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HomeMy WebLinkAbout04/20/1993 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: April 16, 1993 1 . Attached is a memorandum from the Finance Director regarding utility billing. 2 . Attached are the March 1, 1993 minutes of the Shakopee Public Utilities Commission meeting. 3 . Attached are the April 8 , 1993 minutes of the Planning Commission and Board of Adjustment & Appeals meetings . 4 . Attached is the Police Newsletter for Council review. 5 . Attached is a memorandum from the Park & Recreation Program Supervisor regarding the status report for Memorial Park Playground Equipment . 6 . Attached is the Revenue and Expenditure Reports as of March 31, 1993 . 7 . On April 15th the City closed on the Pelhem Hotel property. (Gene Brown Lot) 8 . Attached is the flyer advertising the upcoming Spring Clean-up Day scheduled for May 1st . kfr TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Utility Billing Informational Memo DATE: April 8, 1993 The purpose of this memo is to update Administration and Council on the status of the city utility billing system. The City uses the LOGIS utility billing system for billing storm drainage. In 1986 when the billing started, SPUC's computer system could not handle the additional load of billing storm drainage. At that time the decision was made to bill storm drainage based on property ownership versus the "user" basis on which SPUC bills. Unless a significant change in direction is made by the Council, we will continue to bill separately from SPUC due to the different billing base. Logis had sought to buy new software for utility billing. The old software was about 20 years old and had numerous patches and enhancements. The condition of the billing software was one factor in keeping other cities from joining LOGIS. Failing to find suitable software to buy, LOGIS has been writing its own utility billing software for about the past year. Maple Grove and St. Louis Park have been testing and running parallel on the new software. Shakopee will probably convert to the new software late in 1993. The new bills will be 6.5" x 11", similar to other utility bills. Shakopee has been using postcard bills so the new bills will be a change that will mean folding and stuffing envelopes. Also, it is planned that we will include a return envelope which is something that many customers request and most cities include. The 1993 budget does not contain funding to buy a folder/stuffer but does contain funds to buy a scanner. The new bills will be bar coded so that staff can scan the bill stub when payment is received versus having to post the account number and amount paid for each account. The issue of folding/stuffing will have to be evaluated to see if using existing staff, contracting out, hiring temp. staff or buying machinery is the best alternative. This will probably be a 1994 issue. With the increase in the number of bills being sent out due to growth, a pending increase in the dollar amount of annual bills due to rate increase which would flip them over to be quarterly bills and similarly, commencing billing for the upper valley project making annual bills go to quarterly bills, we will have to monitor the work load on the Receptionist/cashier and Finance staff to see if work reassignments or staffing changes need to be considered. MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on March 1 , 1993 at 4 : 30 P.M in the Utilities meeting room. MEMBERS PRESENT: Commissioners Kirchmeier, Cook and O' Toole. Also Liaison Sweeney, Manager Van Hout and Secretary Menden. Motion by Cook, seconded by O' Toole that the minutes of the February 1 , 1993 regular meeting and the January 13 , 1993 special meeting and the February 8, 1993 special meeting be approved as kept . Motion carried. BILLS READ: City of Shakopee 20 ,032 . 00 ARA/Cory Refreshment Services 104 . 00 Athmann Industrial Medical Supplies , Inc . 126 . 50 Auto Central Supply 29. 71 Battery and Tire Warehouse, Inc. 31 . 50 Bauer Built , Inc . 1 ,047 . 35 R.W. Beck and Associates 3 ,135 . 97 Bills Toggery, Inc . 293 . 45 Border States Electric Supply 1 , 047 . 96 Brad Ragan, Inc . 454 . 95 Business Essentials , Inc . 48. 05 C & NW Transportation Co. 2,050 . 00 Chanhassen Lawn and Sports 95 . 85 City of Shakopee 16, 741 . 00 City of Shakopee 37 . 50 City of Shakopee 953 . 21 Communications Auditors 142 . 82 Cooperative Power Co. 42,677 . 11 Cy' s Amoco and Tire Center 150 . 87 DCA, Inc . 150 . 00 Deputy Registrar #135 71 . 50 Dicks Auto Repair 15 . 00 Empak Consumer Products 188 . 67 Feed-Rite Controls , Inc . 25 .00 General Office Products Co. 71 . 89 Glenwood Inglewood 15 . 06 Gopher State One-Call , Inc . 189 . 64 Graybar Electric Co. , Inc . 5,856 . 62 Hennens ICO 7 . 50 IBM 143 .00 Leef Bros . , Inc . 24 . 17 Ray LeMeiux 54. 96 M-V Termogas Co. -Chaska 8. 78 Minnesota Dept. of Health 75 . 00 Minnesota Dept . of Public Service 56 . 00 Minnesota Valley Testing Labs 70. 00 R. E. Monney and Associates , Inc. 425 . 62 Motor Parts Service Co. , Inc. 54 . 27 Municilite Co. 200. 74 NAPA Auto Parts 71 . 03 Newark Electronics 138 . 99 Northern States Power Co. 397 ,278 . 93 Northern States Power Co. 840 . 38 Northern States Power Co. 332 . 32 Northstar International Trucks , Inc . 66 . 49 OPM Information Systems 658 . 71 Eugene Pass 96 . 00 Pitney Bowes, Inc . 210 .87 Precision Metal Fabricators 58 . 00 Reach Equipment 5 , 359 . 82 Reynolds Welding Supply Co. 156 . 70 Shakopee Ford 102 .42 Shakopee Public Utilities Commission 54 . 52 Shakopee Services 43 . 67 Southwest Suburban Publishing 228 . 92 Starks Cleaning Services, Inc . 72 .42 Dean Struck 90 . 48 Total Tool 194 . 91 Transport White GMC , Inc . 360 . 67 Valiant ' s Welding, Marine and Small Engines 53 . 11 Lou Van Hout 111 . 79 Viking electric Supply Inc . 1 ,049 . 41 Viking Safety Products 70 . 52 Voss Lighting 145 . 21 Water Pro 848 . 96 Westinghouse Electric Supply Co. 174. 57 Westside Equipment 26 . 08 Yarusso' s Hardware Co. 80. 13 Deputy Registrar #135 766 .86 Thane Hawkins Polar Chevrolet , Inc . 11,367 . 00 Hialeah Meter Co. 265 . 83 Motion by O'Toole, seconded by Cook that the bills be allowed and ordered paid. Motion carried. A communication from Jon Albinson, Valley Green Business Park regarding the Shakopee Public Utilities water service line policies was discussed. Mr. Albinson was present for the discussion. The concensus of the Commission was to research the issue more in depth and come back to Mr. Albinson with their decision at a latter date . Mr. Sweeney gave the liaison report . He reported on various projects being undertaken by the City in the near future. Ken Adolf , Schoell and Madson was present to have the Commission authorize for bids for the watermain crossings for the bypass at Co. Rd. 83 and the relocation of watermain on Co . Rd. 83 Various recommendations were given by the Engineers and a discussion followed. Motion by O ' Toole , seconded by Cook to authorize Schoell and Madson to let out bids for the watermain crossings for the bypass crossing of Co. Rd. 83 and to include as an alternative the extension of the watermain South of the bypass . Motion carried. The Engineering for the watermain crossings of the bypass was discussed. The issue has been discussed with the State . The decisions must be made in a timely manner as the timetable for the State is in the very near future . Motion by Cook, seconded by O' Toole to authorize the Engineering study on the crossings on Co . Rd. 17 and 101 and Co . Rd. 18 and 101 pending the review and approval of the Utilities Manager . Motion carried. The proposals for the Engineering for the tank site was discussed . Manager Van Hout questioned the Commission as to whether there was any interest in another piece of property which had gone up for sale . The Commission' s desire was to go ahead with the Engineering for the original site proposed. The status of the long term water study was discussed . Ken Adolf , Schoell and Madson discussed with the Commission where the study was at and the plans to finalize the study are in progress . The study will becompleted within two months . Liaison Sweeney suggested that we utilize the City ' s mapping process to identify the probable location of a future watertank on the far East side of the City. The Commission directed it ' s staff to contact City staff to initiate the mapping process . Kevin Favero , R .W. Beck was present to update the Commission on the substation site search. A discussion followed on narrowing down the specific area . The process of obtaining the land was discussed. Motion by O ' Toole , seconded by Cook that the Shakopee Public Utilities Commission request the City to initiate the process of acquiring Site 1 which is 500 ft west of Co .Rd. 17 and South of 78 . Motion carried. Motion by Cook, seconded by Kirchmeier to direct staff to initiate discussion with Northern States Power Co. relative to tapping the south quarter NSP 150 KV Transmission line . Motion carried. Bill Fahey, Consultant was present to discuss various Financial issues pertaining to bonding. The process for obtaining bonding was discussed at length. Mr. Fahey will proceed with the bonding process. Motion by Cook, seconded by Kirchmeier to direct Fahey Companies to proceed with the financing details for a bond issue to be issued in 1993 for our capitol expenditures. Motion carried. Motion by Kirchmeier, seconded by O'Toole to amend the motion to include the obtaining of a bond attorney Dorsey and Whitney. Motion carried. Manager Van Hout reported on a proposed increase in the wholesale rates from Northern States Power Co. effective on April 19 , 1993 . Motion by O ' Toole, seconded by Cook to approve the water meter prices for non-water customers as listed: 5/8 inch 90 . 00 plus tax 3/4 inch 131 . 00 plus tax 1 inch 184 . 00 plus tax 1 1/2 inch 455 . 00 plus tax Motion carried . Motion by Cook, seconded by O'Toole to adopt the fees for temporary use of hydrants and other water equipment as detailed in the hydrant permit dated 2/23/93 . Motion carried. Motion by O'Toole, seconded by Cook to offer Resolution #396 A Resolution Establishing Water Rates in and For the City of Shakopee. Ayes : Commissioners O' Toole, Cook and Kirchmeier. Nayes: none. Resolution passed. Motion carried. There was one fire call for the month of February, 1993 for one hour labor. Lost time accidents for February, 1993 - there was no lost time to report . kbk)Vrt Barbara Menden, C•mmission Sec . OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 8, 1993 MEMBERS PRESENT: Madigan, Mars, Joos, Zak, Spurrier MEMBERS ABSENT: Kelly, Christensen STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant Planner Debra Zabel, Recording Secretary I. ROLL CALL Chrmn. Mars called the meeting to order to 7: 30 p.m. Roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF MARCH 4, 1993, MEETING MINUTES The meeting minutes were approved as presented. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Mars recognized anyone in the audience wishing to speak on any item not on the agenda. Jack Brambilla, 620 Monroe, was concerned with the new tax base that had been put on to his new building. He had requested a building permit in the amount of $625, 000. However, the City of Shakopee wrote in an amount of $1. 2 million. Mr. Brambilla wanted to know what the City could do to change this matter since it did not take $1. 2 million to build this building. Chrmn. Mars suggested that Mr. Brambilla bring this matter before the City Council. Comm. Spurrier explained that the Board of Appeals deals with issues related to variances to the Zoning Ordinance and could not help him in this matter. He suggested that Mr. Brambilla speak to the Board of Review. Mr. Ekola stated that he would discuss this matter with Mr. Brambilla during break. There was no further response from anyone in the audience. Minutes of the Page- 2 Board of Adjustment and Appeals April 8, 1993 V. PUBLIC HEARING: TO CONTINUE DISCUSSION ON AN APPLICATION FOR A VARIANCE TO THE REGULATIONS REGARDING ACCEPTABLE BUILDING MATERIALS AT 800 WEST FIRST AVE. Chrmn. Mars opened the public hearing to continue discussion on an application for a variance to the regulations regarding acceptable building materials at 800 West First Ave. The Assistant Planner stated that Rahr Malting Company is requesting a variance to allow the use of building materials not listed in the Zoning Ordinance for the side of the building which faces a public right-of-way. The applicants are proposing to cover a portion of their new malt tower with an off-white colored metal cladding. The Assistant Planner added that Staff recommends approval of the application for a variance to Section 11. 60, Subd. 5, Acceptable Building Materials. Chrmn. Mars questioned whether the one year variance would be sufficient, or if Rahr would want to build this structure after a year's time. The Assistant Planner stated the one year variance would be adequate. Chrmn. Mars asked the applicant or their representative to step forward. Mr. Dan Hennes, Rahr Malting Co, 800 W. 1st Ave. , gave a presentation to the committee including pictures and a model of the new structure. Mr. Hennes stated there had been no anticipation of the need to put any type of siding on the new building, but due to temperature loss from the bottom of the building to the top, there is a need to insulate. Chrmn. Mars asked whether this building would be painted either white or blue to match the other buildings. Mr. Hennes stated painting would be a tremendous expense and that painting on concrete just doesn't work. Comm. Spurrier asked if the building would have a metal sheeting, as do the other buildings. Mr. Hennes stated the building being referred to was the kiln and the other building would be of the same materials. Mr. Jerry Blomquist, Planning Engineer for Rahr, described the difference between building 4 and 5 and why there is a discoloration on the building. He stated the new building Minutes of the April Paag3 3e 1-- Board of AdjusUnent and Appeals would have the same material, but be a different type of system. Chrmn Mars asked if there was anyone in the audience who would like to come forward and speak on the issue. There was no response. Motion: Comm. Joos/Spurrier offered Variance Resolution No. PC-654, A Resolution Approving a Variance to Section 11. 60, Subd. 5, Acceptable Building Materials, and moved its adoption. Chrmn. Mars asked if there was any discussion. Comm. Spurrier voiced concern as to the maintenance of the structure and whether there would be new management at some point and they would not take care of it as Rahr has in the past. Chrmn. Mars wondered if when the logo is placed on top of the building if that would be handled through the sign ordinance and whether there would be a height restriction. The Assistant Planner stated that it would be handled by the sign ordinance and stated if the logo were attached to the building there would be no height restriction. Comm. Joos stated he would be in favor of additional siding and having the building the same color as the other buildings. Mr. Hennes, Rahr Malting Co. , stated there may be the need to insulate the whole thing and if that happened then they could side the buildings all the same color. Vote: Motion carried unanimously. VI. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A VARIANCE TO THE NUMBER OF PARKING STALLS REQUIRED FOR A RESTAURANT OPERATION AT 837 E. 1ST AVE. Chrmn. Mars opened the public hearing to consider an application for a variance to the number of parking stalls required for a restaurant operation at 837 E. 1st Ave. The Assistant Planner stated that Kentucky Fried Chicken is proposing to demolish their existing restaurant and Jerry's Pizza, in order to combine the lots and construct a new Kentucky Fried Chicken Restaurant. The applicant is requesting a variance of 6 parking stalls to the 49 parking stalls required by Section 11. 5, Subd. 3 . This portion of the Minutes of the Page-4 Board of Adjustment and Appeals App 8, 1993 City Code states that the number of required parking spaces for a Class II restaurant is "one stall per 50 square feet of floor area, plus one for every three seats" . She stated that the applicant is also requesting a Conditional Use Permit to operate a Class II restaurant within the Highway Business Zoning District. This would be discussed at the Planning Commission meeting later in the evening. The applicant recently purchased the two lots to the north of the vacated alley. A single family residence currently exists on the northern portion of one of these lots. The applicant will be using the southern portion of these lots for parking area for the restaurant, and will be removing the structure within a year so that they can expand the parking lot area by an additional 22 stalls. The Assistant Planner stated that Staff recommends approval of the request. Comm. Joos asked whether this was just a temporary situation until the residents were out of their house. The Assistant Planner stated that was correct. Chrmn. Mars questioned the time for the removal of Jerry's Pizza and the reconstruction of the Kentucky Fried Chicken. The Assistant Planner stated the old Kentucky Fried Chicken would remain in operation until the new facility was completed. Chrmn. Mars asked if there were further questions of Staff. There was no response. Mr. Gary Hopfenspirger, Representative for Kentucky Fried Chicken, wanted to clarify that they have obtained a permit from the State of Minnesota for the curb cuts cited in the plan. He stated that because of the drive thru lane, the power pole would need to be moved and therefore, there would be enter/exits off Dakota Street. He stated that 8-10 weeks after digging the new store should be finished. Chrmn. Mars requested more information on the landscaping to be addressed with the building permit. Mr. Hopfenspirger stated they would be doing a lot of landscaping. Comm. Joos wondered about the time frame on the house. MinutePage -5 Minutes of the April a, 5 Board of Adjustment and Appeals Mr. Hopfenspirger stated that as soon as the property owner moved, they could demolish the building and get started immediately. He stated they would like some type of buffer zone to the north of the building, since they feel they may have some problems with extra parking for customers at the bar next door. He also stated there would be no enter/exits to the north, but only off of East 1st Avenue and Dakota Street. Comm. Joos asked whether there was agreement to purchase the house at this time. Mr. Hopfenspirger stated there is a purchase agreement and the closing date is set of April 22 . Comm. Spurrier asked whether they would need a variance to the parking ordinance if they would be in compliance with the conditional use permit. Mr. Ekola stated that the ordinance would not allow for the building permit to be released without the variance. Chrmn. Mars asked if there was any further questions of the applicant from the Commission. There was no response. Chrmn. Mars asked if there was anyone in the audience who would like to come forward and speak on the issue. Mr. Mike Stevens, 823 Bluff Avenue, said he had no problem with this project as long as there would not be an enter/exit onto Bluff Avenue. He also liked the idea of a buffer between the restaurant and the homes. Chrmn. Mars asked if there was anyone else in the audience who would like to come forward and speak on the issue. There was no response. Motion: Comm. Joos/Zak moved to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Joos/Madigan offered Resolution No. PC-655, A Resolution Approving a 6 Stall Variance to the Required Number of Parking Stalls for a Class II Restaurant, and moved its adoption. Chrmn. Mars asked if there was any discussion. Chrmn. Mars questioned whether the 18 month time frame would be sufficient for the moving of the house. Minutes of the PW- 6 Board of Adjustment and Appeals April 8, 1993 Mr. Hopfenspirger stated that once the residents moved out of the house, they would start construction. Members of the board were concerned as to the time frame. Comm. Spurrier wanted to note that the applicant would have to obtain a conditional use permit and he also felt that they should be allowed to build with six fewer parking stalls than Code requires. Chrmn. Mars if there was any further discussion. There was no response. Vote: Motion carried unanimously. VI. OTHER BUSINESS: There was none. VII. ADJOURNMENT Motion: Comm. Joos/Spurrier moved to adjourn the Board of Adjustments and Appeals at 8: 06 p.m. Vote: Motion carried unanimously. OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Regular Session Shakopee, Minnesota April 8, 1993 MEMBERS PRESENT: Madigan, Mars, Joos, Spurrier, Zak MEMBERS ABSENT: Kelly, Christensen STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant Planner Debra Zabel, Recording Secretary I. ROLL CALL Chrmn. Joos called the meeting to order at 8: 06 p.m. The roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was amended to add a meeting date for the Zoning Ordinance update, and a reminder for the April 22nd special meeting to other business. The agenda was approved as amended. III. APPROVAL OF THE MARCH 25, 1993 MEETING MINUTES Chrmn. Joos wanted to clarify that on page 11, there was a motion made by Comm. Kelly with Comm. Madigan seconding to continue the public hearing and later on it states that Chrmn. Joos second when there already was a second on the table. Minutes were approved as corrected. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Joos recognized anyone in the audience wishing to speak on any item not on the agenda. V. ANNUAL REVIEW - NBZ Mr. Ekola stated that Staff needed additional time for the review and asked that the Planning Commission table this item until the May meeting. Motion: Comm. Mars/Spurrier moved to table the annual review until the May 6th meeting. Vote: Motion carried unanimously. VI. PUBLIC HEARING CONTINUED: TO CONSIDER AN AMENDMENT TO THE STONEBROOKE PLANNED UNIT DEVELOPMENT AND THE PRELIMINARY PLAT OF STONEBROOKE 2ND ADDITION, LOCATED SOUTH OF CR 78, EAST OF CR 79 AND WEST OF TIMBER TRAILS ADDITION Chrmn. Joos opened the public hearing to consider an amendment Minutes of the Page- 2 Shakopee planning Commission Apri1 8, 1993 to the Stonebrooke Planned Unit Development and the Preliminary Plat of Stonebrooke 2nd addition, located south of CR 78 , east of CR 79 and west of Timber Trails Addition. Mr. Ekola stated there was a clarification needed on the Staff report for the relocation of 5 twin homes instead of 4 twin homes from the 1st addition to the 2nd addition. He stated there would be the same amount of twin homes, but all would occur in phase two. Six of the twin homes would be on Abbey Point and three would be on Fairhaven Drive. There are three basic amendments of this PUD. One is the relocating of 4 twin homes to Abbey Point. Originally two were to be on Abbey Point. The applicant, through the PUD review process, is requesting variances from the lot area, the lot size, and required frontage to a public street for the 12 units. The Building Department staff has reviewed the additional information on the proposed septic system design based on percolation and soil boring information. This can be utilized for residential units and the approval of specific design of the individual septic systems has to occur prior to the release of the building permit. The second proposed amendment is changing Outlot A from commercial to single family residential development. There are two drain field sites for each particular lot. The third proposed amendment is the expansion of the golf course parking lot with 36 additional stalls. There have been no curb cuts proposed. One of the requirements of Staff would be that the Homeowner's Association be responsible for the annual inspection of on- site sewer systems. This condition had not been complied with to date. However, the applicant is aware of the requirement and is working to get that straightened out. Mr. Ekola stated that Staff was recommending approval of the proposed amendments to the Stonebrooke PUD, subject to the ten conditions as listed in the staff report. Comm. Zak asked for clarification on the relocation of the lots from the 1st addition to the 2nd addition. Mr. Ekola stated that what was being proposed was to relocate the density that would occur within the first phase and moving it to 2nd addition. Mr. Ekola stated there would be no change in density occurring with the move. Comm. Zak said that moving these locations would result in changes in physical design, logical balance and the septic situation and wondered if this was allowable within the ordinance. Minutes of the Page- 3 Shakopee Planning Commission April 8, 1993 Mr. Ekola stated that the only requirement would be to amend the PUD, and that is what the applicant has applied for. He explained that there are requirements for the septic systems. There has to be a minimum area of one acre and a minimum of two drain field sites, primary and secondary. Mr. Ekola informed the Commission that these requirements have been met and there is an additional acre available for easements for the drain fields. Chrmn. Joos asked if there were any further questions of Staff. Comm. Mars wanted to know if the developer's sample testings had been shared with Scott County. Mr. Ekola stated that the samples were taken from the original PUD in 1987 and he assumed that the samples had been shared with Scott County. Chrmn. Joos asked if there were any further questions of Staff. There was no response. Chrmn. Joos asked the applicant to come forward and address the Commission. Mr. Gary Laurent, Laurent Builders, Inc. , stated that the soil borings and percolation tests had been done and all comply with the ordinance. Mr. Laurent stated that he did not feel the allegations from Frederickson and Byron were relevant at this meeting. He also stated that on-site sewage system information had been submitted to Scott County. Comm. Mars wanted clarification as to the letters sent to Mr. Freuchette, Scott County, concerning the on-site sewage system. Mr. Laurent stated that the only reason the County got involved in this process was due to an EAW that was required as part of the study. Chrmn. Joos stated that he would like a copy of the letters