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HomeMy WebLinkAbout02/02/1993 TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 2 , 1993 Mayor Gary Laurent presiding 1] Roll Call at 8: 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 the Minutes of December 15, 1992 , January 19, 1993 10] Communications: 11] Public Hearings: None 12] Boards and Commissions: Planning Commission: *a] Request for Extension of Time to Record Market Place *b] Amending Res. No. 3650, Approving Final Plat of Maple Trails Estates 1st Addition - Res. 3739 13] Reports from Staff: a] Foothill Trail Drainage - tabled 1/19 *b] Spencer Street Addition to State Aid System c] McKenna Road Upgrade *d] Application for Temporary Liquor Licenses - St. Marks *e] Approve Bills in the Amount of $329 , 347 .98 *f] City Hall Parking Plan g] City Hall Refuse Container Screening h] Downtown Alleys - Underground Utilities i] City Hall Sale/Lease Options j ] Hiring of Law Firm to Represent the City in the M.P.R.S. Lawsuit k] City Tag Line - memo on table TENTATIVE AGENDA February 2, 1993 Page -2- 14] Resolutions and Ordinances: *a] Res. No. 3737 - Apportioning Special Assessments In RLS-134 *b] Res. No. 3738 - Supporting Enabling Legislation Allowing Municipalities to Establish Transportation Utilities *c] Res. No. 3740 - Accepting Work on Upper Valley Drainage, Phase I, 1987-5 15] Other Business: a] b] c] 16] Recess for an executive session to discuss collective bargaining 17] Re-convene 18] Adjourn to Tuesday, February 16, 1993 at 7: 00 P.M. Dennis R. Kraft City Administrator MEMO TO: Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: January 29, 1993 1. On January 25, 1993 the Shakopee Park and Recreation Advisory Board reviewed the status of the Community Youth Building Committee. At that time, the Board recommended to City Council that a resolution be prepared that would transfer the duties and responsibilities of the Community Youth Building Committee to the Park and Recreation Advisory Board. A resolution will be prepared for Council consideration on February 16, 1993 . 2 . Attached is a memo from the Public Works Director regarding the Special Assessment Policy revision. 3 . Attached are the February 4 , 1993 agendas for the Planning Commission and the Board of Adjustment & Appeals. 4 . Attached is a memo from the City Clerk regarding the recommended appointment to the Lower Minnesota River Watershed District. 5. Attached is a memo from the City Attorney regarding Railroad Crossings. 6 . The Shakopee Senior Party, Inc. has applied for an application for exemption from Lawful Gambling License from the Gambling Control Division. They do meet the requirements of the City Code. 7 . Attached is the February calendar of Upcoming Meetings. 8 . Attached is the February Business Update from City Hall. 9 . Attached is correspondence from the Mayor to Mr. & Mrs. Thoen regarding an incident that happened in their neighborhood. 10 . Attached is the Police Newsletter for Council review. MEMO TO: City Council Members Dennis Kraft All Department Heads FROM: Dave Hutton, Public Works Director SUBJECT: Special Assessment Policy DATE: January 20, 1993 At the January 19 , 1993 Council meeting, the City Council adopted the new Special Assessment Policy by Resolution No. 3735 with one minor revision, pertaining to the reconstruction of the Central Business District alleys. Attached is a revised Page 14 of the assessment policy reflecting this revision. PLEASE REMOVE THE EXISTING PAGE 14 FROM YOUR ASSESSMENT POLICY AND INSERT THIS NEW PAGE. Thank You. landowners abutting rural gravel roads or for rural collector roads that have little or no direct driveway accesses to it. 5. Overlay, Seal Coats Overlays and sealcoats will not be assessed, but rather funded from the Pavement Preservation Fund. 6. Alleys Upgrading existing gravel alleys by adding pavement will be assessed 100% to the block in question. Reconstructing existing paved alleys will be 100% assessed also, except in the Central Business District (CBD) . For CBD alleys, the City Council will determine the amount assessed at the public hearing considering the improvements. B. Sidewalks and Trails 1. New Construction New sidewalks will be assessed 100% to the abutting property on which the sidewalk is located. 2 . Reconstruction Replacement sidewalks will be assessed 50% to the abutting property owner and 50% City funded. 3 . Trails Bituminous walkways or bicycle trails will not be assessed, but rather funded 100% by the City. C. Storm Sewer Improvements Storm sewer assessments shall normally be by the "area" method. A. New Storm Sewer Construction New trunk storm sewer installations will be funded 50% by the General City-wide Storm Sewer Utility Fund and 50% from a Special Benefit charge on the utility bills for all properties located within the benefitted drainage area of the improvements. If there are any oversized storm sewers for system wide facilities, the oversizing costs will be paid for out of the Storm Sewer Utility Fund. 14 TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN February 4, 1993 Chairperson William Mars Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of January 7 , 1993 , Meeting Minutes 4 . Recognition by Board of Adjustment and Appeals of Interested Citizens. 5 . 7 : 30 P.M. PUBLIC HEARING CONTINUED: To consider an appeal to the staff's interpretation of the City Zoning Ordinance's definition of mobile homes in the Racetrack District. The applicant wishes to use the structure for storage at 2100 Eagle Creek Blvd. Applicant: John Clark Action: Resolution No. 653 6. Other Business a. Election of 1993 Officers b. NOTE TO THE B.O.A.A. MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Terrie or Aggie on the Monday or Tuesday prior to the meeting. 2 . If you are unable to attend the meeting, please call the Planning Department prior to the meeting. TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, MN February 4 , 1993 Chairperson Terry Joos Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of the January 7 , 1993 , Meeting Minutes 4 . Recognition by Planning Commission of Interested Citizens. 5 . 7 : 40 P.M. PUBLIC HEARING: To consider the rezoning from Agricultural (Ag) to Highway Business (B-1) of a 60 acre parcel located on the east side of County Rd. 17 , approximately 1/2 miles south of the intersection of Vierling Dr. and County Rd. 17 . Applicant: St. Francis Regional Medical Center 6 . 7 : 50 P.M. PUBLIC HEARING: To consider an application for the preliminary and final plat of Century Plaza Square 4th Addn. , located in the southwest corner of Marschall Rd. and 4th Ave. Applicant: Cletus Link 7 . 8 : 00 P.M. PUBLIC HEARING: To consider the preliminary and final plat of Milwaukee Manor, located east of Market St. and north of 7th Ave. Applicant: LeRoy Menke 8 . Final Plat: To consider the final plat of Valley Park 11th Addn. , located on the northwest corner of 12th Ave. and Valley Park Dr. Applicant: Jon R. Albinson Valley Green Business Park 9 . 8 : 20 P.M. PUBLIC HEARING CONTINUED: To consider an application for a conditional use permit for a private wastewater treatment plant located at 800 West 1st Ave. Applicant: Rahr Malting Co. 10 . Discussion: Dale Dahlke wishes to discuss the feasibility of rezoning the easterly 10 acres of the Highway Business (B-1) District lying at the northeast corner of Marschall Rd. and Vierling Dr. to Urban Residential (R-2) . 11. Other Business A. 1992 Annual Report of the Board of Adjustment and Appeals and Planning Commission. B. Election of 1993 Officers - See BOAA Memo 6.a. 12 . Adjourn Lindberg S. Ekola City Planner NOTE TO PLANNING MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Terrie or Aggie on the Monday or Tuesday prior to the meeting at 445-3650. 2 . If you are unable to attend the meeting, please call the Planning Department prior to the meeting. �- y MEMO TO: Dennis R. Kraft, City Admit trator FROM: Judith S. Cox, City Clerk RE: Recommended Appointment to Lower Minnesota River Watershed District DATE: January 20, 1993 At the regular council meeting on January 19th, Councilmembers questioned the process utilized by the County Commissioners to fill openings on the watershed districts. I spoke with Jane Hanson, Recording Secretary for Scott County Board, and she advised me of the county process for filling openings. She said that they do advertise in all county papers for openings and they did so for the watershed district openings. She stated that the state law also requires the county to contact municipalities within the watershed districts for recommendations for watershed appointments. Also, the county advises the municipalities of anyone who has applied. You may remember that Mr. McCann did mention that Mr. Kephart had expressed an interest in serving another term. MEMORANDUM45 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: January 21, 1993 RE: Railroad Crossing - Non-Agenda Informational Item You have asked what steps we could take regarding the railroad's failure to install a new rubberized railroad crossing at Market Street together with signals at both Minnesota Street and Market Street. Dave Hutton and I discussed this matter in December and worked up the following plan of action: In February or March, I will send a letter to the railroad asking when the work will be done. The letter will advise them to send our money back plus interest if the work will not be done by May 1, 1993 . We will then install an asphalt crossing (which Dave Hutton says will cost little -- a few thousand dollars) . The letter will point out that if the work is not done by May 1 and the check is not returned, the City will have no choice but to sue for breach of contract. This is for your information. Signed _4_2 i Y. y Karen Mart , CiAttorney KEM:bjm (' [21MEMO] cc: Dennis Kraft Dave Hutton 47 February Upcoming Meetings SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 4:30pm Public 8.00pm City 7:30pm Planning Moving Day Utilities Council Commission 7 8 g 10 11 12 13 14 15 16 17 18 1g 20 City Hall Closed 7:OOpm City 5:30pm CDC Council 21 22 23 24 25 26 27 7:OOpm Park & • Recreation 28 January March SMT W TF S SMT W TF S 1 2 1 2 3 4 5 6 3 4 5 6 7 8 9 7 8 9 10 11 12 13 10 11 12 13 14 15 16 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 29 30 31 31 • 43- BUSINESS UPDATE FROM CITY HALL Vol. 7 No. 2 Dear Chamber Member: February 1, 1993 Administration Community Development On January 19, 1993 the Shakopee City Council February 6, 1993 has been set for the relocation approved the 1993 pay plan for the officers, elected date for the Shakopee City Hall and Recreation officials and non-union employees for the City of Department to the new City Hall facility located at Shakopee. The 1993 pay plan includes a 3% 129 South Holmes St. In conjunction with the increase for non-union employees and part-time move, staff is preparing a parking plan for the positions. Elected officials and fire fighters will parking lot adjacent to the City Hall facility. Staff not receive a cost of living adjustment in 1993. is considering posting the lot next to City Hall for short duration parking during business hours. The City recently received the results of the Staff is also considering changing the parking arbitrators award for the Police Officer and restrictions in the Second Avenue lot to Sergeant Unions. The arbitrator awarded a 31/2% accommodate employee parking at the new City increase for both employee groups for 1992. Staff Hall facility. is currently negotiating an agreement with the Office and Technical Employees, Police Officers In a related matter, an appraisal has been ordered and Sergeants Unions for 1993. for the site formerly known as the Pelham Hotel site. The City is considering the possibility of City Clerk acquiring the property for parking lot purposes to relieve parking demand associated with the new On January 19th, City Council made appointments City Hall facility. to boards and commissions filling terms expiring The appraisal for 57 acres of property located January 31st. There are still openings on the south of the Senior High School has been Building and Housing Advisory Boards, the completed. City staff will be meeting with School Energy and Transportation Committee, the District officials to develop a plan for acquiring all Community Youth Building Committee and the or a portion of said property. The School District 1993 Board of Review. Anyone interested in is considering acquiring approximately 30 acres serving on any one of these committees is for future school purposes. The City is also looking encouraged to obtain an application at City Hall or at the site for future recreation needs and/or by calling 445-3650. municipal facility needs. Park and Recreation The Shakopee City Council reappointed Delores At this same meeting, the Planning Commission Lebens, Paul TenEyke and John Tieben to the Park tabled their recommendation to the City Council and Recreation Advisory Board. Their regarding a request to be released from a appointments are for three years. The other requirement to install a sidewalk along the north members of the Advisory Board include Paulette side of Secretariat Drive. This was a requirement Risland, Ann Siefert, Steve Johnson and Bob of the approval of the subdivision for Canterbury Tomczik. Sherry Dvorak, who was hired in the Park 2nd Addition. The Planning Commission Fall of 1991 as a temporary Recreation Assistant, will once again consider this request after the has had her status changed from temporary to completion of the East Shakopee Transportation permanent. She will be working 32 hours per Study. The Planning Commission also tabled their week planning and coordinating recreation review of a Conditional Use Permit that was programs and activities. issued to One-Way Sweeping. This review was tabled until their regular meeting in May, 1993,to On January 25, 1993 the Shakopee Park and allow the review to occur while the facility is in Recreation Advisory Board will be discussing the operation. status of the Community Youth Building Facility Committee. In 1988, the Shakopee City Council Public Works established a Community Youth Building Facility Committee to oversee the operations of the The contractor for the 12th Avenue Sewer and community youth building. The past year and Water Project in the industrial area continues to one-half, the City has had a problem finding make progress, work will continue through the volunteers to serve on the Committee. The Park winter. The City is still waiting on the railroad to and Recreation Advisory Board will be discussing put in the new crossing at Market Street, but they options for rejuvenating the Committee or finally started work on the signals in January. consolidating the duties of the Community Youth The initial design on the V.I.P. Intercepter Building Committee under the Park and Extension from CR 79 West to CR 15 is completed, Recreation Advisory Board. which also includes the force main from Rahr Malting to the V.I.P. to handle the additional Planning sanitary sewer flow from the expansion of their facilities. At their meeting on January 7,1993,the Shakopee Board of Adjustment and Appeals continued a Feasibility reports are being prepared for the public hearing regarding an Appeal of the Decision following projects: I) Downtown Alleys, 2) of the City Administrator to their February Spencer St. from First Ave. to Shakopee Ave. meeting. This continuation will allow time to including Eighth Ave. from Atwood St. to Spencer present additional information regarding a mobile St., 3)Webster St. from Third Ave. to Sixth Ave., home structure that was moved into the 4) Minnesota St., Dakota St. and alleys North of Racetrack Zoning District (RTD) for storage Seventh Ave. and 5) Fillmore St.- First Ave. to purposes. Fourth Ave., Naumkeag St.