 3452 . RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 3452 setting the public hearing for September 3, 1991. ACTION REQUESTED: Offer Resolution No. 3452 , A Resolution Calling a Hearing on the 1991 Sidewalk Replacement Program, Project No. 1991-7 and move its adoption. DH/pmp PAGE i ASSESSMENT ROLL 1991 SIDEWALK REPLACEMENT PID OWNER LOT/BLK. 27-001424-0 County of Scott Block Lying %County Administrator Bet Blks 56 & 428 S. Holmes St./Rm. 110 57 AKA Shakopee, MN 55379 Courthouse Sq. 27-001425-0 County of Scott E 1/2 Block 57 %County Administrator Shakopee City 428 S . Holmes St./Rm. 110 Shakopee, MN 55379 27-001433-0 St. Francis Hospital W 1/2 Blk. 57 325 W. 5th Ave. Shakopee City Shakopee, MN 55379 27-001434-0 St. Francis Hospital All of Blk. 58 325 W. 5th Ave. Shakopee City Shakopee, MN 55379 27-001477-0 James Mork & Wife Lot 5 Ex. N 903 W. 5th Ave. 8 ' , Blk. 64 Shakopee, MN 55379 Shakopee City 27-001476-0 Lauren Burgess & Wife Lot 4 Ex. N 911 W. 5th Ave. 8 ' & Ex W 2 ' Shakopee, MN 55379 of N 25 ' of S 90 ' , Blk. 64 Shakopee City 27-001474-0 Warren Ragan Lot 1 & W 1/2 935 W. 5th Ave. of 2 Ex. N 8 ' Shakopee, MN 55379 Blk. 64 Shakopee City 27-001468-0 Louise Paul Lot 5 & E 10 ' 805 W. 5th of 4 , Blk. 63 Shakopee, MN 55379 Shakopee City 27-001487-0 Hubert Weckman & Wife Lot 10 & W 1/2 938 W. 5th Ave. of 9 , Blk. 65 Shakopee, MN 55379 Shakopee City 27-001488-0 Harold & Mary Klehr Lot 8 & E 1/2 924 W. 5th Ave. of 9 , Blk. 69 Shakopee, MN 55379 Shakopee City ASSESSMENT ROLL PAGE 2 1991 SIDEWALK REPLACEMENT PID OWNER LOT/BLK. 27-001486-0 Rodney & Lori Robinson Lot 7 , Blk. 65 914 W. 5th Ave. Shakopee City Shakopee, MN 55379 27-001485-0 Ralph Weckman & wife Lot 6, Blk. 65 906 W. 5th Ave. Shakopee City Shakopee, MN 55379 27-001498-0 Michael Sullivan Lot l0, Blk. 66 836 W. 5th Shakopee City Shakopee, MN 55379 27-001506-0 James Reinke Lot 9 , Blk. 67 734 W. 5th Ave. Shakopee City Shakopee, MN 55379 27-001505-0 Joyce Heitzman Lot 8 , Blk. 67 722 W. 5th Ave. Shakopee City Shakopee, MN 55379 27-001503-0 Alfred Siedow Lot 6, Blk, 67 706 W. 5th Ave. Shakopee City Shakopee, MN 55379 27-001504-0 Germain & Virginia Weckman Lot 7 , Blk, 67 714 W. 5th Ave. Shakopee City Shakopee, MN 55379 27-001517-0 David Pond Lot 10, Blk. 6 636 W. 5th Ave. Shakopee City Shakopee, MN 55379 27-001515-0 Ronald & Rosemary Schmitt Lot 8 , Blk. 68 2514 Hauer Trail Shakopee City Shakopee, MN 55379 27-001525-0 Lydia Zimmer Lot 8, Blk. 69 520 W. 5th Ave. Shakopee City Shakopee, MN 55379 27-001524-0 George Breeggemann Lot 7 , Blk. 69 514 W. 5th Ave. Shakopee City Shakopee, MN 55379 27-001534-0 Kevin & Heidi McGraw Lot 8 , Blk, 70 422 W. 5th Ave. Shakopee City Shakopee, MN 55379 ASSESSMENT ROLL PAGE 3 1991 SIDEWALK REPLACEMENT PID OWNER LOT/BLK. 27-001533-0 Philip & Karen Stumpe W 55 ' of Lot 414 W. 5th Ave. 7, Blk. 70 Shakopee, MN 55379 Shakopee City 27-001445-0 Roman Breeggemann & Wife Lot 1, W 40 ' 535 W. 5th Ave. of 2 , Blk. 60 Shakopee, MN 55379 Shakopee City 27-001446-0 Jeffrey & Helen Henderson Lot 3 & E 20 ' 519 W. 5th Ave. of 2 , Blk. 60 Shakopee, MN 55379 Shakopee City 27-001447-0 Bruce & Lisa Clausen Lot 4 , Blk. 60 513 W. 5th Ave. Shakopee City Shakopee, MN 55379 27-001448-0 Richard & Eileen Schmitz Lot 5, Blk. 60 436 S. Apgar Shakopee City Shakopee, MN 55379 27-001437-0 Edna Flynn Lot 3 , Blk. 59 421 W. 5th Ave. Shakopee City Shakopee, MN 55379 27-001545-0 LeRoy & Loretta Lebens Lot lO,Blk. 71 340 W. 5th Ave. Shakopee City Shakopee, MN 55379 27-001543-0 James & Michelle Dellwo W 50 ' of Lot 8 332 W. 5th Ave. Blk. 71 Shakopee, MN 55379 Shakopee City 27-001556-0 Theodore Neisen & Wife Lot l0, Blk. 72 238 W. 5th Ave. Shakopee City Shakopee, MN 55379 27-001566-0 Madge Tobias W 10 ' of Lot 9 138 W. 5th Ave. & all of 10 Shakopee, MN 55379 Blk. 73 Shakopee City 27-001564-0 James Link Lot 8, Blk, 73 1043 S. Main Shakopee City Shakopee, MN 55379 27-001565-0 Martin & Jody Glynn E 50 ' of Lot 9 128 W. 5th Ave. Blk. 73 Shakopee, MN 55379 Shakopee City ASSESSMENT ROLL PAGE 4 1991 SIDEWALK REPLACEMENT PID OWNER LOT/BLK. 27-001558-0 Willis & Jeannine Smith Lot 2 , Blk. 73 127 W. 6th Ave. Shakopee City Shakopee, MN 55379 27-001549-0 Frances Roehl Life Estate Lot 4 Ex W 3 ' % Donald Van Sloun of 9, Blk. 72 7315 Hwy. 212 Shakopee City Chaska, MN 55318 27-001551-0 Kevin Suel Lot 5, Blk. 72 203 W. 6th Ave. Shakopee City Shakopee, MN 55379 27-001548-0 Ruth Bayless Lot 3 & W 3 . 