corresponding with Mr. Freuchette. Mr. Laurent stated the reasons for moving the twin homes was that the homes on Londonderry Cove that the road would partially be on City property. This part of the City property had been acquired by LawCon funds and therefore have restrictions that the City not use this land for any other purpose except for parks. Because of this problem, the road had to be moved, which moved the homes farther into the wooded area and they felt that the wooded lots should not be destroyed. With the movement of the homes, they could have a Minutes of the Page- 4 April 8, 1993 Shakopee planning Commission more efficient maintenance area for the Homeowner's Association and better accommodation of the sewage systems. Chrmn. Joos asked whether there were any problems with the current septic systems at Stonebrooke. Mr. Laurent stated there was not. Mr. Laurent stated the Home Owners Association would be responsible for the sewage maintenance. However, they have not yet signed for that but the developer has. The Association would be responsible for annual inspections of sewage systems. Comm. Mars stated that with the changing of Outlot A from commercial to single family that the density would be maximized under the PUD ordinance and it would not allow further growth in this development. Chrmn. Joos reminded everyone it was a public hearing and asked if anyone in the audience wishing to speak to the issue to step forward. Mr. John Schmitt, 1015 South Main Street, stated that he had been on the Planning Commission when this project was first started and that he was involved in the design implementation of the PUD. He had concern over Abbey Point that the density would be increased approximately 50 percent. He stated that each unit would require a half acre plus one acre around the lot. However, he felt there would not be enough acreage available at Abbey Point. Mr. Schmitt stated that the septic system space would be partially into the golf course. He suggested the soil borings from 1987 may not be any good after all this moving around is done. He also stated there are wetlands in this area and that the DNR would not approve of them being used as a drainage area. Mr. Schmitt suggested to the Planning Commission to have the inspections redone in this area. He felt the cart house should not be built since it was not part of the original plan. He wanted to know whether a portion around Timber Trails had been incorporated into the PUD and how the walkway easement would fit into this. Chrmn. Joos asked whether Mr. Schmitt could explain the half acre lot size with septic system on the golf course. Mr. Schmitt informed the Planning Commission of past practice with the septic systems. He stated further that if there was a community sewer in this project he would not have a problem with continuing it. Mr. Kent Harbinson, Frederickson and Bryant law firm, brought to the attention of the Commission past occurrences of this Minutes of the Page- 5 Shakopee Planning Commission April 8, 1993 project. He did not feel the Homeowner's Association inspection reports had been accomplished. He stated that the density would be doubling without even knowing what the on- site sewage reports would reveal. Mr. Harbinson stated that it appeared to him that Mr. Laurent had already started building the parking lot. He suggested that Staff look more thoroughly into the percolation tests and soil borings. He stated that some dirt had been put into O'Dowd Lake and wondered whether the DNR knew what was going on. Mr. Don McKush, 15279 Howard Lake Road, asked why Lot 4 was being developed when it originally had been recommended not to be developed. He stated there would not be enough land for the extra half acre needed if two homes were built on the property designated for one home. He also had concern on the sewage system and whether it would partially be in the golf course. He had asked about the set-back variance. Mr. Ekola stated that the Staff report identifies variances necessary for lot area, lot size, and location next to a public right-of-way. Mr. Laurent commented that Abbey Point is being increased from 8 to 12 units and it is not double. He stated that in terms of the letters submitted from his company about the comparisons of the projects, they were not concerning density, but rather makeup of ownership. Mr. Laurent stated that the number of units is very well shown in the PUD. He stated there has been the intention to request an amendment for density transfer, but were waiting until the first phase was measured. He explained that the pathway and tee on #7 was an agreement between the City of Shakopee, Timber Trails, and the developer after the PUD was completed. He stated that if the lots are one acre in size then no additional sewage easement had to be dedicated. Chrmn. Joos stated that the issues concerning the Notermann's and the neighborhood meetings were not relevant at this time. Mr. Laurent stated that he had recently received information from a tester licensed by the Pollution Control Agency stating its approval of the soil situation. He stated there has been no construction started on the parking lot. He explained that the work done on #7 was approved by the DNR. Comm. Mars asked how long it would take to get testings of septic systems to the Commission. Mr. Laurent suggested making this a condition of the approval and that it be submitted by a licensed inspector. Minutes of the Page - 6 Shakopee Planning Commission April 8, 1993 Comm. Spurrier commented on the change of the development from the original PUD. Mr. Schmitt commented that the change is not to approve a PUD within a PUD which might require a separate Homeowner's association. Mr. Laurent stated that the documents concerning the associations have not changed since the first approval of the project and that instead of five units on Londonderry Cove, they are just being transferred. Mr. Harbinson wanted answers about on-site sewage systems. Comm. Mars asked whether Mr. Hutton would comment on the soil samples. Mr. Hutton stated the septic design and soil analysis is governed by a Scott County ordinance, which was adopted by the City. He stated that he did not wish to comment because this is under the jurisdiction of the Building Department. Chrmn. Joos asked if there were any other comments or questions. There was no response. Motion: Comm. Madigan/Spurrier moved to close the public hearing at 9: 30 p.m. Vote: Motion carried unanimously. Comm. Zak was still concerned about transferable zoning. He also stated he would like more information on the sewage inspections. He also stated concerns about density, sewage and waste water. Chrmn. Joos asked how much time it would take to get inspections of the on-site sewer systems. Mr. Laurent stated it would probably be June or July. Mr. Ekola stated that condition number 5 recommended July 1. Chrmn. Joos suggested moving that date up and asked whether they were involved in the Homeowner's Association. Mr. Laurent stated they were in compliance with the Homeowner's Association and asked that the date change be made a condition of the approval. He stated they would like to continue with the golf course if this project would be held up for some time. Page- 7 Minutes of the Apr g 1993 Shakopee Planning Commission Comm. Spurrier stated he would like information on the sewage systems and suggested possibly tabling this mater until the May meeting. Chrmn. Joos stated that there are three different issues involved and asked if they could be separate votes. Mr. Ekola felt it was appropriate that the Commission move forward on the two amendments and table the third. However, he would check over the course of a break whether they could be separated. Chrmn. Joos recessed the Planning Commission meeting at 10: 03 p.m. for a short break. Chrmn. Joos resumed the Planning Commission meeting at 10: 10 p.m. Mr. Ekola stated that the projects could be separated and dealt with individually. Motion: Comm. Mars/Zak offered to recommend to the City Council approval of the 2nd and 3rd amendments to the Stonebrooke PUD as recommended by staff. Chrmn. Joos asked if there was further discussion. Comm. Spurrier asked if there were any drainage facilities that cross Block 12 . Mr. Ekola stated that since that area was platted as Outlot A, there probably is not drainage facilities but that would be addressed in the platting process. Mr. Hutton stated that during the platting process they could get drainage easements. Chrmn. Joos asked if there was further discussion. There was no response. Vote: Motion carried unanimously. Motion: Comm. Zak/Madigan moved to table the decision on Amendment No. 1, pending sewage test results. Comm. Spurrier suggested setting a time limit and stating specifically what type of report is requested. Comm. Zak stated that the PUD would be requesting a format and that would be suitable. Minutes of the Page- 8 Shakopee Planning Commi cion April 8, 1993 Mr. Ekola stated septic systems information would be submitted to the City and suggested tabling until the July meeting to give Staff enough time to prepare these items. Mr. Laurent stated he needed the report before July 1 and suggested tabling to the meeting in June and hopefully they would have the report by that time. Otherwise it could be tabled until the July meeting. Comm. Spurrier suggested that everyone in the audience wishing to be contacted about this matter leave their name and phone number so they could be reached. Vote: Motion carried unanimously. VII. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT TO OPERATE A CLASS II RESTAURANT AT 837 E. 1ST AVE. The Assistant Planner stated that the applicant is proposing to demolish their existing Kentucky Fried Chicken restaurant and Jerry's Pizza in order to construct a new Kentucky Fried Chicken Restaurant. The applicant is also currently requesting a 6 parking stall variance to the 49 parking stalls required by Section 11. 05, Subd. 3 from the Board of Adjustment and Appeals which was approved. The public hearing regarding this variance request has already been held this evening, and a lot of the history regarding this site has already been discussed. The existing restaurant has not received a Conditional Use Permit in the past. However, before a building permit could be approved for the new structure, a Conditional Use Permit is required. The Assistant Planner stated that Staff is recommending approval of this Conditional Use Permit subject to five conditions. Mr. Hopfenspirger was available for questions. Chrmn. Joos opened the public hearing. Comm. Mars requested adding Condition number 6, stating there will be no access allowed onto Bluff Avenue. He also suggested adding Condition number 7 in regard to landscaping. Mr. Ekola stated the ordinance would require one tree every 50 feet along the public rights-a-way and parking in that set back would have to be screened. Those requirements would need to be complied with in order to approve the Building Permit. Comm. Mars stated there would be no need for a Condition Number 7 at this time. Minutes of the Page- 9 Shakopee Planning Comminion April 8, 1993 Comm. Spurrier suggested having a screening condition since the parking will not be within the front yard set back. Mr. Ekola stated that when commercial businesses are adjacent to residential streets there are screening and landscaping requirements. Comm. Mars stated that to the west of the drive-in, there are two parking stalls and wondered if they were counted. The Assistant Planner stated they were not included in the design. Mr. Hopfenspirger, representing Kentucky Fried Chicken, stated that the only use for those two stalls would be for a delay in the drive-thru. Motion: Comm. Zak/Mars moved to close the public hearing. Vote: Motion carried unanimously. Chrmn. Joos closed the public hearing at 10:30 p.m. Motion: Comm. Zak/Madigan offered Conditional Use Permit Resolution No. PC-656, A Resolution Granting a Conditional Use Permit to Kentucky Fried Chicken of Shakopee, Inc. to Operate a Class II Restaurant within the Highway Business (B-1) Zoning District, and moved its adoption. Chrmn. Joos asked if there was further discussion. There was no response. Vote: Motion carried unanimously. VIII PUBLIC HEARING: TO CONSIDER THE PRELIMINARY PLANNED UNIT DEVELOPMENT OF WESTRIDGE BAY ESTATES II, LOCATED ALONG THE SOUTHEAST EDGE OF O'DOWD LAKE AND NORTH OF CR 14. Chrmn. Joos opened the public hearing to consider the Preliminary Development Plan for the Planned Unit Development of Westridge Bay Estates II, located along the southeast edge of O'Dowd Lake and north of CR 14 . Mr. Ekola stated this was a proposal for rural residential development to cover approximately 130 acres of land located north of CR 14 and south of O'Dowd Lake. Staff has reviewed the Environmental Work Sheet and determined that the project does not exceed the threshold for the number of units. Mr. Ekola stated they would submit the EAW to the Planning Commission at the next meeting. Chrmn. Joos asked the applicant or their representative to come forward and address the Commission. Minutes of the Apr i1 8,Page-10 -10 Shakopee Planning Commiion 1993 Mr. Darrel Gonyea, Westridge Bay Company, expects to develop a high class neighborhood. He suggested that the Commission look at other developments he has been involved in to get an idea of what he is proposing in Shakopee. Mr. Michael Gair, McCombs Frank Roos Associates, Inc. , gave a lengthy presentation on what is proposed for this project using diagrams of the proposed landscaping, vegetation, soil review, etc. He also provided aerial views of the property and a slide presentation of a similar development. Chrmn. Joos asked if there were questions or comments from the Commission and suggested continuing this to the next meeting. Comm. Spurrier asked if the applicant could explain what public use could be made of the open space. Chrmn. Joos stated he had concern about the drainage plan for roadway, with the salt runoff, runoff from fertilizer from lawns, and the number of boat stalls requested since it is a small lake. He wanted to see them recognize two septic sites for each lot. He wondered whether they would have community water or individual wells. Mr. Michael Gair stated they have not decided on whether to have community water or wells as of yet. He stated that as far as the open space, that would be left open to bring back some of the natural land by planting trees, flowers, etc. Chrmn. Joos suggested giving the developers an idea as to the Commission's opinions regarding this project. He stated that a PUD was a good choice, but felt that 2 1/2 acre sites were too much. Chrmn. Joos asked if there was anyone in the audience that would like to come forward. Mr. Mike Winslow, 14545 Lakeville Circle, did not feel there would be enough land on the peninsula to build these units and have a wide enough cul-da-sac. He also stated concern of all the docks being proposed and this would cause a lot of traffic to the lake and it was not a big enough lake for speed boats. Mr. Gonyea stated this land was above the OHW and that's the land that was measured on the peninsula. There would be sufficient land space. Mr. Harold Schneider, 3300 Valley View Road, stated that there is already public access on the lake and there would be a lot of traffic on the lake as a result of more docks. Minutes of the Page-11 Shakopee Planning Commission April 8, 1993 Chrmn. Joos asked if there were further questions or comments by Commission. There was no response. Motion: Comm. Zak/Mars moved to close the public hearing. Vote: Motion carried unanimously. VI. PUBLIC HEARING: TO CONSIDER A CONDITIONAL USE PERMIT TO ALLOW A STRUCTURE IN EXCESS OF THE REQUIRED MAXIMUM 45 FEET HEIGHT LIMITATION ON A PROPERTY LOCATED ON THE SOUTHWEST CORNER OF VALLEY PARK DR. AND VALLEY INDUSTRIAL BLVD. S. The Assistant Planner stated that Mr. Warren Dunlap, Property/Acquisition Manager for Cellular One, has submitted an application for a Conditional Use Permit to construct a structure in excess of 45 feet in height within the Heavy Industrial Zoning District. The Assistant Planner stated that since the writing of the staff report, Shakopee Public Utilities has commented that the applicants are proposing to plant a tree over an underground distribution line. Any trees or fences will be required to be at least 10' from this and other buried lines. The Assistant Planner stated that Staff recommends approval of the Conditional Use Permit, subject to the three conditions discussed in the Staff report. The Assistant Planner stated that in addition to these 3 conditions, staff recommends Condition No. 4 , that, "The applicant shall submit documentation verifying approval of the communications tower by Flying Cloud airport, the Metropolitan Airports Commission and the FAA" . Mr. Dunlap was at the meeting and available for questions. Chrmn. Joos opened the public hearing. Mr. Warren Dunlap, 2515 24th Avenue South, Mpls. , stated he was aware of the buried line and stated they would not be planting there. He wanted clarification about the FAA. The Assistant Planner stated that since the tower would be close to the Flying Cloud Airport, the City wanted their okay with the location. Mr. Dunlap stated they have made application to the FAA and that is a three month process and he would submit that at that time. Motion: Comm. Spurrier/Madigan moved to close the public hearing. Minutes of the Page-12 Shakopee Planning Conunit�sion April 8, 1993 Vote: Motion carried unanimously. Motion: Comm. Spurrier/Madigan offered Conditional Use Permit Resolution No. PC-657, A Resolution Granting a Conditional Use Permit to Cellular One to Construct a Structure in Excess of 45 feet in Height within the Heavy Industrial (I-2) Zoning District, and moved its adoption. Vote: Motion carried unanimously Mr. Dunlap asked whether they would have final approval when they submitted the material from Flying Cloud Airport and FAA. Chrmn. Joos stated yes, as long as the conditions were met. X. ZONING ADVISORY COMMITTEE Mr. Ekola stated that the City Council approved the creation of a Zoning Advisory Committee .and wanted suggestions of 12 possible members. There are no specific requirements, but possibly being interested in serving on the Committee and some background with the Planning Commission, or City Council, or developers within the community. Chrmn. Joos asked about the times when the meetings would be held, during the day or evenings. Mr. Ekola stated probably evenings and suggested the Commission submit names to the City Attorney. The Planning Commission suggested a number of names to Mr. Ekola. XI. ZONING ORDNANCE UPDATE MEETING Mr. Ekola stated that the City Attorney was requesting a meeting Thursday, May 20, to review the first draft of part one of Zoning Ordinance Update. He stated that the City has hired a consultant to work on a series of items which are required to be reviewed by the Planning Commission by law. MEETING APRIL 22ND FOR CONTINUATION OF LAND USE PLAN FOR EAST SHAKOPEE, SHAKOPEE 500 Chrmn. Joos stated there would be a meeting on April 22nd. VII. ADJOURNMENT The meeting adjourned at 11: 55 p.m. 1*- t5 Memo To: Dennis Kraft, City Administrator From: Mark McQuillan, Program Supervisor Subject : Status Report for Memorial park Playground Equipment Date : April 13, 1993 INTRODUCTION At its March 17, 1993 meeting, the City Council authorized staff to prepare plans and bid specifications for playground equipment at Memorial Park. Based on Council' s action, there will be two designs; one in the $25, 000 price range and another in the $50, 000 price range. STATUS At the request of City staff, Earl F. Anderson, Inc . will do the basic conceptual design and specifications for the two playground designs . These specifications will be used as guidelines for submitting bid proposals and will be incorporated into the contractual agreement . Since no two manufacturers of playground equipment design equipment identical to their competitor, bidders may substitute a piece of equipment that is different from what is shown on the specification sheet as long as the bidder explains the alternative . The City will be responsible for site preparation and installing the border, pea rock and access paths . The supplier' s bid shall include cost of equipment, shipping charges, delivery and installation of equipment including the resilient surface and pad. 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N — ca A ill D1 cA - ‘C] ill a) CZ „,. c i„, 4 -,-----3 si �r yld (( ? E Q o � c I ao - --, �” I f -4= U U TENTATIVE AGENDA ADJ.REGULAR SESSION SHAKOPEE, MTNNESOTA APRIL 20, 1993 LOCATION: City Hall, 129 Holmes Street South Mayor Gary Laurent presiding 1] Roll Call at 7: 00 P.M. 2] Approval of Agenda 3 ] Liaison Reports from Councilmembers 4 ] Mayor's Report 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6] 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 considclud in its normal sequence on the agenda. ) *7] Approval of Minutes of March 30th and April 6th, 1993 8 ] Communications: None 9] 7 : 00 P.M. Public Hearing on proposed improvements to downtown alleys by undergrounding of overhead electric and pavement, Project No. 1993-9 - Res. 3782 10] Boards and Commissions: Planning Commission: a] Amendments to the Stonebrooke Planned Unit Development, Res. No. 3778 11] Reports from Staff: a] Brian Stately Application for Tattoo License - tabled April 6th - memo on table *b] Purchase of Holiday Time c] Fire Station - Heating/Cooling Roof Top Unit Replacement *d] Former Recreation Building - Lease Agreement e] Referendum Issues f] Tahpah Park Concession Stand Improvement Project *g] Alley Grader Purchase *h] Box for One Ton Truck - Parks Division *i] Engineering Tech II Position *j ] Civil Engineer Position - Res. No. 3785 *k] Application for Massage Center License *1] Approve Bills in the Amount of $545, 430. 18 TENTATIVE AGENDA April 20, 1993 Page -2- 12] Resolutions and Ordinances: *a] Res. No. 3779 - Establishing State Aid Highway, Spencer from 4th to 10th *b] Res. No. 3780 - Setting A Public Hearing on The 1993 Sidewalk Replacement Program, 1993-11 *c] Res. No. 3781 - Approving Premises Permits for VFW *d] Res. No. 3783 - Authorizing Execution of Agreement #70600M, Construction & Maintenance of Traffic Signals for Hwy-169 Bridge & Mini Bypass *e] Res. No. 3784 - Amending Res. No. 3071, Adopting the Downtown Streetscape Assessments 13] Other Business: a] b] c) 14] Recess for an executive session to discuss litigation 15] Re-convene 16] Adjourn Dennis R. Kraft City Administrator REMINDER: Joint Meeting With SPUC April 27th at 6 : 00 P.M. OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA MARCH 30 , 1993 Mayor Laurent called the meeting to order at 7 : 00 PM with Cncl . Vierling, Lynch and Sweeney present . Councilor Beard arrived late . Also present : Dennis R. Kraft, City Administrator; Dave Hutton, Public Works Director; and Judith S . Cox, City Clerk. Councilmembers added to the other business portion of the agenda: 800 megahertz, project design consultants and project reports . Mayor Laurent gave instructions to the audience as to the procedure of the public hearings . Mayor Laurent opened the public hearing on Spencer Street, 1st Avenue to Shakopee Avenue at 7 :08 p.m. Mr. Hutton stated some basic information that would be used for all the projects, stating that 25 percent of the costs would be assessed and 75 percent would be paid for by the general public tax levy. The assessments are based on a 36 foot wide street . Shakopee Public Utilities will be paying for the water mains . There will be credits for sidewalks that have been replaced over the last few years . Mr. Hutton held a presentation on the Spencer Street project using the zonal assessment plan on this Collector street and suggesting sidewalks on both sides of the streets . Discussion followed on whether or not previous Council discussions and consensus to not assess new sidewalks was ever put into a policy. Mr. Hutton responded that he doesn' t know it was official policy but that the sidewalk portion can be eliminated from the assessment cost if that is Council' s desire. Mayor Laurent opened the public hearing at 7 :30 p.m. (Cncl . Beard now present . ) Joelle Sawvel, 320 E. First Avenue, wanted the zonal assessment plan described further. Ms . Sawvel was concerned as to whether the alley would need to be improved to pick up some traffic . It was Mr. Sawvel' s opinion that these improvements should come out of the general fund. Mr. Sawvel stated that he objected to the zonal assessment being used for this project . Mr. Hutton stated that there was no current need to improve or change this alley in any way. Rod Clemens, 402 E. 4th Avenue, did not feel that since the City wanted these improvements and to make Spencer into a thoroughfare, that the people that live on the street should have to pay for them. Official Proceedings of the March 30, 1993 Shakopee City Council Page -2- Audrey Monnens, 338 E. 4th Street, wanted her lot to be sloped to meet the street and wanted to know what would happen to the trees on her lot . Ms . Monnens did not feel the curb and gutter needed any improvements and was curious as to the amount of traffic that was predicted for the future. Mr. Hutton stated the ground utilities and the age of the street were the main reasons for the improvements to Spencer Street . Also, informed the audience that the street would remain at the width it is now and therefore the trees could remain as is. Mr. Hutton also stated that if residents had replaced curb and gutter and/or sidewalks within five years they could obtain a credit . Mr. Hutton had no estimates on future traffic but stated that Spencer would not connect with Hwy 169 Bypass . Edward Siebenaler, 322 E. 5th Avenue, was confused as to why he had two assessments. Walter Ruhland, 716 Spencer Street, suggested the streets be lowered approximately 8 inches between 7th and 8th to stop the collection of water. Steve Thomas, 336 2nd Avenue E. , wondered whether the new sewer service would need to involve digging in the yards . Mr. Hutton stated that it would be replaced, but that the main connects to the property line about 16 feet behind the curb or property line. Oliver Wittenberg, 845 Spencer Street, would not like to see sidewalks put in, but stated he