- Second Ave. to Fourth Ave. and Atwood St. - Fourth Ave. to Fifth At their meeting on January 7,1993,the Shakopee Ave. Planning Commission approved a Conditional Use Permit to allow the Cross of Peace Church to be constructed at 2693 Marschall Road. The site is located in the Rural Residential (R-1) Zoning District. The Planning Commission also approved a Conditional Use Permit to allow the operation of a Bed and Breakfast at 134 East 4th Avenue. The site is located within the Urban Residential (R-2) Zoning District. Alt CITY OF SHAKOPEE6 INCORPORATED 1870 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612)445.3650 January 22 , 1993 Mr. & Mrs. Dale Thoen 1187 Madison Street Shakopee, MN 55379 Dear Mr. & Mrs. Thoen: Earlier this week, Mr. Tom Steininger, Shakopee Police Chief informed me of an incident that occurred in your neighborhood on January 10, 1993 . Mr. Steininger informed me of the assistance you offered in dealing with a very sensitive and potentially tragic situation. On behalf of the City of Shakopee I want to commend you on your cooperation. I know the Shakopee Police Force appreciated your cooperation. Additionally, I am sure that the family of the individual whose life may have been saved as a result of your actions will be forever greatful. In this day and age of social turmoil, I am always pleased when I hear that there are individuals such as yourselves who are willing • to have their lives infringed upon in the interest of humanity. Your actions serve as an example for others to follow. Sincerely, Gary L. Laurent Mayor CC: Tom Steininger, Shakopee Police Chief Shakopee City Councilmembers The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting February 2 , 1993 1. Roll Call at 8: 00 P.M. 2 . Approval of January 5, 1993 Minutes 3 . First Amendment to Payment Assurance & Security Agreement 4 . Other Business a) b) 5. Adjourn Dennis R. Kraft Executive Director MEMO TO: Dennis R. Kraft, HRA Executive Director FROM: Barry A. Stock, Assistant City Administrator RE: First Amendment to Payment Assurance & Security Agreement DATE: January 28 , 1993 INTRODUCTION: Attached is the first amendment to the Payment Assurance & Security Agreement between Ladbrooke Racing, Canterbury Inc. and the Shakopee Housing and Redevelopment Authority. Staff would like to request the Shakopee HRA to consider a motion authorizing the appropriate City officials to execute said amendment. BACKGROUND: In September of 1992 the Shakopee HRA negotiated an agreement with Ladbrooke Racing, Canterbury Inc. reducing the assessor's market value for Canterbury Downs. This was done through an amendment to the assessment agreement. During the negotiation process the HRA also established a payment assurance & security agreement that provided the Shakopee HRA with a $3 million letter of credit guaranteeing Ladbrooke's payment of taxes through 1995 . On the date of the dateline for submission of the letter of credit, Ladbrooke Racing, Canterbury Inc. requested the Shakopee HRA to consider an amendment to the payment assurance & security agreement that would provide for the return of the letter of credit in the event that a Court of Competent Jurisdiction determined that the agreement was not valid. The actual motion made by the Housing and Redevelopment Authority on October 20, 1992 provided for an amendment to the assessment agreement that would provide for the return of the letter of credit. In retrospect, the motion should have authorized the appropriate City officials to execute an amendment to the payment assurance & security agreement, not the assessment agreement as stated. The City's bond counsel has drafted the appropriate amendment to the payment assurance & security agreement for execution. It would be appropriate at this time to authorize the appropriate Housing and Redevelopment Authority officials to execute the First Amendment to the Payment Assurance & Security Agreement by and between Ladbrooke Racing, Canterbury Inc. and the Shakopee Housing and Redevelopment Authority. ALTERNATIVES: 1. Authorize the appropriate HRA officials to execute the First Amendment to the Payment Assurance & Security Agreement by and between Ladbrooke Racing, Canterbury Inc. and the Shakopee Housing and Redevelopment Authority. 2 . Do not authorize the appropriate HRA officials to execute the First Amendment to the Payment Assurance & Security Agreement. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Authorize the appropriate HRA officials to execute the First Amendment to the Payment Assurance & Security Agreement by and between Ladbrooke Racing, Canterbury Inc. and the Shakopee Housing and Redevelopment Authority. Execution Draft FIRST AMENDMENT TO PAYMENT ASSURANCE AND SECURITY AGREEMENT THIS FIRST AMENDMENT TO PAYMENT ASSURANCE AND SECURITY AGREEMENT, made and entered into as of the 20th day of October, 1992 (the "First Amendment") , by and between Ladbroke Racing Canterbury, Inc., a corporation duly organized and existing under the laws of the State of Delaware having its principal office at 1100 Canterbury Road, Shakopee, Minnesota 55379 ("LRC") , and The Housing And Redevelopment Authority In And For The City of Shakopee, a public corporation of the State of Minnesota, having its principal office at 129 East First Avenue, Shakopee, Minnesota 55379 (the "Authority") ; WITNESSETH THAT, in consideration of the mutual covenants herein contained, the parties hereto recite and agree as follows: Section 1. Recitals . 1.01. LRC and the Authority have entered into a Payment Assurance And Security Agreement dated as of October 13, 1992 (the "Agreement) . Terms capitalized but not defined herein shall have the meanings given to them in the Agreement. 1 .02 . LRC has delivered to the Authority the Letter of Credit as required by Section 2 of the Agreement, on condition that, if the Agreement is declared invalid by a court of competent jurisdiction due to a lack of authority or power of the Authority to enter into the Agreement, upon request by LRC the Authority agrees to return the Letter of Credit to LRC. 1.03. The Authority has agreed to this condition, and the Authority and LRC wish to amend the :Agreement to specifically state this condition in the Agreement by entering into this First Amendment . Section 2. Amendment of Agreement. 2 .01. The Agreement is amended by adding a new Section 2 .04 to read as follows: • "2 .04 . The parties agree that, in the event this Agreement is declared invalid by a court. of competent jurisdiction, due to a lack of authority or power of the Authority to enter into it or the Authority's failure to properly authorize, execute and deliver it, within three (3); business days after receipt by the Authority of written request from LRC to return the Letter of Credit to LRC or the bank which issued it, the Authority shall return the Letter of Credit to LRC or such bank. No draw made under the Letter of Credit prior to receipt of such notice which is in accordance with Section 2.03 shall be invalidated or otherwise deemed unauthorized or improper, and the provisions of Section 3 shall continue to govern the application of such draw and the Authority's rights and obligations with respect thereto, notwithstanding the fact that this Agreement has been declared invalid. " • • 2.02. Except as specifically amended in Section 2.01, the Agreement shall be and remain in full force and effect. IN WITNESS WHEREOF, LRC has caused this First Amendment to be executed in its corporate name by its duly authorized officer; and the Authority has caused this First Amendment to be executed in its name by its duly authorized officers, all as of the date first above written. LADBROKE RACING CANTERBURY, INC. By r Its i), GA--2 THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE By Its Chairman And Its Executive Director -2- #-C/a. SCOTT COUNTY HOUSING & REDEVELOPMENT AUTHORITY 16049 FRANKLIN TRAIL S.E.#104 • PRIOR LAKE, MINNESOTA 55372 ■ (612) 447-8875 January 29 , 1993 Dennis Kraft City Administrator Shakopee City Hall 129 1st Avenue E. Shakopee MN 55379 RE: Proposed H.R.A. Meeting Dear Dennis: Please accept this letter requesting an informal meeting with the Shakopee H.R.A. to discuss general housing issues and to explore ways that the county H.R.A. and city could work together to address these needs. In closing, I thank you for your consideration of this request and I await your reply. Sincerely, // W: ' iam I . Jaffa E•ecutive Director WIJ:ps MAYNARD HARMS,BELLE PLAINE, DISTRICT I GUE, ICT II RA MAR OR E HENDERSON SHMARIETTA SHARKEY, NEW AKOPEE,DISTRICT IIIHMARY BETH ONKKA, PRIOR LAKE,DISTRICT IV 0© ' SYLVESTER WACKER,SAVAGE,DISTRICT V EQUAL MOUSING OPPORTUNITY Scott County An Equal Opportunity I AffirmativeAction Employer OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REG. ADJ. SESSION SHAKOPEE, MINNESOTA DECEMBER 15, 1992 Mayor Laurent called the meeting to order at 7:00 p.m. with Councilmembers Lynch, Sweeney, Beard and Vierling present. Also present were Dennis Kraft, City Administrator; Barry Stock, Assistant City Administrator; Karen Marty, City Attorney; Judith Cox, City Clerk; Lindberg Ekola, City Planner; and Dave Hutton, Public Work Director/City Engineer. Mayor Laurent added to the agenda 13c, Use of Gasoline Pumps, and 13d, Release of a Check for School Registration. Mr. Kraft added 13e, LGA Update and 13f, Logo Presentation. Cncl. Beard added 13g, Railroad Crossing Blockings. Sweeney/Beard moved to approve the agenda as changed. Motion carried unanimously. Mayor Laurent recessed the City Council meeting for an HRA meeting and reconvened at 7 : 05 p.m. Liaison reports were given by the Councilmembers. There was no Mayor's report. Mayor Laurent recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. Beard/Vierling moved to approve the consent business with the addition of 10b, West End Addition, and lip, Disposition of SCR Assets; and the deletion of llj , Wetlands Act of 1991; llq, Hiring of Outside Counsel; and 12j , New Licensing for Tattooing Establishments. Motion carried unanimously. Beard/Vierling moved to approve the minutes of the November 10th and 17th, 1992 . (Motion approved under consent business. ) Mayor Laurent opened the public hearing on the vacation of the Northerly eight feet of the remaining alley, lying South of Lots 6,7,8 &9, Block 42, Shakopee Plat. Mr. Ekola gave a brief summary of the need to vacate the alley. Mr. Ekola stated that in September, 1991, the Board of Adjustments and Appeals granted a variance to the minimum lot size requirements for the applicants Nancy Lee and Patrick Blood to allow for construction on their property. It was thought that the entire alley had been vacated in 1968. However, recently it was found that only the Western portion had been vacated in 1968 . The property also has many electrical wires and a gas main on it. Mr. Ekola suggested that Council follow staff's advice to use Alternative #1 which involves the vacation of the North half of the existing block while retaining a utility easement and adding a drainage easement on the North half of the alley. Cncl. Beard wondered whether the addition of the drainage easement would effect the applicant's property. Mr. Ekola admitted not Official Proceedings of the December 15, 1992 Shakopee City Council Page -2- having talked to the applicants about this yet. However, he stated that typically with subdivisions, drainage easements are required around the lots. Mr. Kevin O'Brien, Greystone Construction, wanted to know further what the drainage easement entailed. Mr. Hutton stated that the easement for the utilities would be the same easement just adding drainage to the title and it does not change the width or the plans for grading or fencing. Mr. Larry Thornton, 725 4th Avenue, wondered whether the tree line would remain or if that would be removed. Mr. Ekola illustrated on the photographs of the property that the tree line is on Mr. Thornton's property and would remain. Mayor Laurent closed the public hearing. Sweeney/Lynch offered Resolution No. 3716, A Resolution Vacating the Northerly Eight Feet of the Remaining Alley, Lying South of Lot 6, Lot 7, Lot 8 , and Lot 9 , Block 42 , Shakopee Plat, and moved its adoption. Motion carried unanimously. Mayor Laurent opened the public hearing on the vacation of a portion of the utility easement within vacated Clay Street between 3rd and 4th Avenues. Mr. Ekola stated that the street right-of-way on Clay Street was vacated in 1968 with easement rights retained. There are many utilities located on the Western side of the easement. The vacation of the Easterly 30 feet will not effect existing utilities. Cncl. Sweeney wanted to know where the placement of the Rahr forcemain would be. Mr. Hutton stated that it would be on Webster Street. Mayor Laurent asked if there were any questions from the audience. Mr. Cletus Link, 1216 Jefferson Street, wanted Council to understand that the request was being made because of the new addition to the existing bus garage and that a holding tank would be in the easement. Mayor Laurent closed the public hearing. Beard/Vierling offered Resolution No. 3717, A Resolution Vacating the Northerly 140 Feet of the Easterly 30 Feet of the Utility Easement Within the Vacated Portion of Clay Street between Block 41 and Block 42 , Shakopee Plat, and moved its adoption. Motion carried unanimously. Mr. Ekola stated that Mr. Leroy Menke applied for approval of the Final Planned Unit Development Plan. Mr. Ekola stated that the Official Proceedings of the December 15, 1992 Shakopee City Council Page -3- Planning Commission recommended approval of this final PUD subject to 22 conditions. Staff had made a change in condition 19 in order to allow for a recreation center to be constructed on Outlot A with no other building permits to be released for Outlots. Cncl. Beard wondered what happened to the cul-de-sac on the West side of the development. Mr. Ekola stated that the width of the street was being narrowed to 25 feet which makes it a private driveway instead of a public street. The cul-de-sac is being taken out to put in a T road and the buildings are being tipped down to allow for more open space. Mayor Laurent asked where the recreation center would be. Mr. Ekola said it would be located in the Southeast corner and floor plans have been drawn up. Mr. Ekola stated that the time to talk about the recreation center further would be when the park dedication requirements were discussed. Mayor Laurent questioned why the staff report mentioned percolation rates . Mr. Hutton stated that the Building Department just wanted to identify the soil types. Mayor Laurent wondered whether there were any landscape plans. Mr. Ekola stated there were and it was recommended by staff to allow for one tree every 50 feet and around the perimeter of the project in addition to the coniferous trees 15-19 along the East boundary of the PUD. Sweeney/Beard offered Resolution No. 3718,A Resolution Approving the Final Development Plan for the Planned Unit Development for Milwaukee Manor, and moved its adoption. Motion carried unanimously. Beard/Vierling moved to grant the developer of West End Addition an additional 365 days in which to file the Final Plat with Scott County. (Motion carried under consent business. ) Beard/Vierling moved to approve the application and grant an On Sale Non-Intoxicating Malt Liquor License to Sene's Inc. dba Imperial Wok Chinese Restaurant for a period starting December 16, 1992 and terminating June 30, 1993 . Motion carried under consent business. ) Beard/Vierling moved to authorize the appropriate City officials to execute the Electrical Consultant Contract with Mr. Terry Krominga for calendar year 1993 . (Motion carried under consent business. ) Beard/Vierling moved to authorize purchase and installation of a Motorola Spectra A-3 Mobile Radio for the Police Chief's car at a cost not to exceed $1, 400. 00. (Motion carried under consent business. ) Official Proceedings of the December 15, 1992 Shakopee City Council Page -4- Beard/Vierling moved to approve the application from Ms. Alice Fehring, 635 East 3rd Avenue, and grant deferment of special assessments to parcel $27-004-018-0 for the 1991-3 2nd Avenue Public Improvements, pursuant to the conditions outlined in Section 2 .82 of the City Code. (Motion carried under consent business. ) Beard/Vierling moved to authorize the appropriate City officials to enter into an agreement with Shakopee Towing to tow and store vehicles for a two year period commencing January 1, 1993 . (Motion carried under consent business. ) Beard/Vierling moved to authorize the purchase of a mid-size police squad from Farmington Ford in the - amount of $12, 815. 00 in accordance with the Hennepin County Purchasing Cooperative Bid. (Motion carried under consent business. ) Beard/Vierling moved to authorize the Finance Director to execute the documents requesting coverage for the 1993 workers compensation insurance from the League of Minnesota Cities Insurance Trust and disburse the deposit premium in the amount of $89, 860. (Motion carried under consent business. ) Beard/Vierling moved to direct staff to contact the Scott County Personnel Department to advertise for the following 1993 budgeted Public Works Department positions: Maintenance Worker, Mechanics Assistant, Engineering Technician and Civil Engineer. (Motion carried under consent business. ) Discussion ensued on the Wetlands Replacement Agreement regarding the County Road 78 Project. Mr. Hutton explained that the agreement is between the City, County and Jackson Township. He said that Jackson Township has not yet signed the agreement. Mr. Hutton explained that he met with Mr. Theis in the regular Shakopee Basin WMO meeting, and the reason that he had not signed the document is because the law specifically states that the LGU Engineer must sign it and the Township does not have an Engineer. Mr. Theis was going to take this issue to the Jackson Township Board to see what could be done. Mr. Theis does approve of the plan. Mr. Hutton stated that the only issue still being discussed is whether or not the pond should be lined or not. There was a recommendation to line the pond with clay. Cncl. Sweeney suggested to table this item until finding out whether an engineer would sign or whether other potential problems could arise. Mr. Hutton stated that there would not be a problem with tabling it or directing staff to sign it upon verification that Jackson Township has signed it. The County is requesting approval from Jackson Township and the City of Shakopee. Official Proceedings of the December 15, 1992 Shakopee City Council Page -5- Sweeney/Vierling moved to authorize the execution of the Wetland Replacement Agreement for the Scott County Highway 78 Project. (Project No. 89-78-01) when Jackson Township has finalized their approval. Motion carried unanimously. Mr. Albinson expressed his concern about the proposed rules prepared by the State of Minnesota Board of Water and Soil Resources for implementation of the Wetlands Conservation Act of 1991 and the City supporting the creation of a Technical Evaluation Panel only for advisory purposes to the City Council. Mr. Albinson felt this panel would not give the developer an opportunity to come to a higher authority for further action. Cncl. Sweeney stated that this panel should only be advisory to the Council, because the Council is set up to make decisions and therefore, the panel should not be allowed to make the final decision. Mayor Laurent stated that he felt the advisory panel would be a help to the developer in that if the panel made a decision one way the developer could bring it in front of the City Council to review and look at and possibly change the panel's suggestions. Mr. Hutton informed Council that he would be the City representative on the panel. He also expressed concern with the language in the panel's report stating in effect that the panel would be the decision makers. Mr. Hutton also said that there is an appeal process for developers if the City Council does not abide by the Technical Panels's recommendation which would be made to the Board of Water & Soil Resources. Vierling/Lynch moved to direct the appropriate City staff to prepare and submit written comments to the State Board of Water and Soil Resources regarding the City of Shakopee's position on the permanent wetlands rules. Motion carried unanimously. Beard/Vierling moved to approve the bills in the amount of $1, 572 , 129. 