9 ' 219 W. 6th Ave. of 4 , Blk. 72 Shakopee, MN 55379 Shakopee City 27-001547-0 Charles Ploumen & wife Lot 2 , Blk. 72 227 W. 6th Ave. Shakopee City Shakopee, MN 55379 27-001546-0 Mary Widmer Lot 1, Blk. 72 235 W. 6th Ave. Shakopee City Shakopee, MN 55379 27-001540-0 Donald Cox Lot 5, Blk. 71 532 S. Atwood Shakopee City Shakopee, MN 55379 27-001537-0 Philip & Kathleen Selenak Lot 2 , Blk, 71 327 W. 6th Ave. Shakopee City Shakopee, MN 55379 } _ - I 11!! 1 •- \--44A -------- i 011�I1�11 i //i Ol!I,=! 11• , I ' . \ p1111110 . 111111111 �� / I i1I!!1 1111 31111/1110 L. �� I 91111111© 411111111$ qk0 a1�..-... 110 d11v!11111 d is 011li110 11111110 ]� - - - - - - - ---- - 91111IG9111 v11U4l •t_( . H. \I,. en a w .e 1111111111110 1111114 .. ge �,r 11 CSR!' 111 11swij© 011 1111, __�_ 111► �' 91!,.,.1i'IlI i 4 .,\ I 11 ,11111111 or ��! P---.- id 1111 �ig' ' • 1111111"11111-1121M II..I.I,1'G11y1111 I 111 �' iiiialllini' We NW Ido Wilk a ti, -.1,\., „,,,, .._._._._._. 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'%h't * -i. n IT_I , I • /A ' it 9111!11 91110 1I1I?� 6-qui ill �'��/At • _ T , 1 k list-_,_, ! - 0:■19 Rims IN 1-IIi■ '�I� isk�‘ k VT\a\ „s ---_L---- --- -- -_- -- --- ---- -- --- -�_., _, I1 _ =ariar_tz] s� rS :.- a cn O�i 1 ilia p+ s t. , ,I wili. : ..El 8 itiiiio3u3.0 O P0111 M- . , i: [;111. w ///: , ___.. F14.1. . L-_._ 0 d M IIIHI *I : IH . ,, _ i ! fitBonk . RESOLUTION NO. 3452 A Resolution Calling A Hearing On The 1991 Sidewalk Replacement Program Project No. 1991-7 WHEREAS,the City Council has adopted a Sidewalk Replacement Policy by Ordinance No. 270 adopted August 25, 1989 which allows for the funding of replacing/repairing sidewalks by 50% City and 50% property owner; and WHEREAS, the City Engineer has prepared a list of locations to be included in the 1991 Sidewalk Replacement Program and has presented that list to the City on August 20, 1991. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The Council will consider the improvement of the 1991 Sidewalk Replacement Program in accordance with the report and the assessment of abutting and benefitted property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $25, 000. 00. 2 . A public hearing shall be held on such proposed improvements on the 3rd day of September, 1991, at 7 : 30 P.M. , or thereafter, in the Council Chambers of City Hall, at 129 East 1st Avenue and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3 . The work of this project is hereby designated as part of the 1991-7 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney / Sy- MEMO TO: Dennis Kraft, City Administrator (--4D5 FROM: Dave Hutton, Public Works Director SUBJECT: Street Light Petition DATE: August 15, 1991 INTRODUCTION: Staff has received a petition for a street light on 6th Avenue, between Jackson Street and VanBuren Street. BACKGROUND: Attached is a petition received by staff from a neighborhood group requesting that a street light be installed on 6th Avenue, between Jackson Street and VanBuren Street. The subject location of the requested street light is at the intersection of Harrison Street and 6th Avenue (See the attached map) . The light distance between VanBuren Street and Jackson Street is approximately 700 feet and is twice as long as normal blocks in Shakopee. There is no existing street light at the intersection of Harrison Street and 6th Avenue. Staff is obtaining a cost estimate from Shakopee Public Utilities to install this street light, which should be available at the August 20, 1991 City Council meeting. Typically, street lights have been costing around $1, 000. 