was in favor of the improvements . Dave Thompson, 336 E. 8th Avenue, wondered whether there would be sidewalks put in on both sides of the street on 8th Ave. Mr. Hutton stated there would not be sidewalks put in except by the church. Mr. Thompson was curious if he sold his house if he would be responsible for the assessment fees . He suggested putting in stop signs on the corner of 8th Avenue and making sure there won' t be any heavy trucks on the streets . Mayor Laurent explained the payment of the assessment plan and the appeal process . Also informed the audience that if the house was sold, the mortgage company would require the assessments be paid in full by the seller prior to closing. Lori Plieseis, 412 E. 4th Street, did not feel that she should be assessed for this project and thought the public, in general, should pay for the improvements . Joelle Sawvel, 320 E. First Avenue, commented that it would save money if the City would put in the sewers and pipes before they paved as in the Second Avenue was done . Mr. Sawvel was curious as to what the sewer service was . Official Proceedings of the March 30, 1993 Shakopee City Council Page -3- Mayor Laurent explained the sewer service and why it would cost $500 . Audrey Monnens, 338 E. 4th Avenue, did not feel sidewalks were needed, but suggested putting in stop signs . Mayor Laurent closed the public hearing at 8 :10 p.m. Lynch/Vierling offered Resolution No. 3766, A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for Spencer Street, 1st Avenue to Shakopee Avenue, Project No. 1993-7 and moved its adoption. Cncl . Vierling clarified that ordering the project is with the understanding that the sidewalks are a part of the policy that the City is putting sidewalks on collector streets at no cost to property owners . If that is not a policy then a policy would have to be retroactive to this project. Staff was directed to look into the City' s policy on new sidewalks prior to the assessments being levied. Motion carried unanimously. Mayor Laurent opened the public hearing on the 8th Avenue, Atwood Street to Spencer Street at 8 :11 p.m. Cncl . Sweeney voiced concern with how many projects would be able to be designed in-house and if they would be able to be completed in ' 93 . Mr. Hutton informed Council that the new staff had not yet been hired and these projects would not all be able to be done in-house and that it could be cheaper using consultants . Mr. Hutton held a presentation on the project based on a frontal assessment . Leslie Schultz, 228 W. 8th Avenue, wanted to know whether sidewalks would be installed. She wanted to know if she could get her driveway matched to the level of the street and how that could be provided. Mr. Hutton stated that staff would not be recommending sidewalks be added to the project, just keep the ones there. Virginia Bartholomew, 130 W. 8th Avenue, commented that she would like to see the street stay at 44 feet and that if there would be partial sidewalks this would mean a lot of traffic through their lawns . Official Proceedings of the March 30 , 1993 Shakopee City Council Page -4- Linda Hegreberg, 132 W. 8th Avenue, wondered whether the corner of 8th and Fuller would be reconstructed next year. Mr. Hutton stated that Fuller was not expected to be reconstructed. Ms . Hegreberg questioned why she was being assessed for sanitary sewer. She suggested that the street be made level so water would not accumulate after a rainfall . Mayor Laurent described the procedure for the sanitary sewer assessment and who would need to pay the $500 . Norman Stevens, 213 W. 8th Avenue, suggested putting in extra stop signs for the purpose of small children. Mr. Hutton explained the procedure the citizens would need to follow to get stop signs put in. John Otto, 130 W. 8th Avenue, commented that the street should stay at 44 feet width for the purpose of church traffic and also was in support of the extra stop signs . Leslie Schultz, 228 W. 8th Avenue, suggested putting in speed bumps if stop signs were not applicable. Linda Hegreberg, 132 W. 8th Avenue, asked whether this project would be finished before winter and if not that it wait until next year. Mayor Laurent closed the public hearing at 8 : 50 p.m. Vierling/Beard offered Resolution No. 3767, A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for 8th Avenue, Atwood Street to Spencer Street, Project No. 1993-7 and moved its adoption. Motion carried with Cncl . Sweeney dissenting. Mayor Laurent opened the public hearing for the 4th Avenue, Fillmore Street to Naumkeag Street reconstruction. Mr. Hutton made a presentation on the project . It was stated the street is currently under County jurisdiction, but the County would be turning it back over to the City of Shakopee. The County would pay the costs equivalent to street overlay. Mr. Hutton made Council aware that there is a three block span from Naumkeag to Hwy 17 that would not be done it this time. Steve Haeg, 913 E. 4th Avenue, questioned why the people for this project would be assessed 25 percent when the City would be receiving money from the County for this project . Mr. Haeg commented that he would prefer the sidewalks being closer to the street since their houses were not built far from the curb and he would like to see additional stop signs put in. _: Official Proceedings of the March 30, 1993 Shakopee City Council Page -5- Mr. Hutton commented the County would be giving Shakopee approximately $50, 000 and this would not be enough to cover the project . Merrill Mobley, 838 E. 4th Avenue, wondered whether he had to pay for curb and gutter if he had just had it done recently. Mr. Mobley asked who would pay insurance liability for the sidewalks and commented he did not want the sidewalks put in because of the extra maintenance needed and the increased traffic around his house by pedestrians . Mayor Laurent explained the credit he would receive for the curb and gutter over its useful life and stated that the sidewalks are City property and would be liable for them. Linda Hespenheide, 820 E. 4th Avenue, would like to see the curb and gutter replaced to fix their driveway. Evelyn Lehman, 545 E. 4th Avenue, objected to paying the 25 percent assessment since the whole city benefitted. Ms . Lehman wondered why she was being assessed twice, once for 4th Avenue and for Fillmore. Mr. Hutton stated that there would not be a credit for this project since the County paid for the reconstruction last time. However, he would check into this to be sure. Mr. Hutton stated that since this project was a zonal assessment he went to the middle of the block, therefore, the assessment would be correct . Merrill Mobley, 838 E. 4th Avenue, asked whether Dakota Street was in the five-year plan. Mr. Hutton responded. Berry Goehring, 735 E. 4th Avenue, commented that he had paid for curb and gutter in the past and thought he should get a credit . Mayor Laurent closed the public hearing at 9 :22 p.m. Evelyn Lehman, 545 E. 4th Avenue, requested information on the appeal process . Beard/Lynch offered Resolution No. 3768, A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for 4th Avenue, Fillmore Street to Naumkeag Street, Project No. 1993-7 and moved its adoption. Motion carried unanimously. Mayor Laurent adjourned the City Council for a short break at 9 : 30 and reconvened at 9 :35 p.m. Mayor Laurent opened the public hearing for Naumkeag Street, 2nd Avenue to 4th Avenue, at 9 :35 p.m. Official Proceedings of the March 30, 1993 Shakopee City Council Page -6- Mr. Hutton made a presentation on the project using the zonal assessment plan. Cncl . Sweeney voiced concern of the appeal status on 2nd Avenue assessments and how it would effect this project . There was no response from the public on this project . Mayor Laurent closed the public hearing at 9 :45 p.m. Vierling/Lynch offered Resolution No. 3769, A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for Naumkeag Street, 2nd Avenue to 4th Avenue, Project No. 1993-7 and moved its adoption. Motion carried with Cncl . Sweeney dissenting. Mayor Laurent opened the public hearing on Fillmore Street, 1st Avenue to 4th Avenue, at 9 :45 p.m. Mr. Hutton made a presentation on the project stating that the feasibility report was done for the area from 1st to 4th Avenues, however, the recommendation is not to improve the entire area. James Meisinger, 506 E. 3rd Avenue, was not satisfied with how the City has treated these streets in the past and felt the reconstruction should have been done 20 years ago. Wanda Makis, 520 E. 3rd Avenue, commented that the road should have been reconstructed a long time ago and, therefore, she should not be responsible for the reconstruction. Ms . Makis voiced concern as to whether all of these projects would be done at the same time since they all surround her vicinity and she would be inconvenienced. Mr. Hutton stated that until the designs are finished and a contractor is hired, the schedule of the projects is unknown. Mayor Laurent closed the public hearing at 10 : 00 p.m. Mr. Hutton informed Council that SPUC had put in water main on this street, but instead of being reconstructed, it was only overlayed. Beard/Lynch offered Resolution No. 3770, A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for Fillmore Street, 3rd Avenue to 4th Avenue, Project No. 1993-7 and moved its adoption. James Meisinger, 506 E. 3rd Avenue. , was concerned with the snow plowing on 7th and C.R. 17, as far as the sidewalks were concerned. He felt there should be some sort of City run process for the handicapped and elderly. Official Proceedings of the March 30, 1993 Shakopee City Council Page -7- Motion carried with Cncl . Sweeney dissenting. Mayor Laurent opened the public hearing for Atwood Street, 4th Avenue to 5th Avenue at 10 :10 p.m. Mr. Hutton gave a presentation on the project using the zonal assessment . Cncl . Beard questioned whether this project could be done in-house . It was stated it could be. Cncl . Vierling asked whether block 57 was between the hospital and County and how ownership was divided. Mr. Hutton stated this was divided down the middle and that all five blocks of this project belong to the hospital . Mayor Laurent closed the public hearing after no response from the audience at 10 : 15 p.m. Lynch/Vierling offered Resolution No. 3771, A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for Atwood Street, 4th Avenue to 5th Avenue, Project No. 1993-7 and moved its adoption. Motion carried with Cncl . Sweeney dissenting. Cncl . Lynch wanted direction from Council as to the proposed 800 megahertz for an AMM Board of Corrector' s meeting. It was opposed by Council at this time. Mr. Hutton suggested bringing back to Council the design consultant issue at the April 6th regular City Council meeting. Mr. Hutton also asked Council for some direction to prepare for the Tuesday meeting. Mayor Laurent suggested obtaining information on what projects can be done in-house and whether they can be finished this year. Mr. Hutton advised Council of the status of hiring new employees for the Engineering Department . Cncl . Sweeney suggested having progress reports prepared monthly on the projects that are being done at the time and their status . Cncl . Vierling was concerned about the new auditing firm and what they were doing. Mr. Kraft stated the Finance Director kept in touch with them and was pleased with their work. Cncl . Beard commented on the Prior Lake drainage ditch and the drainage problem as far as the poor repairs that were done and the emergency action taken by Council last year. Mr. Hutton stated this is on the agenda of the County for a long-term solution to the overflow of the ditch. Official Proceedings of the March 30, 1993 Shakopee City Council Page -8- Mayor Laurent recessed the City Council meeting for an Executive Session at 10 :35 p .m. Mayor Laurent re-convened the meeting at 10 :50 p.m. and stated that no action was taken during the Executive Session. Mayor Laurent adjourned the City Council meeting at 10 :51 p.m. 14. ith S . Cox y Clerk Debra Zabel Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 6 , 1993 Mayor Laurent called the meeting to order at 7 :00 p.m. with Councilmembers Vierling, Lynch, Beard and Sweeney present . Also present : Dennis R. Kraft, City Administrator; Barry A. Stock, Ass' t City Administrator; Karen Marty, City Attorney; Dave Hutton, Public Works Director; Lindberg Ekola, City Planner; and Judith S. Cox, City Clerk. Beard/Vierling moved to approve the agenda with the following additions : 10c) Communications from citizens regarding road projects starting after August 1st, 15a) Local Government Pay Equity Act, 15b) HRA meeting. The following deletions were 13h) Hiring an Engineering Technician II . The liaison reports were given by 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 business : 13e) Street Light Request for 11th and Quincy, 13g) Hiring a Mechanic' s Assistant, 13u) 1993 Board of Review - Appointments, 15a) Local Government Pay Equity Act . The following items were deleted from consent business : 9) Approval of the Minutes of March 16, 1993 , 13b) Liquor Law Violations - Cheers 2 Ya. Vierling/Beard moved to approve the consent business as corrected. Motion carried unanimously. Vierling/Sweeney moved to approve the minutes of March 16, 1993 , with the correction of the first paragraph of page two, Cncl . Vierling dissenting, not descending. Motion carried unanimously. Mr. Ekola informed Council he had received a request from Debbie Hackbarth asking permission to allow her husband to park his semi-tractor at their house for a period of 48 hours . Mr. Ekola stated this is a residential area and that Staff had received complaints of this vehicle and that they were in violation of City Code . However a provision in Section 9 .30 allows for exceptions if City Council were to find undo hardship in individual cases . Mayor Laurent asked if anyone in the audience would like to speak to this matter. There was no response. Beard/Sweeney moved to approve an exception to 9 . 30 (Truck Parking) , Subd. 2 , allowing the Hackbarth' s to park a semi- tractor at 1176 Sapphire Lane on weekends . Official Proceedings of the April 6, 1993 Shakopee City Council Page -2- Cncl . Beard suggested having them park the semi at a gas station, such as Super America and also stated that he was speaking against his motion. Discussion followed. Motion failed unanimously. Scott Leonard, Marketing Arts, showed Council the latest logo and tag line he had prepared. He wanted Council' s opinions and suggestions as to direction. Mr. Leonard stated that he has two hours of time to work on this project until he reaches his cap and also wanted to know the procedure of getting the tag line approved. Cncl . Vierling felt that "prospering" seemed too businesslike and should be more sensitive to human values, however, she felt the 1870 portion suggested tradition and this should be part of the tag line. Cncl . Lynch suggested having only "Since 1870" on the tag line . Mr. Leonard will work further on the tag line. Mayor Laurent explained a letter he had received from residents on Apgar Street concerning the construction that was started late last year. Karen Paron, 503 West 6th Avenue, explained that she was frustrated that the project started in September and all of the unfinished construction they had to put up with throughout the winter. The residents requested that no projects begin after August 1st and requested to have their assessments reviewed and possibly get compensated for the inconvenience. Mrs . Paron asked Council whether there was a spring under the street and who' s responsibility it is to care for the street until construction is done, whether it' s the City or the contractor. Mayor Laurent commented that the weather was a big part of the delay on the project . He also explained the process for having an assessment reduced. Mr. Hutton stated he had no knowledge of a spring but would check further into it, and also that the road is under the responsibility of the contractor for maintenance . Mr. Hutton said that construction should begin in April and be finished the end of May. It was also explained that the residents could file a claim against the contractor' s insurance if their cars were damaged because of the construction. Vierling/Beard moved to allow the Shakopee Lions Club to install a memorial plaque in Lions Park. (Motion carried under consent business . ) _ - Official Proceedings of the April 6, 1993 Shakopee City Council Page -3- Mr. Ekola made a presentation on the request of Dallas Properties to rezone property near the northeast corner of CR 17 and Vierling Drive . Vierling/Lynch offered Ordinance No. 354, An Ordinance Amending the Zoning Map to Rezone Property on the East Side of County Road 17 and North of Vierling Drive from Highway Business (B-1) to urban Residential (R-2) , and moved its adoption. Cncl . Sweeney showed concern as to this being spot rezoning and did not feel the City should continue to follow this procedure. Mr. Ekola stated that two sides surrounding this area were already zoned R-2 and this project would not be considered spot rezoning. Tim Keane, Attorney for Dalles Properties, stated this area is not a good place for commercial property, because it has no frontage on Marschall Road or the bypass and would like to see it be rezoned. Motion carried with Cncl . Sweeney dissenting. Cncl . Vierling removed herself from the table for the agenda item on Prairie Estates because of a personal conflict . Mr. Ekola made a presentation on the final plat of Prairie Estates 3rd Addition informing Council that staff has recommended approval of the resolution with nine conditions. Mayor Laurent asked staff why outlot A was an outlot . Mr. Ekola commented that it would provide a temporary cul-de-sac for a turn around and would need to be labeled an outlot . Mayor Laurent wondered whether item two under the considerations (Prairie Lane crossing drainageway) needed to be in the resolution, he was informed it did not . Lynch/Beard offered Resolution No. 3772 , a Resolution Approving the Final Plat for Prairie Estates 3rd Addition, subject to conditions, and moved its adoption. Motion carried with Cncl . Vierling not participating in the vote. Cncl . Vierling returned to her seat . Sweeney/Vierling moved to direct Staff to prepare a bond referendum at the earliest reasonable date, including a community recreation building with a detached ice arena on the same property, the proposed fire station number 2, and possibly the three fire trucks . There was extensive discussion on this motion among the councilmembers . Official Proceedings of the April 6 , 1993 Shakopee City Council Page -4- Cncl . Lynch questioned whether the playground equipment, and the land south of the senior high would be included in this motion. Cncl . Sweeney stated these purchases would probably come out of the Capital Improvement Fund. Cncl . Sweeney suggested the minimum time frame for a referendum would be 45 days and that this would be a package deal with one vote needed. Motion carried unanimously. Sweeney/Vierling moved that depending upon $1, 500, 000 of tax increment financing surplus funds be added to proceeds of whatever bond issue we ultimately determine for funding, in other words, to reduce the bond amount by $1, 500, 000 which equals 1/2 of "reliable" surplus . Cncl . Beard suggested that more than $1, 500, 000 be subtracted for this project . Cncl . Sweeney questioned whether Rahr forcemain was being assessed. Mr. Hutton stated that Rahr is paying for the lift station and the City is paying for the forcemain. Beard/Vierling moved to amend the motion on the table by striking $1, 500, 000 and making it $3 , 000, 000 and not designating whether TIF funds or Capital Improvement . Cncl . Vierling spoke against the motion stating that $3 , 000, 000 was too much money to be subtracting. The amended motion failed with Cncl Beard in favor. Motion carried unanimously on main motion. Sweeney/Vierling moved that if bond issue is successful the TIF surplus funds be transferred or utilized at that point to begin the construction of ice arena as the first phase in this program and that the second phase be the fire station and the third phase in time be the community center. Mayor Laurent suggested if the referendum were passed the ice arena could be started immediately and the designs for the fire station and community center would be underway. Mr. O'Brien stated that 30 day period would be adequate for design and to uncover any possible problems . Mr. O'Brien suggested starting some of the projects now, if they could be funded prior to the referendum. Motion carried unanimously. Official Proceedings of the April 6, 1993 Shakopee City Council Page -5- Sweeney/Lynch moved to direct Staff to take or fund the preliminary design work site plan out of the Capital Improvement Fund. Motion carried unanimously. Mr. Kaufenberg felt that if this project was pushed back too far the City would lose the help of the solicitors and volunteers. Mr. Stock stated the referendum could be held in June and since Staff has received direction to begin preliminary designs, the projects could be started this year. Sweeney/Vierling moved to propose the ice arena being A-1 and for Staff to start work on the design (with concrete floor, unfinished mezzanine and not olympic) . Motion carried unanimously. Cncl . Sweeney suggested holding a Committee of the Whole meeting to discuss the fine points of this project . Sweeney/Lynch moved to direct the appropriate City officials to draft an agreement with Greystone Construction for contract management/architectural services in connection with the ice arena. Motion carried unanimously. Mr. O'Brien stated he would like to move forward as soon as possible so the ice arena could be done this year. Sweeney/Lynch moved to direct City officials to arrange a hearing at the earliest convenience before Council regarding Cheers 2 Ya problems . Ms . Marty reviewed the statutes and suggested having the Committee of the Whole act as the agency and hear the charge and make recommendations to the City Council . Jerry Morehouse, owner of Cheers 2 Ya, wanted to point out to Council that these matters have already been taken care of in court . Ms. Marty explained the due process procedure that would be followed for the hearing. Ann Heimkes, Manager of Cheers 2 Ya, wondered whether this was normal practice to be heard in front of the Council since Cheers had already been in court over this matter. Cncl . Vierling informed the audience that the reason this process is followed is because the City issued the liquor license in this instance . Motion carried unanimously. Official Proceedings of the April 6, 1993 Shakopee City Council Page -6- Ms . Marty recommended Council deny the request from Brian Stately for a Tattoo License. Mr. Stately brought all his paperwork to the City Council meeting, however, this was not in a timely fashion. Sweeney/Vierling moved to table the application of Brian Stately for a Tattoo License so staff could review the paperwork presented by Mr. Stately. Motion carried unanimously. Mr. Hutton informed Council of the procedure that was taken to select a sewer jetter and that a member of the audience wanted to comment on their selection. John Conroy, ABM Equipment, Hopkins, did not feel the City made a proper choice since he followed strictly with the specifications that were required on the checklist for the sewer jetter. He mentioned that the low bid, Flexible Pipe Tool, deviated from the specifications from staff . Mr. Hutton informed Mr. Conroy that Flexible Pipe Tool did have three deviations which were made known and they would be expected to meet the demands and would be included in the bidder' s cost . Sweeney/Beard moved to authorize the purchase of a SRECO 4060 High Pressure Sewer Jetter from Flexible Pipe Tool Co. of Minneapolis, MN for a total cost of $55, 837 . 00 . Motion carried unanimously. Vierling/Beard moved to table the applications of Camgil Corporation for liquor licenses at 1561 E. 1st Avenue to the May 4th meeting. (Motion carried under consent business . ) Vierling/Beard moved to authorize the installation of a street light at 11th Avenue and Quincy Street, to be funded either by Shakopee Public Utilities Commission or out of the Capital Improvement Fund depending on the results of an investigation on which entity authorized the removal of the street light . (Motion carried under consent business . ) Vierling/Beard moved to deny the petition submitted for Muhlenhardt road improvements as the qualifying statements listed on the petition do not meet the current City Special Assessment Policy. (Motion carried under consent business . ) Vierling/Beard moved to authorize the hiring of Mr. Keith Weckman as Mechanic' s Assistant at Step I of the pay plan or $11 . 69 per hour effective April 26 , 1993 . (Motion carried under consent business . ) Mayor Laurent recessed the City Council meeting for a short break at 10 : 05 p.m. until 10 : 15 p.m. • Official Proceedings of the April 6, 1993 Shakopee City Council Page -7- Mr. Ekola gave a presentation on the proposed petroleum contaminated soil land treatment facility. It was stated that the PCA is requesting comments by April 15th for this project . Cncl . Sweeney expressed concern as to why Council shouldn' t schedule a public hearing. Mr. Ekola stated there was not enough time to do that . Vierling/Beard moved to direct staff to forward questions and comments on the proposed petroleum contaminated soil land treatment facility West of Tahpah Park to the Minnesota Pollution Agency by April 15, 1993 , as outlined in the staff memo dated 3- 31-93 (DOC #CC203) , and moved its adoption. Vierling/Beard moved to amend motion by requesting a public meeting, information meeting be held. Motion carried unanimously. Motion carried unanimously on main motion as amended. Vierling/Beard moved to direct the Planning Commission to develop a list of candidates for appointment and from that list the mayor would appoint twelve (12) members to the Zoning Ordinance Advisory Committee . (Motion carried under consent business . ) Vierling/Beard moved to authorize the advertisement for bids for an 11 foot rotary mower for the Parks Department . (Motion carried under consent business. ) Vierling/Beard moved to authorize the purchase of a snow plow, wing and sander from Crysteel Truck Equipment for a total price of $19, 031 . 