55. (Motion carried under consent business. ) Vierling/Beard moved to authorize the appropriate City officials to obtain an appraisal for Lots 3 and 4, Block 24, Original Shakopee Plat, to be funded from the Capital Improvement Fund at a cost not to exceed $1, 000.00. Cncl. Beard wondered if Staff could investigate whether the City would be obtaining 20-30 spaces of on-street parking when the next phase of the downtown project is compete. Cncl. Sweeney wanted to know if the people who last year were interested in the long distance calling service were still looking into buying the property behind the telephone building and trading the other property with the City. Mr. Stock informed Council that this project had fallen through. Official Proceedings of the December 15, 1992 Shakopee City Council Page -6- Motion carried unanimously. Beard/Vierling moved to authorize the appropriate City officials to enter into a preventative maintenance service agreement with Owens Service Corporation for the City Hall facility located at 129 South Holmes Street. (Motion carried under consent business. ) Beard/Vierling moved to approve the St. Francis Ambulance Agreement for the provision of ambulance service for the period from July 1, 1992 through June 30, 1995; and authorized the appropriate City officials to execute the agreement. (Motion carried under consent business. ) Beard/Vierling moved to direct the payment of $125, 566 . 00 to FMG for tax increment reimbursement under the terms of the tax increment financing plan. (Motion carried under consent business. ) Beard/Vierling moved to authorize the City Administrator to offer the park building by the Junior High to ISD 720 in exchange for its interest in the assest of the former Shakopee Community Recreation program. (Motion carried under consent business. ) Cncl. Sweeney was concerned that the attorney was spending a lot of time doing prosecutions. He suggested putting this on the next Committee of the Whole agenda and discuss alternatives for rational use of the City Attorney's time and skills. Sweeney/Beard moved to adopt the procedure for hiring outside counsel, as suggested, pending the Committee of the Whole meeting for further discussion. (CC Doc#199) Mr. Kraft suggested putting it on the calendar for January 12th. Mr. Kraft explained to the public that Council would like to hire outside counsel for the purpose of handling the appeal assessments on the 2nd Avenue Project. He stated that there have been many appeals and the Attorney does not have the amount of time to spend on each individual case that is necessary. Mr. Kraft also said that the County has stopped prosecuting gross misdemeanors and so that is now the responsibility of the City Attorney. Motion carried unanimously. Beard/Vierling offered Resolution No. 3715, A Resolution Setting Fees for the City Licenses, Permits, Services and Documents, and moved its adoption. (Motion carried under consent business. ) Beard/Vierling offered Resolution No. 3726, A Resolution Amending Resolution No. 3496 Adopting the 1992 Budget, and moved its adoption. (Motion carried under consent business. ) Beard/Vierling moved to transfer $552 , 000. 00 from the General Fund to the Capital Improvement Fund. (Motion carried under consent business. ) Official Proceedings of the December 15, 1992 Shakopee City Council Page -7- Beard/Sweeney moved to remove item 12c, Ord. No. 349 , Extending the Lodging Tax for an Additional Three Years, from the table. Motion carried unanimously. Sweeney/Beard offered Ordinance No. 349, An Ordinance Amending City Code Chapter 6, Other Business Regulations and Licensing, Section 6 . 44 , Lodging Tax, By Extending the Termination Date in Subd. 6 , and moved its adoption. Motion carried unanimously. Beard/Vierling offered Ordinance No. 351, An ordinance of the City of Shakopee, Minnesota, Correcting Ordinance No. 322 , Extending an Interim Official Map for Certain Land Located Generally North of the South City Limits; West of Spencer Street, South of 10th Avenue; and East of Apgar Street, and moved its adoption. (Motion carried under consent business. ) Cncl. Sweeney commented on public improvement projects: 1) If another 6 block project on 4th Avenue is ordered, it will affect the debt service levy limitations. 2) Some projects would result in additional assessments to people who were assessed last year in connection with the 2nd Avenue project. 3) Cncl. Sweeney wondered how pressing the Naumkeag Street project was and if it could be put off. Mr. Hutton commented that if the projects keep being put off then they become bigger problems which gets the City into the debt service problem which is what happened on the 2nd Avenue project. Mr. Hutton stated that the sewer would not be assessed and would come out of the City's sewer fund. The street is scheduled for County overlay before it is turned over to Shakopee. Vierling/Beard offered Resolution No. 3721, A Resolution Ordering the Preparation of a Report on an Improvement to Spencer Street, Between 1st Avenue and 9th Avenue and 8th Avenue, Between Atwood Street and Spencer Street, and moved its adoption. Motion carried unanimously. Vierling/Lynch offered Resolution No. 3722 , A Resolution Ordering the Preparation of a Report on an Improvement to Fillmore Street, 3rd Avenue to 4th Avenue; Naumkeag Street, 2nd Avenue to 4th Avenue; and Atwood Street, 4th Avenue to 5th Avenue, and moved its adoption. Motion carried unanimously. Vierling/Lynch offered Resolution No. 3723 , A Resolution Ordering the Preparation of a Report on an Improvement to 4th Avenue, Fillmore to Naumkeag Street, and moved its adoption. Mayor Laurent wondered if Council should not treat this as a State Aid Highway because it is a County street and people who live on County streets do not have to pay for assessments. Official Proceedings of the December 15, 1992 Shakopee City Council Page -8- Mr. Hutton stated that the County does not charge the City for roads in the country, except in the case of curb, gutters, sidewalks and other things of this nature. Mr. Hutton said that the County pays for the center 24 feet of the street and the City pays the rest. Mayor Laurent suggested that staff research the County policy assessing County State Aid Streets. Motion carried unanimously. Mr. Hutton raised the question whether Council wanted staff to do anything on the issue of jurisdictional change on 4th Avenue. Cncl. Sweeney suggested waiting to find out what the County position was first. Cncl. Sweeney questioned why Council has not vacated the blocks of Atwood and 5th Avenue for additional parking, if this was because the County was not interested in the existing St. Francis Hospital facility. Mr. Hutton stated that was his understanding of it. Beard/Vierling offered Resolution No. 3724, A Resolution Accepting Work on the Pavement Preservation Cracksealing Project No. 1992-8, and moved its adoption. (Motion carried under consent business. ) Beard/Vierling offered Resolution No. 3725, A Resolution Accepting Work on the Pavement Preservation Overlay Project No. 1990-10B, and moved its adoption. (Motion carried under consent business. ) Cncl. Sweeney brought to the attention of Council the wording of Ordinance No. 352, page 4, paragraph L, "No person shall be granted a license under this chapter who is not of good moral character and free from communicable disease. " Cncl. Sweeney asked that this be removed or restated. Ms. Marty suggested deleting paragraph L completely. Sweeney/Vierling offered Ordinance No. 352, An Ordinance Amending City Code Chapter 6, Other Business Regulation and Licensing, by Adding Eight New Sections Relating to Tattooing, and Amending Sec 6. 99 to Allow Some Violations to be a Misdemeanor, with paragraph L. deleted, and moved its adoption. Motion carried unanimously. Mr. Kraft informed Council that the budget that was set up for the new City Hall remodeling was still being adhered to. Mr. Kraft stated that the new City Hall should be done by early February. Beard/Lynch moved to direct the disbursement of $160, 395. 00 to ISD 720 for settlement of tax increment generated by the school referendum and to notify ISD 720 that the City will not need to retain TIF funds generated by the school referendum in 1993. Motion carried unanimously. Official Proceedings of the December 15, 1992 Shakopee City Council Page -9- Mr. Kraft informed Council that another governmental Regional Environmental group would like to use the City gas pumps. They would reimburse the City 100%. Mr. Hutton stated that it is proposed to put in the automated card system next year, right now we are using keys. Mr. Hutton stated that the meters are read once a week and a log is kept. He suggested that since the City is not making money on this that the log being kept should determine how much the school, and each department, pays for gas. Cncl. Beard asked whether this fuel is devoid of State/Federal tax. Mr. Hutton stated that the City is paying tax on it, but that it is cheaper than going to SA. Lynch/Beard moved to authorize the City Administrator to enter into contracts with other government agencies for the use and reimbursement of fuel pumped through the City's refueling facility. Motion carried unanimously. Mr. Kraft asked the Council to approve a check to secure a school registration for an officer in the event the application for the school is accepted. Cncl. Sweeney wondered how long the Deputy Chief would be gone. Mr. Kraft stated he would be gone for 12 weeks for the training. Mr. Kraft stated that this item had to come before Council at this meeting because otherwise the money would all come from the 1993 budget and not 1992 . It is preferred that it comes partially from both budgets. Mr. Kraft said that training is common for other cities and the Deputy Chief's wages and expenses would be paid for by the City. Vierling/Beard moved to approve the disbursement of $1, 500. 00 to the Southern Police Institute, University of Louisville for the registration of the Deputy Chief. Motion carried unanimously. Mr. Kraft stated that he would provide the Council with more information at the next meeting and that he would not send the check if the registration could not be canceled. Mr. Kraft informed Council that the State of Minnesota received higher than expected sales tax revenues. The State is passing some of the revenue back to City's in the form of increased LGA payment for 1992 . He noted that the City of Shakopee will receive an additional $12, 167 . 00. Mr. Kraft stated this money would come in as anticipated revenue and go into the year-end fund balance and be available for 1993 . Mr. Stock presented Council with five logo options. Mayor Laurent suggested using some kind of Indian heritage in the logo. Ms. Marty stated this may not be a good idea for legal purposes. Official Proceedings of the December 15, 1992 Shakopee City Council Page -10- Cncl. Lynch suggested softening up the logo and expressed some concern about the church in the background. Cncl. Sweeney suggested putting a bridge crossing the river in the background instead of the church. Mayor Laurent suggested they come back with some new ideas following up on the bridge concept. Cncl. Beard asked to have staff prepare an ordinance for the amount of time a street rail crossing can be blocked by a train on a continuous basis and suggested a $1, 000 a minute violation for exceeded time. Ms. Marty stated there was an ordinance and it's five minutes. Cncl. Sweeney stated that this could be enforced by police stopping the train and giving them a ticket, it would be treated like a speeding ticket. It was recommended to staff to look into this matter and prepare an ordinance pertaining to this matter. Mr. Hutton stated that the Hockey Association is proposing to maintain the ice rink at Lion's Park for practice purposes. Mayor Lau en adjourned the meeting to 9 : 00 p.m. • qL f��u ith S. Cox �Ci y Clerk Debra Zabel Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA JANUARY 19 , 1993 Mayor Laurent called the meeting to order at 7 : 06 p.m. with Cncl . Vierling, Lynch, Beard and Sweeney present. Also present: Dennis R. Kraft, City Administrator; Barry Stock, Assistant City Administrator; Dave Hutton, Public Works Director; Lindberg Ekola, City Planner; and Judith S. Cox, City Clerk. Mayor Laurent read the City's Non-Discrimination Policy. Councilmembers made changes to the agenda as follows: 14b) Authorizing the appropriate City officials to enter into an agreement with the law firm of Holmes and Graven for the purpose of representing the City at the temporary restraining order hearing on January 28, 1993 regarding the MPRS lawsuit. Beard/Vierling moved to approve the agenda as changed. Motion carried unanimously. Liaison reports were given by the Councilmembers. Mayor Laurent gave the Mayor's report. Mayor Laurent asked for comments from anyone in the audience wishing to speak on any item not on the agenda. There was no response. The following items were added to consent approval: 11a) 1993 Planning Commission Work Program, llb) Planned Unit Development Application Packet, 12o) Changing of Hours of Employees. The following items were deleted from consent approval: 9a) Clifford McCann regarding vacancies on watershed districts, 13a) Resolution No. 3730 - Appointments to Boards & Commissions. Beard/Vierling moved to approve the consent business as modified. Motion carried unanimously. Cncl. Lynch was concerned if the vacancies on the watershed districts would be advertised or if the current members would be re-appointed. Discussion was held on past procedure. Beard/Sweeney moved to recommend to the Scott County Board of Commissioners the appointment of Jim Kephart to the Lower Minnesota River Watershed District. Motion carried unanimously. Mayor Laurent suggested to have the appropriate City officials check to make sure the procedure was followed. Beard/Vierling moved to approve the 1993 Planning Commission Work Program as recommended. (Motion carried under consent business. ) Official Proceedings of the January 19, 1993 Shakopee City Council Page -2- Beard/Vierling motioned to adopt the complete PUD submittal policy based upon the requirements established in the Application Packets. (Motion carried under consent business. ) Mr. Ekola gave a presentation on the CR-18 EAW (Environmental Assessment Worksheet) . Mr. Ekola asked Council for questions and comments on this project which would be delivered to the Scott County Highway Department no later than February 3rd. Mayor Laurent questioned whether CR-18 was going to become a 4 lane all along. Mr. Hutton stated that long-term plans are to build 21 to 4 lanes, but because of the expense, CR-18 is being built to 4 lanes at this time. The plans, so far, have been to widen 42 to 4 lanes and widen CR-18 to make the interchange. The County has stated that CR-18 would be 4 lane in their past records, however, they did not know whether CR-21 or CR-18 would be the first one built. Cncl. Sweeney commented on item 6, Paragraph 25, impacts of noise. He thought the noise impact on the future land uses was unpredictable at this time and requesting additional information may build up tremendous consulting bills. Mr. Hutton stated that they have not met the State standards for noise control and this paragraph is to bring it to the County's attention. Cncl. Beard suggested not mentioning the noise control standards at all, and to leave it up to another agency. Mr. Hutton stated that this EAW was prepared on a 2 lane being built, however, now the plan is to build 4 lanes and suggested that these questions/comments be revised for the 4 lane road. Cncl. Beard wondered about the 45 mile per hour speed limit. Mr. Ekola stated County Road 16 and 42 would be 45 miles per hour and North of 16 would be 55 miles per hour. Sweeney/Beard moved to restrict Council's comments on the CR-18 Environmental Assessment Worksheet (EAW) to those appropriate to suggesting that the EAW be brought up to the described project that's being constructed and to encourage this project being done before the bridge. Motion carried unanimously. Beard/Vierling moved to approve bills in the amount of $2 , 328 , 228 . 