00 to install, based on past street lights installation. Up until the last year or so, the City Council has installed street lights using money from the Contingency Fund, but within the last year City Council has taken the position of assessing new street light requests. Staff does not believe that the amount of administrative expenses involved with assessing this small of project is worth going through the process, considering the amount of time, official mailings, public hearing, etc. in order to assess this project. If the City Council wishes to assess this project, attached is a resolution which sets the date of the public hearing for Council consideration. Usually when a street light is being requested by a neighborhood it is in mid-block on over length streets and the Council has assessed these lights. In this particular case, the street light will be at an intersection of two streets, which is one of Shakopee Public Utilities criteria for initially installing street lights. Staff has been unable to determine why a street light was never installed at this intersection. Because this requested street light is at an intersection, the City Council may wish to take exception to their policies on assessing street lights. ALTERNATIVES: 1. Adopt Resolution No. 3453 setting the public hearing to consider a street light on 6th Avenue, between Jackson Street and VanBuren Street. 2 . Approve the request and direct staff to install the street light with funds coming from the Contingency Fund. 3 . Approve the request but finance the street light out of a different fund. 4 . Deny the request. ACTION REQUESTED: Discuss the petition for the street light and direct staff to take the appropriate action. DH/pmp LIGHT I .•,• N ,...,. ... i._ . .. . _ . . . . iil •••. .• : SUBJECT LOCATION - -1.: 01A . i. •...•• •,.. . 44-- ----- - . . f. ; ::- ..-.--, ‘.:-,---- • -A.,.-- "-......... ,..-- :,-,-i ----- __-77.,s- _„....i. . . .., : ......_ . ., 1-- ___ 40,1010 ',• : \ lie"/• . . \ - ..5 -.. ...- ---,----,-,.- ---- -,.--- • _ _ _ _ __.;;;„=-...- _ _. . . ... ..-;,--- - \ . , - • . _,-- . . \ ..- . viA,--- ---4 ---.• -- . • : ."' tide - el-- --=------- vast \. ell-1. ------ %ma .. ....„.. - II pr„_______ Ara 111-7-- itII-1U It IIM 416 4411 , 1 ill ella , ow giglallig. 111 ow ' y. 0 101. i 1 gni - Irlit WIII ...,_ 0.e. y I OS WI 40100 - olti _ ii k ,,•, iiianW • , I...7::::::..1- ,.... I • IC- ./;/ 1169 OM re,71717 • ' V . / RIvEavIEN __00 6 1 410 Pa RR 111 c_c:D. a$6021 ret, \ ' ' Z st* rf. . 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T 4 ,, --... 9_17W.1 - --•-•- 0,,, .., % 0). % 4 AA OM MID 17 1 " SON UM &ZS C i I t" El • ........„ , ,A. / IN -- ig _ in ---,_ 11:11 . VI RErEll .2-1 (--,? ._ NI iiimii _Th- .4%•1 4 g 4,0,4,0 iri ti 1 L.085 PARR --1 \ .( a 11 0, M" ° .0pic . LQ . -- ( \ • Date / 9/ 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 : Street Light on 6th C/Avenue , between Jackson Street/M (.k and VanBuren Steet/Mehtit , and request that the same be made during the year 1991 • 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 MSA Chapter 429 . PETITIONER LOT BLOCK 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. • Circulator i / • Approved this day of , 1984 City Attorney This instrument prepared & drafted by: H. R. Spurrier City Engineer 129 East 1st Avenue Shakopee , MN 55379 I ECE0VE[) Shakopee, Minnesota RUG — 5 991 Attention City of Shakopee Councils For security and safety reasons the following residents of the city of Shakopee would like to petition the city council for another street light on Sixth Avenue between Jackson and Van Buren Streets. This is an extra long block and the area is very dark, especially during the long dark fall and winter months. Respectfully submitted: ame Address Phone # �/ �; u-uc, /7v/ C., Ct4 c 1, 441/ / , /7G/ - W. 6 Cts y �c5- -5ief / / / �r-Tt !Li , 6 /(4 '' 5--- ,-,,,17 16k,; },-)0,.., i ') 6.- 6(''. 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