00 for the 1992 International dump truck. (Motion carried under consent business . ) Vierling/Beard moved to amend the City of Shakopee' s Hepatitis B Policy to include Pool Personnel and the Summer Daytime Sports Coordinator and approve the Park and Recreation Bloodborne Pathogens prevention and Exposure Control Plan (DOC #CC204) . (Motion carried under consent business . ) Mr. Hutton gave a presentation on the Rahr Malting Forcemain. Sweeney/Lynch moved to direct Staff to enter into negotiations with prison officials with the intent of prison officials relocating the Boy Scout building to the land that' s being vacated by the ice facility in exchange for being allowed to hook up to the forcemain without being assessed. It was stated that the barn being used by the Boy Scouts belongs to the- State and has been kept up by volunteers and it is moveable . Mr. Hutton stated the barn did not need to be moved Official Proceedings of the April 6 , 1993 Shakopee City Council Page -8- near the other scout buildings and that Boy Scouts would keep up the maintenance of the building. Sweeney/Lynch modified the motion to direct Staff to make appropriate contacts . The intent to direct Staff to review the idea and if it' s feasible to enter into negotiations with the State and if not that they pay to connect to the forcemain. Motion carried unanimously. Vierling/Sweeney moved the Sweeney School not be charged for hooking up to the forcemain since they have a current hook up and actually money' s just changing hands . Motion carried unanimously. Sweeney/Vierling moved that the funding for the Forcemain come from tax increments finance surplus funds . Motion carried unanimously. Mr. Hutton explained the costs of this project to Council and how it would be divided between the City and Rahr. Vierling/Beard authorized the appropriate City officials to execute the Lease Agreement by and between the City of Shakopee and the Shakopee Boy Scouts for a portion of the building located at 129 Levee Drive . (Motion carried under consent business. ) Mr. Hutton stated a correction in the memo that the $180, 000 would cover the entire cost of mini bypass sewer and water project and sewer line replacements . He said that since the project has already been started by the State, the City cannot assess the sewer service lines . Vierling/Lynch moved to utilize consultants to design all six reconstruction projects (1993-7) . Motion carried unanimously. Vierling/Beard moved to approve bills in the amount of $242, 398 .44 . (Motion carried under consent business . ) Vierling/Beard moved to approve of the transfer of $45, 000 from the FMG TIF Capital Projects Fund to the HRA Fund for administrative expenses . (Motion carried under consent business . ) Vierling/Beard offered Resolution No. 3775, A Resolution Appointing Individuals to the 1993 Board of Review, and moved its adoption. (Motion carried under consent business . ) Vierling/Beard moved that the Mayor appoint two Councilmembers to the 1993 Board of Review. (Motion carried under consent busines . ) Official Proceedings of the April 6 , 1993 Shakopee City Council Page -9- Mr. Kraft stated that he needed comments by Council by April 12th so he could send them to the Metropolitan Council by April 14th on the Metropolitan Development Investment Framework. Mr. Stock explained to Council that Dangerfield' s would like to purchase land 60 x 13 feet from the City to build a deck. Vierling/Beard moved to support the sale of a strip of land 60 feet long and 13 feet wide to Dangerfield' s Restaurant to accommodate the construction of a deck on their building. Motion carried unanimously. Vierling/Beard offered Resolution No. 3773 , A Resolution of Appreciation to George Breeggemann, and moved its adoption. (Motion carried under consent business. ) Mr. Hutton stated the representative from the Sioux community could not be present at the meeting, but had received a copy of the feasibility report on the proposed improvements to McKenna Road. Sweeney/Vierling offered Resolution No. 3774, A Resolution Receiving a Report and Calling a Hearing on an Improvement to McKenna Road, between County Road 16 to the South Corporate Limits, Project No. 1993-8 and moved its adoption. Motion carried unanimously. Vierling/Beard offered Resolution No. 3765, A Resolution Approving the Sale of Tax Forfeited Parcels Identified by Scott County within the City of Shakopee, and moved its adoption. (Motion carried under consent business . ) Vierling/Beard offered Resolution No. 3757, Approving a Premises Permit for the Shakopee VFW Post #4046, and moved its adoption. (Motion carried under consent business . ) Vierling/Beard offered Resolution No. 3776, A Resolution Amending Resolution No. 3720 Adopting the 1993 Budget and moved its adoption. (Motion carried under consent business. ) Vierling/Beard offered Resolution No. 3777, A Resolution Receiving a Report and Calling a Hearing on an Improvement to the Downtown Alleys by Reconstruction and Electric Undergrounding, Project No. 1993-9 and moved its adoption. (Motion carried under consent business . ) Official Proceedings of the April 6, 1993 Shakopee City Council Page -10- Mayor Laurent adjourned the City Council meeting to April 20, 1993 , at 7 : 00 p.m. Meeting adjourned at 11 :00 p.m. Ju ith S . Cox ' y Clerk Debra Zabel Recording Secretary MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Downtown Alleys DATE: April 14, 1993 INTRODUCTION: Attached is Resolution No. 3782, ordering an improvement and the preparation of plans and specifications for the Downtown Alley Project. BACKGROUND: On January 7, 1992 the City Council ordered the preparation of a feasibility report to reconstruct the downtown alleys. The pavement in several of these alleys are severely deteriorated and they need reconstruction. In addition, there are inadequate drainage facilities and poor grades for providing positive outlets for stormwater runoff. The completion of the feasibility report was delayed due to the investigation by Shakopee Public Utilities Commission (SPUC) into the costs for undergrounding all overhead electric lines. The electric undergrounding costs have been approximated by SPUC and on March 16, 1993 the City Council directed staff to set a public hearing to consider the improvements. On April 6, 1993 the City Council adopted Resolution No. 3777 which sets the public hearing for April 20, 1993. Staff has evaluated the downtown alleys and is recommending improvements to 8 alleys, as shown on the map on Attachment No. 1. Four alleys (Blocks 22, 23, 24 and 25) are recommended for both alley reconstruction and undergrounding. One alley (Block 21) is recommended for reconstruction only and three alleys (Blocks 29, 30 and 31) are recommended for undergrounding only. The alley reconstruction costs are estimated at$8,000 per block. The current Special Assessment Policy states that alley reconstructions would be 100% assessed to all properties in the block, although the policy also states that "for CBD alleys, the City Council will determine the amount assessed at the public hearing to consider the improvements." Staff has prepared an assessment roll based on a 100% assessment rate. The electric undergrounding costs vary from block to block as shown on Attachment No. 2. Also attached is a memo from the SPUC Manager outlining the recommended cost participation between SPUC, the City and the customer or property owner for these costs. Staff has utilized these costs in the proposed assessment roll. These costs do not include the direct hook-up costs that would be required for all properties. Attachment No. 4 is a summary of the assessment calculations for both the reconstruction costs and the undergrounding costs. Staff has also attached the estimated assessment roll, which indicates the assessment rates for each block and estimated assessment for each property. The City's portion of the undergrounding costs could come from either excess T.I.F. balance or the Capital Improvement Fund. The total City cost is $125,269.96, which includes the $109,500 for the conduits and street lights, along with any assessments for City owned property. During the Downtown Streetscape Project, the City spent $80,000 installing conduits under the streets for future undergrounding. At the conclusion of the public hearing if the City Council wishes to proceed with this project, attached is Resolution No. 3782 ordering plans and specifications prepared. ALTERNATIVES: 1. Adopt Resolution No. 3782. 2. Amend Resolution No. 3782 to revise the desired improvements and then adopt it. 3. Deny the project in its entirety. RECOMMENDATION: Staff recommends Alternatives No. 1 or 2. The staff recommendation for alley reconstruction (5 alleys) is based on the existing pavement condition. The staff recommendation for electrical undergrounding is based on eliminating all overhead lines in the main core CBD area. This portion of the project could also be done in phases. ACTION REQUESTED: Offer Resolution No. 3782, A Resolution Ordering an Improvement and the Preparation of Plans and specifications for Downtown Alleys (Blocks 21 - 25 and Blocks 29-31), Project No. 1993-9 and move its adoption. DEH/pmp MEM3782 RESOLUTION NO. 3782 A Resolution Ordering An Improvement And The Preparation Of Plans And Specifications For Downtown Alleys (Blocks 21-25 And Blocks 29-31) Project No. 1993-9 WHEREAS, Resolution No.3777, adopted on April 6, 1993, fixed a date for Council hearing on the proposed improvement of the Downtown Alleys by reconstruction and electric undergrounding; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 20th day of April 1993, at which all persons desiring to be heard were given an opportunity to be heard. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That the improvement is ordered as hereinafter described: a. Reconstruction of alleys in Blocks 22,23,24 and 25 including undergrounding all overhead electric lines. b. Pavement reconstruction of alley in Block 21. c. Undergrounding electric lines in Blocks 29, 30 and 31. 2. 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N Z A A 0 W 0 -4 0 -- 0 0 -4 -. 0 W 0 0 0 -. 0 0 0 b 44 44 44 44 N C -I N N m 0 N A N H H R 37 0 N O n O N O N V -I O O O O 0 0 O N H H H 0 0 -� > 0 0 0 0 0 0 0 O A N V 0 0 0 H m N m r- 0 0 0 0 0 0 0 0 in O N o 0 0 0 0 0 I o o O o o O o o O o 0 o O o o O 0 44 44 H 44 44 H H H H TO 44 44 N 44 N C7 y N N A N W O > in o O H O H H 0 0 H N W H 0 o O 0 w 0 D 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 r. �./ .,/ o 0 0 0 0 0 0 0 0 0 0 0 o 0 o 0 0 0 ::-- - ..� Z ' 0 N 1 N 3 W H 3 V 1 l'J 0 O O O 0 O O O O o 0 O O 0 O O O O ATTACHMENT NO . 3 TO: Barry Stock, Asst . City Admin . FROM: Lou Van Hout , Util . Mgr. RE: Downtown Alleys , U.G. Electric DATE: 1/27/93 r?sh is from our consultant which 1 .� oare revised Sed a rca .E Enclosed sed two is spreadsheets on 10/1/92 . Page1 shows ten shows the conce_t__ we discussed blocks in the project, Page la shows eight blocks . Please note that there are two sets of totals and subtotals on 1 For page 1 , the top half is for blocks 21-25 , each spreadsheet . � and the lower half is for blocks 28-32 . Top and bottom figures 'i must be added together to get the costs for that page . i . 1 Explanation of Subtotais : Each lire-item on the s., preadsheet represents a single type of : _ - - component in the overall Proiect . ; subtotaled i n the right hand column on I The line-item CCstS are ..UA_Ota_ - the spreadsheet to aid in discussing a sensible way to allocate the costs . The grouping of the line-item costs was based r•��eCt CCon an assumption of the benefit received. i 1 Using the figures on page 1 as reference, the assumptions used to develop the grouping for the subtotals , and the associated cost 1 allocations are : - The first 4 line-items represent : 1 - Those items which would normally be customer owned equipment. _ 3 $54-,270 plus $26 ,7 0 = 13=_c000 i F - The next 2 lire-items represent : E - The mai n underground conduit which Produces the major aesthetic benef It to the area by proyldlrg for the wiring to be put underground. d - New streetlights (actually alley lights ) which would normally be a City Or an. assessed cost . $93 , 000 plus $79 , 500 = $172 50_Q - The next 11 line-items represent :- Hich and low _ 1tage cab_=s transfcrmerc ccnne: _ iCf boxes , and misc . equipment , which are assumed to vrovie a `etterme t_t_p '1_e _electric. U_ij- .tv. Srnte This was assumed a SP UC cos: . i S35 , 535 plus 6,63 , 230 = 51•':, 785 E 1 ATTACHMENT NO. 4 PROPOSED DOWNTOWN ALLEY AND UNDERGROUND ELECTRICAL WORK COST BREAKDOWN AND ASSESSMENT FORMULAS I. UNDERGROUNDING COSTS (BLOCKS 22, 23, 24, 25, 29, 30, 31) 1. Customer Costs = The first 4 line items on Attachment No. 2 = $60,820 total (all alleys) 2. City Costs = The next 2 line items = $109,500 total (all alleys) 3. SPUC Costs = Remaining 11 items = $102,295 total (all alleys) Assessment Calculations = Cost per Alley (1st 4 lines items) divided by the total # of lots in alley (10 Lots) For the assessment on each lot, the exact area was used and converted to lots according to a standard City lot (which equals 60 x 142 or 8,520 square feet) II. ALLEY RECONSTRUCTION COSTS (BLOCKS 21, 22, 23, 24, 25) Estimated Costs = $8,000 per block 5 Alleys x $8,000 = $40,000 total Assessment Calculations: Per the Special Assessment Policy, 100% of the costs will be assessed. 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COCO Ui 0 co co m o CD CD a� OC o o nmmmmmm -o0 -0 -0 o o N n m 0000000o C) a Cl M G.) 0 o N m O m 73 O m 73 m C �° -� r x O o 0 0 0 0 0 0 0 m Do Z O -4 Or 0 tl A 6 B d it O m A > C-- 0) o 0 z t� (� �q EA6169 me `�r1.., a A A CSD N -+ C� V ,� O O Q _ 0 N O CO D) O CD O CD O W N '� O Cn 77 Cr CP c.nO cc)O A C V N O O V CD 0 0 0 0 0 0 0 .N.. Co 00 0 0 0 0 co co 0 0 0 0 co 0 } Cnm 1� nm b A69 EA = 0 EA O (A (CD A EA C�Ci° -I 0 o - m PmO om o o co 'co 'co N r ►i o co O O trj> cn u.) > z m T � r 69 K 0 69 60 0 0 69 0 0 m 69 0 0 O 0 O 0 0 p co 0 .Zi 0 0 0 0 0 > Q 69 m -1 0 O 69 69J 69 69 69 A 69 c!J > cco m r V COCJ O CD 00 00 coOCD O N -I O W MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Amendments to the Stonebrooke Planned Unit Development DATE: April 16, 1993 INTRODUCTION: Laurent Builders, Inc. submitted an application for amending the Stonebrooke Planned Unit Development (PUD) . The applicant are requesting three amendments to the approved PUD. At the April 8, 1993 , meeting, the Planning Commission recommended to the City Council the approval of two of the three amendment requests, including the 36 stall parking lot expansion and changing Outlot A, located on Londonderry Cove, from commercial to single family residential uses. BACKGROUND: The site is located in the southeast corner of the intersection of CR 78 and CR 79, and adjacent to O'Dowd Lake. The northerly portion of the area is zoned Rural Residential (R-1) , and the southerly portion is zoned Shoreland District (S) . It is located outside of the urban service area. (See Exhibit A. ) The total area of the PUD site is 198 .7 acres in size. The applicant is requesting the following amendments to the Stonebrooke PUD (please refer to Exhibits B, C and D) : i. Relocate five twin home lots from the 1st Addition into the 2nd Addition; 2 . Change the proposed commercial development of Outlot A into two single family residential lots; and 3 . Allow an expansion of 36 parking stalls for the golf course parking lot. The Shakopee City Council approved the final Planned Unit Development (PUD) for Stonebrooke in July of 1987 . The PUD included 76 single family lots and 9 twin home lots (18 units) for a total of 94 dwelling units. The approval of the PUD also included the eighteen hole golf course. Outlot A, located directly south of the golf club house, was reserved for future development. The 1st Addition of the Stonebrooke PUD was approved by the City Council in January of 1988 , and it included the golf course, 25 single family lots and 5 twin home lots (10 units) . The plat identified the golf course and areas to be developed as future phases as outlots. The original PUD approved 27 single family lots and 4 twin home lots (8 units) within the Second Phase. Map 3 in Exhibit D is a copy of the approved 1987 PUD. In May of 1989 , prior to the recording of the final plat for the 1st Addition, the applicant submitted an application for an Amendment to the PUD, an Amendment to the Preliminary Plat, and an Amendment to the Final Plat for the 1st Addition. The requested changes were for the following: A. The PUD and plat as previously approved required that an emergency access be constructed between the cul-de-sac and CR 79 . In addition, the approval of the PUD and plat required that a full 60' right-of-way be dedicated for the emergency access. This provided the opportunity to the City to construct a through street at some time in the future. At the time that the plat was approved, the residents of the surrounding area, were opposed to having a through street to CR 79 because of the increased traffic. The developer requested that the City amend the PUD plan and plat to allow the developer to provide an easement instead of the dedicated right-of-way for the emergency roadway. The developer requested this change because the right-of-way and required setbacks from the right-of-way created problems for the locating of the club house facility and parking lot. The emergency roadway was moved approximately 50 feet to the south, through the area between the proposed club house and the parking lot to fit with the design of the area. B. The street shown as Londonderry Cove on the PUD and preliminary plat was approved in a location adjacent to the City park. Prior to submission of the final plat, the City determined that the roadway could not be located adjacent to the park due to restrictions placed on the City by the State of Minnesota in connection with a grant for the park. Due to this change, the final plat was approved with a change in the configuration of the lots and cul-de-sac street, locating the street on the interior side of the lots. At the time of the review, the City Attorney determined that the preliminary plat and PUD would not have to be amended and the final plat could be approved with the street location change. C. The preliminary PUD and plat approvals contained a condition stating that the City would lease to the developer a 66 foot wide park area located adjacent to the southeast corner of the development. The 66 foot wide park area was dedicated to the City for park purposes with the Timber Trails plat. In the approval of the PUD and approval of the plat for Stonebrooke 1st Addition, the City agreed to lease the park property to the developer in exchange for improvements to the property and maintenance. The City Attorney ruled that the City could not legally lease the park to the developer because it was dedicated to the City specifically for park purposes. The City approved an amendment to the PUD and plat approvals to add the words, "at such time when said action becomes legal" to this condition. At the March Planning Commission meeting, several concerns were raised by Mr. Burt Notermann who is in litigation with Stonebrooke at this time. The Planning Commission continued the Public Hearing to April and requested that the City Attorney be contacted to determine if the PUD amendment application should be tabled until the litigation is resolved. The City Attorney informed staff that the City is obligated to respond to the application in a time frame consistent with the Zoning Ordinance. She recommended that the Planning Commission review the PUD amendment application with respect to the City's codes and ordinances in its customary thorough manner. Property disputes are properly resolved through the court system. DISCUSSION: The purpose of the Planned Unit Development section of the Zoning Ordinance is to encourage innovation, variety and creativity in the site planning process. A developer may obtain greater development flexibility through variances negotiated in the PUD review process provided that amenities beneficial to the public are created with the proposal. Greater protection of important natural features, preserving open space, and providing a quality environment are often the means in which a developer can negotiate flexibility from the standard zoning ordinance regulations. Recommended Amendments Changing Outlot A From Commercial To Single Family Residential The applicant has proposed to change the outlot south of the golf course clubhouse and parking lot from commercial uses to two single family residential lots. Each lot covers approximately . 54 acres and has two drainfield sites identified. O'Dowd Park is adjacent to the south side of the two proposed residential lots. Londonderry Cove provides access to these residential lots and five other lots. Although commercial uses had been proposed with the original PUD, the cul-de-sac street has developed into a residential character. The applicant does not feel that commercial uses are appropriate. This proposed change would result in an increase in the number of dwelling units in Stonebrooke from 94 to 96 dwelling units. The density (dwelling units per acre or du/ac) would increase from 0.47 du/ac to 0. 48 du/ac. The Zoning Ordinance allows a maximum density increase of 20% where septic systems are used with a PUD. Based on this requirement the maximum number of lots allowed in Stonebrooke would be 96 lots. Therefore, this request would not exceed the Zoning Ordinance requirement. Golf Course Parking Lot Expansion As shown on the submitted plans for the PUD amendment, the applicant is proposing to expand the golf course parking lot by 36 stalls. The proposed parking lot expansion area is located east of the existing parking lot which contains 115 parking stalls. Access to the clubhouse and parking lot would come from the private drive off of CR 79 only. No driveways have been proposed off of Londonderry Cove to the parking lot. A condition has been recommended which prohibit driveways from the parking lot to Londonderry Cove. Tabled Amendment Relocating Five Twinhome Lots At the April meeting, the Planning Commission tabled their decision on the relocating of five twinhome lots from the 1st Addition to the 2nd phase area. The Planning Commission requested that the applicant provide results from the required annual inspection of on-site sewage treatment facilities within the PUD. The annual septic system inspection process has not been developed at this time. The applicant is currently working with the Homeowner's Association to establish this process. Staff will forward the results of the inspection process to the Planning Commission when they become available. The Planning Commission will then review the inspection results and make a recommendation to the City Council on the proposal to relocate the five twinhomes. Cul-de-sac Street Lengths With the 1993 amendments, the applicant is proposing that Fairhaven Drive be constructed approximately 1, 300 feet east of CR 79 and temporarily dead end the street until Phase III develops. The approved development plan for the PUD illustrates Fairhaven Drive as being constructed through the PUD and connecting with Wood Duck Trail. Off of Fairhaven Drive, two permanent cul-de-sac streets, Abbey Point and Cambridge Way, would be constructed with Phase II. These permanent cul-de-sac streets measure approximately 300 and 1000 feet respectively. Section 12 . 07 of the Subdivision Regulations states that the maximum length of cul-de-sac streets shall be 1, 000 feet within the rural service area. The current Subdivision Regulations do not address temporary or phased construction of streets. The last paragraph in the March 24 letter (Exhibit C) notes the applicant's position on the cul-de-sac street length issue. The applicant has referred to the approved Phasing Plan for the Stonebrooke PUD. As shown on the Phasing Plan approved with the original PUD, Fairhaven Drive was proposed to be constructed in different phases. The applicant initially proposed with the 1993 amendment a temporary cul-de-sac after the Abbey Point intersection on Fairhaven Drive. With the development of Phase III, Fairhaven Drive would be constructed through to Wood Duck Trail and the temporary cul-de-sac would be removed. Since the Planning Commission tabled a decision on the relocating of the five twinhomes, the applicant is requesting to separate the construction of Abbey Point from the second phase. A copy of the revised phasing plan has been attached as Exhibit E. The proposed phasing plan would result in one over length cul-de-sac. Fairhaven Drive would be constructed through to Cambridge Way. All of Cambridge Way would be constructed in Phase 2 . From CR 79, Fairhaven Drive and Cambridge Way combined would measure 1, 800 feet. Based on the original phasing plan the Planning Commission included Condition 3 allowing Fairhaven Drive to be constructed to 1, 300 feet, as an exception to the Subdivision Regulations (Section 12 . 07) . Staff would recommend revising Condition 3 so that the combined street length of Fairhaven Drive and Cambridge Way (to be constructed in Phase 2) would be allowed as an over length cul-de- sac street until Fairhaven Drive is constructed through to Wood Duck Trail (1, 800 feet) . ALTERNATIVES: 1. Approve the request for an amendment to the PUD which would change the proposed commercial development on Outlot A into two single family residential lots. 2 . Approve the request for an amendment to the PUD which would allow a 36 parking stall expansion to the Clubhouse Parking Lot. 3 . Deny the request for an amendment to the PUD which would change the proposed commercial development on Outlot A into two single family residential lots. 4 . Deny the request for an amendment to the PUD which would allow a 36 parking stall expansion to the Clubhouse Parking Lot. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended approval of two of the proposed amendments to the Stonebrooke PUD (Alternatives No. 1 and 2) , subject to the following conditions: 1. The change of commercial development on Outlot A in Phase I into two single family residential lots is approved. 