78 ($1, 789 , 540. 95 in debt service payments) . (Motion carried under consent business. ) Beard/Vierling moved to authorize the purchase of a full size police squad from Superior Ford in the amount of $13 , 484 . 00 in accordance with the state contract and to authorize the Finance Director to execute the application to join the State Cooperative Purchasing Venture and remit the $350 . 00 fee. (Motion carried under consent business. ) Official Proceedings of the January 19, 1993 Shakopee City Council Page -3- Mr. Hutton stated the members of Council have expressed a desire to adopt uniform procedures for the acquisition of right-of- way/easement. Cncl. Sweeney stated two points: 1) Any threat of condemnation takes away discussion of sweetheart deals; and 2) There are serious tax advantages to owners if the transaction involves condemnation, because it's involuntary conversion. Discussion followed. Consensus of Council was for staff to obtain appraisals and try and negotiate a sale when the City desires to acquire property, advising the property owner that it is the City's intent to condemn the property if negotiations are unsuccessful. Mr. Hutton explained the results of determining the Foothill Trail storm drainage ditch in relation to the easement as suggested by Council. He stated that the 30 foot wide ditch, or half, is outside the easement. To move this ditch over into the easement there are two options: 1) Move the ditch and culverts over to the center of the easement, which would cost about $33 , 000 2) Move the easement over the ditch, which would require property acquisition Beard/Vierling moved to direct staff to prepare the plans and specifications for relocating the Foothill Trail ditch into the drainage easement and authorize the solicitation of bids for accomplishing this work. Further discussion was held and Council asked Staff to look into the cost of acquiring additional easements for the ditch. Sweeney/Beard moved to table the motion pending the additional information requested by Council. Motion carried unanimously. Beard/Vierling moved to authorize approval of Pay Estimate No. 10 for the Second Avenue Project 1991-3 in the amount of $93 , 058 . 27 to Barbarrossa & Sons, Inc. Osseo, MN 55369 . (Motion carried under consent business. ) Cncl . Sweeney advised Staff to look into the possibility of suing the railroad for $60, 221. 33 , plus attorney's fees and punitive damages because of their delay in installing the railroad crossing causing the City additional costs. Mr. Hutton further commented that the City had finished these streets, but they had to be redone because of the railroad crossings. Official Proceedings of the January 19, 1993 Shakopee City Council Page -4- Beard/Vierling 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, 1992 through December 31, 1992 . (Motion carried under consent business. ) Beard/Vierling moved to authorize the appropriate City officials to execute the proposed Labor Agreement between Teamsters Local 320, Police Sergeants, and the City of Shakopee effective January 1, 1992 through December 31, 1992 . (Motion carried under consent business. ) Beard/Vierling moved to authorize the appropriate City staff to expend up to $10, 000. 00 out of the Sanitary Sewer Fund for placing rip rap around the exposed sanitary sewer manhole on the River Interceptor. (Motion carried under consent business. ) Mr. Hutton stated that Council discussed a petition in August regarding traffic in the area of Apgar to Atwood and between 2nd and 3rd Avenues. He continued, the petition requested installation of 4-way stop signs on 3rd Avenue and that designated truck routes be installed. Mr. Hutton stated there were two issues for discussion: 1) Put in 4 way stop signs in Third Avenue; and Third and Apgar. However, the 4 way stop signs do not meet the Manual of Uniform Traffic Control Devices (MUTCD) criteria. 2) Whether or not the streets in this vicinity should be designated as truck routes. Staff put together a map showing the routes and had further discussion on the residential area of Shakopee for truck usage. Cncl. Sweeney suggested denying truck traffic on 12th Avenue to the mall and using Highway 169 and using the old truck stop road to access the back of the mall. Mr. Hutton stated this could be done, however, the road would not have a specific sign stating the route since it is a private driveway and not a City street. Cncl. Sweeney also brought up Spencer, Fuller and Atwood because these streets would access the mini bypass. Mr. Hutton informed Council that Spencer was a State Aid designated street and truck route, but felt the truck route would move over to Fuller from Holmes Street once the bypass was done. Mr. Hutton also stated that rural vehicles coming up CR-15 and CR- 77 to get to First Avenue would use Apgar and CR-15. Official Proceedings of the January 19 , 1993 Shakopee City Council Page -5- Sweeney/Vierling moved to install additional stop signs at the intersections of Atwood Street, Scott Street and Apgar Street with 3rd Avenue. Motion failed unanimously. Sweeney/Beard moved to direct staff to prepare a City Code amendment to Section 8 . 02 to include the designated truck routes and to install the appropriate signage. Motion carried unanimously. Further discussion was held with concern about UPS trucks, oil delivery trucks or any trucks over 1/2 ton capacity. Mr. Hutton stated that Staff was already looking into this and changes would be made. Mr. Hutton informed Council that Ms. Marty and himself had gone over the special assessment policy and amendments and re-organized and made changes to clean up the policy. Mr. Hutton reviewed recent changes made by Council incorporated into the new policy. Discussion followed. Sweeney/Lynch offered Resolution No. 3735, A Resolution Establishing Policies Regarding the Making of Public Improvement Projects and the Levying of Special Assessments, and moved its adoption. Motion carried unanimously. Beard/Vierling moved to authorize the appropriate City officials to enter into an agreement with Gazda Mayflower for relocation services associated with the upcoming City Hall move. (Motion carried under consent business. ) Mr. Stock clarified a few points in regard to the 1993 non union pay plan: 1) The fire fighter pay schedule and elected officials pay schedule does not include a 3% increase; 2) When the Deputy Chief was promoted he lost 100. 1 hours of sick leave. Staff is recommending to reinstate the sick leave lost. Discussion followed. Sweeney/Lynch moved to amend Resolution No. 3736, A Resolution Adopting the 1993 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee, By Removing Item 7 From the Pay Plan Notes, which would reinstate 100. 1 hours of sick leave for the Deputy Police Chief. Motion carried with Cncl. Vierling and Cncl. Beard opposing. Cncl. Vierling cited that this was part of the compensation package and the Deputy Police Chief relied on getting it and now it is being taken away. Mr. Stock informed Council that the Chief had looked at past practice and assumed that it would remain. Beard/Sweeney moved to offer Resolution No. 3736 , as amended, A Resolution Adopting the 1993 Pay Schedule for the Official Proceedings of the January 19 , 1993 Shakopee City Council Page -6- Officers and Non-Union Employees of the City of Shakopee, and moved its adoption. Motion carried unanimously. Beard/Vierling moved to approve partial payment in the amount $1, 944 . 16 to All Brands Communications. (Motion carried under consent business. ) Beard/Vierling moved to authorize the City Administrator to adjust hours of employees in order to meet existing or anticipated workloads and in a manner consistent with the officially adopted City budget or other City Council directives. (Motion carried under consent business. ) Cncl. Sweeney proposed, since the Community Youth Building Committee had no applicants, to combine their duties with the Park and Recreation Advisory Board. Mr. Stock commented that this had been discussed at the Recreation Board meetings and they recommended broadening the criteria for people who could serve on that committee. Mr. Stock suggested two options: 1) Direct Staff to prepare the appropriate resolution to consolidate the duties under a Park and Recreation Advisory Board; 2) Refer the item back to the Park and Recreation Advisory Board for a recommendation which would allow more public input. Sweeney/Beard offered Resolution No. 3730, A Resolution Appointing Individuals to Various Boards and Commissions, and moved its adoption. Motion carried unanimously. Sweeney/Lynch moved to direct Staff to take to the Park and Recreation Advisory Board the proposal of eliminating the Shakopee Youth Building Committee as a separate committee. Motion carried unanimously. Beard/Vierling offered Resolution No. 3731, A Resolution Receiving a Report and Calling a Hearing on an Improvement to Webster Street, 6th Avenue to 3rd Avenue, Project No. 1993-4 , and moved its adoption. (Motion carried under consent business. ) Beard/Vierling offered Resolution No. 3732 , A Resolution Receiving a Report and Calling a Hearing on an Improvement to the Alley Located Between Market Street and Outlot A of Eastview Addition (Blocks 309, 314 , and 317 of Wermerskirchen's Addition) and Minnesota Street/Dakota Street from 7th Avenue North the Alley, Project No. 1993-5, and moved its adoption. (Motion carried under consent business. ) Beard/Vierling offered Resolution No. 3733 , A Resolution Restricting Parking on County State Aid Highway 17 Between the Shakopee Bypass and 10th Avenue, S.P. 7005-54 , S.A.P. 70-617-12 and Official Proceedings of the January 19, 1993 Shakopee City Council Page -7- C.P. 90-8308, and moved its adoption. (Motion carried under consent business. ) Beard/Vierling offered Resolution No. 3734 , a resolution accepting work on 3rd Avenue between Spencer Street and Shumway Street; Scott Street, between 2nd Avenue and 4th Avenue; and Atwood, Fuller, Lewis, Sommerville and Spencer Streets between 3rd and 4th Avenue, Project No. 1989-5 and moved its adoption. (Motion carried under consent business. ) Mr. Kraft stated the only topic to be discussed at the Committee of the Whole Meeting on January 26th is the Food and Beverage Tax and therefore a separate meeting for just one item was not necessary. The January 26th meeting of the Committee of the Whole was postponed to a later date. Sweeney/Lynch moved to direct Staff to enter into a contract with Holmes and Graven relating to the temporary restraining order involving the Minnesota Police Recruitment System (MPRS) . Motion carried unanimously. Mayor Laurent adjourned the City Council meeting to February 2 , 1993 at 8 : 00 p.m. The meeting adjourned at 9 : 22 p.m. 619C Juith S. Cox City Clerk Debra Zabel Recording Secretary nrY\11 (.77r,UT MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Request for Extension of Time to Record the Final Plat for Market Place with the Scott County Recorder's Office DATE: January 22 , 1993 INTRODUCTION: The City has received a request from Mr. David Rutt to extend the 180 day time period for filing of a Final Plat after approval of the plat by the City Council. The applicant is requesting an extension of an additional 180 days in which to file the plat because he has not yet received proper title to the property. The City Code states that if a plat is not filed within 180 days after approval by the Council, the Council may rescind its approval. BACKGROUND: On August 18, 1992 , the City Council approved the Final Plat for Market Place. City Code Section 12 . 03 , Subd. 4 .F states, "If the plat is not filed within 180 days after approval by the Council, the Council may rescind its approval and shall notify the Scott County Recorder / Register of Titles" . The City Code does not list criteria for determining whether the time period for recording of a plat should or should not be extended. In the past, the City has made the determination on the basis of changes that have occurred relating to the plat which may necessitate the City reviewing the plat again. There are no changes being made to the final plat itself. In addition, City Staff is not aware of any changes that have occurred in the area of the proposed plat that would necessitate a new review and approval of the plat by the City at this time. ALTERNATIVES: 1. Offer and pass a motion extending the 180 day time period for recording of the Final Plat for Market Place by an additional 180 days. 2 . Offer and pass a motion extending the 180 day time period for recording of the Final Plat for Market Place by a shorter period of time. 3 . Offer and pass a motion denying the request to extend the 180 day time period for the developer to file the Final Plat for Market Place and require the developer to resubmit the plat for approval by the City. STAFF RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer a motion granting the developer of Market Place an additional 180 days in which to file the Final Plat with the Scott County Recorder's Office, and move its approval. EXHIBIT A 1/21/93 City of Shakopee , 129 East First Avenue Shakopee , Minn. 55379 RE: Market Place I would like to extend the time for recording the plat , if possible six months . I have not received proper title for the property yet . Sincerel , 44/ David Rutt MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Amending Condition No. 3 From Resolution No. 3650 Final Plat For Maple Trails Estates 1st Addition DATE: January 27, 1993 INTRODUCTION: At the January 7 , 1993 meeting the Planning Commission passed a motion recommending that Condition 3 from Resolution No. 3650 for the final plat of Maple Trails Estates 1st Addition be amended to allow a building permit for the proposed church on Lot 1, Block 2 be released before the construction of streets in the subdivision. The subdivision is located east of CR 17 and north of CR 42 (See Exhibits A and B) . BACKGROUND: Condition No. 3 limits the release of building permits within the Maple Trails subdivision until after Wood Duck Trail and Hohenstein Court are dedicated and constructed. Exhibit C is a copy of Resolution No. 3650. Although the streets will be dedicated when the plat is recorded, they will not be constructed until the summer of 1993 . On January 7 , 1993 , the Planning Commission approved the Conditional Use Permit for the Cross of Peace Lutheran Church on Lot 1, Block 2 of Maple Trails Estates 1st Addition. The applicants for the church are requesting to begin construction of the church prior to the construction of streets in the Maple Trails subdivision. The church group would like to start construction sometime in April or May of this year. The late spring construction start would allow the church to be completed by the 1993 Christmas season. DISCUSSION: The purpose for Condition 3 from Resolution No. 3650 was intended to limit the release of building permits until after construction of Wood Duck Trail and Hohenstein Court. This would insure adequate access to the Sorenson/Lesinski ten acre parcel during the street construction process within the subdivision. This ten acre parcel is not a part of the Maple Trails plat but has access via a private easement across the subdivision. The owners of the ten acre parcel were concerned that their access to CR 17 would be effectively disrupted by the development of the subdivision plat. Therefore, Condition 3 was created to insure continuous access to the ten acre parcel. Mr. Sorenson supports the proposed amendment to Condition 3 as drafted. ALTERNATIVES: 1. Approve the amendment for Condition No. 3 . 2 . Do not approve the amended condition. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends that Condition No. 3 from Resolution No. 3650 be amended to include the following: "The building permit for the church proposed on Lot 1, Block 2 may be released after the recording of the plat for Maple Trails Estates 1st Addition and submittal of the required financial guarantees for the street construction. The Certificate of Occupancy for the church shall not be released until the City accepts the public improvements in Wood Duck Trail and Hohenstein Court. " ACTION REQUESTED: Offer a motion to approve Resolution No. 3739 , A Resolution Amending Condition No. 3 from Resolution No. 3650, A Resolution Approving The Final Plat For Maple Trails Estates 1st Addition, and move its adoption. RESOLUTION NO. 3739 A Resolution Amending Resolution No. 3650 Approving the Final Plat of Maple Trails Estates 1st Addition WHEREAS, the City Council on September 15, 1992 approved Resolution No. 3650, approving the final plat of Maple Trails Estates 1st Addition; and WHEREAS, Resolution No. 3650 contains Condition No. 3 which reads: "A variance to the Subdivision Regulations allowing two over length cul-de-sac streets (2 , 588 . 69 feet and 238 . 