2 . The 36 stall expansion of the golf course parking lot is approved. No driveway access shall be allowed to Londonderry Cove. 3 . Fairhaven Drive shall be constructed with a temporary cul-de- sac with turnaround facilities approximately 1300 feet east of CR 79 . A temporary easement shall be provided to the City prior to the recording of the final plat. 4 . The annual septic system inspection process financial guarantees and reporting system must be established and in operation prior to July 1, 1993 . 5. The Grading and Erosion Control Plan for Phase II must be approved by the City Engineer prior to preliminary plat approval by the City Council. 6. The private water system must comply with the requirements established by the Shakopee Public Utilities Commission. The private water system can only serve properties within the PUD. 7 . Separate easements shall be provided for any off-site septic systems. 8 . All previous conditions from the original PUD approval and subsequent amendments shall remain in place. STAFF RECOMMENDATION: Staff recommends that Condition 3 from the Planning Commission be revised as follows: 3 . A variance to the Subdivision Regulations allowing an over length cul-de-sac street (Fairhaven Drive/Cambridge Way, 1, 800 feet) is granted until Fairhaven Drive is constructed to Wood Duck Trail. ACTION REQUESTED: Offer Resolution No. 3778, A Resolution Approving Two Amendments to the Stonebrooke Planned Unit Development, and move its adoption. RESOLUTION NO. 3778 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING TWO AMENDMENTS TO THE PLANNED UNIT DEVELOPMENT FOR STONEBROOKE. WHEREAS, the Planning Commission of the City of Shakopee did recommend approval of two Amendments to the Planned Unit Development for Stonebrooke on April 8, 1993 , and has recommended their 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 two amendments to the Planned Unit Development for Stonebrooke to authorize the change the proposed commercial development of Outlot A into two single family residential lots and to allow an expansion of 36 parking stalls for the golf course parking lot are hereby approved, subject to the following conditions: 1. The change of commercial development on Outlot A in Phase I into two single family residential lots is approved. 2 . The 36 stall expansion of the golf course parking lot is approved. No driveway access shall be allowed to Londonderry Cove. 3 . A variance to the Subdivision Regulations allowing an over length cul-de-sac street (Fairhaven Drive/Cambridge Way, 1, 800 feet) is granted until Fairhaven Drive is constructed to Wood Duck Trail. 4 . The annual septic system inspection process financial guarantees and reporting system must be established and in operation prior to July 1, 1993 . 5. The Grading and Erosion Control Plan for Phase II must be approved by the City Engineer prior to preliminary plat approval by the City Council. 6. The private water system must comply with the requirements established by the Shakopee Public Utilities Commission. The private water system can only serve properties within the PUD. 7 . Separate easements shall be provided for any off-site septic systems. 8 . All previous conditions from the original PUD approval and subsequent amendments shall remain in place. Passed 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 EXHIBIT A •• .1-------7.---- :- .., ••: . ••• . , .. . .:; 3. ••• ,- . 7 . . wc.....c . „:.,.--,..„:„„.i..: 26 T. Sr V, • -. . 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' ::".:.!agg:K]Wi:''......: :"" ::..--..i.. • MtV L.•-• ks. ii._____________.! I • •••••--- ,.._.„. , ; - 0-•-•;1,,,,,,,,,,;;;, .. , ,...k.... . . - • , .-.-:•• .„,,,,,,,,,,,,,,,•,•:::-.::::::::,•::::::::::::,::,..,„c •, •. ; 1 • •.:: ,. . L_____________„---. :-.**i:!14:,:i''':• "'W.' :.x.,:,.:..1.::::::'. : ' i't'. % R 1 i- . . a„,,:::.„.,::.:::.::..:....••....„,,•-•„,::::::::•::::,:•_.J_,_ ., ----; & • i . • or.m . iiiimk . • 5 ' ' ....: \ '4 ....::': i;i•;:iinnlig-'0.: i •j ,.. ...... .. r:I.‘ i . . -.,... ‘ • I- ..a -j: N.--..---„•i,_ . •••••• ....." ::-/: ...-...\C-.... • ..::1;.: ‘ : -_ . : •••••-• :''‘ \ ''.1i: ......_ .,..., If ! . , •-, - .. .....,. .1.y..,,„,a, Aga N....S ----....,- \ /.1 - -. - - : 1 I f!''N — ---- -- '... .-----? v- -4...-,-..11 .-.)? ,,,--...„ ,...__—, --- ?• ....-../. . : li I - - -, , ,• , c'-re-'. -;"-'!-N3`-.. -•••- .• - --- --___....- /:/- f`r-r.,--e : .! / . .1'. Fir Al. •-• . .... _ , , i li,..— ,....• 1.-) • ..-.:. .. -- . 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F _ r I\ , ..• :.- . .., ,-- R4 MULTI MULTI FAMILY RES. • ..:3, , cSai* 74 ; : B1 HIGHWAY BUSINESS ---_,.-_—_. ------,_---- --- .- , r 7-''-7:''-1;7-1 .--k- •.• :-. --_- B2 COMMUNITY BUSINESS •,. •,,__ . - . • _ B3 CENTRAL BUSINESS _ _ ., •, i I...., ,... : c ,-, ..... ,..,-----,,;,:•, .. . _..— _._. :,-,...--. • rs ...,_ 11 LIGHT INDUSTRIAL . . ..• .-_ ...* : \ : • ---.. ., , 1 _. 12 HEAVY INDUSTRIAL • - i ,I. • -- i \ ;.: ; '.- f 1" 1" •---ii* ,.-.•••,-- S SHORELAND •-/ ,.-!3. • \ 1 i ,-*,•$,,--•`4,-.',:2'---,-'!- --- .. i .1 1,',., :-. • FLOODPLAIN DISTRICT r r : I •- TA 7,---1 ) • ,v*.air.—.•-••• MANDATORY PUD .... .... ,_ : • • • :1,4 . . • ----y- , ___ • . .__ ___ -• . -.7.:„... RTD RACETRACK DISTRICT' • , . . ., _ . ___. . • .. . Zoning Map . . _.. , .._ • City of SHAKOPEE . -; _... . __.. . - • - - _. .... __ :•_.. .1.--: --- _. _ . . EXHIBIT B Roger A. Anderson & Associates, Inc. CMI Engineering Consultants Suite 107, 7415 Wayzata Blvd. Minneapolis, MN 55426 (612) 546-7035 Feb 6, 1993 City of Shakopee fission, and Staff Mayor, City Council, Planning Caron City Hall Shakopee, MN 55379 Re: Narrative Report Stonebrcoke - Phase II Shakopee, MN Caren No. 9102 Ladies and Gentlemen: The attached information is provided to assist you during your review of the next phase of the Stonebrcoke Planned Unit Development(PUD) EXISTING PUD, REVIEW PROCESS, AND EXISTING DEVELOPMENT The Stonebrooke PUD was reviewed and approved by the City of Shakopee in 1987 and 1988. The site is a approximately 200 acres in south central Shakopee and included an 18 hole golf course and 94 residential units. The City's review process was very thorough, and included the preparation of an Ehviornmental Assessment Worksheet, and additional review by all affected governmental jurisdictions. After this review and the receipt of all approvals as required, construction residential areahe ( appr olf ox�20approx.acres) was ac. ) and the first phase of completed from 1988 to 1990. . At the time of the approval of the PUD, all issues detailed in theCity Ordinances and related to the development were addreading, dinagce, wetlands, parks, utilities, on-site disposes systems, and other associated issues. PHASING PLANS FOR RESIDENTIAL DEVELOPMENT The 1987 PUD showed approximately 51 .5 acres of residential development, with a total of 94 residential units, giving a density of .47 units/acre. The plan indicated eighteen twin have sites, and the remainder to be single family hares. Land Development • Municipal • Highways Railroads ST BROOKE - PHASE II SHAKOPEE, ISI February 6, 1993 Page 2 of 3 The first residential phase included 30 lots, which were to be constructed as 25 single family and 5 twin hones for a total of 35 units. Because of the final layout and the market conditions at the tim entirefirst the phase construction, no twin homes were constructed, and of 30 lots will be constructed as single family homes. The attached chart shows the proposed and actual use of the lots on Phase I of the site. PROPOSED 1993 PUD -- PHASE II DEVELOPMENT The plan now proposed for Phase II includes about 23 acres of residential property in the northwesterly area of the PUD. Twenty-seven single family and four twin home lots were proposed for this area in the 1987 PUD, for a total of 35 units. We propose to amend the previous PUD as follows: 1 . TWIN HORSE UNITS We propose that the unused twin home units from Phase I be re-allocated to Blocks 9 and 13, Phase II as shown. This will allow a more logical development of the areas adjacent to the golf course, including maintaining the single family nature of the southern lots, and allowing the creation of a homeowner's association to be responsible for the contiguous twin home sites. The total number of units remains unchanged as a result of this proposal. The attached chart shows the residential units for each project phase. Since all the units in this development utilize on-site disposal systems, the 1987 PUD provided that a minimum of one acre be made available for the construction of primary and backup disposal systems. Where lot sizes were lis than one acre, sewer easements were provided on adjacent golf course property. These areas are shown on the 1987 PUD. The re-allocation of the twin homes will require adjustment to maintain the availability on one acre per residential unit. These are Shown on the 1993 Proposed PUD. 2. OCTITT A Outlot A, directly south of the golf clubhouse, was reserved from development in 1987 as it was not determined if a commercial development area may be appropriate. Now that the residential nature of the area is established, and it is clear that commercial use of this property would not fit in with the area's character, we propose that Outlot A be divided into two single family residential lots as shown. Sewer easements are provided to maintain the one acre minimum. STWEBROOKE - PHASE II SHAKOPEE, MN February 6, 1993 Page 3 of 3 This proposal adds two residential lots to the PUD, but eliminates the future commercial development. 3. GOLF COURSE PARKING LOT ADDITION The plan shows a 32 car expansion to the golf course parking lot. This expansion is located on the existing clubhouse lot (Lot 16, Bik 2) and the adjacent Outlot L, both cc.ned by the golf course. a w- 13 CONSIDERATIONS The FUD revisions described in this letter have been made in keeping with the original concept and conditions of the 1987 PUD as approved by the City. please contact us if you have any questions regarding this report. Si ely, 4/Gx4-0 Roger A. Anderson, PE cc. Laurent Builders, Inc. Attach: Development Summary, 1993 and 1987 PUD Plans -- EXHIBIT C • • Corporate Office The Laurent Building LAURENT (612) 445-6745 128 South Fuller Street, Shakopee, MN 55379 a U I L D E R 5,11 N C• March 24, 1993 Mr. Lindberg Ekola Ms. Terrie Sandbeck Planning Department City of Shakopee Mr . Ekola & Ms. Sandbeck; There are several items regarding Phase II of Stonebrooke we would like to address and by doing so, hope to bring forth some clarifications . The first item is density transfer ; specifically the relocation of the lots designated as allowing twin homes. There are several reasons relocation makes sense: 1 . ) Saving the Hardwood Forest. At the point where we actually began designing twin homes on Londonderry Cove, it became apparent that the larger footprint, including larger driveway areas and additional sewage areas, would require the removal of many of the large mature native hardwoods located on those lots. This would have destroyed, in large part, a great environmental and aesthetic asset; and was simply unacceptable. 2. ) Better Accommodation of Sewace Systems. The area we are proposing to transfer these units to is unwooded and thus allows more flexibility. The soils in that area are very accommodating to onite sewaget results) . treatment, (as evidenced by the percolation It will actually be easier to design and install systems in the proposed area then in the original area . 3. ) Better Association Control and Functions. As we progressed with the Twin Home design concept, thero and function of an association grew . Our concept prorth for an association that would, among other things, responsible for all exterior maintenance of the buildings and grounds. We believe this would be much more easily accomplished if all of the units were proximate to one another , rather than divided by nearly a mile in distance. BUILDERS • DEVELOPERS March 24, 1993 Mr . Lindberg Ekola Ms . Terrie Sandbeck Planning Department City of Shakopee Page 2 4 . ) Better Architectural Control . We have found from past projects, that as a developer we are able to exercise greater architectural control in attached projects than in detached . Individual detached units tend to have more homeowner direction to design than attached units, even if both are individually designed . Please keep in mind that the units and concept planned, even though they bear the same name "Twin Homes" , should not be confused with the entry level twin homes commonly found in the metro area . What we are proposing is very upscale and compatible with the entire Stonebrooke project. We will , in fact, be marketing these units under a name other than "twin homes. " Another item we would like to address is the understandings of "twin home" designation as used in this PUD . A lot designated as "twin home" means that the option exists to build a twin home on that lot. It does not preclude the construction of a single family detached residence. This is the same concept as employed in Shakopee' s R2 zones. In fact, there are several plats in the Cittytwherethe maximum number of twin home lots is put in place in the platting process, that limit doesn't require that a certain number of twin homes be built. Finally, we would like to express our thoughts regarding the cul de sac length issue. In the extensive development review process which the Stonebrooke project underwent, the topic of cul de sacs was discussed at great length . This discussion included the cul de sacs at Londonderry Cove, Stonebrooke Drive, Abbey Point, Cambridge Way and these were the temporary at Fairhaven Drive. We contend that allftof temporary of approved in the PUD process. Evidence of approval cul de sac exists in that we were required to submit a Phasing Plan, which was reviewed and approved . That plan clearly shows a phase division crossing the proposed Fairhaven Drive, east of the Abbey Point intersection . of conditions approval restricted tdveloperfrom constructngthsphasebecause of cul de sac length concerns. Thank you for considering our comments. If there are additional items you would like us to comment on, please let us know. Sincerely; Randy Laurent, Vice ?resident LAURENT BUILDERS, INC. )- •7.-- 7 -77.--7-.1-2.2r--;-11.. ., ' yr..- /if- ' & . 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IIS' �mj�' ` r 7C I Aly:.=�,l. �, "`-: '-/. m I I( . ♦•(If 1: Jr. �1.\,: • /.(,moi^. ; ' • I f1 C1'i111�11!011 Ia�Ijllh til'1 I g ' 'l..,-•• •_:•;•7-./.•' '•�,- ../ --J;-.%/ " • .; 1,2.. • I-- ...- ' )f•isr,11•i I 1 1111 j1/1 I II e ,.,,,,,,,...,„....._11_,.....4,_•..� 1 ( 'II!11tlIllllr( 1;p; 1-• (j.o is ty.._.. �--'"r•, '�- i -_ •lI f"'; g 1 1 1!41llIIl11111';Ii'ill i i el lei& I'II l ;pill / j E I 11�1j111{Ii1I;1 4kRij'qari i is i s ita SO 1 }..3 yaaVII ! \ lil II`♦ '1 I�r111r1 I' i J ill g tli �1 :s cr- II'Ii1;!'I,I. 'ari;l II' 1 • I `' it 7' / (k.. MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: April 20, 1993 RE: Wildside Tattoo License BACKGROUND: In early March the proprietor of Wildside Tattoo submitted a license to do business as a tattooing establishment . His application was incomplete (e.g. , in response to a question asking for the owner and owner' s address of business where tattooing will take place, the word "unknown" was given as the answer) , but was nonetheless forwarded to the Police Department and Scott County Health Department for review. Both the Shakopee Police Department and Scott County Health Department have completed their reviews . The "Conclusion" of the Police Department is attached, which incorporates some of the concerns of the Scott County Health Department . The following items are of particular concern: 1 . Without proper sanitation and sterilization methods, both the customers and operators of the tattooing business are at risk of contracting diseases . The public also is at risk if hazardous waste is not disposed of properly. The applicant has not complied with state requirements regarding disposal of needles and any other hazardous waste . April 20 Update: The applicant has submitted a photocopy of a card which "acknowledges receipt of a 1992 Minnesota Infectious Waste Generator' s Management Plan" . I have attempted to contact the appropriate personnel at the Minnesota Department of Health to confirm the acceptability of the applicant' s plan, but the appropriate people were out of the office . Further: The applicant has submitted the attached memo requesting "a variance" from the steam autoclave requirement . He has provided copies of information from unidentified sources which claim that the dry heat sterilization process is effective . I have spoken with the licensing division in Minneapolis, which is the source of this language in our ordinance. All three tattoo parlors in Minneapolis use autoclaves. Further: The applicant orally indicated that he has changed other health concerns described by the health inspector, but apparently did not request another inspection to allow verification of this information. 2 . The applicant failed to provide complete criminal history information on the application form. The applicant identified two criminal convictions he had; the Police Department identified five non-traffic criminal convictions . This alone is cause for denial of a license. April 20 update: The applicant has explained to the police department that he listed only the most serious offenses, since he thought they would be the only ones with which we would be concerned. Further: City Code Sec. 6 . 03 , Subd. 5 provides that "No license shall be granted to a person of questionable moral character or business reputation. " Charges presently are pending against the applicant for domestic assault, possession of drug paraphernalia, and driving after revocation. 3 . The applicant' s driving record contains six driving while under the influence convictions between 1985 and 1991 . These are consistent with alcoholism. Once an alcoholic arrests the alcoholism, he or she does not drink any alcoholic beverages. One of the personal references of the applicant is a bartender, who indicated that she has seen the applicant consume beer. Our ordinance prohibits tattooing while under the influence of alcohol or drugs . April 20 update : The applicant has submitted a certificate and letter indicating that he has completed an outpatient treatment program for alcohol dependency. 4 . The ordinance requires insurance. The applicant has not submitted proof of insurance. April 20 update : The applicant has submitted a certificate of insurance . It does not contain the required language giving the City a 30-day notice prior to cancellation, but this may be correctable upon request . ALTERNATIVES : 1 . Approve the application and grant a tattoo license to Brian Stately to operate Wildside Tattoo at 117 E. First Avenue, subject to the applicant providing the City Clerk a revised certificate of insurance complying with the provisions of City Code Sec . 6 . 10 . 2 . Table the application for further information. 3 . Refuse to grant the application for a license. RECOMMENDATION: Refuse to grant the application from Brian Stately for a tattoo license at 117 E. First Avenue for failure to submit a complete and accurate application, and non-compliance with the requirements of the City Code relating to health, safety, sanitary conditions, and insurance requirements . KEM:bjm [20ccl] Attachment Brian Stately application for tattoo license . Conclusions from the Police Department : CONCLUSION In summary, then, I believe there are some areas for contecifiall in this license application and subsequent inspection, p • - Stately did not reveal all his criminal convictions as required . • - His record of DWI convictions indicates possible alcohol abuse . - The instrument used for sterilization is a type not specified under City Ordinance, which requires the use of a steam pressure autoclave. - The pigment is placed in non-sterile receptacles prior to injection. - The containers of pigment are stored in an uncovered plastic container and the outside of the containers appear dirty and smudged. A test to determine the presence of bacteria or other micro-organisms was not performed. - The operating furniture used differs from City Code requirements . - On Friday, 3-26-93 , Joanette Morgan advised me the required insurance had been arranged, but had no proof of insurance available at that time. - Minnesota State Department of Health considers needles used in tattooing as hazardous waste, therefore, an infectious waste management plan must be submitted to the Dept. of Health by Wildside Tattoos. This has not been accomplished, and it would seem Wildside Tattoos is in violation with their current handling of used needles. At this writing, I am awaiting further information from the Dept. of Health. . 3/93 CiA-1/4A 0E-- tkk . oips._.., PR$2,- S kAE,_ Adi•-ko G i + j 0E-- F-0(2- fF-0 A A f ‘ A. _ Q� 4 Auk. _Ri�ssc..a.E_Q A•A+_b G- t ACJ Q Rot rJA ocE_. DoomME J444- o %.s DP\ e T E P' L t Z to rJ P &C C- _ tAS r�.e `L D o ckA rfl c Ki+Jl1/4t o N 45F-P,ONIV - R JB es._ I�A� Cc.)kdt t� CAL -IQA I aA&E EQvt*IoNl -+- of c k p A t,s AwA F .C. -LA RE �-�. ST ESL i Z�� itEt t., Ac 72/ oCf0029( KIK c_h A � 0-1-I\ 0 t S i t.5 Ems` E_R 1 Li rJ f1u td ft,kt4 v A S 0 ►.t i G Ir-FA J _i2 A Ni l� A 1-t _ O-+ A op .A+ 1 -FuRN \+ARE_ Q.,J FAC_.6S 1r+ t S 1 Q Ct le-- VC C-LC2- ANA QC) #60..\%3 Ps.Y L_1 Z.A -T-1 of ►1�-i- tA S i s T K o N od A v 11 A-b LE_ Q T H E_ T R i t_► Z a,-+ I o }J 0 c 0 1 N►" -- A E J!'T AA?'_ 470W05g AJ D Oi L_ ) posto Re -k-c) - ec% vc.r.s c c Ac+i66 zfrNc 1-1 , S t N GlcLE_As " A-4.19 h v-4-e-tit 0 i 1 L) -t cc _C �►v _ act S t1/4•9\0_4-At_ c N._., -f--A1/441‘A E,.1 T� CoR R00 E • ♦/ • CONSENT J/_b TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Purchase of Holiday Time DATE: 03 31 93 INTRODUCTION: Last November, the City Council directed us to come up with a plan which would deal fairly with requests to buy back unused holiday hours and at the same time reduce the number of dollars spent. BACKGROUND: According to the Police Union Contracts, "the Employer may at his/her option, buy back from any employee so requesting in writing by November 1st of each year any holiday time off not used by the employee by December 31st of any calendar year. " In 1992 , 10 employees sold 660 hours of unused holiday time for $11, 772 . In some cases employees sold back all the holiday time they earned during the year. Although the Council was not comfortable with the numbers involved, they felt some pressure to buy the time back because if they did not, the officers involved would not be able to use all of the time off they had earned for the year and would lose much of it. Rather than have the officers lose the time, the Council authorized purchase but directed that steps be taken to keep this situation from recurring. The Council also indicated that any plan presented should contain a 40 hour cap on proposed buy backs. The following solution is proposed: 1. The City will not buy back more than 40 hours of holiday time from any individual unless a special situation such as a severance package is involved. 2 . Officers will be allowed to carry up to 40 hours of unused holiday time 90 days into the next calendar year. Making all parties aware of the number of hours the City is willing to buy back early in the year is a fair way to reduce the maximum number of dollars which will be spent in this manner. Allowing officers to carry up to 40 hours of unused holiday 90 days into the next calendar year would prevent anyone from losing time which the City does not buy back thereby removing the Council from a perceived position of deciding whether or not an employee forfeits unused holiday time. Allowing this time to be carried forward would also result in more use of holiday time during January, February and March when the department workload is lowest. Bookkeeping should not be a problem because vacation time and compensatory time are currently carried from one calendar year to the next. ALTERNATIVES: 1. Decide to buy back no more than 40 hours of unused holiday time from any individual. 2 . Allow officers to carry up to 40 hours of unused holiday time into the calendar year following the one in which the time was earned. 3 . Renegotiate existing contract provisions regarding buying back unused holiday time. 4 . Make no changes. RECOMMENDATION: Alternatives 1 & 2 . ACTION REQUESTED: Direct the appropriate City Officials to: 1. Notify both police unions of the City' s intent to limit buy back of unused holiday time to a maximum of 40 hours per individual, and 2 . Adjust City policy as necessary to allow members of the police unions to carry up to 40 hours of unused holiday time through March 31st of the year following that in which the time was earned. i /C MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Fire Station - Heating/Cooling Roof Top Unit Replacement DATE: April 15, 1993 INTRODUCTION: In conjunction with the annual Spring maintenance check completed by the City' s mechanical contractor it was discovered that the fire station heating/cooling roof top unit was in need of major repairs . Staff has obtained quotations to replace the existing roof top unit . BACKGROUND: The heating/cooling roof top unit on the fire station is approximately 17 years old. The Spring maintenance check revealed that there were holes in the heat exchanger and the burner assembly was inoperable . After discussing possible repairs to the existing unit, the City' s mechanical contractor stated that the cost to repair the unit was in excess of replacement cost estimates. Staff also received a second opinion from another mechanical contractor in regard to the cost for repairs . The second opinion confirmed the problem and the estimated cost to repair the unit . The 1993 Fire Department Budget did not include funding to replace the existing roof top unit . The Fire Department Budget did include $3 , 000 within the building maintenance line item to paint the ceilings and walls of the truck bays . This item has been included in each of the City' s budgets for the past three years but has been put off due to other more pressing building maintenance needs . The Fire Chief has stated that he would prefer that Council utilize the contingency fund to replace the heating/cooling unit . He did state that if Council wished to utilize the $3, 000 budgeted for ceiling and wall painting that he would simply resubmit this item in the 1994 budget . He also noted that in 1994 he expected that several horizonal heating units would need to be replaced. Staff has received four quotations for replacing the existing heating/cooling roof top unit. Quotations received were as follows : 1 . Ries Heating and Sheet Metal - $3 , 990 . 25 2 . Associated Mechanical Contractors - $4 , 100 . 00 3 . Rons Mechanical - $4 , 105 . 00 4 . Minnesota Plumbing and Heating - $4 , 745 . 00 The quotes received include installation, removal of the existing unit including disposal and associated gas line and electrical service work. Since this was an unforeseeable event, staff would like to suggest that Council consider utilizing the contingency appropriation account to cover all or a portion of the new unit . The 1993 contingency appropriation account line item was set at $50, 000 . There are adequate funds remaining in the 1993 contingency appropriation account to cover the entire cost of the replacement heating/cooling unit . (Approximately $36, 000 . 00) Note : Approximately $14, 000 has been allocated out of the 1993 contingency appropriation account to off-set costs associated with the Valley Ice Arena analysis completed by OSM earlier this year. ALTERNATIVES: 1 . Authorize the appropriate City officials to allocate $3 , 990 . 25 from the contingency appropriation account to off-set the costs associated with replacing the fire station heating/cooling roof top unit . 2 . Authorize the appropriate City officials to allocate $3 , 000 . 00 from the 1993 Fire Department building maintenance line item and $990 . 25 from the contingency appropriation account to replace the Fire Station heating/cooling roof top unit . 3 . Select some other combination of funding utilizing both the 1993 Fire Department Budget and Contingency Appropriation Account . 4 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Authorize the appropriate City officials to allocate $3, 990 . 25 from the contingency appropriation account to off-set the costs associated with replacing the fire station heating/cooling roof top unit . n !'lrrLNT rtd MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Former Recreation Building - Lease Agreement DATE: April 15, 1993 INTRODUCTION: Recently the City Council approved a lease agreement with the Shakopee Boy Scouts to utilize some space in the former recreation building. The office portion of the building remains empty. It also now appears that the Boy Scouts will not be needing the recreation building space. Staff has received a inquiry from C.S. McKrossen Construction regarding the need for temporary office space. BACKGROUND: C.S. McKrossen was the low bidder on the mini by-pass approach project . As a prime contractor, C.S . McKrossen would like to have a field office on site. Generally, contractors utilize trailer- type field offices. Since the construction site is adjacent to the former recreation building, C.S . McKrossen has inquired whether or not the City would be willing to lease the office portion of the building. C.S. McKrossen would like to rent the vacant office space from May 1, 1993 through November 30, 1993 . Initially C.S . McKrossen proposed a rental rate of $200 per month plus all utilities . The area in question equates to approximately 800 sq. ft . I subsequently countered with a monthly rental rate of $300 plus all utilities . C.S. McKrossen representatives have agreed to the $300 per month rental rate . They have also agreed to cover all utility costs during the rental period. The per square foot rental rate for this agreement would equate to $4 . 50 per square foot . I believe this is a very good rate given the location of the property. Furthermore, I do not see any other potential users of the building until such time that the mini by-pass project is complete. Staff would like to recommend that the appropriate City officials be authorized to execute a lease agreement between C.S. McKrossen Construction, Inc. and the City of Shakopee for the office space at the recreation building for a monthly rental rate of $300 per month not including utilities . ALTERNATIVES: 1 . Move to authorize the appropriate City officials to execute a lease agreement by and between C.S. McKrossen Construction, Inc . and the City of Shakopee for office space at the recreation building for the period effective May 1st through November 30th at a rate of $300 per month with the tenant responsible for all utility costs . 2 . Do not authorize a lease agreement between C.S. McKrossen Construction, Inc. and the City of Shakopee for the office space located in the former recreation building. 3 . Table pending further information from staff . STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Move to authorize the appropriate City officials to execute a lease agreement by and between C.S. McKrossen Construction, Inc. and the City of Shakopee for office space at the recreation building for the period effective May 1st through November 30th at a rate of $300 per month with the tenant responsible for all utility costs . I ` MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Referendum Issues DATE: April 16, 1993 INTRODUCTION: On Monday, April 12, 1993 staff met with the City' s bond counsel and financial advisor to discuss issues associated with the proposed referendum. It would be appropriate at this time for City Council to discuss several issues that arose out of the meeting. BACKGROUND: On April 6, 1993 Council authorized the appropriate City officials to pursue a bond referendum to include a community center, detached ice arena, fire station and three fire trucks . The first task in preparing for this referendum involved a meeting with the City' s bond counsel and financial advisor. Shown in attachment #1 is a correspondence from Mr. Tom Hay (Dorsey & Whitney) suggesting language for the proposed referendum ballot . The City' s bond counsel is recommending that if the City wishes to pursue with a referendum to include fire fighting equipment that it be phrased in a separate question from the question that refers to municipal buildings . According to Mr. Hay, State Statute prohibits the grouping of disparate issues in one ballot question. He believes that equipment and government buildings are dissimilar and should be dealt with separately on a referendum. The suggested language proposed by Mr. Hay groups the two questions together to maintain the intent that was proposed by City Council in their motion of April 6, 1993 . At the meeting on April 12, 1993 , the City' s bond counsel and financial advisor both suggested that it might be more cost effective for the City to pursue other funding options in regard to acquiring fire equipment . Shown in attachment #2 is a correspondence from Dave McGillvary (Springstead Public Financial Advisors) regarding the three funding options that are available to City Council in terms of acquiring fire equipment . Springstead' s analysis indicates that from a capital outlay standpoint, G.O. Equipment Certificates are the most cost effective approach to financing fire equipment . However, it should be noted that under the Equipment Certificate scenario the City would have to annually levy approximately $240, 000 per year for four years as compared to approximately $75, 000 per year for 20 years under the G.O. Bond issue scenario. At the meeting on April 20, 1993 staff will also have a financial analysis from Springstead indicating the amount of referendum that could be supported by a $50 . 00, $70 . 00 and $90 . 00 annual levy on a $80, 000 . 00 home in Shakopee . If the information comes in prior to the Council meeting, staff will make every effort to get it to City Councilmembers . Mr. Tom Hay is also preparing a correspondence outlining what role City Council and staff members can play in the referendum. This letter should be available by the Council meeting next Tuesday. It would be appropriate at this time for City Council to discuss the following points : 1 . Ballot question and phrasing. 2 . Confirmation to proceed with G.O. Bonds to finance fire equipment . 3 . Referendum bond amount . 4 . The inclusion of the ice arena on the ballot (and the financing of part of the arena from bond issue proceeds) . Staff would recommend that Council make a motion in support of the language to be included on the official ballot . If Council wishes to proceed with their original motion to include the fire equipment on the referendum, no further action is needed on this issue . However, if Council wishes to delete the fire equipment from the referendum a motion would be in order. Secondarily, regarding the amount of General Obligation Bonds to be included in the referendum should be finalized in the very near future. Hopefully, the information provided by Mr. McGillvary at our next meeting will provide some direction to City Council in this area. If Council finds that they have enough information to proceed in setting our referendum amount, a motion would be in order. Lastly, staff requests discussion and direction on the amount of TIF funding for the ice arena. ALTERNATIVES: 1 . Move to approve the language for the referendum ballot as proposed by Dorsey and Whitney. 2 . Move to approve the language for the official ballot as proposed by Dorsey and Whitney deleting reference to utilizing General Obligation Bonds to finance fire equipment . 3 . Move to establish a General Obligation Bond referendum in an amount not exceeding $ 4 . Provide direction on the amount of TIF funding for the ice arena. 5 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends alternative #2 , #3 & #4 . ACTION REQUESTED: 1 . Move to approve the language for the official ballot as proposed by Dorsey and Whitney deleting reference to utilizing General Obligation Bonds to finance fire equipment . 2 . Move to establish a General Obligation Bond referendum in an amount not exceeding $ 3 . Indicated the amount of TIF proceeds to be used in construction of the arena. APR 15 '93 12:47 DORSEY & WHITNEY MINNEAPOLIS 4-4Lchrkeftli— OFFICIAL BALLOT SPECIAL ELECTION CITY OF SHAKOPEE, MINNESOTA JUNE 8, 1993 Question No. 1 YES Shall the City of Shakopee, Minnesota be authorized to issue its general obligation bonds in an amount not exceeding $ to finance all or a portion of the cost of acquiring, constructing and equipping municipal buildings, including an ice arena, a community NO center and a fire station? BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE . If the ballot question is passed and the bonds issued, the maximum amount of the increased levy as a percentage of market value is % and the amount that will be raised by the new referendum tax in the first year it is to be levied is $ INSTRUCTIONS TO VOTERS : If you wish to vote in favor of the above proposition, mark a cross (X) on the line preceding the word "YES" . If you with to vote against the above proposition, mark a cross (X) on the line preceding the word "NO" next to the proposition. Question No. 2 YES If question No. 1 passes, shall the City of Shakopee, Minnesota be authorized to issue its general obligation bonds in an amount not exceeding $ to finance the cost of acquiring fire fighting equipment, NO including three fire trucks? BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE. If the ballot question is passed and the bonds issued, the maximum amount of the increased levy as a percentage of market value is r____% and the amount that will be raised by the new referendum tax in the first year it is to be levied is $ INSTRUCTIONS TO VOTERS: If you wish to vote in favor of the above proposition, mark a cross (X) on the line preceding the word "YES" . If you with to vote against the above proposition, mark a cross (X) on the line preceding the word "NO" next to the proposition. 04/16/93 11: 45 FAX 612 223 3002 SPRINGSTED INC. Z 002.006 4.44-c,c•,Guu r,tk*Z. x;n 120 South S� Street SPRINGSTED Suite 2507 `✓ Minneapolis, MN 55402-1300 PUBLIC %-'MANCE ACVISCRS (6121 333-9177 Fax: (612) 349.5230 i.!orne Offrce 16655 West 6luemcund Road 95 cast Seventh Place Suite 290 Suite 100 Brookfield. 'WI 53005.5935 Saint Paa2 MN2 •301 2143 (4141 782-8222 (6I61 222.3.30 Fax: :414) 782.2904 Fax: (612) 223.3002 6800 College 3ouievard Suite 600 Overland Perk. KS 66211•1533 (913) 345-8062 Fax: (913) 345-1770 1800K Street NW Suite 831 Washington. QC 20005-2200 (2021 466.3344 Fax: (202) 2231362 April 16, 1993 Mr. Dennis Kraft, Administrator Shakopee City Hall 129 South Holmes Shakopee, MN 55379 Re: Financing of Fire Equipment Dear Mr. Kraft: The City has asked us to examine the financial feasibility of its funding options for purchasing $850,000 of fire equipment. The City has three funding options: 1. Inclusion with referendum general obligation financings with repayment over 20 years; 2. Issuance of general obligation equipment certificates with a maximum repayment of five years; and 3. Issuance of an equipment lease with more flexible repayment term, here assumed to be ten years. The financial feasibility of these options is determined based on initial issuance costs, Interest rate, total interest costs, and size of annual payments. For this analysis we have structured each option so that annual payments are approximately equal over the entire repayment term. For the equipment lease option, we have contacted a municipal leasing agent to discuss issuance costs and interest rates. The leasing agent determines its interest rate by applying a multiplier (1.09) times a national tax-exempt market index (Deiphis Hanover). In evaluating the lease option, the interest rate difference is based on the City's actual performance on its last sale to the Deiphis versus the lease multiplier applied to the Delphis. 04/16/93 11:36 V612 223 3000 SPRINGSTED 003/006 City of Shakopee, Minnesota April 16, 1993 Page 2 The comparison of financial feasibility is as follows: G.O. Equipment Financing Type G.O. Bonds Certificates Lease Referendum Required Yes No No Assumed Repayment Term 20 5 10 Principal Financed $880,000 $870,000 $860,000 Net to City 850,000 850,000 850,000 Estimated Issuance Costs 30,000 20,000 10,500 Estimated Interest Rate 5.652% 3.944% 5.601% Estimated Total Interest Payment 632,533 98,488 318,713 Estimated Annual Payment $79,400 $254,200 $123,800 The general obligation equipment certificate option is estimated to have far lower interest costs because the interest rate is significantly lower and principal is repaid sooner. The offset is higher annual payments caused by the shorter repayment term. In all three cases, the source of repayment is the property tax. The City must determine what level of annual payment is desirable. The City does have another option if the fire equipment is to be included in the referendum question. The City could sell two bond issues: one for all other items repaid over 20 years, and one for the fire equipment repaid over a shorter term. This approach does necessitate extra issuance costs for the two-issue approach. Also, for referendum-approved bond issues, the property taxes for debt repayment are based on the market value of the City not the tax capacity. This State law leads to higher tax burdens on residential property versus commercial/industrial. Therefore, reducing the amount of debt approved by referendum relieves some of the burden on residential taxpayers. We would be glad to assist the City in any further discussion of these options. espectfully, David N. MacGillivray Executive Vice President rlw /Saint Pau! Office cc: Mr. Thomas Hay, Dorsey & Whitney Enclosures 01%16.93 11:16 FAX 612 223 3002 SPRINGSTED INC. Z 001.006 • Prepared April 16, 1993 City of Shakopee, MinnesotaPrepared SPRINGSTED Incorporated G.O. Bonds (Referendum) Purchase of Fire Trucks Dated: 8- 1-1993 Mature: 2- 1 First Interest: 8- 1 -1994 Total Principal 105% Year of Year of Levy Mat. Principal Rates Interest& Interest5) oTotal6) ) (1 ) (2) (3) (4) 1993 1995 • 0 3.00% 69,495 69,495 72,970 4 80,17 76 1994 1996 30,000 3.40% 46,330 76,33047 1995 1997 30,000 3.70% 45,310 75,310 80,1 79,070 1996 1998 30,000 4.00% 44,200 0oa 74,20078,000 81 ,900 1997 1999 35,000 4.30% 80, 74,920 76,495 80,320 320 1998 2000 35,000 4.50% 41 ,495 1999 2001 35,000 4.65% 39,920 38,292 78,292 82,666 6 2000 2002 40,000 4.80% 80,191 , 2001 2003 40,000 5.00% 36,372 76,372 88 191 2002 2004 40,000 5.15% 34,372 74,372 5.30% 2003 2005 45,00032,312 77,312 81 ,17829,927 74,927 2004 2006 45,000 5.45% 77 427 78,673,33 2005 2007 50,000 5.60% 27,474 78,40814 4 674 2006 2008 50,000 5.70% 24,674 �6;a2a 80,665 2007 2009 55,000 5.75% 21 ,824 82,594 2008 2010 60,000 5.80% 18,661 78,681 15,181 75,181 78,940 2009 2011 60,000 5.80% 898 72,898 7 80,536 2010 2012 65,000 5.85% 11 ,701 78,701 76,536 2011 2013 65,000 5.85% 7, 74 095 77,800 2012 ,2014 70,000 5.85% 4,095 : TOTALS: 880 000 632,533 1,512,533 1,588,163 � 13, Bond Years: 11 ,415.00 Annual Interest: 632,53333 Avg. Maturity: 12.97 Plus Discount: 643,230 Avg. Annual Rate: 5.541% Net Interest: 5,733% 3 T.Y.C. Rate: 5.652% N.I.C. Rate: Interest rates are estimates; changes may cause significant alterations of this schedule. The actual underwriter's discount bid may also vary. 04/16/93 11:47 FAX 612 223 3002 SPRINGSTED INC. Z005, 006 City of Shakopee, Minnesota Prepared April 15, 1993g SPRINGSTED Incorporated G.O. Equipment Certificates Y Purchase of Fire Trucks Dated: 8- i -1993 Mature: 2- 1 First Interest: 8- 1 -1994 Total Year of Year of Principal 105% Levy Mat. Principal Rates Interest & Inter`sst of Total6) (7)(5)1 ) (2) (3) 1993 1995 195,000 3.00% 48,328 241 ,328 253,394 1994 1996 215,000 3.40% 25,035 240,035 252,037 1995 1997 225,000 3.70% 17,725 242,725 254,861 1998 1998 235,000 4.00% 9,400 244,400 256,620 TOTALS: 870,000 98,488 988,488 1 ,018,912 Bond Years: 2,875.00 Annual Interest: 98,488 Discount: 6,960 3.07 Plus Avg. Maturity: 105,448 Avg. Annual Rate: 3.682% Net Interest: 3, 48 T.I.C. Rate: 3.944% N.I.C. Rate: Interest rates are estimates; changes may cause significant alterations of this schedule. The actual underwriter's discount bid may also vary. 04.16.93 11:47 FAX 612 223 3002 SPRI\GSTED INC. Z006/006 City of Shakopee, Minnesota - Prepared April 16, 1993 Lease By SPRINGSTED Incorporated Purchase of Fire Trucks Dated: 8- 1 -1993 Mature: 2- 1 First Interest: 8. 1-1994 Total Year of Year of Principal 105% Levy Mat. Principal Rates Interest & Interest of Total (1 ) (2) (3) (4) (5) (8) (7) 1993 1995 45,500 4.00% 69,500 115,000 120,750 1994 1996 75,000 4.40% 44,513 119,513 125,489 1995 1997 75,000 4.70% 41 ,213 116,213 122,024 1996 1998 80,000 5.00% 37,688 117,688 123,572 1997 1999 85,000 5.30% 33,688 118,688 124,622 1998 2000 90,000 5.50% 29,183 119,183 125,142 1999 2001 95,000 5.65% 24,233 119,233 125,195 2000 2002 100,000 5.80% 18,865 118,865 124,808 2001 2003 105,000 6.00% 13,065 118,065 123,968 2002 2004 110,000 6.15% 6,765 116,765 122,603 TOTALS: 860,500 318,713 1 ,179,213 1 ,238,173 Bond Years: 5,645.75 Annual. Interest: 318,713 Avg. Maturity: 6.56 Plus Discount: 0 Avg. Annual Rate: 5.845% Net Interest: 318,713 T.I.C. Rate: 5.601% N.I.C. Rate: 5.645% Interest rates are estimates; changes may cause significant alterations of this schedule. IPF' -= 12:47 C;R:^E_Y 'c•J`4I HE•, NNE Pi 1L IN mo• •I: P chm e i1_ OFFICIAL BALLOT SPECIAL ELECTION CI'.;Y OF SHAKOPEE, !MINNESOTA JUNE , 1993 Question No. 1 YES 57.a • .;he City of Shakopee. Minnesota be authorized to is general obligation bonds in an amount not eec - -.ding $ __ to finance all or a portion of the cost of acquiring, constructing and equipping municipal buildings, including an ice arena, a community NO center and a fire station? BY VO?ING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING ::R A PROPERTY TAX INCREASE . If the ballot question is passed and the bonds issued, the maximum amount of the increased levy as a percentage of ma_Ket value is _ __ _._._. and the amount that will be raised by the new referendum tax in the first year it is to be levied is $ , INSTRUCTIONS TO VOTERS: If you wish to vote in favor of the above proposition, mark a cross (X) on the line preceding the word "YES" . If you with to vote against the above proposition, marc a cross (X) cn the line preceding the word "NO" next to the proposition . Quest.iJn No. 2 YES If question No. I passes, shall the City of Shakopee, Minnesota be authorized to issue its general obligation bonds in an amount not exceeding to finance the cost of acquiring fire righting equipment, including three fire trucks? BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING ERTL TAX INCREASE . If the ballot question is passed and the bonds issued, the maximum amount of the increased levy as a percentage of market value is _ _4 ard the amount that will be raised by t :4 referendum tax in the first year it Is to be levied is S INSTRU. -IONS TO VOTERS: It you wish to vote in favor -`,e a.bo:-e proposition, mark a cross (X) on t:.¢ a preceding the word "YES" . if you with Jc'_e a7ein$t t 'e above proposition, mark a cr- ;x1 c%7: -i:r preceding the word "NO" :.ex ._ : 04:16.93 11:45 FAX 612 223 3002 SPRINGSTEU INC:. a 002x006 c14w4rai'#Z ! 120 South S zi Stree: SPRINGSTED Su:•e 2507 Mtrr eavo'is. MN 55402-.300 P.s. + AcE ac�IScas (6121 333.9177 Fax' .:6127 349.523' 'ao.^re �f4r:e 95 :-.:3s! Severth ?!ace 15655 'Nes: Bi�e:rcurtd 4oac S6.te Su.te 7.f Pa,,;. MN :iGi 2:4= arooKfie�d, 'JI 53005.59335 51 ?73.100. (414; 782-8222 '612i 2 `ax- :4,41 782-2904 SSCC Co lege Bou evarri SQ.'e 6G: Cveriand Park, KS 66211•:533 (91.3' 345 2062 Fax. (9i.3) 345.1770 180:K S!reet 4W SL!te 331 wase"rgton, DC 2CGD6-22Q (2C2, 465.3344 Fax. ;202; 223-'362 April 16, 1993 Mr. Dennis Kraft, Administrator Shakopee City Hall 129 South Holmes Shakopee, MN 55379 Re: Financing of Fire Equipment Dear Mr. Kraft: The City has asked us to examine the financial feasibility of its funding options for purchasing $850,000 of fire equipment. The City has three funding options: 1. Inclusion with referendum general obligation financings with repayment over 20 years; 2. Issuance of general obligation equipment certificates with a maximum repayment of five years; and 3. Issuance of an equipment lease with more flexible repayment term, here assumed to be ten years. The financial feasibility of these options is determined based on initial issuance costs, Interest rate, total interest costs. and size of annual payments. For this analysis we have structured each option so that annual payments are approximately equal over the entire repayment term. For the equipment lease option, we have contacted a municipal leasing agent to discuss issuance costs and interest rates. The leasing agent determines its interest rate by applying a multiplier (1.09) times a national tax-exempt market index (Delphis Hanover). In evaluating the lease option, the interest rate difference is based on the City's actual performance on its last sale to the Deiphis versus the lease multiplier applied to the Delphis. 04/16/93 11:36 x`612 223 3000 SPR INGSTED Q003/006 City of Shakopee, Minnesota April 16, 1993 Page 2 The comparison of financial feasibility is as follows: G.0 Equipment Financing Type G.O. Bonds Certificates Lease Referendum Required Yes No No Assumed Repayment Term 20 5 10 Principal Financed $880;000 $870,000 $860,000 Net to City 850,000 850,000 850,000 Estimated Issuance Costs 30,000 20,000 10,500 Estimated Interest Rate 5.652% 3.944% 5.601% Estimated Total Interest Payment 632,533 98,488 318,713 Estimated Annual Payment $79,400 $254,200 $123,800 The general obligation equipment certificate option is estimated to have far lower interest costs because the interest rate is significantly lower and principal is repaid sooner. The offset is higher annual payments caused by the shorter repayment term. In all three cases, the source of repayment is the property tax. The City must determine what level of annual payment is desirable. The City does have another option ,f the fire equipment is to be included in the referendum question. The City could sell two bond issues: one for all other items repaid over 20 years, and one for the fire equipment repaid over a shorter term. This approach does necessitate extra issuance costs for the two-issue approach. Also, for referendum-approved bond issues, the property taxes for debt repayment are based on the market value of the City not the tax capacity. This State law leads to higher tax burdens on residential property versus commercial/industrial. Therefore, reducing the amount of debt approved by referendum relieves some of the burden on residential taxpayers. We would be glad to assist the City in any further discussion of these options. espectfully, \ David N. MacGillivray Executive Vice President rlw /Saint Paul Office cc: Mr. Thomas Hay, Dorsey & Whitney Enclosures 03.16.93 11:46 FAX 612 223 3002 SPRIyGSTEI> INC. 2001 006 City of Shakopee, Minnesota Prepared April 16, 1993 G.0. Bonds (Referendum) By SPRINGSTED Incorporated Purchase of Fire "rucks Dated: 8- 1 -1993 Mature: 2- 1 First Interest: 8- 1= -1994 Total Year of Year of Principal 105% Levy Mat. Principal Rates Interest & Interest of Total (1 ) (2) (3) (4) (5) (6) (7) 1993 1995 - 0 3.00% 69,495 69,495 72,970 1994 1996 30,000 3.40% 46,330 76,330 80,147 1995 1997 30,000 3.70% 45,310 75,310 79,078 1996 1998 30,000 4.00% 44,200 74,200 77,910 1997 1999 35,000 4.30% 43,000 78,000 81 ,900 1993 2000 35,000 4.50% 41 ,495 76,495 80,320 1999 2001 35,000 4.65% 39,920 74,920 78,666 2000 2002 40,000 4.80% 38,292 78,292 82,207 2001 2003 40,000 5.00% 36,372 76,372 80,191 2002 2004 40,000 5. 15% 34,372 74,372 78,091 2003 2005 45,000 5.30% 32,312 77,312 81 ,178 2004 2006 45,000 5.45% 29,927 74,927 78,673 2005 2007 50,000 5 .60% 27,474 77,474 81 ,348 2006 2008 50,000 5.70% 24,874 74,674 78,408 2007 2009 55,000 5.75% 21 ,824 76,824 80,665 2008 2010 60,000 5.80% 18,661 78,661 82,594 2009 2011 60,000 5.80% 15,181 75,181 78,940 2010 2012 65,000 5.85% 11 ,701 76,701 80,536 2011 2013 65,000 5.85% 7,898 72,898 76,543 2012 2014 70,000 5.85% 4,095 74,095 77,800 TOTALS: 880,000 632,533 1 ,512,533 1 ,588,163 Bond Years: 11 ,415.00 Annual Interest: 632,533 Avg. Maturity: 12.97 Plus Discount: 13,200 Avg. Annual Rate: 5.541% Net Interest: 645,733 T.I.C. Rate: 5.652% N.I .G. Rate: 5.657% Interest rates are estimates; changes may cause significant alterations of this schedule. The actual underwriter's discount bid may also vary. 0-1. 