19 feet) is granted to allow the construction of the proposed cul-de-sac streets in the 1st Addition. The applicant shall dedicate and construct Wood Duck Trail and Hohenstein Court prior to the release of any building permits within the plat in order to provide adequate access to the private easement within Outlot B for the exception parcel currently owned by Jim Sorenson and Lori Lesinski. " WHEREAS, the applicants for the proposed church on Lot 1, Block 2 have requested that a building permit be released for the church after the recording of the plat and submittal of the required financial guarantees for the street construction in order to allow for the church construction to precede the street construction. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota that Resolution No. 3650 approving the final plat of Maple Trails Estates 1st Addition is hereby amended and Condition No. 3 shall read as follows: "A variance to the Subdivision Regulations allowing two over length cul-de-sac streets (2 , 588 . 69 feet and 238 . 19 feet) is granted to allow the construction of the proposed cul-de-sac streets in the 1st Addition. The applicant shall dedicate and construct Wood Duck Trail and Hohenstein Court prior to the release of any building permits within the plat except for the proposed church on Lot 1, Block 2 ; in order to provide adequate access to the private easement within Outlot B for the exception parcel currently owned by Jim Sorenson and Lori Lesinski. The building permit for the church proposed on Lot 1, Block 2 may be released after the recording of the plat of Maple Trails Estates 1st Addition and submittal of the required financial guarantees for the street construction. The certificate of occupancy for the church shall not be released until the City accepts the public improvements in Wood Duck Trail and Hohenstein Court. " Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1993 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1993. City Attorney • EXHIBIT A '. . _ i .4-1 • : \ i ... -----• -----—2i I *--,--—IT—:•-e• -t: • • , . s 1 . I •--:-1- .4 . • • . . • ! • :• I -••••c••• . • , '24 T .ST W. '.4 6,..._,...„_.......ei.a-...i. .._-. ; . .•.' - <. ..., • • 1 -- , ::::,.i. 1 .• • 'i i : . ? • i .::•••li. .);•• I il ,-, ...: •!5%----: ; • . ' . 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' • AG AGRICULTURE .• „ ..- - - • '':' ---, 5. •-•••, -.. - R 1 RURAL RESIDENTIAL : 1 oceR.i.E. _: . x,c - : R2 URBAN RESIDENTIAL • 4 Z. "21. _75; , • • F-'-f:."•••:-.•5;t•-•:2'• : • R3 MID-DENSITY RES. i sk.. . . ....-. . -- 1::.- R4 MULTI FAMILY RES. : .. --,. . . . .• .--- . „ B 1 HIGHWAY BUSINESS • t' •••t„. N ___.." • . • • s. B2 COMMUNITY BUSINESS ,____F_`-:,4::-..____;4_...______,..,-__"—' ___-.\ .."- • • B3 CENTRAL BUSINESS . :- : ...; . .,. • 's\ .. •...,,,, • - \-----, . ,. <-. I 1 LIGHT INDUSTRIAL . . . , 12 HEAVY INDUSTRIAL \ , . -----,-... .? ,,. I : ......... __. 'i- .. _--..• •,,..1-1-- • A----.• • . ?'".---- . S SHORELAND . .....-,,,. . - i C. -----. \ . :. ..,..,.....-,ii,f.e......s,,...,..••__:„.-•____ ,.....,._. ......... : s7.,,,,..,.., -,.. \ . -:,•-v-,-...: . ..:.. FLOODPLAIN DISTRICT • - • •- .. --- -- . i i :7 : • •— . ''..."..• MANDATORY PUD '- _. . .., .11 ,..‘ . ‘ \ • . . - RTD RACETRACK DISTRICT- _ • ' • . . • Zoning Map .... . .. City of SHAKOPEE • EXHIBIT B r . I I .r.<. 1�� . iu ui 1 M.CS,90.ZON .4; • i I .r ..d1G> O O = I 1 • g At • I 5a N „, _T_I_J /9; 1— . . . AS ui O I I N —1-iz4t W • d ..."'-- — — -Thi 'T Cfp ill"3 3. tie , ,0 , n,n 0„.,:, j' .......,...., , , O Y 01— . D C 0 ' bP 1 ^ 1 1 Z ,a� z•. O 7S Z —— —. V.' rte— — —I • «I 1C1S9 L • eQ 3 10 -t` 1 r I,. r�4 Q411a `f) 8 1 RoA -, I' 1 I Ian Z = . NI3.C6N3HOH :/r.. L :: C I 1.gado ..J 1` I o� ., o i::�'. . d . • • 5 �:. ;:.�7..-, I Z O F 0 .. I • �: > 1C:1 CC I • b i I I x I 9 gY: a” WwCr) aI aI! j�M1 ., : Fao1 z% . • I I1 ri n * .e 8;' 29 I id • C =W• I _I I N :lti ��::15 . :" L .1.2 :o. 1 .i.-i•_ .z N 1 i t i 1 z5 O 1T T.. iil !� ' ,I as .i = w : ' o - Y-- i1 I .y 1 o _,7 --- L "� .; 1 .'avow / — uNnoo / i carob-�rHsvrvo Ll 'ON r = v [ •_\ •r •6L1 i M-tL,1f.lON I_`,..-..-•,‘' i ��U[Vcl 11i11Js1 7� L I. v:Y .., ' r Ni.a'4,r,N,.1� .o.: -- � — — —1 y ..m • 1c:) m- 1 EXHIBIT C RESOLUTION NO. 3650 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL PLAT OF MAPLE TRAILS ESTATES 1ST ADDITION. WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for Maple Trails Estates on September 3 , 1992, and has recommended its approval; and WHEREAS, all notices of the public 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 Maple Trails Estates, described as: The South Half of the Northeast Quarter of the Southeast Quarter of Section 19, Township 115, Range 22 , and The West 20 rods of the Northwest Quarter of the Southwest Quarter of Section 20, Township 115, Range 22 , and The North one-half of the Northeast Quarter of the Southeast Quarter of Section 19, Township 15, Range 22 , and Northeast Quarter of the Southwest Quarter of Section 20, Township 115, Range 22, together with that part of the Northwest Quarter of the Southwest Quarter of said Section 20, lying East of the West 20. 0 rods of said Northwest Quarter of the Southwest Quarter is hereby approved subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2 . Execution of a Developer ' s Agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c. Storm drainage systems shall be installed in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. d. Local streets within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. f. Cash payment in lieu of park dedication shall be required. g. No building permits will be issued for Outlots A, B, and C until these outlots have been replatted. h. Following the construction of Wood Duck Trail and Hohenstein Court within the 1st Addition, and prior to the release of the Developer's Agreement and the Letter of—Credit- by the City, the private easement along Outlot A and Lot 1 of Block 2 must be vacated and the existing driveway connection to C.R. 17 removed. i. The applicant shall record an easement agreement with the Scott County Recorder which provides easements for the temporary turnarounds at the time of the recording of the final plat. 3 . A variance to the Subdivision Regulations allowing two over length cul-de-sac streets (2 , 588 . 69 feet and 238. 19 feet) is granted to allow the construction of the proposed cul-de-sac streets in the 1st Addition. The applicant shall dedicate and construct Wood Duck Trail and Hohenstein Court prior to the release of any building permits within the plat in order to provide adequate access to the private easement within Outlot B for the exception parcel currently owned by Jim Sorenson and Lori Lesinski. 4 . Development on Lot 1, Block 2 is limited to 80 Average Daily Traffic (ADT) . A traffic analysis, including daily and weekly peak volumes, must be approved by the City Engineer prior to any development on this lot. 5. No direct access to C.R. 17 will be permitted for any of the lots within the final plat, except for the 22 . 34 acre parcel where the owner of the property resides. This parcel may continue to utilize the existing driveway. 6. Adequate turnaround facilities for all temporary cul-de-sac streets must be constructed. 7 . The applicant shall submit a revised final plat which provides the 200 foot utility easement for Northern States Power Company, along with the document number under which it is recorded with the Scott County Recorder ' s Office. Prior to the release of the building permits for each lot in Block 1, the developer shall verify that information required for the construction of septic systems within this 200 foot utility easement has been submitted to them for their review and approval. 8. The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. 9. Site grading and the movement of heavy equipment will be limited to those areas identified on the Drainage and Erosion Control Plan. 10. The applicant must provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled prior to the release of building permits for each lot. 11. A separate Certificate of Exemption (Wetlands Conservation Act of 1991) shall be required for the 2nd and 3rd Additions prior to final plat approval by the City Council. 12 . Scott County Entrance Permit must be obtained from the Scott County Highway Department prior to the recording of the final plat. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer' s Agreement. 111 Passed in 1.PA - session of theme 'City Coun it f he City of Shakopee, Mi ` esoa, held this /S -' day of , 1992 . ><-1, r-P „,,,F. Mayor of`th City of Shakopee • , 1 Attest ] ,0A41 A City Clerk Approve. as to form: cL,��. � - ? "=-?' City Attorney / a, MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director ' j SUBJECT: Foothill Trail • ` DATE: January 25, 1993 INTRODUCTION: On January 19 , 1993 the City Council tabled any action on this item for additional information from staff. BACKGROUND: On December 1, 1992 the City Council directed staff to prepare a cost estimate to move the subject drainage ditch into the legal easement. On January 19, 1993 the City Council discussed this issue, but tabled any action on it until the following questions were answered: 1. What would the cost of moving the easement be, i. e. purchasing additional easement? 2 . Does adverse possession apply? Please refer to the January 11, 1993 staff memo from the January 19 , 1993 Council packet for additional information. Staff has done an analysis on the costs for purchasing additional easement area, which are shown in Attachment No. 1. The estimated costs to move the easement is $11, 500. 00 as compared to moving the ditch, which was estimated at $33 , 000 . 00. There are other factors that should be considered though, such as impacts on the homes by having the easement closer which affects the use of the property, acquiring more easement than what is needed for the ditch (unless the excess easement is vacated) , etc. Based on these factors, along with the cost, staff recommends relocating the ditch. At the time this memo was prepared, staff was unable to discuss the second issue (regarding adverse possession) with the City Attorney. ALTERNATIVES: 1. Move the ditch (and culverts) . 2 . Move the easement. 3 . Acquire entirely new easement from the adjacent agricultural land and move the ditch onto the new easement completely off the residential lands. 4 . Do Nothing. RECOMMENDATION: Staff recommends Alternative No. 1. Alternative No. 3 may also be a viable option for the City Council . The costs for this option would be approximately the cost of combining Alternatives 1 and 2 , although the cost of agricultural land would certainly be less than residential and there would only be one property to obtain an appraisal on. ACTION REQUESTED: Move to direct staff to prepare the plans and specifications for relocating the Foothill Trail ditch into the existing easement and authorize the solicitation of bids for it. DEH/pmp FOOT ATTACHMENT NO. 1 Foothill Trail - Easement Acquisition Costs Assumptions: 1. Land values - (from County Assessor's office) 2 vacant lots have sold on Foothill Trail within the last year for $15, 000. 00 and $16, 900. 00 respectively, use $16, 000 . 00 . The lots are 170' x 160' or 27, 200 sq. ft. Land Value = $16, 000. 00/27 , 200 = $0. 59 per sq. ft. Amount of additional easement needed is 25' x 170' = 4 , 250 sq. ft. Value per property = $0. 59 x 4 , 250 = $2 , 500 . 00 Note: An easement is not the same as fee title purchase as the underlying property owner still owns the land. The appraisal industry uses an accepted reduction of 50% for easement rather than purchase. 50% = $1, 250 . 00 per lot 2 . Appraisal Cost $300 . 00 - $500. 00 per property 3 . Legal Fees, Condemnation Use 10% of the above values Cost Estimate: Land Values $1, 250 . 00 x 6 lots = $ 7 , 500. 00 Appraisals $ 500. 00 x 6 lots = $ 3 , 000. 00 Legal Fees = $ 1, 000. 00 Total Estimated Costs = $11,500 . 00 TABLED FROM JANUARY 19 , 1993 COUNCIL MEETING MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Foothill Trail Storm Sewer DATE: January 11, 1993 BACKGROUND: On December 1, 1992 the City Council of Shakopee held a public hearing to determine if drainage improvements should be made in the vicinity of Foothill Trail and Horizon Drive. At the conclusion of the public hearing, the City Council determined that no improvements were necessary. The City Council also directed staff to determine exactly where the existing ditch was located in relation to the easement and to determine the costs for relocating the ditch into the easement. Staff has completed that directive and would like to provide the City Council with the results. The centerline of the existing drainage ditch is basically located on the west easement line. The ditch bottom varies in width from 5 to 8 feet and then slopes up to the existing ground level. Because the centerline of the ditch is on the west line of the easement, rather than centered in the easement, approximately 1/2 of the ditch is outside the easement and 1/2 of the ditch is within the easement. The existing culverts under 21st Avenue and 20th Avenue are also located on the west easement line, including the culvert installed on Lot 3, Block 5 by the property owner. Basically, to relocate all of the drainage facilities entirely into the 30 foot drainage easement, the ditch and all culverts need to be moved east approximately 15 feet. Staff has estimated the costs to move the drainage facilities at approximately $33, 340. 00. This is using 1992 contract prices and includes a contingency and engineering fees. (Refer to Attachment No. 1 for the detailed cost estimate) . Staff is seeking further direction on whether or not the drainage ditch and culverts should be relocated entirely into the easement. ALTERNATIVES: 1. Direct staff to prepare plans and specifications for moving the ditch into the easement and authorize staff to solicit bids for doing this work. Once bids are opened, staff will present the bids to the City Council for additional direction. 2 . Direct staff to prepare legal documents for purposes of obtaining additional easements to cover the entire ditch, without having to relocate or reconstruct ditch. 3 . Do nothing, leaving the ditch partially in and partially out of the easement. RECOMMENDATION: Staff recommends Alternative No. 1. To attempt to purchase additional easements as outlined in Alternative No. 2 . will result in additional expenses such as appraisals, legal fees, land acquisition costs, condemnation, etc. ACTION REQUESTED: Move to direct staff to prepare the plans and specifications for relocating the Foothill Trail ditch into the drainage easement and authorize the solicitation of bids for accomplishing this work. DEH/pmp FOOTHILL ESTIMATED CONSTRUCTION COST FOR FOOTHILL TRAIL STORM DRAINAGE IMPROVEMENTS (RELOCATING DITCH INTO EASEMENT) EST. UNIT UNIT TOTAL DESCRIPTION QUANTITY PRICE AMOUNT Ditch Excavation 1300 C.Y. $3.00 $3,900.00 Seed - 4" Topsoil 2 ACRE $1,200.00 $2,400.00 Fertilize & Mulch Sod W/Fertilizer 1700 S.Y. $2.00 $3,400.00 Clear and Grub 0.25 ACRE $3,500.00 $875.00 30" Pipe Arch 300 L.F. $22.00 $6,600.00 30" FES/with 4 EA. $1,250.00 $5,000.00 Trash Guard Bituminous Patching 1 L.S. $2,000.00 $2,000.00 1992 Est. Construction Cost $24,175.00 10% Contingency $2,417.50 Subtotal $26,592.50 25% Eng./Legal/Admin. $6,648.12 GRAND TOTAL $33,240.62 COSE11 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Spencer Street DATE: January 25, 1993 INTRODUCTION AND BACKGROUND: Attached please find Resolution No. 93006, adopted by the Scott County Board of Commissioners, which turns back the 1-block segment of County Road 79 (Spencer Street) between 10th Avenue and Shakopee Avenue to the City, effective January 12, 1993. The City Council of Shakopee included the reconstruction of Spencer Street in the 1993 Capital Improvements Program. Staff is currently preparing the feasibility report for this project. As part of the financing of this project, staff proposes to utilize Municipal State Aid (M.S.A. ) funds, but currently only that portion of the street from 1st Avenue to 4th Avenue is on the M.S.A. system. In order to add the remainder of the street to the M.S.A. System, the County Road 79 designation needed to be revoked first. The City can now request that the segment of Spencer Street between 4th Avenue and 10th Avenue be added to the M.S.A. System, so that State Aid funds can be utilized. Although the County is turning back one block of Spencer Street to the City, it is financially advantageous for the City to accept this turnback because it enables the City to utilize State Aid funds on 6 additional blocks of reconstruction (for the City's 75% share) . Without this turnback, the City would need to utilize General Funds or C. I.P. Funds for these 6 blocks. The 900 block of Spencer may or may not need to be reconstructed and this will be analyzed in the feasibility report. The utilities are currently being televised and if they need replacing, the street will probably be reconstructed. At this time, the only action needed by the City Council is to direct staff to submit the section of Spencer Street from 4th Avenue to 10th Avenue to Mn/DOT to add to the State Aid System. The County Road turnback is already effective. ACTION REQUESTED: Move to authorize staff to submit Spencer Street between 4th Avenue and 10th Avenue to Mn/DOT to add to the City's State Aid System. DEH/pmp RES93006 SCOTT C O U N T Y, MINNESOTA REQUEST FOR BOARD ACTION agenda A Board Date: January 12 , 1993 * Originating Dept: Flexibility: NO * County Attorney ITEM: (Service/Subject) * Presenter: Highway Administration/Revocation of a *Assistant County Attorney Portion of County Road 79 in the City of * Estimated Time: Shakopee * 5 Min BOARD ACTION REQUESTED: Adopt Resolution No . 93006; Revoking a one block segment of County Road 79 (Spencer Street) lying north of 10th Avenue in the City of Shakopee . BACKGROUND: The City of Shakopee has requested the turnback (revocation) of County Road 79 (Spencer Street) between 10th Avenue and Shakopee Avenue to allow the City to obtain Municipal State Aid Funds for the Spencer Street reconstruction project. Supporting Documents? Attached: X None: Signature/Date * Distribution/Date * Consent Agenda? * Cliff McCann j / ` * Brad Larson q * Don Fehr * Yes X No ** ********************************************************************* ADMINISTRATORS COMMENTS: !? fit Y� J Signature/pl.. to /— 7 -73 * Distribution/Filing Instructions B * D Approved: _,/,..,{,. /z/,/,„ * Highway Department Denied: Dai.Ld Hutton, City of Shakopee A Tabled: C Other: T * I / O Re c Sec: r' N Date: / /-/2-93 * * RBA NO: * y3—d.x BOARD OF COUNTY COMMISSIONERS - SCOTT COUNTY, MINNESOTA . • Date January 12, 1993 Resolution No. 93006 Motion by Commissioner Fosl id Seconded by Commissioner Malz ADOPT RESOLUTION NO. 93006; REVOKING A ONE BLOCK SEGMENT OF COUNTY ROAD . 79 (SPENCER STREET) LYING NORTH OF 10TH AVENUE • WHEREAS, the City of Shakopee has requested that the County of Scott revoke a one block segment of County Road 79 to allow the City to obtain Municipal State Aid funds for the Spencer Street reconstruction project; and WHEREAS, the County does not have a current or anticipated further need for that portion of County Road 79 lying north of 10th Avenue in the City of Shakopee, Minnesota; and . WHEREAS, it is in the best interests of the City and the County that the City shall exercise jurisdiction over the segment of roadway at issue; NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners in and for the County of Scott, Minnesota, that County Road 79 (Spencer Street) described as follows be revoked and turned back to the City of. Shakopee: _ . All that portion of County Road 79 (Spencer Street) lying . . north of 10th Avenue. BE IT FURTHER RESOLVED, that the turnback be effective as of January 12, 1993. YES NO Malz E Malz • ISeh« x .. Eehin Foslid x - Foslid - - Underferth x Underferth • Mackie Mackie State of Minnesota County of Scott 1 �� I.CLfford G.McCann,duly appointed,qualified and Acting County Administrator for the County of Scott State of Minnesota,. do hereby certify that I have compared the foregoing copy of a rpsnl ut ion with the original minutes of the proceedings of the Board of County Commissioners,Scott County,Minnesotan.at their session held on the 12th day of January , 19 93 ,now on file in my office,and have-found the same to be a true and correct copy thereof. . Witness my hand and official seal at Shakopee,Minnesota, this '31-7:riC of Janu , 1993 1 - tA--• -;4-11— County Administrator By 01010-2004 Admirustratoes Designee lac MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: McKenna Road DATE: January 26, 1993 INTRODUCTION: Attached please find correspondence from the Shakopee Mdewakanton Sioux Community regarding a proposal to upgrade McKenna Road. BACKGROUND: In conjunction with the construction of a Community Center, the Shakopee Mdewakanton Sioux Community (M.S.C. ) proposes to fund a portion of the costs for upgrading McKenna Road. As indicated in the attached correspondence, the M.S.C. proposes to pay for 65% of the construction costs. The M.S.C. proposal indicates that in addition to paying 35% of the construction costs, the City would also pay for all engineering associated with the project (design, inspection, etc. ) . McKenna Road is currently a gravel road from County Road (C.R. ) 16 to the south Shakopee City Limits. From the Shakopee - Prior Lake border to C.R. 42, the road is paved. The portion of the road located in Prior Lake was paved 100% by the M.S.C. several years ago, although this work was done more for dust control and the pavement structure constructed in Prior Lake does not meet any strength standards, even for 7-ton local streets. Due to the amount of traffic that would be generated by the Community Center, the section of road in Prior Lake may need to be overlayed to increase its strength, but the M.S.C. will be contacting the City of Prior Lake directly to discuss this issue. In regards to the portion of Mckenna Road located within Shakopee, this project is in the City's 5-Year Capital Improvement Program (C.I.P. ) , currently scheduled for construction in 1996. This road is also on the Municipal State Aid System, so any City costs could utilize State Aid funds or a combination of State Aid funds and special assessments per the Special Assessment Policy. To date, a feasibility report has not been done on the costs for upgrading this road by adding pavement. But the City is receiving $300, 000. 00 in State Aid needs for this road, which would be a good ball park number to use for discussion purposes on the construction costs. Using that figure, the M.S.C. is proposing to pay for approximately $195, 000. 00 of the construction costs. The City would pay $105, 000. 00 for construction costs and approximately $75, 000. 00 (25% of total construction costs) for the engineering costs for a total cost to the City of $180, 000 . 00. This equates to about 48% of the total project costs. In regards to the financial impact on the City due to adding another project to the 1993 C. I.P. , which was not on the original list, it would be negligent because 100% of the City's costs would be recovered by State Aid funds and special assessments. Staff is requesting that the City Council discuss this M.S. C. proposal and provide staff with the appropriate direction for a counter proposal or acceptance. Staff concurs that there is a benefit to the City in terms of reduced maintenance costs to the City by eliminating another gravel road. The exact costs to maintain this road cannot be determined, because all gravel road maintenance is covered under the same labor code, so it is difficult to determine the costs for any one single road. This road is the subject of many citizen complaints regarding dust, rocks, washboarding, etc. and does require additional maintenance above and beyond paved streets. ALTERNATIVES: 1. Accept the M.S .C. proposal and direct staff to prepare the appropriate agreements. 2 . Submit a counter proposal to the M.S. C. If that is the Council's desire, the following options may be ones the Council wishes to discuss. A. Have the M.S. C. pay 100% of all project costs, including engineering costs. B. Agree to the 65% proposal, but have that include all project costs, not just construction costs. This would increase the M.S. C. 's portion to around $244 , 000. 00 (out of the total $375, 000. 00 estimated costs) . C. Submit a counter proposal of some percentage between 65% and 100%, again using total project costs. A percentage of 75% may be an appropriate counter offer. 3 . Reject the M.S .C. 's proposal in its entirety. RECOMMENDATION: Staff recommends Alternative No. 2 . Staff feels that any cost split discussed should be for the total project costs, not just the construction costs. Staff also feels that having the M.S .C. pay 100% of the project may not be entirely fair due to some of the benefits received by the City. But since the timing for upgrading this road is driven by the Community Center and the traffic on this road will for the most part be generated by the Community Center, staff feels that the M.S .C. should pay for a majority of the project. Staff recommends a 75% M. S.C./25% cost split as a counter offer. This would result in an M.S.C. cost of around $280, 000 . 00 and a City cost of around $95, 000. 00. ACTION REQUESTED: Discuss the Mdewakanton Sioux Community proposal for upgrading McKenna Road and provide staff with the appropriate direction. If the proposal is acceptable to the City Council, staff should be directed to prepare the appropriate agreements and also prepare a resolution initiating a feasibility report. If the City Council wishes to continue negotiating with the M.S. C. , staff should be provided with the appropriate negotiating parameters and counter proposal. SHAKOPEE MDEWAKANTON SIOUX COMMUNITY 2330 Sioux Trail N.W., Prior Lake, Minnesota 55372 Tribal Office (612) 445-8900 \ON TOti FAX: (612) 445-8906 <<./ 6:6 OFFICERS `P STANLEY R. CROOKS Chairperson KENNETH ANDERSON ¶/7- Vice Chairperson DARLENE MATTA Secretary/Treasurer t January 14 , 1993 City of Shakopee Attn : Dave Hutton 129 1st Ave . East Shakopee , Minnesota 55379 RE : Mckenna Road Upgrade The Shakopee Mdewakanton Sioux Community request the City ' s cooperation in paving Mckenna road from County Road 16 to the Shakopee/ Prior Lake City Limits . Paving the road will provide benefits to our Community, as well as , the City of Shakopee . The City will benefit through reduced road maintenance costs . Our proposal to the City will be as follows : 1 . The Shakopee Mdewakanton Sioux Community will fund 65% of the actual road improvement project , with the remaining 35% funded through City resources . 2 . The City of Shakopee will also be responsible for the roadway design, inspection of the road project and to acquire all easements and rights-of-way. 3 . The City of Shakopee will be responsible for drafting the financial agreement between both parties . Our proposal is based on a standard 7 ton two-lane typical roadway section. Questions concerning this letter may be addressed to the undersigned at 445-8900 . Sincerely, William M. Rudnicki Tribal Administrator cc : Tribal Business Council Bluedog Law City of Prior Lake , Engineer / 3d COSE ]T MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Application for Temporary Liquor License from St. Mark's Church DATE: January 11, 1993 INTRODUCTON AND BACKGROUND: The City has received applications from the Church of Saint Mark, 3rd and Scott for temporary liquor licenses: one for February 19, 1993 (Winterfest) and one for July 24 & 25, 1993 (Julifest) . The applications are in order. RECOMMENDED ACTION: Move to approve the applications and grant temporary liquor licenses to the Church of Saint Mark, 333 West 4th Avenue, for February 19, 1993 and for July 24 & 25, 1993 . 13E COSENT There are not anticipated "budget versus actual expenditure" problems within division totals apparent at this point (1/93) for the 1993 budget. Included in the bill list is a payment for $800 to G. Poole. 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P3 00 lD r NI NI NI C C C C C C C C C 0 C C C C C C C C C r Co CO V r r .- r 1-' 0 C'1 4- 1-' W W W N r r 0 o 0 0 . r 0 C+1 b V! ,Rx '-3 0 O 0 Z N 2:8P • N � Cr"' C X X b H t-1 NI NI 7o he 0 0 <Z C11 CI 1-30 X 'I7 C qo L=1 G Z G H z N '.O r '.o %o -co -co r to -co W co 'O - .' l,J I-' 0% V •- to - to toh+ W 0% 1 V V 0 . 1-' V -1 0 r N r C% 0% U+ 0 W 0% 0 V Co CD '0 N CO '.D 0 V • 'O N CO I Ut N N Ut N 0 CO 0 CA '0 0 V 0 0 N •P• .b co 00 fD u � ri MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: City Hall Parking Plan DATE: January 27 , 1993 INTRODUCTION: With the acquisition of the new city hall facility, the City obtained possession of the parking lot adjacent to the building. Staff has developed a parking plan that will accommodate the parking needs of City staff, Downtown patrons and City Hall users. BACKGROUND: Shown in attachment #1 is a parking plan layout for the City Hall parking lot. Staff is proposing that the lot be posted for City Hall parking only including several different parking durations and authorized City vehicles. Staff believes that it would be beneficial to have nine parking spaces reserved for City authorized vehicles. These spaces would be occupied by those employees who utilize City vehicles and are in and out of the building on a regular basis. Employees fitting this description include the building inspectors and engineering technicians. We are also proposing to have the spaces immediately adjacent to the building reserved for short duration parking (30 minutes) . The proposed parking plan is almost identical to the parking plan utilized by the former building occupant. The only difference is that a portion of the lot will be utilized for authorized City vehicles only. Staff is not proposing any other changes to the parking restrictions already posted in the Downtown area. There are a number of locations within close proximity to the new city hall that are posted for 8 hour parking. If we experience problems in terms of parking, it may be appropriate at a later date to change some of the parking restrictions as posted in the Downtown area or add additional parking capacity. In a related matter, the appraisal for the former Pelham Hotel site should be complete within the next 10 days. ALTERNATIVES: 1. Adopt the parking layout proposed for the new city hall facility. 2 . Amend the parking layout and move its adoption. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Move to adopt the parking plan as proposed by staff for the new city hall facility. CITY HALL PARKING LOT • 7u5i, 1, r . ::t,_i mii NEI M N1 Bs =1 N MEI 142' +/- 1.-------------• \,.........„(.....1,-, N _- it IN ki ilo,deltcy EMI Ell ri liabdrec11111 P mil 0 111111 NI 111111 11111111111 110' `', Na II * l� MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: City Hall Refuse Container Screening DATE: January 27 , 1993 INTRODUCTION: City ordinance requires that all outdoor storage and trash storage which are visible from existing and planned adjacent streets, residential areas, institutional uses or places of public assembly shall be screened. The new city hall facility does not have an outdoor storage area for trash storage which meets our City ordinance. Therefore, it would be appropriate to construct a screening fence or a wall that complies with City ordinance. BACKGROUND: The City has not strictly enforced the section of the City ordinance which relates to outdoor storage. This has been primarily due to the lack of code enforcement staff. This does not excuse the City from not complying with their own ordinance. The City should serve as an example and hopefully others will follow without having to impose penalties on those persons who are not in compliance. Shown in attachment #1 is an illustration of the parking lot adjacent to the city hall facility. Note that there is a portion of the lot that is not suitable for parking. Staff is proposing to construct in this area a facility that would adequately screen our trash storage. City ordinance requires that a screening fence or wall be constructed of attractive, permanent finished materials, compatible with those used in the construction of a principle structure. Screening fences and walls shall be at least equivalent to a screen 6 feet in height and 80% opaque. Bossardt Corporation is obtaining cost estimates to construct 2 different types of storage facilities. The first option would provide a fence type structure that could be locked and would totally encompass our storage containers. This is a fairly simplistic approach and could be completed at a relatively minor cost. The second option would provide a more permanent structure that would be vandal proof and would mitigate unauthorized use of our trash receptacles. In this case, staff would be referring to a decorative concrete block facility with a roof. While this approach is obviously more costly, it would require less maintenance and would make it nearly impossible for persons to illegally dump their trash in our trash receptacles. Cost estimates were not available at the time this memo was prepared. They will be available for Council's consideration on Tuesday. Staff is recommending that the funding source for either of the two options be the capital improvement fund. ALTERNATIVES: 1. Direct staff to obtain quotations and have a fence type facility constructed to screen refuse storage at the new city hall facility with funding to be allocated from the capital improvement fund balance. 2 . Request staff to obtain cost estimates for a decorative block building to be used to screen trash storage at the new city hall facility with funding to be allocated from the capital improvement fund balance. 3 . Direct staff to pursue some other type of screening option. 4 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Direct staff to obtain quotations and have a fence type facility constructed to screen refuse storage at the new city hall facility with funding to be allocated from the capital improvement fund balance. / Attachment #1 CITY HALL PARKING LOT , 'T,Sr, I Lir. mu .. tv En OM ■- 1-, _N ME HN ilii 4 142' +/— ► I I T Q z N ME ki c‘i ...„_______ ft is, --- ... , j „ U- ,.., NU,,cl;c4r s .. m .J \\l 1 ` I ! I !•c: I 110' ;�c Rau / tL MEMO TO; Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Downtown Alleys - Underground Utilities DATE: January 27, 1993 INTRODUCTION: Last year the Shakopee Public Utilities Commission (SPUC) hired a consultant to complete a feasibility study of undergrounding overhead utilities in the downtown area. The feasibility study has been completed and cost estimates have been developed for the project. It would be appropriate at this time to discuss whether or not the City should pursue in cooperation with SPUC undergrounding of said lines. BACKGROUND: Last year the downtown alleys were scheduled for reconstruction. However, the project was delayed pending the results of the SPUC underground study. With spring rapidly approaching it would be appropriate at this time to determine if undergrounding of the lines should be pursued at this time. The alley reconstruction project is scheduled for this year. If undergrounding the overhead utility lines is to occur, it would be appropriate to pursue undergrounding in conjunction with reconstruction of said alleys. Shown in Attachment #1 is a correspondence from Mr. Lou Van Hout, Utility Manager, summarizing the cost estimates for undergrounding the overhead utility lines. Shown in Attachment #2 is a map illustrating the blocks included in the study. It should be pointed out that in addition to the customer owned equipment noted in the first four line items of the spread sheet, downtown property owners would also be responsible for the cost of undergrounding their service lines and any auxiliary work related to their service box. The approximate cost for the customer owned equipment noted in Mr.Van Hout's correspondence is approximately $8 , 000 . 00 per block. This cost could be assessed to the property owners in each block. Other financing options for the customer owned equipment include tax increment funds or the Capital Improvement Fund. The service line and connection cost for each individual downtown property owner varies greatly depending on the location of their building and proximity to the mainline. Cost estimates range between $1000. 00 to $5 , 000. 00 per property owner. Funding for the City's portion (main underground conduit and street lighting) could either be partially assessed or picked up using proceeds from the tax increment fund balance or Capital Improvement Fund. There are obviously many combinations for funding and project scope. Incidentally, the Shakopee Downtown Pre-Development Plan that was adopted by the Shakopee HRA and City Council this past November included an item pertaining to undergrounding overhead utility lines and the reconstruction of alleys in Blocks 22 , 23 , 24 and 25. Staff would like Council direction in dealing with this item. Perhaps a joint meeting between the Shakopee Public Utility Commission and the City Council would be in order to discuss this issue in greater detail. Staff has discussed undergrounding the utility lines with several downtown property owners in the past. Most property owners support the concept but are concerned about the cost. The cost to reconstruct the downtown alleys has been estimated at approximately $6, 000 . 00 per block. Staff would like to request that a joint meeting be set up with the Shakopee Public Utility Commission to determine if there is mutual interest to move ahead on this project. Staff believes it would be premature to meet with all the downtown property owners if there is not a finanical commitment to proceed by both City Council and SPUC. ALTERNATIVES: 1. Request staff to schedule a joint meeting with SPUC to discuss undergrounding the downtown overhead utility lines. 2 . Request staff to meet with the downtown property owners in small group meetings to determine their interest in undergrounding said lines. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: Request staff to schedule a joint meeting with SPUC to discuss undergrounding the downtown overhead utility lines. (Either Committee of the Whole or Regular meeting) TAMI\ADMIN\OVERHEAD BAS/tiv AlletritmgA4 41 ( TO: Barry Stock, Asst . City Admin. FROM: Lou Van Hout , Util . Mgr. RE: Downtown Alleys , U.G. Electric DATE: 1/27/93 Enclosed are two revised spreadsheets from our consultant which shows the concepts we discussed on 10/1/92 . Page 1 shows ten blocks in the project , page la shows eight blocks . Please note that there are two sets of totals and subtotals on each spreadsheet . For page 1 , the top half is for blocks 21-25 , and the lower half is for blocks 28-32 . Top and bottom figures must be added together to get the costs for that page . Explanation of Subtotals : Each line-item on the spreadsheet represents a single type of component in the overall project . The line-item costs are subtotaled in the right hand column on the spreadsheet to aid in discussing a sensible way to allocate the project costs. The grouping of the line-item costs was based on an assumption of the benefit received. Using the figures on page 1 as reference, the assumptions used to develop the grouping for the subtotals , and the associated cost allocations are: - The first 4 line-items represent : - Those items which would normally be customer owned equipment . $54 ,270 plus $26 , 730 = $811000 - The next 2 line-items represent : - The main underground conduit which produces the major aesthetic benefit to the area by providing for the wiring to be put underground. - New streetlights (actually alley lights ) which would normally be a City, or an assessed cost . $93 ,000 plus $79 , 500 = $172 , 500 - The next 11 line-items represent : - High and low voltage cables , transformers, connection boxes, and misc. equipment , which are assumed to provide a betterment to the electric utility system. This was assumed a SPUC cost . $85 , 535 plus $63 ,250 = 1148 ,785 UN o 00 00UI N- O Oo 0 N O M MN N J N r . . .. 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ERVILLE & \, .7/ Ni __ . eclo____ N‘11 SPENCER [- - - 111(11/ rt. . --• ------- - • — _ - 1 FILLMORE r , L i :_- .1. _ , _ , _ , _ _ _ _ r MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: City Hall Sale/Lease Options DATE: January 28 , 1993 INTRODUCTION: Last year staff approached the City Council with the possibility of obtaining an appraisal for the City Hall facility at 129 East 1st Avenue. At that time, it was the consensus of City Council to table action on the appraisal until such time that the downtown redevelopment analysis of Block 4 could be completed. It would be appropriate at this time to discuss the future use of our existing City Hall facility. BACKGROUND: There are basically three options to consider in dealing with the future use of our existing City Hall facility. First, the City could continue to use all or a portion of the facility for municipal purposes. Staff does not believe this is a viable option primarily because the facility is not designed to accommodate space needs that we have at this time. Our primary municipal building needs at this time are in the area of recreation programming (gymnastics, aerobics, gymnasium, etc. ) . A second option to consider would be to sell our existing facility. It should be pointed out that the present City Hall facility can be sold as either a single property or two separate buildings. If Council wishes to pursue sale of the property, an appraisal would be necessary. Staff would recommend that if an appraisal is completed that it analyze the value of the facility as one building and two separate structures. Since this type of appraisal is more exhaustive than a typical building appraisal, the cost estimates are somewhat higher than normal. Cost estimates for said appraisal range between $3 , 000. 00 and $4 , 000. 00 . The third option to consider would be to lease the present facility. The annex portion of the building which includes the City Council Chambers, Engineering Department and Administration area is comprised of approximately 3 , 340 square feet. The old bank portion of the building is comprised of approximately 3 , 600 square feet. There is approximately 1, 200 square feet per floor of useable square footage in the old bank facility. (Basement/Main Floor/Second Floor) Staff believes that if the lease option is pursued that there is approximately 3 , 300 square feet of useable square footage in the annex portion of the building and approximately 2 , 400 square feet of useable square footage in the old bank building representing a total leasable square footage area of approximately 5, 700 square feet. Lease rates in the downtown area vary dramatically. Staff has discovered rates between $2 . 40 a square foot plus utilities to $5 . 00 a square foot plus utilities. Staff has also found triple net lease opportunities in the downtown area between $4 . 23 a square foot to $9 .88 a square foot. (Triple net includes utilities, taxes, refuse removal, plowing) If the City selects to lease out the building, we would be subject to property taxes. I have contacted the County Assessor to determine what we might expect to pay per year in taxes. He stated that on the existing facility the City would pay approximately $10, 000. 00 per year in taxes. For illustration purposes, if we are able to obtain a tenant at a rate of $3 . 00 per square foot plus utilities, the City would generate approximately $17 , 100 . 00 in income. This would result in a net income for the City of approximately $7 , 100 . 00. This illustration of course assumes that the tenant would be responsible for any lease hold improvements and no major mechanical repairs are necessary during the calendar year. The recent development study of Block 4 recommended that the buildings on Block 4 be preserved. If Council feels that over the long term this option will be supported, it may be appropriate to sell the City Hall facility at this time. However, if Council believes that sometime in the future the City would participate in a redevelopment effort that could include the demolition of Block 4 , it would be beneficial to retain property ownership at this time. Staff would like direction from Council in regard to the future status of the existing City Hall facility. ALTERNATIVES: 1. Request staff to obtain an appraisal for the existing City Hall facility at a cost not to exceed $4 , 000. 00 with funding to be allocated from the Contingency Appropriation Account. 2 . Direct staff to continue to pursue and analyze leasing possibilities for the existing City Hall facility. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative #2 . ACTION REQUESTED: Direct staff to continue to pursue and analyze leasing possibilities for the existing City Hall facility. BAS/tiv TAMI\ADMIN\SALE.CH /34 MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Hiring of Law Firm to Represent the City in the M.P.R. S. Lawsuit DATE: January 28 , 1993 INTRODUCTION: As Council members are aware two unsuccessful minority police candidates have filed suit against the Minnesota Police Recruitment System (MPRS) and against each of the 36 MPRS member cities. MPRS and the cities must respond to the complaint by February 15, 1993 . BACKGROUND: The two plaintiffs in the lawsuit John Starks and Christopher Fields have each filed lawsuits against MPRS and all of it's member cities. The firm of Holmes and Graven has represented MPRS for several years and is quite familiar with police hiring practices and the evidence which must be submitted in a dispirit impact lawsuit. This firm is also well versed in testing procedures for police officers. I have been told by one of the lawyers from Holmes and Graven that little extra effort will be needed for the law firm to defend most or all of the cities over and above the amount of effort that will be required to defend MPRS. Likewise not much additional effort will be needed in order to defend Shakopee and the 12 other cities who have civil service commissions. Another part of the lawsuit alleges that Shakopee and the aforementioned 12 other cities have engaged in an unlawful delegation of authority by using a firm to test for police officers. I assume most of the cities involved in the lawsuit will be utilizing the services of Holmes and Graven. For those cities utilizing this firm, the fee schedule as adopted by the MPRS Board of Directors is an amount of $500 for each member city. In the event that the legal cost exceeds the amount generated by the $500 contributions, the additional cost will be allocated on the basis of city population. In that Shakopee is one of the smaller cities in MPRS this procedure will clearly benefit the City of Shakopee. It is quite possible that the entire $500 will not be utilized, however at this point we do not know exactly where the plaintiffs and their attorney are going on this case. In that the time to file this first response to the lawsuit is very limited it would appear to me to be far more costly if the City of Shakopee were to retain other legal counsel. As I indicated earlier the League of Minnesota Cities insurance trust will not provide legal defense for the City in that joint powers agreement such as this are not covered. Even if LMCIT were to provide coverage the City would be responsible for the first $5, 000 of legal expense. STAFF RECOMMENDATION: I would like to recommend that the City Council authorize the City Administrator to take the necessary steps to have Holmes and Graven represent the City in these lawsuits. ACTION REQUESTED: Move to authorize the appropriate City officials to enter into an agreement with Holmes and Graven, Chartered for the purpose of providing legal services in the John Starks, the Minnesota Police Recruitment System, etal. and Christopher Fields, the Minnesota Police Recruitment System, etal. CC: Karen Marty, City Attorney C3 !SENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Apportionment of Special Assessments In RLS No. 134 DATE: January 19 , 1993 INTRODUCTION: The attached Resolution No. 3737 apportions existing special assessments for three parcels part of each being purchased by Minnesota Department of Transportation for the Bypass. BACKGROUND: A portion of three separate parcels, owned by Valley Green Industrial Park, are being purchased by Mn. DOT for right-of-way for the Bypass. Condemnation proceedings are in process and should be completed around February 9th. After the completion of the proceedings, Mn. DOT will be paying the city the assessments for those properties they are acquiring. Special assessments will continue to be paid yearly for the properties being retained by Valley Green Industrial Park. The engineering department has apportioned the assessments for each of the three separate parcels for that part being acquired by Mn. DOT and for that part being retained by Valley Green Industrial Park. This apportionment is contained in the attached resolution. Mr. Albinson requested the apportionment prior to the condemnation hearing so that the amounts would be known during the proceedings and so that Mn. DOT can pay them soon thereafter. The county auditor will not be assigning new parcel numbers to the parcels being acquired by Mn. DOT because the property will be right-of-way. Mr. Albinson has been advised of the amounts of the apportionment. RECOMMENDED ACTION: Offer Resolution No. 3737 , Apportioning Special Assessments For Parcels 27-148006-0, 27-148007-0, and 27-148008-0, and move its adoption. RLS134AP.PMT RESOLUTION NO. 3737 A RESOLUTION APPORTIONING SPECIAL ASSESSMENTS FOR PARCELS 27-148006-0, 27-1480 -0 AND H)27-148008-0 (RLS-134, TRACTS F, G, WHEREAS, on October 1, 1985, Resolution No. 2451 adopted by the City Council levied assessments against properties benefitted by the construction of Valley Park Drive and 12th Avenue (Project No. 1984-5) ; and WHEREAS, portions of three separate parcels benefitted by the said improvements are being acquired by Minnesota Department of Transportation (Mn. DOT) for right-of-way for the Southerly Bypass; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against these three parcels between the six new parcels; and WHEREAS, this apportionment was also requested by Valley Green Industrial Park, property owner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA That the 1993 payable remaining balances of assessments for the 1984-5 Valley Park Drive and 12th Avenue Improvements for parcels 27-148006-0, 27-148007-0, and 27-148008-0 are $97 ,452 .72, $70, 807.91 and $57 , 045. 65 respectively and are hereby apportioned as outlined in Exhibit "A" attached hereto and made a part hereof. BE IT FURTHER RESOLVED, that all other parts of Resolution No. 2451 shall continue in effect. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 2nd day of February, 1993 . , Mayor City Clerk City Approved as to form �<- J ' Attorney_ C/ EXHIBIT "A" Page 1 of 2 Assessment Reapportionment for P.I.D. 's 27-148006-0, 27-148007-0 and 27-148008-0 P.I.D. Property Owner Legal Description Assessment 27-148006-0 Valley Green Industrial Park All that part of Tract F, $55,647.11 5276 Valley Industrial Blvd. Registered Land Survey No. 134, Shakopee, Mn. 55379 Files of Registrar of Titles, County of Scott, excepting that part of said Tract F contained in Parcel 74, Minnesota Department of Transportation Right-of-Way Plat No. 70-12 and Minnesota Department of Transportation Right-of-Way Plat No. 70-10. 27-148007-0 Valley Green Industrial Park All that part of Tract G, $35,788.22 5276 Valley Industrial Blvd. Registered Land Survey No. 134, Shakopee, Mn. 55379 Files of Registrar of Titles, County of Scott, excepting that part of said Tract G contained in Parcel 74, Minnesota Department of Transportation Right-of-Way Plat No. 70-12. 27-148008-0 Valley Green Industrial Park All that part of Tract H, $40,801.56 5276 Valley Industrial Blvd. Registered Land Survey No. 134, Shakopee, Mn. 55379 Files of Registrar of Titles, County of Scott, excepting that part of said Tract H contained in Parcel 74, Minnesota Department of Transportation Right-of-Way Plat No. 70-13. Valley Green Industrial Park All that part of Tract F, $27,883.79 5276 Valley Industrial Blvd. Registered Land Survey No. 134, Shakopee, Mn. 55379 Files of Registrar of Titles, County of Scott, which lies within Parcel 74, Minnesota Department of Transportation Right-of-Way Plat No. 70-12 and Minnesota Department of Transportation Right-of-Way Plat No. 70-10. Page 2 of 2 Assessment Reapportionment for P.I.D. 's 27-148006-0, 27-148007-0 and 27-148008-0 P.I.D. Property Owner Legal Description Assessment Valley Green Industrial Park All that part of Tract G, 524,904.27 5276 Valley Industrial Blvd. Registered Land Survey No. 134, Shakopee, Mn. 55379 Files of Registrar of Titles, County of Scott, which lies within Parcel 74, Minnesota Department of Transportation Right-of-Way Plat No. 70-12. Valley Green Industrial Park All that part of Tract H, 58,094.71 5276 Valley Industrial Blvd. Registered Land Survey No. 134, Shakopee, Mn. 55379 Files of Registrar of Titles, County of Scott, which lies within Parcel 74, Minnesota Department of Transportation Right-of-Way Plat No. 70-13. cc) r4S /y6v Cu RESOLUTION NO. 3737 A RESOLUTION APPORTIONING SPECIAL ASSESSMENTS FOR PARCELS 27-148006-0, 27-148007-0AND AND27-148008-0 (RLS-134, TRACTS F, G, WHEREAS, on October 1, 1985, Resolution No. 2451 adopted by the City Council levied assessments against properties benefitted by the construction of Valley Park Drive and 12th Avenue (Project No. 1984-5) ; and WHEREAS, portions of three separate parcels benefitted by the said improvements are being acquired by Minnesota Department of Transportation (Mn. DOT) for right-of-way for the Southerly Bypass; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against these three parcels between the six new parcels; and WHEREAS, this apportionment was also requested by Valley Green Industrial Park, property owner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA That the 1993 payable remaining balances of assessments for the 1984-5 Valley Park Drive and 12th Avenue 800• "r= X07-0, and 27-148008-0 are $83 ,530. • , 60,692.49 :n• $48,896,27 .espectively and are X x X hereb = • ••rtioned . fined in 'A" attached hereto and made a part hereof. BE IT FURTHER RESOLVED, that all other parts of Resolution No. 2451 shall continue in effect. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 2nd day of February, 1993 . Mayor , City Clerk Approved as to form , City Attorney _ ^ 1\ 6k) l l YL V► ' ✓ `� / MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director -k SUBJECT: Transportation Utility DATE: January 25, 1993 INTRODUCTION: Attached is Resolution No. 3738, A Resolution Supporting a Transportation Utility, for City Council consideration. BACKGROUND: For the last two years, legislation has been introduced which would enable Cities to adopt a transportation utility, which is similar in concept to a storm sewer utility or a sanitary sewer utility. But this legislation has not passed. Both the League of Minnesota Cities and City Engineer's Association of Minnesota support this legislation. In 1990 the City Council of Shakopee also passed a resolution supporting this concept. A bill is once again being introduced during the current legislative session for a transportation utility. Attached are the key elements of this utility. It should be noted that this utility is enabling only. Only those Cities that wish to adopt the utility would do so. The concept of a transportation utility has been generated due to the increased difficulty in proving benefit as defined by Chapter 429 of the State Statutes, namely that the amount assessed cannot exceed the increased property value, especially on street reconstructions. The League of Minnesota Cities is asking all Cities to support this legislation by adopting the attached resolution. ACTION REQUESTED: Offer Resolution No. 3738, A Resolution Supporting Enabling Legislation Allowing Municipalities to Establish Transportation Utilities and move its adoption. DEH/pmp MEM3738 DRAFT 11/92 ELEMENTS OF A TRANSPORTATION UTILITY Definitions. For the purposes of this section, the term "municipality" means a home rule charter or statutory city. The term "governing body" means the city council. Authorization. Authority for a municipality to impose a transportation utility fee is enabling • only. No municipality is required to use the fee. Only municipalities which follow the procedures for adoption may impose the fee. Procedures for adoption. The governing body of a municipality may impose a transportation utility fee coterminous with its territorial limits, by ordinance adopted by a two-thirds vote of all its members. No such fee shall be adopted until after a public hearing has been held on the question. A notice of the time, place, and purpose of the hearing shall be published for two successive weeks in the official newspaper of the municipality (or in a qualified newspaper of general circulation in the municipality, and the last notice be at least seven days prior to the day of the hearing. The ordinance, when adopted, shall be filed with the county auditor and county recorder. Collection. An ordinance adopted under this authority shall provide for collection of the transportation utility fee on a monthly, quarterly, or other basis as the municipality determines. The municipality may use regular utility billings, for such services as water, sewer or stormsewer, to implement the transportation utility charges. A municipality may provide for certifying unpaid transportation utility fees to the county auditor against the property on which the fee is imposed for collection. The fee may be collected from all properties within the municipality. Properties which are exempt from property taxes still be subject to the fee. Master plan requirement. A municipality shall be allowed to use the transportation utility only after preparation and adoption of a "master plan." A capital improvement plan (CEP), public facilities plan, or comparable information and planning document providing a five year program will qualify. The plan shall include information on proposed reconstruction, facility upgrade, and maintenance expenditures. The plan must include information on the proposed funding sources for all projects. The governing body of a municipality may, by resolution of its members, adopt or revise the master plan. The plan shall be annually updated to reflect a five year planning program. No transportation utility fee be authorized without adoption of a master plan. A notice of the time, place, and purpose of the hearing to adopt the master plan shall be published for two successive weeks in the official newspaper of the municipality, or in a qualified newspaper of general circulation in the municipality, and the last notice be at least seven days prior to the day of the hearing. Use of fee proceeds. The proceeds of all transportation utility fees must be placed in a separate fund and only used for the following eligible purposes which have been specified in the master plan: Reconstruction -- paving, grading, curb and gutter, bridge repair, overlays, drainage structures, base work, subgrade correction and boulevard restoration. Facility upgrade -- traffic signals, turn lanes, medians, street approaches, alleys, rights of way, • sidewalks, retaining walls, fence installation, additional traffic lanes. Maintenance -- striping, seal coating, crack sealing, sidewalk maintenance, signal maintenance, street light maintenance, signage. The revenues generated by the fee may not be transferred to the general fund of the municipality. Trip generation data. Fees will be calculated based on the relationship of the revenues the municipality proposed to generate and the trip generation rates by type of land use. Land use category Unit Daily trip generation range 1. Residential * single family d.u. 7.5 - 12.5 * apartment, townhouse d.u. 4.5 - 7.5 highrise, mobile home park, low rise condo * retirement community, d.u. 2.5 - 3.5 congregate care, recreational home 2. Lodging * hotel/motel rooms 7.0 - 11.0 3. Schools * elementary students 0.5 - 1.5 * secondary students 1.0 - 2.0 * college/university students 2.0 - 3.0 2 Land use category Unit Daily trip generation range 4. Services * church/synagogue 1000 sq ft 7 - 11 * library 34 - 56 * day care center 50 - 84 * government offices 50 - 84 * post office 65 - 109 * state motor vehicle dept 125 - 207 * banks (walk/drive in) 188 - 312 5. Office * hospital 1000 sq ft 13 - 21 * clinic (medical/dental) 25 - 41 * general office bldg 0 - 50,000 sq ft 17 - 27 50 - 200,000 11 - 17 200 - 400,000 8 - 14 over 400,000 7 - 11 6. Retail * low intensity 1000 sq ft 27 - 45 * medium intensity 73 - 121 * high intensity 535 - 891 * shopping center 10 - 50,000 sq ft 94 - 156 50 - 100,000 60 - 100 100 - 200,000 47 - 77 200 - 600,000 32 - 52 over 600,000 24 - 40 7. Industrial * general light/ ind pk 1000 sq st 5 - 9 * manufacturing/warehousing " 3 - 5 8. Recreational * city/county park acres 2 - 4 * golf course 6 - 10 * beach/regional park 13 - 21 * other recreational 1000 sq ft varies 9. Terminals * commercial airport pass. orig. 4 - 6 * general aviation 3 Land use category Unit Daily trip generation range airport based craft 5 - 6 * waterport/marine terminal acres 9 - 15 * transit terminals # of buses varies 10. vacant 0 Review. A municipality may also petition this committee to develop or review trip generation data for land uses which are not included in the existing land use categories. The committee may also annual review all ranges. The committee review and update trip generation data, when necessary, whenever the Institute of Traffic Engineers issues a new edition of their traffic generation manual. Pass-by reduction. Reductions based on data from the Institute of Traffic Engineers for pass-by trips have been made to the trip rate ranges calculated for the following property uses: services (15 percent), low intensity retail (20 percent), shopping centers (40 percent), and high intensity retail (50 percent). (Pass-by trips are made as intermediatestops on the way from a point of origin to a primary destination. These trips are attracted from traffic passing the site on an adjacent street and do not require diversion from another roadway.) TDM credit. A credit would be available for employers and building owners who implement traffic demand strategies (TDM). Where lower traffic generation rates can be proven for two consecutive years, the city will calculate an adjustment to the trip generation factor on which the fee is based. Annual proof of reduced vehicle traffic would be required to maintain the credit. Accrual of fee revenues. Revenues from the utility fee shall only be used for the specific reconstruction, facility upgrade, and maintenance projects listed in master plan, and are therefore limited to the projected costs of the needs approved in the master plan. The dedicated fund may not accumulate revenues from the utility fee beyond the fee revenues generated over a period of five years. Appeal process. Property owner. An owner of property within the municipality may appeal the amount of the fee or the trip generation rate which is used for that property. An administrative appeal may be made to the administrative officer of the municipality. The decision of the administrative officer may be appealed to the city council. The property owner may appeal the decision of the city council to the district court. Municipality. A municipality may appeal ranges of trip generation to the Municipal State Aid Screening Committee appointed by the Commissioner of the Department of Transportation. 4 Special assessments, bonds, property tax levies. Use of the transportation utility fee does not restrict the municipality from imposing special assessments, issuing bonded debt, or levying property taxes to pay the costs of local street reconstruction, facility upgrade, or maintenance projects. Revenue bonds may be issued in conjunction with the utility and may be retired with utility fee revenues. 5 cn i o U) CD O o 0 o Lf) CD U � _>I CSO r 'd CO C O N v7-- 1\ l,' :� Fes-- ` � ,. �-+ > ) n ., ,. ,,,,, .4. 0 �\` N O CO O d' LO CO N 0 co c to r r d' CO T" 1.0 N `` 0 ¢ o 0 o O 00 .\� CO d.. 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T IILo ui ta u) T/; II = CC 1 >71Ji 0 II II= Q NE �s E o I : 0 (I) o V Li, au cc 0 V ._.. >mi -6) 'E I--- a p 0 :i- in Cn n H D RESOLUTION NO. 3738 A Resolution Supporting Enabling Legislation Allowing Municipalities To Establish Transportation Utilities WHEREAS, streets under the jurisdiction of Minnesota Cities comprise an integral and necessary component of the overall State transportation system; and WHEREAS, Cities of Minnesota are experiencing large scale deterioration of their local streets systems; and WHEREAS, funding provided from the State gasoline tax in the form of the Municipal State Aid Street System is applicable to no more than 20 percent of any City's local street system; and WHEREAS, recent court rulings pertaining to special assessment laws have found limid b is reconstru ted,efit accrues tresultingaffected inrapsigntficant s when a deteriorated street reduction in special assessment levies; and WHEREAS, property taxes at the rates typically being levied do not take into consideration the need to rehabilitate and/or reconstruct City streets. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA THAT: 1. Funding street reconstruction and rehabilitation on a user fee basis is consistent with the State' s user fee funding philosophy t essanandry other storm transportatioa watermain improvements utilizing gasoline taxes. 2 . Funding provided by a transportation utility based onrm a user fee concept will result in a stable, g funding source to finance street reconstruction and rehabilitation. 3 . The City urges members of the House of Representatives and the Senate to support and adopt legislation that will allow Cities to establish transportation utilities as a source of funding for the maintenance and improvement of the Cities local street systems. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1993 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONCENT / (/ MEMO TO: Dennis Kraft, City Administrator FROM: Ray Ruuska, Engineering Coordinator SUBJECT: Upper Valley Drainage Project Project No. 1987-5 DATE: January 25, 1993 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the Upper Valley Drainage Project No. 1987-5. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. ACTION REQUESTED: Offer Resolution No. 3740, A Resolution Accepting Work on the Upper Valley Drainage Project No. 1987-5 and move its adoption. MEM RR/pmp CERTIFICATE OF COMPLETION CONTRACT NO , : 1987-5 DATE : January 25 , 1993 PROJECT DESCRIPTION : Upper Valley Drainage Project CONTRACTOR: Barbarossa & Sons , Inc . 11000 93rd Avenue N . Osseo , MN 55369 ORIGINAL CONTRACT AMOUNT $ 1 , 404 , 188 . 00 QUANTITY CHANGE AMOUNT $ ( 7 , 265 . 62 ) CHANGE ORDER NO , THRU NO . _ AMOUNT , , , $ 40 , 601 . 21 FINAL CONTRACT AMOUNT $ 1 , 437 , 523 . 59 LESS PREVIOUS PAYMENTS $ 1 , 437 , 023 . 59 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, 111:' 4 /// Professional Engineer RESOLUTION NO. 3740 A Resolution Accepting Work On The Upper Valley Drainage Project No. 1987-5 WHEREAS, pursuant to a written contract signed with the City of Shakopee on July 12, 1989 , Barbarossa & Sons, Inc. , 11000 93rd Ave. N. , Osseo, MN 55369 has satisfactorily completed the Upper Valley Drainage Project - Phase I, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAROPEE, 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 Metropolitan Waste Control Commission Mears Park Centre, 2330 gist Fifth Street, St. Paul, Minnesota 55101-1633 --- — — — _ 612 222-8423 January 29, 1993 ,FEB 17993 To Whom It May Concern: The Metropolitan Waste Control Commission will be holding a public hearing regarding our sale of property in Shakopee and are notifying you in the event you're interested in attending. As stated on the public hearing notice the purpose of this meeting is for the Commission to determine if sale of this property is advisable. Below you'll find a copy of the public hearing notice which will be published in the Shakopee Valley News and other papers. NOTICE OF PUBLIC HEARING The Metropolitan Waste Control Commission (MWCC) has scheduled a public hearing regarding sale of property on Eagle Creek Road(County Road 16) in Shakopee, MN. The property is one contiguous unimproved parcel involving just under 590 acres. The hearing is scheduled for Tuesday, February 16, 1993 at 3:00 p.m. in Mears Park Centre, first floor Council Chambers, 230 East Fifth Street, St. Paul, MN. At the hearing the Commission will meet to determine if the sale is advisable. A complete legal description is available upon request. Abstract legal description: Part of the east 1/2 of Section 16, part of west 1/2 of Section 15, part of the northeast 1/4 of the northeast 1/4 of Section 21, and part of the northwest 1/4 of the northwest 1/4 of Section 22, Township 115, Range 22. The public may see the terms and conditions of the sale at the Commission's Central Offices, 6th Floor, Mears Park Centre, 230 East 5th St., St. Paul, MN 55101. Mears Park Centre and the Council Chambers are wheelchair accessible. If you need other reasonable accommodations, your request needs to be received by noon, February 12. Contact Pauline Langsdorf, Sr. Communications Specialist, at (612) 229-2100 if you have questions regarding this meeting. Equal Opportunity/Affirmative Action Employer