16.93 11:47 FAX 612 223 3002 SPRI\GSTEP INC. x]005%006 • City of Shakopee, Minnesota Prepared parldGApril 15, 1939 G.O. Equipment Certificates BY p93t8d Purchase of Fir;: Trucks Dated: 8- 1-1993 Mature: 2. 1 First Interest: 8. 1 -1994 Total Year of Year of Principal 105% Levy Mat. Principal Rates Interest & Interest of Total (1) (2) (3) (4) (5) (6) (7) 1993 1995 195,000 3.00% 48,328 241 ,328 253,394 1994 3988 215,000 3.40+It 25,035 240,035 037 1995 1997 225,000 3.70% 17,72581 242,725 25725 25448,881 1996 1998 235,000 4.00% 9,400 244, 20 TOTALS: 870,000 98,488 968,488 1 ,016,912 Bond Years: 2,875.00 Annual Interest: 98,488 88 Avg. Maturity; 3.07 Plus Discount: Avg. Annual Rate: 3.682% Net Interest: 105,448 T.I.C. Rate: 3.944% N.I.C. Rate: 3.942% Interest rates are estimates; changes may cause significant alterations of this schedule. The actual underwriter's discount bid may also vary. 04/16A3 11:47 FAX 612 223 3002 SPRINGSTED INC. Z006/006 City of Shakopee, Minnesota Prepared April 16, 1993 Lease 6y SPRINGSTED Incorporated Purchase of Fire Trucks Dated: 8- -1993 Mature: 2- 1 First Interest! 8- 1 -1994 Total Year of Year of Principal 105% Levy Mat. Principal Rates Interest & Interest of Total (1) (2) (3) (4) (5) (6) (7) 1993 1995 45,500 4.00% 59,500 115,000 120,750 1994 1996 75,000 4.40% 44,513 119,513 125,489 1995 1997 75,000 4.70% 41 ,213 116,213 122,024 1096 1998 80,000 5.00% 37,688 117,688 123,572 1997 1999 85,000 5.30% 33,688 118,688 124,622 1998 2000 90,000 5.50% 29,183 119,183 125,142 1999 2001 95,000 5.65% 24,233 119,233 125,195 2000 2002 100,000 5.80% 18,865 118,865 124,808 2001 2003 105,000 6.00% 13,065 118,065 123, 963 2002 2004 110,000 6.15% 6,765 116,765 122,60. TOTALS: 860,500 318,713 1 ,179,213 1 ,236, 173 Bond Years: 5,645.75 Annual Interest: 318,713 Avg. Maturity: 8.56 Plus Discount: Avg. Annual Rate: 5.645% Net Interest: 318,713 713 T.I.G. Rate: 5.601% N.I.C. Rate: Interest rates are estimates; changes may cause significant alterations of this schedule. , 04-20-93 13: 27 FAX 612 340 2644 DORSEY WHITNEY / 1 e , el002 MEMORANDUM TO: Dennis Kraft, City Manager CC: Karen Marty FROM: Thomas S. Hay DATE: April 20, 1993 RE: Election Question You have asked in what ways the city council and its staff may, within the bounds of existing law, encourage the public to vote in favor of a particular ballot question. Based on research and discussions with members of our firm expert in the area of election law, we have concluded that, in general, the city council and its staff, acting in their official capacities, may not overtly campaign for a particular result in an election. The reason for this is that public funds may be expended only for public purposes. We believe that this principal limits the public bodies from using their funds to influence the results of elections. In addition, election law prohibits public bodies and officials from requiring employees to take a particular position on any political issue. These two guiding principals mean that the city cannot use its funds or employees to disseminate information taking a position on a ballot question. These principals do not, however, prohibit the city council from making available information upon which the public can make an informed decision about a ballot question. Election law requires that all information published and disseminated relating to a ballot question must be true. While we understand that the city council does not intend to make false statements with respect to the ballot question, all written information disseminated by the city council will be subject to strict scrutiny by those opposed to the measure. We generally recommend that public bodies avoid providing printed statements on a ballot question and instead sponsor public informational meetings at which public officials and staff provide facts useful to those voting on and answer questions with respect to the ballot question. The prohibitions on officials and staff taking a position, in their official capacities, does not in any way limit their participation in the election process while acting as private citizens. Thus, members of the city council and staff may work to gain support for the measure as long as they do not represent that they are doing so in an official capacity. Please call me if you have any questions or would like additional clarification of the issues discussed here. DORSEY Sc WHITNEY O -. ) - C) I OD jCr D. o � 0 w w _CA) w(Co w I I 5. O 8 $ '3 �� u a, 2 o� � wrnm CD .� a. 0 _ _ _ri ir — 0 $ 80 1�, 15) D g cn O S ul i SD 0 � o o I$ $ $ $ a $ �c� a ,=. ri)� gr. 3 ' 0 0 0 0 I t° Nm c[] ° cep ° N ►w v to p �jo Z I �a N w Z {o_ 0 3 `..'O• Q 4 >Z a _ I _ m tso rn iscQ DI n. C Q1, Q Nj � O (J� � g3 3 O {D m c- $ ov, 8cn ..i iv n , N m Q 4 4 °. § 'Z 00 > SI -. 75 LT CC 10 3 cI o a 4 4 `tri- Vi 4 jEIg§go < v° co. o ; o cnoo . (4 w w !w0Ni v m rn rn m rn I l o0 I 10 g, 1 o c c < < < < 0 0 0 0 0 0 •> l � t 2 o - Cill co I A A �A 1.N' 091 \ \ 0_ c��D ,- --, ca S. v v N1 � � 0 0 0 0 co N• o 0% ): 11 11 I �� � 1 N w % Z1 N ti 1 33Q o -Ia. RI wii; C 1 12 -2 -2 1 I� 0gs o � co -„--I o 4 s 4 % j § �i c�ii 0 N1 = " 000 M � N o W a> 4.I m m o F o aI a 51 a FIT(Ca c t: .f 1. Y 1,-_, '✓ 119} V 4 S P R I N GST E D 120 South Sixth Street Suite 2507 ,, PUBLIC FINANCE ADVISORS Minneapolis, MN 55402-1800 (612) 333.9177 Fax: (612) 349-5230 • Home Office 85 East Seventh Place 16655 West Bluemound Road Suite 100 Suite 290 Saint Paul. MN 55101.2143 Brookfield. WI 53005.5935 (612) 223.3000 (414) 782-8222 Fax: (612) 223-3002 Fax: (414) 782-2904 6800 College Boulevard Suite 600 Overland Park, KS 66211-1533 (913) 345-8062 Fax: (913) 345-1770 April 20, 1993 1800K Street NW Suite 831 Washington. DC 20006-2200 (202) 466-3344 Fax: (202) 223-1362 Mr. Dennis Kraft, Administrator Shakopee City Hall 129 South Holmes Shakopee, MN 55379 Re: Bond Issue Sizing for Proposed Referendum Dear Mr. Kraft: The City has directed us to estimate a variety of bond issue sizes based on anticipated residential property tax bill increases. The City selected a homesteaded residential property with an $80,000 estimated market value. For this valuation we performed estimates based on tax bill increases of $50, $70 and $90 per year for bond issue terms of 15 and 20 years each. The property tax billed increases are based on state law and the City's tax base for payable 1993. Exhibit I is a summary of the range of bond issues given the information referenced above. These amounts are gross bonding figures from which issuance costs would have to be deducted. These estimates are based on current interest rates plus 1/5 of 1%, and have repayment based on even total payments over the terms indicated. The resulting bond issue sizes should be viewed as preliminary and would be finalized to maximize bond proceeds should the City so direct. We would be glad to respond to any questions which the City may have regarding these estimates. Respectfully, David N. MacGillivray Director, Project Management /dma enclosure cc: Thomas Hay, Esq., Dorsey & Whitney 3 23 (13 so 71 Fa y m E A� S- Sb_ ODco .0 � ODN _ N .4g- m m o m 0 088 to o TD -` � 0 0 0 0 0 0 � ° qg 50 4la .:N1 SA IO V 0 5 (0 o O �ppa cn W N 40 gym. a. E a 5-' m tpa v v itb (0 W W (. EDI Z g- 0 3 0 a 4 g 4 4 a 2 Z ,to 7 C (� N .i N N .a m V a 0 c 3a (�" N Q 0. Q Q Q Q 0 ul 0 of cn — � 0 3 0 g • N y o 0 0 0 CD CD o m c o a 'R. 'R. 'R. •R' sR. EgEgEE < K / g ! a . PT � . H . to V) Vf 000000 N m O H � v v v v v v � � � n H -cO (O cD (-O -tO 5 a a. to co co co co co No o W 0 8 .. a 0. W W W W O a lt• � N t t t t t O7 � x-' c 4 < < < < C ; 000009 �D 7go N W OD V at 00 ? m V V V N V V *c 0 * e a. a) X N 'O O ��4� �. m .. „► i W O a m 8 8 8 8 II �� Qa W ) N DJ ie, � i N W co N 1\3 5 Z , og 0 � �, -4 ca ca c4 m -1 g'co N ° 63 61 63 C4 63 !`g $ 000 m i N -r �$ v r v r 0 Q) W Cr: o 94. - O O O O 1-3- N t t t t t o a < < < < < < 3 N j (a CO Do 11 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Tahpah Park Concession Stand Improvement Project DATE: April 15, 1993 INTRODUCTION: On April 14 , 1993 bids were opened for the Tahpah Park Concession Stand Improvement Project. It would be appropriate at this time to authorize the appropriate City officials to enter into an agreement with one of the prospective bidders . BACKGROUND: Eleven bids were received for the Tahpah Park Concession Stand Improvement Project . The bid specifications called for a base bid for the building construction and an alternate bid for concrete replacement under the two existing wings . The concrete work under the two existing wings was bid as an alternate to eliminate from consideration in the event the base bid exceeded the project budget amount . Staff did allocate $100, 000 in the 1993 Capital Improvement Program to be funded from the Park Reserve Fund for this project . Since the bids are within the projected budget amount staff is recommending that we proceed with the alternate improvement at this time. The apparent combined aggregate low bid was submitted by Kuechle Construction in the amount of $81, 425 . 00 . Shown in attachment #1 is a summary of all bids submitted. Staff is in the process of reviewing the bids to determine consistency. Based upon our very preliminary review, staff is recommending that the appropriate City officials be authorized to enter into an agreement with Kuechle Construction for the Tahpah Park Concession Stand Improvement Project in an amount not to exceed $81, 425 . 00 . At the meeting next Tuesday, staff will be in a better position to comment on the consistency of the bids . ALTERNATIVES: 1 . Move to authorize the appropriate City officials to enter into an agreement with Kuechle Construction in the amount of $81, 425 . 00 for the Tahpah Park Concession Stand Improvement Project . 2 . Select one of the other bidders to complete the Tahpah Park Concession Stand Improvement Project . 3 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Move to authorize the appropriate City officials to enter into an agreement with Kuechle Construction in the amount of $81, 425 . 00 for the Tahpah Park Concession Stand Improvement Project . Attachment #1 BID OPENING TAHPAH PARK CONCESSIONS PROJECT NO. 1993-6 APRIL 14, 1993 10:00 A.M. SHAKOPEE, MINNESOTA PLANHOLDER/ADDRESS BID AMOUNT BOND CM CONSTRUCTION ��/ Cot 17233 HARRINGTON WAY LAKEVILLE, MN 55044 ,4µ /3/'KC EBERT, INC. 7R;.)fl P.O. BOX 97/9350 C.R. 19 LORETTO, MN 55357 �/� FENDLER CONSTRUCTION Iv t,CKO 4839 124TH ST. SAVAGE, MN 55378 «ctic1;71 a4, GREYSTONE CONSTRUCTION r7, 741C 1221 E. 4TH AVENUE ‘/. SHAKOPEE, MN 55379 JURRENS CONSTRUCTION 7021 CHICAGO AVE. S. RICHFIELD, MN 55423 BID OPENING TAHPAH PARK CONCESSIONS PROJECT NO. 1993-6 APRIL 14, 1993 10:00 A.M. SHAKOPEE, MINNESOTA PLAN HOLDER/ADDRESS BID AMOUNT BOND KUECHLE CONSTRUCTION -jr, %75 15500 9TH AVE. N. PLYMOUTH, MN 55447 ,41+ 9,'/ o LONSDALE PAINTING & DECORATING 127 N. MAIN ST./P.O. BOX 8 LONSDALE, MN 55046 MERRIMAC CONSTRUCTION 14533 HWY. 65 N.E. 1ANOKA, MN 55304 MIKKELSON-WULFF 126 BLAKE RD. N. /54Cc( I HOPKINS, MN 55343 All- R,.Sco SOCON CONSTRUCTION /0C;7c) 9901 XYLITE ST. N.E. MPLS., MN 55434 A Aµ 1/,oy BID OPENING TAHPAH PARK CONCESSIONS PROJECT NO. 1993-6 APRIL 14, 1993 10:00 A.M. SHAKOPEE, MINNESOTA PLANHOLDER/ADDRESS BID AMOUNT BOND STONEFIELD CONSTRUCTION 770 N. BUSINESS 71 WILLMAR, MN 56201 Atr+ - 0,210,1G UNITED CONTRACTING 92,'/coo 2817 ANTHONY LANE S./SUITE 304 MPLS., MN 55418 4(4- 2 x UNIVERSAL HOMES gvo 6209 MARYLAND AVE. N. !BROOKLYN PARK, MN 55428 1 ace W.H. CATES CONSTRUCTION TO/OM 1300 HWY. 55 IHAMEL, MN 55340 I}.H- 23,000 MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR FROM: DAVE HUTTON, PUBLIC WORKS DIRECTOR SUBJECT: ALLEY GRADER DATE: APRIL 15, 1993 INTRODUCTION Staff is requesting authorization to purchase an alley grader for the Public Works Department. BACKGROUND The Public Works Department has $60, 000 budgeted for a new alley grader. On March 16, 1993 the City Council directed staff to bid this equipment. On April 13 , 1993 bids were received and publicly opened for this equipment. A total of two bids were received and are attached. The low bid was submitted by Lano Equipment, Inc. of Shakopee for $50, 295 . 16, including trade-in and taxes. There is also an optional 24 month extended warranty for $1065. 00, including tax. Staff is requesting authorization to purchase this equipment. RECOMMENDATION Staff recommends purchasing the alley grader from the low bidder for $50, 295 . 16 . Staff does not recommend purchasing the extended warranty. ACTION REQUESTED Move to authorize the purchase of an alley grader from lano Equipment, Inc. of Shakopee for a total cost of $50, 295. 16 . CITY OF SHAKOPEE BID PROPOSAL FORM 1. MAKE & MODEL OF EQUIPMENT BEING BID: Champion C70A COST $ 79, 073. 00 2 . LESS TRADE-IN TOTAL TRADE VALUE $(15,273 . 00) (-) 3 . PURCHASER PAYS ONLY THIS AMOUNT $ 63, 800. 00 + applicable taxes This total will determine the best total bid available to the City for a contract. 4 . OPTIONAL EXTENDED SERVICE PLAN $ No Bid DELIVERY DATE 60 DAYS AFTER AWARD NOTE: Bidder must bid on all items and will be paid only Item #3 . Failure to bid on all items will disqualify bid. Respectfully submitted, Printed Name of Bidder: Sweeney Brothers Tractor, Inc. Signature of Bidder: Michael J.J. Sweeney, Vice Presi•ent Address of Bidder: 12540 Dupont Ave. , Burnsville, MN 55337 Telephone Number: (612) 894-9595 State whether bidder is: Individual: Firm: Partnership: By: Names of Partners: Titles: Address: Corporation: Sweeney Brothers Tractor, Inc. Telephone Number: 612 894-9595 State in which incorporated: Minnesota Bid and performance security in the amount of 5% of the Base Bid accompanies this proposal, the same being subject to forfeiture in the event the equipment is not furnished by the date specified, if the undersigned is designated by the City Council as the lowest responsible bidder and a purchase order is executed by the Public Works Director. 8 . CITY OF SHAKOPEE BID PROPOSAL FORM 1. MAKE & MODEL OF EQUIPMENT BEING BID: GEk l MG 7t4-1 COST $ 53i1a5;.3Q 2 . LESS TRADE-IN TOTAL TRADE VALUE $ 0500 • oa (-) 3 . PURCHASER PAYS ONLY THIS AMOUNT $ '7i c2 . S 5 `7o TA O (vci • This total will determine the best total bid available to the City for a contract. ' :9\011m- IL_ Ta-01w/-1-14 x -� r' /4`) �rr„J. TAX 4 . OPTIONAL EXTENDED SERVICE PLAN $ IO US. ° (`� S Nol DELIVERY DATE 30 7Dof) 1.117,1 S DAYS AFTER AWARD NOTE: Bidder must bid on all items and will be paid only Item #3 . Failure to bid on all items will disqualify bid. Respectfully submitted, Printed Name of Bidder: L� Q `�1m� .t•/ NC Signature of Bidder: �( � `' Address of Bidder: rx Telephone Number: (f) I a- 445- C93 10 State whether bidder is: Individual: Firm: L ` O � ` ,s �� lyCr Partnership: By: , Names of Partners: Titles: PR a Ad re s: Vi T )SLS+ LT - r. 553-79 Corporation: Telephone Number:l a- 4 4_S- (93)O �ry�c �� State in which incorporated: m1YlS1y Bid and performance security in the amount of 5% of the Base Bid accompanies this proposal, the same being subject to forfeiture in the event the equipment is not furnished by the date specified, if the undersigned is designated by the City Council as the lowest responsible bidder and a purchase order is executed by the Public Works Director. 8 . -k o cn M Ex- d �l,'�` � ►s ,a jno4PAs ��,�E i�l cft t 0-1 * n 0 C 7 v: d 0 0 0 v -+ 0 x_ a 0 ., 0 CONSEN I ) i nQ MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR n FROM: DAVE HUTTON, PUBLIC WORKS DIRECTO Rr.� SUBJECT: ONE TON TRUCK - PARKS DIVISION `vim DATE: APRIL 15, 1993 INTRODUCTION Staff is seeking authorization to purchase the box for the one-ton truck recently purchased for the Parks Division. BACKGROUND The 1993 Budget for the Parks Division of the Public Works Department includes $25, 000 for the purchase of a one-ton truck. This truck was bid through the Hennepin County Purchasing Program. In January, 1993 the City Council authorized the purchase of the truck for a total cost of $15, 104 . 90 including taxes. The truck has been purchased and has been delivered to the Public Works Building. The truck bid was for the chassis only and the box must be purchased separately by the City. Staff has obtained quotes from the two suppliers of boxes for various types of boxes (i. e. steel, aluminum, triple tipper, etc. ) . Please see attachment No. 1 for a detailed list of the quotes. Staff recommends purchase of the normal style, scissors type box (tips up only) and using aluminum rather than steel . The aluminum box is much lighter and also will not rust. Currently, some of the steel boxes that are less than 10 years old have rusted to the point where portions of the metal panels have been replaced. The aluminum box is heavy duty (1/4" thick) making it very durable. This truck will be used mainly for park work. The department will be selling the existing panel truck at the upcoming Hennepin County auction. ALTERNATIVES 1 . Purchase the aluminum box from Midland Equipment for $8, 550 . 00 plus taxes. 2 . Purchase the steel box from Crysteel for $5, 985 . 00 plus taxes. 3 . Other options. ATTACHMENT NO. 1 BOX QUOTES Midland Equipment Co. Crysteel Scissor type box Steel $7, 050. 00 $5, 985. 00 Aluminum $8, 550 . 00 No Bid Triple Tipper Steel $8, 350 . 00 $9 , 845 . 00 Aluminum $9, 850 . 00 No Bid Notes: - Scissor type box tips up only - Triple Tipper box tips up and sideways both directions - LaHass is the third company that usually submits a box bid but they have gone out of business. - These quotes do not include any sales tax. RECOMMENDATION Staff recommends Alternative No. 1 for reasons cited above. The net cost of the aluminum box with 6 1/2% sales tax is $9 , 105 . 75 . The total expenditure for the truck and box is $24 , 210 . 65 . The budget amount is $25, 000 . ACTION REQUESTED Move to authorize the purchase of an aluminum truck box from Midland Equipment Co. for the one-ton Parks truck for a total cost of $9 , 105. 75 utilizing the Capital Equipment Fund. 07' r' Sr: NIT I /A TABLED FROM 4/6/93 COUNCIL MEETING MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director cy( SUBJECT: Engineering Technician II DATE: March 30, 1993 INTRODUCTION: Council authorization is needed to fill the position of Engineering Technician II. BACKGROUND: The 1993 Engineering Department budget contains appropriations to hire an additional Engineering Technician II. In December, 1992 the City Council authorized staff to advertise for this position utilizing the Scott County Personnel Office. Scott County received a total of 72 applications for this position. After pre-screening and ranking the applications, a total of 25 applications were submitted to City staff for consideration and the top 5 applications were interviewed. Staff recommends the appointment of Mr. Mike Huber to the position of Engineering Technician II effective April 26, 1993 at Step 1 of the 1992 Pay Plan or $11.45/Hr. This position is a union position and depending on the final settlement of the union contract, the Step 1 rate may need to be adjusted. ALTERNATIVES: 1. Hire as recommended. 2. Do not fill the position. 3. Expand the interview process. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to appoint Mr. Mike Huber to the position of Engineering Technician II at a starting salary of$11.45/Hr., effective April 26, 1993. 1 ) ; 40 TO: Dennis Kraft, City Administrator .OM: Dave Hutton, Public Works Director SUBJECT: Engineering Technician II 9 DATE: April 20, 1993 There is an error in the memo regarding the Engineering Technician position. The starting salary per the 1992 Pay Plan should be $11.12 per hour, not the $11.45 per hour listed in the memo. The salary may be adjusted depending on the final settlement of the union contract. ACTION REQUESTED: Move to appoint Mr. Mike Huber to the position of Engineering Technician II at a starting salary of $11.12/Hr., effective April 26, 1993. DEH/pmp SALARY COi\ISENT MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director T: Civil Engineer ineer Position g DATE: April 15, 1993 INTRODUCTION: Council authorization is needed to fill the position of Civil Engineer. BACKGROUND: The 1993 Engineering Department budget contains appropriations to hire a Civil Engineer. In December, 1992 the City Council authorized staff to advertise for this position utilizing the Scott County Personnel Office. Scott County received a total of 69 applications for this position. After pre-screening and ranking the applications, a total of 10 applications were submitted to City staff for consideration and the top 5 applications were interviewed. Staff recommends the appointment of Mr. David Nummers to the position of Civil Engineer effective April 26, 1993 at Step 1 of the 1993 Pay Plan or $32,640.00 subject to the normal pre- hire testing and probationary period. ALTERNATIVES: 1. Hire as recommended. 2. Do not fill the position. 3. Expand the interview process. RECOMMENDATION: Staff recommends Alternative No. 1. Because this position is not listed on the pay plan, the pay plan must be amended. It has been determined that this position would be at 82 points in the pay plan. ACTION REQUESTED: 1. Move to appoint Mr. David Nummers to the position of Civil Engineer at Step 1 of the 1993 Pay Plan. 2. Offer Resolution No. 3785, A Resolution Amending Resolution No. 3736 which adopts the 1993 Pay Plan to add the position of Civil Engineer at 82 points. DEH/pmp HIRES RESOLUTION NO. 3785 A Resolution Amending Resolution No. 3736, Adopting The 1993 Pay Schedule For The Officers And Non Union Employees Of The City Of Shakopee WHEREAS, on January 19, 1993, the Shakopee City Council adopted Resolution No. 3736 approving the 1993 Pay Schedule for the Officers and Non Union Employees of the City of Shakopee; and WHEREAS, certain conditions and circumstances have changed to make it desirous to amend the 1993 Pay Schedule for the Officers and Non Union Employees of the City of Shakopee at this time. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shakopee, Minnesota,that the Civil Engineering position classification is hereby added to the Pay Schedule for the Officers and Non Union Employees of the City of Shakopee at the following pay steps: Step I Step II Step III Step IV Step V Step VI $32,649 $34,826 $37,002 $39,179 41,355 $43,532 Adopted in session 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 CONSENT l 1 K MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk�✓ RE: Application for Massage nter License from Today's Concept DATE: April 12 , 1993 INTRODUCTION AND BACKGROUND: I have received an application for a massage center license from Tracy Hohenstein, Today's Concept. Ms. Hohenstein wishes to renew her 1992 license. Ms. Hohenstein's application is in order. I have checked with the building department and the police department and both concurred that there is no reason to deny the application. ALTERNATIVES: 1] Approve license 2] Deny license 3] Table application RECOMMENDATION: Alternative No. 1, approve license. RECOMMENDED ACTION: Approve the application and grant a Massage Center License to Tracy Hohenstein, Today's Concept, 491 Marschall Road. I 1 L CONSENT There are not anticipated "budget versus actual expenditure" problems within division totals apparent at this point (4/93) for the 1993 budget. Attached is a print out showing the budget status as of 04/14/93 for 1993 based on data entered as of that date. Not included in the attached bill list but included in the total amount of bills shown on the agenda are the below listed educational reimbursements for employees. Employee Class Cost Therese Van Cleve Accounting I and Office Sys & Tech. $396 . 98 Mark McQuillan Intro To Planning $492 . 67 CITY OF SHAKOPEE :7//S/ 2- EXPENSES BY DEPARTMENT CURRENT YEAR ANNUAL MONTH TO PERCENT YTD BUDGET DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED BUDGET PERCENT 0 0 0 0 0.00 0 00 N/A 11 MAYOR & COUNCIL 69,140 65 14,474 21 23,046.44 33 12 CITY ADMINISTRATOR 246,770 6,625 64,044 26 82,256.12 33 13 CITY CLERK 110,960 3,918 27,806 25 36,986.48 33 15 FINANCE 264,540 7,446 50,254 19 88,179.52 33 16 LEGAL COUNSEL 131,820 3,962 30,775 23 43,939.44 33 17 PLANNING 288,740 7,208 54,484 19 96,246.12 33 18 GENERAL GOVERNMENT BUILDINGS 114,160 4,450 26,218 23 38,052.72 33 31 POLICE 1,302,920 45,025 418,502 32 434,305.92 33 32 FIRE 805,820 16,723 39,373 5 268,606.24 33 33 INSPECTION-BLDG-PLMBG-HTG 128,780 4,495 33,807 26 42,926.12 33 41 ENGINEERING 332,090 7,628 59,736 18 110,696.12 33 42 STREET MAINTENANCE 682,720 37,591 143,839 21 227,572.24 33 44 SHOP 148,120 1,507 33,521 23 49,372.84 33 46 PARK MAINTENANCE 315,940 6,589 46,215 15 105,312.12 33 48 REFUSE COLLECTION 513,550 39,735 119,950 23 171,183.00 33 61 POOL 150,300 103 4,213 3 50,099.60 33 64 RECREATION 194,110 5,884 48,922 25 64,703.08 33 91 UNALLOCATED 177,000 9,424 15,366 9 58,999.96 33 TOTAL GENERAL FUND 5,977,480 208,378 1,231,499 21 1,992,484.08 33 17 PLANNING 360,860 1,196 58,151 16 120,286.32 33 TOTAL TRANSIT 360,860 1,196 58,151 16 120,286.32 33 12 CITY ADMINISTRATOR 64,870 3,345 8,990 14 21,622.96 33 TOTAL HRA 64,870 3,345 8,990 14 21,622.96 33 00 N/A 889,400 0 0 0 296,466.64 33 0 0 296,466.64 33 TOTAL CAPITAL EQUIP REVOLVING FUND 889,400 0 __ 0 C) x rrj 0 � O. 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CC�7 tt 0 hi X hi H H tzl PI z C z t7 d P-3 H 9 b H O's H .o La -Cl)V+ <n <n F-' rn r-' < CO r <n H . <n 0 rn co <n <n 0 .A V+ 4 VI .J H A .0 H H ‘.0 N <" N) VI CO 4, VI O. -J -CO N CO H -CO V+ H N A U' rn 0 ON w -4 4, 0 H 4 .o Cr, 4- 0 O O s-J V+ H N 1, •o O CO t✓ VI J A W 0 •D Vt S.C. V+ 4- -4 0 La 0 0 A v * .b Co 00 CD H CONSENT iia) MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director , SUBJECT: Spencer Street, 4th Avenue to 10th Avenue DATE: April 13, 1993 INTRODUCTION: Attached is Resolution No. 3779 which establishes a Municipal State Aid Route. BACKGROUND: The City of Shakopee has previously submitted a request to Mn/DOT to add Spencer Street(from 4th Avenue to 10th Avenue to the Municipal State Aid System (MSAS). Scott County recently turned back a portion of Spencer Street from Shakopee Avenue to 10th Avenue to the City of Shakopee, so that the City of Shakopee could add the segment of Spencer Street between 4th Avenue and 10th Avenue to the MSAS. We have received preliminary approval from the District State Aid Engineer for adding this segment to the MSAS. The next step in the process is to adopt a resolution designating that this street be added to the MSAS. Attached is Resolution No. 3779 which adds Spencer Street from 4th Avenue to 10th Avenue to the system. ALTERNATIVES: 1. Adopt Resolution No. 3779. 2. Deny Resolution No. 3779. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3779,A Resolution Establishing Municipal State Aid Highways for Spencer Street, from 4th Avenue to 10th Avenue and move its adoption. DEH/pmp MEM3779 RESOLUTION NO. 3779 RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS FOR SPENCER STREET, FROM 4TH AVENUE TO 10TH AVENUE WHEREAS, it appears to the City Council of the City of Shakopee that Spencer Street hereinafter described should be designated a State Aid Street under the provisions of Minnesota Law. NOW THEREFORE,BE IT RESOLVED,by the City Council of the City of Shakopee that the road described as follows, to-wit: Spencer Street from 4th Avenue (County State Aid Highway 16) to 10th Avenue (Municipal State Aid Highway 166-105-030) be, and hereby is established, located, and designated a Municipal State Aid Street of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this Resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said road or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Shakopee, to be numbered and known as Municipal State Aid Street 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 CONSENT 0-410 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director 0 SUBJECT: 1993 Sidewalk Replacement Project 6 DATE: April 13, 1993 INTRODUCTION: Attached is Resolution No. 3780 which orders a public hearing for the 1993 Sidewalk Replacement Program. BACKGROUND: In 1989 the City Council adopted a policy whereby all sidewalk replacement in Shakopee would be funded 50% by the abutting property owner and 50% by the City of Shakopee. The City Council also indicated that the Capital Improvements Program would include $25,000.00 a year for annual sidewalk replacement. The Engineering Department has divided the City up into various zones (see attached map). In 1990, the first year of this program, all defective sidewalk located in Zone 4 was replaced. The 1991 and 1992 Sidewalk Replacement Program was combined due to the early snowfall in 1991, thereby replacing all defective sidewalk located in Zone 3 in 1992. The City Attorney has advised staff that in order to assess any portion of this project, a public hearing must first be held. Since the City has adopted a 50% cost to the abutting property owner for this project, a public hearing is required in order to assess that 50%. Attached is Resolution No. 3780 which sets the public hearing for this project. The public hearing has been scheduled for May 18, 1993. ALTERNATIVES: 1. Adopt Resolution No. 3780, setting the public hearing for May 18, 1993. 2. Adopt Resolution No. 3780, but set the hearing for a different date. 3. Do not adopt Resolution No. 3780. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 3780 setting the public hearing for May 18, 1993. ACTION REQUESTED: Offer Resolution No. 3780, A Resolution Calling a Hearing on the 1993 Sidewalk Replacement Program, Project No. 1993-11 and move its adoption. DEH/pmp MEM3780 RESOLUTION NO. 3780 A Resolution Calling A Hearing On The 1993 Sidewalk Replacement Program Project No. 1993-11 WHEREAS, the City Council has adopted a Sidewalk Replacement Policy by Ordinance No. 279 adopted August 25, 1989 which allows for the funding of replacing/repairing sidewalks by 50% City and 50% property owner; and WHEREAS, the City Engineer has prepared a list of locations to be included in the 1993 Sidewalk Replacement Program and has presented that list to the City on April 20, 1993. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The Council will consider the improvement of the 1993 Sidewalk Replacement Program in accordance with the report and the assessment of abutting and benefitted property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of$25,000.00. 2. A public hearing shall be held on such proposed improvements on the 18th day of May, 1993, at 7:00 P.M. or thereafter, in the Council Chambers of City Hall, at 129 South Holmes Street, Shakopee, Minnesota, and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. The work of this project is hereby designated as part of the 1993-11 Public Improvement Program. 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 ESTIMATED 1993 SIDEWALK REPLACEMENT ASSESSMENT ROLL LEGAL PID # OWNER DESCRIPTION 27-001081-0 Cole & Ruth VanHorn Lot 1, Blk. 7 437 E. 4th Avenue Shakopee Plat Shakopee, MN 55379 27-001082-0 Parkside Printing Lot 2, Blk. 7 321 W. 1st Avenue Shakopee Plat Shakopee, MN 55379 27-001084-0 Ronald Weinzierl E 10' of 3 &All of 4 313 1st Avenue Blk. 7 Shakopee, MN 55379 Shakopee Plat 27-001086-0 Edward Fonnier &Wife S 1/2 of Lot 5 303 W. 1st Avenue BIk. 7 Shakopee, MN 55379 Shakopee Plat 27-001091-0 Al Berkland Lots 4 & 5 1165 Monroe Street BIk. 8 Shakopee, MN 55379 Shakopee Plat 1 27-001129-1 Cy's Standard Service S 42' of Lots 6 & 7 312 W. 1st Ave. Block 20 Shakopee, MN 55379 Shakopee Plat 27-001133-0 Pauline Philipp Lot 10, Blk. 20 336 W. 1st Avenue Shakopee Plat Shakopee, MN 55379 27-001135-0 Richard Stoks P/O of 1-3, Blk. 21 P.O. Box 65 Lying N'rly of LN BEG Shakopee, MN 55379 110.7 S of NW Cor 1, SE to PT 138.85 S of NE Cor 3 Shakopee Plat 27-001144-0 Art Berens & Sons, Inc. Lots 1, 2, & 3 123 W. 2nd Avenue Blk. 22 Shakopee, MN 55379 Shakopee Plat 27-001165-0 Larry Warden S 39' of Lot 6 112 S. Lewis Street S 23' of N 103' Shakopee, MN 55379 of Lot 6 and E 15' of S 62' of Lot 7 BIk. 23 Shakopee Plat 27-001179-0 Eugene & Esther Brown Lots 3, 4 & E 1' of 2 610 McDevitt Street Blk. 24 Shakopee, MN 55379 Shakopee Plat 27-001180-0 Darrel &Joyce Yohnke Lot 5 EX N 64 1/2 148 Sommerville Street BIk. 24 Shakopee, MN 55379 Shakopee Plat ESTIMATED 1993 SIDEWALK REPLACEMENT ASSESSMENT ROLL LEGAL PID # OWNER DESCRIPTION 27-001192-0 Bart Partners Lots 1, 2 & 3 4804 W. 60th Street BIk. 25 Edina, MN 55424 Shakopee Plat 27-001209-0 Marvin & Gloria Gustafson Lot 2, Blk. 27 413 E. 3rd Avenue Shakopee Plat Shakopee, MN 55379 27-001210-0 John & Gwendolyn Hennen Lot 3, Blk. 27 421 E. 3rd Avenue Shakopee Plat Shakopee, MN 55379 27-001218-0 Frederick Houle &Wife S 90 - 3/10' of Lots 231 S. Sommerville St. 1 & 2 Ex RR, Blk. 28 Shakopee, MN 55379 Shakopee Plat 27-001219-0 Franklin Haws, Jr. N 51 - 7/10' of 1 & 2 225 S. Sommerville St. BIk. 28 Shakopee, MN 55379 Shakopee Plat 27-001230-0 City of Shakopee Lot 4, BIk. 29 129 S. Holmes Street Lying N of RR Shakopee, MN 55379 Shakopee Plat 27-001241-0 Shakopee Investment One Lot 4 & N 81' of 5 2831 Sandpiper Trail Shakopee Plat Excelsior, MN 55331 27-001244-0 City of Shakopee Lots 8, 9 & 10 & N 1/2 129 S. Holmes Street of Vacated Alley Adj to Shakopee, MN 55379 9 & 10, Blk. 30 Shakopee Plat 27-001248-0 Carol Eastman S 501//2' of Lots 6 & 7 152752 Thistle Drive & P/O Alley Abutting Fountain Hills, AZ 85268 Said Lots, Blk. 31 Shakopee, Mn. 55379 Shakopee Plat 27-001260-0 Daniel Lebens W 45' of Lot 10 207 1/2 S. Atwood St. Blk. 32 Shakopee, MN 55379 Shakopee Plat 27-001267-0 City of Shakopee W 1/2 of 9 &All 129 S. Holmes Street Of 10, BIk. 33 Shakopee, MN 55379 Shakopee Plat 27-001271-0 Jerome Jaspers Lot 5, BIk. 34 206 Scott Street Shakopee Plat Shakopee, MN 55379 27-001281-0 Eleanore Huth Lot 5, Blk. 35 505 W. 3rd Avenue Shakopee Plat Shakopee, Mn. 55379 27-001306-0 Elroy Koch &Wife Lot 2, Blk. 43 627 W. 4th Avenue Shakopee Plat Shakopee, MN 55379 ESTIMATED 1993 SIDEWALK REPLACEMENT ASSESSMENT ROLL LEGAL PID # OWNER DESCRIPTION 27-001307-0 Rosemary Ashton Lot 3, Blk. 43 619 W. 4th Avenue Shakopee Plat Shakopee, MN 55379 27-001308-0 Mark & Robin Barry Lot 4, Blk. 43 611 W. 4th Avenue Shakopee Plat Shakopee, MN 55379 27-001309-0 Jerome & Georgia Steinhoff Lot 5, Blk. 43 605 W. 4th Avenue Shakopee Plat Shakopee, MN 55379 27-001322-0 Ilse Welter S 1/2 of 1 & 2 435 W. 4th Avenue BIk. 45 Shakopee, MN 55379 Shakopee Plat 27-001323-0 St. Marks Church Lots 3-5, Blk. 45 333 W. 4th Avenue Shakopee Plat Shakopee, MN 55379 27-001327-0 St. Marks Church All of Blk. 46 333 W. 4th Avenue Shakopee Plat Shakopee, MN 55379 27-001334-0 Emil & Esther Halden Lot 6, Blk. 47 206 W. 3rd Ave. Shakopee Plat Shakopee, MN 55379 27-001344-0 E.L. Dahl E 58' of N 54 1/2' 324 Holmes St. of 5, Blk. 48 Shakopee, MN 55379 Shakopee Plat 27-001345-0 Charley B, Inc. Lot 6, Blk. 48 11080 Oregon curve Shakopee Plat Bloomington, MN 55438 27-001349-0 George Bango Lot 10, BIk. 48 5210 W. Monte Cristo Ave. Shakopee Plat Glendale, AZ 85306 27-001362-0 Robert Vierling Lots 3, 4,& 5 221 E. 4th Ave. BIk. 50 Shakopee, MN 55379 Shakopee Plat 27-001364-0 Timothy & Mary Rein Lot 6, Blk. 50 306 S. Sommerville St. Shakopee Plat Shakopee, MN 55379 27-001369-0 Robert &April Nead Lot 1, Blk. 51 303 E. 4th Ave. Shakopee Plat Shakopee, MN 55379 27-001378-0 Cole & Ruth VanHorn Lots 3 &4, Blk. 52 437 E. 4th Ave. Shakopee Plat Shakopee, MN 55379 ESTIMATED 1993 SIDEWALK REPLACEMENT ASSESSMENT ROLL LEGAL PID # OWNER DESCRIPTION 27-001380-0 Helmer & Nancy Halverson Lot 6, Blk. 52 13624 Spring Lake Rd. Shakopee Plat Minnetonka, MN 55345 27-001383-0 Rick Welch Lot 9, Blk. 52 412 E. 3rd Ave. Shakopee Plat Shakopee, MN 55379 27-001384-0 Steven & Naomi Benedict Lot 10, Blk. 52 404 E. 3rd Ave. Ex RR Shakopee, MN 55379 Shakopee Plat 27-001829-0 Bernice Lebens Lot 8, Blk, 166 548 E. 3rd Ave. Shakopee Plat Shakopee, MN 55379 27-001830-0 Jerome Wagner & Wife Lot 9, Blk. 166 538 E. 3rd Ave. Shakopee Plat Shakopee, MN 55379 27-001832-0 Eugene Netzbandt &Wife Lot 11 & 12, Blk. 166 518 E. 3rd Ave. Shakopee Plat Shakopee, MN 55379 27-001837-0 John Lallak &Wife Lot 4, Blk. 167 529 E. 3rd Ave. Shakopee Plat Shakopee, MN 55379 27-001838-0 Phyllis Schesso Lot 5, Blk. 167 224 Main Street Shakopee Plat Shakopee, MN 55379 27-004015-0 Leland & Barbara Scheller Lot 2, Blk. 3 613 E. 3rd Ave. East Shakopee Shakopee, MN 55379 27-004016-0 Richard Welch &Wife Lot 3, Blk. 3 619 E. 3rd Ave. East Shakopee Shakopee, MN 55379 27-004018-0 Alice Fehring Lot 5, Blk. 3 635 E. 3rd Ave. East Shakopee Shakopee, MN 55379 27-004029-0 Gary & Debbie Snyder Lot 6, Blk. 4 638 E. 3rd Ave. East Shakopee Shakopee, MN 55379 27-004030-0 Philip & Betty Hvidsten Lot 7, Blk. 4 628 E. 3rd Ave. East Shakopee Shakopee, MN 55379 27-004031-0 Randall Haas Lot 8, Blk. 4 620 E. 3rd Ave. East Shakopee Shakopee, MN 55379 ESTIMATED 1993 SIDEWALK REPLACEMENT ASSESSMENT ROLL LEGAL PID # OWNER DESCRIPTION 27-004033-0 John Loewing Jr. & Wife Lot 10, Blk. 4 606 E. 3rd Ave. East Shakopee Shakopee, MN 55379 27-004038-0 Charles & Moe &Wife West 1/2 of 4-5 706 E. 3rd Ave. Blk. 5 Shakopee, MN 55379 East Shakopee 27-068004-0 Shakopee Prof. Group Lot 4 (Ex N'erly 10') %Don Schesso, #100 &5, Blk. 1 327 S. Marschall Rd. Furries 1st Addn Shakopee, MN 55379 27-087009-0 Marquette Bank- Shakopee Lot 5, Blk. 2 1251 4th Ave. E. Furries 2nd Addn Shakopee, MN 55379 Railroad ROW Railroad ROW at Marschall Road at Marschall Road City of Shakopee CONSENT Jac MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Renewal of Premises Permits for VFW DATE: April 14 , 1993 INTRODUCTION AND BACKGROUND: The Shakopee VFW Post #4046 is applying for renewal of their premises permits beginning August 1st. Prior to the State Gambling Control Board renewing their permits, they must receive a resolution from the local governing body approving the permits. The VFW is selling pull tabs at four sites and holding bingo games at one site. The VFW is in compliance with current city code requirements relating to charitable gambling. RECOMMENDATION: Approve renewal of the premises permits. RECOMMENDED ACTION: Offer Resolution No. 3781, A Resolution of the City of Shakopee, Minnesota, Approving Premises Permits for The Shakopee VFW Post #4046, and move its adoption. - _ . RESOLUTION NO. 3781 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A PREMISES PERMITS FOR THE SHAKOPEE VFW POST #4046 WHEREAS, the 1990 legislature adopted a law which requires municipal approval in order for the Gambling Control Board to issue or renew a premises permit; and WHEREAS, Shakopee VFW Post #4046 is seeking renewal of their Premises Permits beginning August 1, 1993 for their four sites in Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the Premises Permits for the following Shakopee VFW Post #4046 sites are hereby approved: VFW, 1201 East 3rd Avenue; Turtle' s Bar, 132 East 1st Avenue; Eagles Aerie #4120, 220 West 2nd Avenue; Cheers 2 Ya, 911 East 1st Avenue. Adopted in Adjourned Regular Session of the City Council of the City of Shakopee, Minnesota, held this 20th day of April, 1993 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director- SUBJECT: T.H. 169 Minibypass - Traffic Signal Agreement DATE: April 14, 1993 INTRODUCTION: Attached is Mn/DOT Agreement No. 70600M regarding the maintenance of the 3 new traffic signals being installed as part of the T.H. 169 Minibypass Project. BACKGROUND: As part of the T.H. 169 Minibypass Project, Mn/DOT will be removing the existing traffic signal at 1st Avenue and Holmes Street and installing 3 new traffic signals as follows: Signal A - 1st Avenue and Holmes Street Signal B - Intersection of the bridge with the minibypass Signal C - 1st Avenue east of Sommerville Street Attached is proposed Agreement No. 70600M covering the cost participation for the construction and maintenance of these signals. The agreement indicates that Mn/DOT will pay all construction costs. In regards to the maintenance, the agreement stipulates the following: 1. The City shall provide the power for the operation of the signals. 2. The City shall provide the maintenance of the luminaries, relamping, street lights and painting of the control cabinets and most arms for Signals A and C. 3. Mn/DOT will perform all maintenance for Signal B. The proposed agreement is similar to the existing agreements between Mn/DOT and the City for the existing signals at Lewis Street and Holmes Street. Currently, at Lewis Street the City performs the routine maintenance as described above since this is a City street intersecting a State Highway. At Holmes Street, Mn/DOT does all the maintenance since it is mainly an intersection of two State Highway. The City utilizes Shakopee Public Utilities Commission's (SPUC) crews for the maintenance at Lewis Street and reimburses them for their costs. Staff has submitted this agreement to SPUC for their review. The City Attorney is currently reviewing the agreement also. Attached is Resolution No. 3783, which authorizes the execution of this agreement. ALTERNATIVES: 1. Adopt Resolution No. 3783. 2. Deny Resolution No. 3783. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3783, A Resolution Authorizing the Execution of Mn/DOT Agreement No. 70600M Regarding the Construction and Maintenance of the Traffic Signals for the T.H. 169 Bridge and Minibypass Project and move its adoption. DEH/pmp SIGNALS 4,`N"Es°2:1 Minnesota Department of Transportation D-1-0 Metropolitan District 70Transportation Building ;FNIII Qo St. Paul, Minnesota 55155 -1-. s OF T RPS Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128 Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesb ffice Reply to 779-1125 Telephone No. April 1, 1993 Mr. David Hutton Public Works Director/Engineer 129 East 1st Avenue Shakopee, Minnesota 55379 Dear Mr. Hutton: SUBJECT: S.P. 7005-70 & 7009-61 Traffic Control Signal Agreement No. 70600M With City of Shakopee Attached are three copies of an agreement between the State of Minnesota, Department of Transportation, and the City of Shakopee covering the cost, maintenance, and operation of traffic signals at Fuller Street, on T.H. 169 at T.H. 101, and T.H. 101 at 1st Avenue in Shakopee, Minnesota, Scott County. If this agreement meets with your approval, kindly present it to the City Council for their approval and execution. The Corporate Seal should be affixed to all copies of the agreement and all copies of the resolution. When the agreement has been executed by the City Council, all three copies are to be returned to this office, together with three certified copies of a resolution authorizing its officers to sign it on its behalf. After the agreement has been executed by the proper State officials, a certified copy will be returned to you for your files. Sincerely, Beverly A. B. Farraher, P.E. Division Signal Design Engineer Attachments: An Equal Opportunity Employer MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 70600M BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF SHAKOPEE TO Remove the existing Traffic Control Signals on Trunk Highway No. 101 at Trunk Highway No. 169 (Holmes Street) and at Lewis Street; Install new Traffic Control Signals with Street Lights and Signing on Trunk Highway No. 169 at Fuller Street, on Trunk Highway No. 169 — Trunk Highway No. 101 at Trunk Highway No. 169/Trunk Highway No. 101 and on Trunk Highway No. 101 at First Avenue; and Install Interconnect from Trunk Highway No. 169 at Scott Street to Trunk Highway No. 101 at First- Avenue in Shakopee, Scott County, Minnesota. S .P. 7005-70 and 7009-61 Prepared by Traffic Engineering ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED None None Otherwise Covered _Y THIS AGREEMENT made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" , and the City of Shakopee, hereinafter referred to as the "City" , WITNESSETH: WHEREAS, Minnesota Statute 161 .20 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of construction, maintaining and improving the Trunk Highway system; and WHEREAS, the State has determined that there is justification and it is in the public' s best interest to remove the existing traffic control signals on Trunk Highway No. 101 at Trunk Highway No. 169 (Holmes Street) and at Lewis Street; install new traffic control signals with street lights and signing on Trunk Highway No. 169 at Fuller Street, on Trunk Highway No. 169 — Trunk Highway No. 101 at Trunk Highway No. 169/Trunk Highway No. 101, and on Trunk Highway No. 101 at First Avenue; and install interconnect from Trunk Highway No. 169 at Scott Street to Trunk Highway No. 101 at First Avenue; and WHEREAS, the City and State will participate in the maintenance and operation of the traffic control signals with street lights, signing and interconnect as hereinafter set forth; 70600M - 1 - NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The State shall prepare the necessary plan, specifications and proposal which shall constitute "Preliminary Engineering" . The State shall also perform the construction inspection required to complete the items of work hereinafter set forth, which shall constitute "Engineering and Inspection" . 2 . The State with its own forces and equipment or by contract shall remove the existing traffic control signals on Trunk Highway No. 101 at Trunk Highway No. 169 (Holmes Street) and at Lewis Street; install new traffic control signals with street lights and signing on Trunk Highway No. 169 at Fuller Street (System "A") , on Trunk Highway No. 169 — Trunk Highway No. 101 at Trunk Highway No. 169/Trunk Highway No. 101 (System "B") , and on Trunk Highway No. 101 at First Avenue (System "C") ; and install interconnect from Trunk Highway No. 169 at Scott Street to Trunk Highway No. 101 at First Avenue in accordance with the plan and specifications for State Project No. 's 7005-70 and 7009-61. The City has paid their share of the Construction Cost "up front" in accordance with existing Agreement No. 67171. The State shall pay all remaining Construction Costs, at its own cost and expense. 3 . The City shall provide an adequate electrical power supply to the service pads or poles, and upon completion of 70600M - 2 - said traffic control signals with street lights installations (Systems "A" , "B" and "C" ) shall provide necessary electrical power for their operation at the cost and expense of the City. 4 . Upon completion of the work contemplated in Paragraph 2 (Systems "A" and "C" ) hereof, it shall be the City' s responsibility, at its cost and expense, to: (1) maintain the luminaires and all its components, including replacement of the luminaire if necessary; (2) relamp the traffic control signals and street lights; and (3) clean and paint the traffic control signals, cabinets and luminaire mast arm extensions . It shall be the State' s responsibility, at its cost and expense, to maintain the signing and interconnect and to perform all other traffic control signal and street light maintenance. 5 . Upon completion of the work contemplated in Paragraph 2 (System "B" ) hereof, it shall be the State' s responsibility, at its cost and expense, to perform all traffic control signal and street light maintenance, including maintaining the signing and interconnect. 6 . Any and all persons engaged in the aforesaid work to be performed by the State shall not be considered employees of the City and any and all claims that may or might arise under the Worker' s Compensation Act of this State on behalf of said employees while so engaged, and any and all claims made by any 70600M - 3 - third party as a consequence of any act or omission on the part of said employees while so engaged on any of the work contemplated herein shall not be the obligation and responsibility of the City. The State shall not be responsible under the Worker' s Compensation Act for any employees of the City. 7 . Timing of the traffic control signals provided for herein shall be determined by the State, through its Commissioner of Transportation, and no changes shall be made therein except with the approval of the State. 70600M - 4 - • CITY OF SHAKOPEE APPROVED AS TO FORM: By City Attorney Mayor (City Seal) By City Administrator STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: DEPARTMENT OF TRANSPORTATION By Assistant Division Engineer Assistant Commissioner Operations Division Dated APPROVED AS TO FORM AND EXECUTION: DEPARTMENT OF ADMINISTRATION By Assistant Attorney General State of Minnesota Dated 70600M - 5 - RESOLUTION NO . 3783 A Resolution Authorizing The Execution Of Minnesota Department of Transportation Agreement No . 70600M Regarding The Construction And Maintenance Of The Traffic Signals For The Trunk Highway 169 Bridge And Minibypass Project BE IT RESOLVED that the City of Shakopee enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: To remove the existing traffic control signals on Trunk Highway No. 101 at Trunk Highway No. 169 (Holmes Street) and at Lewis Street; install new traffic control signals with street lights and signing on Trunk Highway No. 169 at Fuller Street, on Trunk Highway No. 169 — Trunk Highway No. 101 at Trunk Highway No. 169/Trunk Highway No. 101, and on Trunk Highway No. 101 at First Avenue; and install interconnect from Trunk Highway No. 169 at Scott Street to Trunk Highway No. 101 at First Avenue in accordance with the terms and conditions set forth and contained in Agreement No. 70600M, a copy of which was before the Council . BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. CERTIFICATION State of Minnesota County of Scott City of Shakopee I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Shakopee at a duly authorized meeting thereof held on the day of , 1993 , as shown by the minutes of said meeting in my possession. City Clerk (Seal) I 1,T MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Judy Case Assessment DATE: April 15, 1993 INTRODUCTION: Attached is Resolution No. 3784, which amends Resolution No. 3071 which adopted the Special Assessments for the Downtown Streetscape Project,to provide for an adjustment to the Judy Case property. BACKGROUND: On August 5, 1989 the City Council adopted the special assessments for the Downtown Streetscape Project No. 1987-2 by Resolution No. 3071. The assessments for this project consisted of only 25% of the street, curb, gutter and sidewalk costs, along with any new sewer, watermain or streetscape items (i.e benches, bricks, etc.) were assessed. The adopted formula for apportioning the assessments was based on 70% front footage and 30% area for each block in question. The property owner has provided documents which show that an error on the calculations used for the Judy Case property, PID # 27-001249-0, located at 2nd Avenue and Holmes Street. Basically, in computing the assessments for this parcel, staff did not eliminate the old railroad spur right-of-way from the Case parcel. Therefore, both the area and frontage of that lot were incorrect in the original calculations. Staff has recalculated the assessments as shown on Attachment No. 1, which reduces the assessment from $4,224.00 to $3,364.00. Attached is Resolution No. 3784 which amends the original assessment roll. ACTION REQUESTED: Offer Resolution No. 3784, A Resolution Amending Resolution No. 3071 and move its adoption. DEH/pmp MEM3784 JUDY CASE ASSESSMENT ORIGINAL ASSESSMENT Front Foot Cost = $44.543080 Square Foot Cost = $0.125719 Adjusted Front Foot = 66.8 x $44.543080 = $2,975.48 Adjusted Square Foot = 10,730 S.F. x 0.125719 = $1,348.96 Subtotal $4,324.44 2.3% Credit $ (100.00) Assessment Table (Rounded Off) $4,224.00 REVISED ASSESSMENT BASED ON SURVEY Front Foot Cost = $44.543080 Square Foot Cost = $0.125719 Adjusted Front Foot (see attached) = 55.2 x $44.543080 = $2,458.78 Adjusted Square Foot (see attached) = 7,422 x $0.125719 = $ 933.08 Subtotal $3,391.86 2.3% Credit $( 78.00) Assessment Table (Rounded Off) $3,314.00 ADJUSTED FRONT FOOT CALCULATION Lots 6, 7 and 8, Block 31 Eastman 58.5 x 180 = 61.6 170.9 Case 52.40 x 180 = 55.2 170.9 Eastman 60 x 180 = 63.2 170.9 AREA CALCULATION 120.48 x 52.4 = 6,313 120.48 x (18.4/2) = 1,108 7,422 RESOLUTION NO. 3784 A Resolution Amending Resolution No. 3071 WHEREAS, Resolution No. 3071 adopted the Special Assessments for the Downtown Streetscape Project No. 1987-2 was adopted on August 15, 1993; and WHEREAS, an error in the original assessment roll has been discovered regarding P.I.D. # 27-001249-0 (N. 91 1/2' of Lot 6 and 7 of Block 31 excluding railroad property). NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That the assessment roll attached to Resolution NO. 3071 is hereby amended to revise the assessment for PID # 27-001249-0 from $4,224.00 to $3,364.00. 2. That all other terms and conditions of the assessments as outlined in Resolution No. 3071 remain in effect. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day , 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney