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HomeMy WebLinkAbout05/03/1994 TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA MAY 3 , 1994 LOCATION: City Hall, 129 Holmes Street South Mayor Gary Laurent presiding 1) Roll Call at 7: 00 p.m. 2] Approval of Agenda 3) Recess for H.R.A. Meeting 4 ] Re-convene 5] Liaison Reports from Councilmembers 6] Mayor's Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8) Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) 9] Approve Minutes: None 10) Communications: *a] Joe Kelly resignation from Planning Commission b] Ray Foslid, Scott County Commissioner, regarding parking c] Shirley Olson, Murphy's Landing Executive Director, regarding permission to conduct black powder shooting d) Jack Anderson regarding sidewalks along Spencer Street 11] 7: 00 P.M. Public Hearing on modifying the Redevelopment Plan for Mn. River Valley Redevelopment Project No. 1 and the Financing Plans for TIF Districts 2, 3 , 4 , 7 and 9 - Res. No. 3998 12] Recommendations from Boards and Commissions: Cable Commission: *a) Amzak Cable Midwest, Inc. Res. No. 4000 13) Reports from Staff: a] Trunk Sanitary Sewer Charges *b] Eagle Creek Thrift Shop Watermain TENTATIVE AGENDA May 3 , 1994 Page -2- 13 ] Reports from Staff continued: *c] Rahr Malting Agreement *d] Downtown Riverfront Plan *e] Homestead Ridge First Addition Park Dedication f) Community Center g] CSAH-15 Improvements from 6th Ave. to 13th Ave. Extended, Resolution Nos. 3984 (tabled 4/14) and 3999 *h] Stonebrooke of Shakopee, Inc. Wine License *i] Canterbury Park Concessions, Inc. Liquor Licenses *j ] Century Plaza Square 4th Addition Letter of Credit k] National Public Works Week *1] Approve Bills in the Amount of $185, 802 . 03 *m] Minnegasco Easement - Lions Park *n] Scott County Construction Easement - CSAH-15 *o] Labor Agreement With Clerical & Technical Union Employees 14] Resolutions and Ordinances: *a] Res. No. 3997 - Approving Plans and Ordering Ad for Bids for the Public Works Parking Lot, 1994-9, tabled 4/19 *b] Res. No. 3992 - Accepting Petition and Ordering Report for Paving Alley in Block 51, tabled 4/19 *c] Res. No. 4001 - Setting Hearing on Vacation of Jasper Road Between CR-16 and Hauer Trail *d] Res. No. 4002 - Reassessing Menke Property for Project No. 1993-5 15] Other Business: a] Discussion on changing the May 17th meeting date b] c] 16] Adjourn to Tuesday, May 17, 1994 at 8:00 p.m. (after the polls close for the school board election) Dennis R. Kraft City Administrator NOTE: The joint meeting with the Jackson Township Board is scheduled for Wednesday, May 4th at 5: 30 p.m. in the Shakopee Council Chambers MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: April 29, 1994 1. Attached is correspondence to Barb Hegfors, Librarian from Mayor Laurent regarding the 25th Anniversary of the Scott County Library System. 2 . Attached are the May 5th agendas for the Planning Commission and Board of Adjustment and Appeals. 3 . Attached is the Monthly Progress Report from the Planning Department for April. 4 . Attached are the April 5, 1994 minutes of the Shakopee Coalition. 5. Attached is correspondence from the Public Works Director to S.M. Hentges & Sons, Inc. regarding the 1993 Street Reconstruction Project No. 1993-7. 6. Attached are the April 20, 1994 minutes of the Community Development Commission. 7 . Attached is a memorandum from the Assistant City Administrator regarding the seasonal building inspector position. 8. Attached are the April 19, 1994 minutes of the Cable Access Corporation and the Cable Commission. 9 . Attached is the monthly progress report for April from the Engineering Department. 10. Attached is the monthly project report for April from the Assistant City Administrator. 11. Attached is a memorandum from the City Attorney regarding SPUC Environmental Assessment Worksheet. 12 . Attached is the Police Report for Council review. 13 . Attached is correspondence from the Chairman of the Scott County Board of Commissioners regarding cooperation shown by the City during the strike. 14 . Attached is correspondence regarding the Low Income Housing Tax Credit Program from the Planning Director. 15. Attached is a memorandum from the City Attorney regarding Licensing Fees. 16. Attached is the May calendar of Upcoming Meetings. 17 . Attached is an updatae from the Assistant City Administrator regarding the Stans Project. 18. Attached is a memorandum from the Assistant City Administrator regarding a financial contribution from the Jaycees for the Tahpah Park Concession Stand Project. -421 P1661kAl SHAKOPEE April 21, 1994 Barb Hegfors, Librarian Shakopee Library 235 South Lewis Shakopee, MN 55379 Dear Barb: Thank you for your invitation to the Shakopee Library on Saturday April 23rd to celebrate the 25th Anniversary of the Scott County Library System. Unfortunately, due to prior commitments I will be unable to attend. On behalf of the Shakopee City Council I would like to congratulate you and all those persons involved in the Scott County Library System. I would also like to extend my sincere gratitude and appreciation to the Shakopee Friends of the Library for their continued support of the Shakopee Library. The Scott County Library System including the Shakopee Library serves an important need in providing educational resources to all ages. The library system has certainly served to enhance the quality of life in our community. We are proud of our library system and the services being provided. Congratulations on 25 years of quality service and your commitment to our community. Sincerely, 3dt. /41---- . Gary . Laurent Mayor GLL:trw COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota- 55379-1351 • 612-445-3650 • FAX 612-443-6713 TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN May 5, 1994 Chairperson William Mars Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of April 7 , 1994, Meeting Minutes 4 . Recognition by Board of Adjustment and Appeals of Interested Citizens. 5. Other Business a. b. 6 . Adjourn Lindberg S. Ekola City Planner NOTE TO THE B.O.A.A. MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Terrie or Aggie on the Monday or Tuesday prior to the meeting. 2. If you are unable to attend the meeting, please call the Planning Department prior to the meeting. TENTATIVE AGENDA PLANNING COMMISSION Adjourned Regular Session Shakopee, MN May 5, 1994 Chairperson Terry Joos Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of the April 7 , 1994 Meeting Minutes 4 . Recognition by Planning Commission of Interested Citizens. 5. Approval of Consent Agenda - (All items listed with an asterisk (*) are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) 6 . 7 : 30 P.M. PUBLIC HEARING: To consider an application for a Conditional Use Permit to allow the operation of a dog boarding kennel upon the property located at 2546 County Rd. 42 . Applicant: Steven G. Berg Action: Resolution No. 682 7 . 7 : 35 P.M. PUBLIC HEARING: To consider an amendment to the City' s 1980 Comprehensive Plan. The amendment proposes to expand the Metropolitan Urban Service Area (MUSA) north of the proposed Shakopee Bypass intersection and south of the current City limits. 8 . 7 : 40 P.M. PUBLIC HEARING: To consider the Preliminary Development Plan for the Scherer South Planned Unit Development, located north of 4th Ave. , south of Hwy. 101 and west of Certainteed. Applicant: Scherer Brothers Lumber 9 . 7 : 45 P.M. PUBLIC HEARING: To consider the rezoning of a 7 . 5 acre parcel lying south of Cretex Ave. and north of the RR track. Applicant: Princess Marble 10. 7 : 50 P.M. PUBLIC HEARING: To consider an application for the renewal of a Mineral Extraction and Land Rehabilitation Permit, located at 6896 Hwy 101. Applicant: J. L. Shiely Co. 11. VACATION: To consider the vacation of Jasper Road from CR 16 to Hauer Trail. Applicant: City of Shakopee *12 . Final Plat: To consider the final plat of Minnesota Valley 8th Addition, located at the intersection of Vierling Dr. and Presidential Lane. Applicant: Laurent Builders 13 . DISCUSSION: To discuss an amendment to the Land Use Chapter of the approved 1990 draft Comprehensive Plan for the area west of CR 83 , south of 4th Avenue, and north of CR 16 . 14 . DISCUSSION: To distribute and discuss the Planning Commission Handbook. 15. Other Business A. B. 16 . Adjourn Lindberg S. Ekola City Planner NOTE TO PLANNING MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Terrie or Aggie on the Monday or Tuesday prior to the meeting at 445-3650. 2. If you are unable to attend the meeting, please call the Planning Department prior to the meeting. *3 Monthly Progress Report Planning Department April 30, 1994 PROJECT START COMPLETE STATUS COMMENTS Administration 1. U of Mn Intern 9/20/93 6/15/94 80% Amy Wicklund 2. St. Cloud State Intern 3/07/94 5/26/94 70% Julie Baumann 3. 1995-1999 CIP 3/01/94 7/01/94 30% Research Long Range Planning 1. Comp Plan Policies Research 4/01/94 6/01/94 50% PC review in May 2. Land Use Plan 3/01/93 8/01/94 50% Research 3. East Shak Trans Plan 1/01/93 4/01/95 25% Research 4. Zoning Ord Update 6/01/93 7/01/94 90% Committee of the Whole reviewing draft 5. Zoning Mapping 1/01/94 9/01/94 10% Planning Commission initial discussions 6. Chaska Int Conditions 7/01/93 2/01/95 20% Rural Density, MUSA Current Planning 1. Building Permits 4/01/94 4/29/94 Ongoing 68 Residential permits 5 Commercial permits 2 Industrial permits 2. Planning Reports 4/01/94 4/30/94 Ongoing 1 Variances 0 Appeals of CA 2 CUP 4 Plats 3 PUD 0 Rezoning 1 Vacations 0 Minor Subdivisions 0 Official Map Reviews 0 Registered Land Surveys 1 Other: Redevelopment Plan 3. Enforcement 4/01/94 4/30/94 Ongoing 3 Code Violations (Zoning) 3 Resolved Violations Management Information Systems (MIS) 1. GIS Stage One 10/01/93 10/01/94 5% Features list done 2. PC Hardware Upgrade 11/09/93 4/15/94 99% Installation in progress 3. Install File Server 11/09/93 4/30/94 90% Transferring files 4. Install New PCs: Police Dept. 4/20/94 4/30/94 75% In progress 5. Evaluate Scheduling Software 5/01/94 6/01/94 0% To be ordered 6. Network Security 5/01/94 6/01/94 0% Beginning {WP5I\DOCS\AMY\PROGRPr.APR}429/94 Monthly Progress Report Planning Department Continued Board of Adjustment and Appeals Meeting 4-07-94 1312 11th Avenue East Variance for Fence Denied Planning Commission Meeting 4-07-94 Eagle Creek Bluff Addition Preliminary Plat Continued -- Wetlands Act High Five Erectors PUD Amendment Recommended Approval Homestead Ridge 1st Addition Final Plat Recommended Approval Market Place Final Plat Amendment Recommended Approval MN River Valley H&R Project Redevelopment Plan Found Consistent with Comp Plan Orleans Addition Preliminary Plat Recommended Approval Prairie Bend PUD P&F Development Plan No Action Taken 4th-5th Ave, West of Market Alley Vacation Recommended Approval 1124 East 2nd Avenue CUP Moving a House Approved 4370 Valley Industrial Blvd. CUP Outdoor Storage Approved Department Activities The Zoning Ordinance Update continued with a Committee of the Whole meeting on April 12th. An update of the Draft 1990 Comprehensive Plan will be conducted in three steps: (1) rethinking goals, policies, and objectives; (2) mapping; and (3)updating population and housing data. The update is scheduled to be completed by December 1994. {WPSI\DOCS\AMY\PROGRPT.APR} 4129/94 OFFICIAL PROCEEDINGS OF THE SHAKOPEE COALITION 4 April 5, 1994 The meeting was called to order at 4 : 30 p.m. by Co-Chairman Claude Kolb. Members present: Brian Norris, Citizens State Bank; Claude Kolb, Shakopee Lions/Knights of Columbus; Sister Esther Wagner, SACS Schools; Kay Louis, Scott County Extension; Chuck Dustrud, Scott County Human Services; Barry Stock, City of Shakopee; DeDee Ordemann, American Red Cross; Bonnie Sokolov, American Cancer Society. SACS SCHOOL Sister Esther reports that there will be a Spring talent show at the Middle School . CITY OF SHAKOPEE Barry reports show case April 18 . Will include business expo. Annual City Clean Up Day coming up soon. Several commercial, residential and industrial projects going on. Derby Day' s is coming up - looking for committee members. Chamber is going to fund a part time job for Derby Days. Call Barry Stock if interested. City is going to look at changing downtown buildings by the mini by-pass. AMERICAN RED CROSS DeDee reported that the Bike Safety Program is coming up. Need Volunteers. Will be held June 4th from 11: 00 a.m. to 2 : 00 p.m. at the Lions Park. New course directory is available. Fund drive will start at the end of April . SCOTT COUNTY HUMAN SERVICES Chuck informed us that the employee union at the County is on strike. Been involved with Shakopee Violence Prevention Committee. Patty Wetterling will be coming to speak. Chuck has been visiting several cities on the violence issue. AMERICAN CANCER SOCIETY Bonnie announced that April is cancer awareness month. They have officers in place. Looking for Official Public Education Chair. The first Board Meeting will be held on April 26th at 4 : 30 in the Citizens Bank Building Community Room. Will also have a booth at the Shakopee showcase. Daffodil sales were up this year. Walk in the Park is July 15 & 16. Looking for some teams. Would like 10 people on a team. Runs 6: 00 p.m. Friday to 12 : 00 p.m. on Saturday. EXTENSION Training available on conflict resolution. April 17 - 23 is volunteer recognition week. On April 27 , Belle Plaine/New Prague holding an awareness program regarding stress from flooding and the financial damage. LIONS CLUB Funding and training for 36 teachers for quest by Lions Club. Bike Safety and Renaissance is coming up. Frisbee course being installed. KNIGHTS OF COLUMBUS Claude reported that 109 meals were served at the Fish Fry - proceeds going to SACS endowment fund. Christmas in May. May 21 have 8 homes to be fixed. Looking for volunteers. Call Barry Stock if you are interested. Next meeting of the Shakopee Coalition is scheduled for May 3 , 1994 in the Citizens State Bank Community Room at 4 : 30 p.m. Respectfully Submitted Brian Norris Secretary SI-JAKOPEE April 22. 1994 Steve Hentges S.M. Hentges & Sons, Inc. P.O. Box 520 Shakopee, MN 55379 RE: 1993 Street Reconstruction Project No. 1993-7 Dear Steve: I am in receipt of your April 5, 1994 letter requesting that the construction done last fall on Spencer Street and Fillmore Street be considered as permanent construction. As you are aware, last fall you submitted a request to the City to leave these two blocks gravel over the winter. Our contract with you required that all streets started be paved prior to winter. This request to leave the streets gravel was submitted to the City Council for consideration on November 16, 1993. City staff supported your request and recommended approval of it to the City Council. The City Council did not agree with staffs recommendation and ordered temporary pavement placed on these two blocks to get through the winter or be faced with liquidated damages for not completing the pavement by the contractual deadlines. Upon being informed of this decision, you elected to pave the streets. Based on the City Council action, the Engineering Department considered this work temporary. You are now requesting that this work be considered permanent and indicated that the streets were constructed to City specifications. Unfortunately, City staff did not verify that these streets were constructed to City specifications because the work was considered temporary. There was no City inspection to confirm that the construction met our specifications. Typically,the subgrade prior to the gravel base being placed and likewise the gravel base must be roll tested and meet grade before paving. This ensures that proper compaction is achieved and that a uniform thickness of gravel is placed. In addition, the paving is normally inspected for thickness, compaction, etc. to meet City specifications. None of this was done on these two blocks. Finally, the City surveyors did not set grades on these streets for this work, but rather you hired your own surveyor. Therefore, in order to grant your request, the Engineering Department must now somehow do an "after-the-fact" inspection to verify that the construction meets our requirements. It is also my position that since this work was ordered by the City Council, any request to leave it permanent must also be approved by the Council. COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 • 612-445-3650 • FAX 612-445-6718 In order to even consider your request, certain items must be done in order to verify that the work meets City specifications. If the following items are completed, verified and found acceptable by the Engineering staff, I could support your request to the City Council: 1. The streets must be surveyed in order to verify that they meet plan grades and cross section. 2. Core samples will be required to verify the gravel and asphalt thickness to verify it meets the section designed and to ensure that there is a uniform cross section throughout. I would require a minimum of 4 core samples per block. 3. A road rater should be used to verify the structural capacity of the street section. I would require 6 tests per block in 50 foot intervals. I have contacted Braun and have received an estimate to do this work for approximately $875.00. 4. The asphalt core samples will be sent to our testing lab to verify gradation, density and asphalt content. 5. All areas of pavement distress evident must be repaired. 6. A minimum patch of 3 feet wide along the curb and gutter for the base asphalt will be required prior to placing the wear course. I would propose that you pay for all testing costs to verify the specifications for the City to consider your request. If all of the above conditions are agreeable to you and confirm that the work meets City specifications, I would support your request to the City Council to consider this work permanent. The first step is to check the grades and cross section. The reason for a delay in responding to your request is because we have ordered these two streets surveyed and the survey has been completed (attached are copies of the field notes). As indicated by the survey,the streets do not meet plan grades. Some areas are up to 2 1/2" low, with other areas 3" high. Based on this it does not appear that the streets will have a uniform base section or meet plan grades by taking any corrective action such as adding more base or milling high spots. Therefore, I do not feel that I can take this request to City Council at this time. In order to correct the grade problems, I am requesting that you remove the asphalt base and regrade the Class V to correct grade tolerances. Prior to regrading the tolerances I would like to verify that the Class V has not been contaminated due to the subgrade not passing the roll test last fall. To do this I would agree to pulling back about 4" - 6" of the existing gravel, windrow it on the side of the road,check the gravel underneath and if there is no contamination, the gravel can be immediately placed back on the streets, regraded, compacted, and roll tested. Once that has been done and accepted, you can proceed with the rest of the street construction. None of this work will result in a change order to the contract. I will be more than willing to discuss this situation further, but based on the asphalt grades I do not feel there are any other alternatives. If the proposed work as outlined above is acceptable to you, there is no need to obtain City Council concurrence on the decision. If you disagree with my decision and desire City Council action on your request, please contact me and I will put your request on the first available Council meeting. Sincerely, David E. Hutton, P.E. Public Works Director DEH/pmp RECONSTRUCT cc: Dennis Kraft, City Admin. Karen Marty, City Attorney City Council tr012 OFFICIAL PROCEEDINGS OF THE COMMUNITY DEVELOPMENT COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 20, 1994 Chairman Phillips called the meeting to order at 5 :30 p.m. with the following members present; Morke, VanHorn, Albinson, Reinke, Unseth, Dauenhauer, and Miller. Barry Stock, Assistant City Administrator; Terrie Sandbeck, Assistant City Planner and Paul Bilotta, Senior Planner were also present. Commissioners Stafford, Schoepoester and Brandmire were absent . Chairman Phillips welcomed the new members from the Energy & Transportation Committee to the Community Development Commission. Morke/VanHorn moved to approve the minutes of the March 16, 1994 meeting as kept . Motion carried unanimously. Mr. Stock gave a brief economic development report . He noted that Downtown Phase II was scheduled for construction this summer. He noted that construction cannot commence until after July 1, 1994 . Mr. Stock noted that the alley undergrounding project will be delayed. He noted that only one bid was received on the project and Council wishes to entertain additional bids. In terms of Blocks 3 and 4, Mr. Stock stated that he has meetings set up with several developers who have expressed preliminary interest in the project . Mr. Stock also noted that one local developer has expressed interest in participating in the hotel portion of the project . Mr. Stock commented that the downtown riverfront proposals have been completed. Two consulting firms have submitted proposals that will be reviewed within the next week. Mr. Stock stated that this project would involve developing a master plan for Huber Park. Commissioner VanHorn questioned whether or not this study would look at connecting Levee Drive with Bluff Avenue. Mr. Stock responded in the affirmative. Mr. Stock stated that approximately 10 downtown business owners are considering submitting rehab grant program applications later this year. Mr. Stock noted that most of the applicants are along 1st Avenue. He stated that they are intending to wait until Phase II of the Downtown Redevelopment Project is complete. Mr. Stock stated that the Shakopee Mdewakanton Community is in the process of acquiring 588 acres of land in Shakopee southeast of the Eagle Creek Thrift Shop. Mr. Stock stated that no indication had been given by the Mdewakanton Community regarding their plans for the property. Mr. Stock stated that staff is in the process of evaluating possible courses of action in regard to the acquisition. Mr. Stock stated that the HRA has requested the CDC to look into the development of potential housing programs for possible implementation. Mr. Stock noted that in early April he met with representatives from the local CAP Agency in an attempt to gain a Official Proceedings of the April 20 , 1994 Community Development Commission Page -2- better understanding of the housing needs in our community. Mr. Stock noted that the CAP Agency manages several transitional housing units in Scott and Carver Counties. Mr. Stock went on to state that it is difficult to determine the real housing needs in our community. The number of housing programs that could be developed is endless . Commissioner Reinke commented on a housing program that the City did in the 70' s adjacent to 4th and Minnesota Street . He noted that this program basically provided a land write down to property owners. The City received a Federal grant, but the City could develop a similar program today using funds from the HRA Fund Balance . Mr. Reinke noted that the average land write down for a lot was $7, 500 . 00 . Commissioner VanHorn stated that the HRA could have done 10 similar projects with what is being spent on the Stans House relocation project . Commissioner Phillips questioned what the HRA' s intentions were in regard to disposing of the Stans House when it is relocated. Mr. Stock stated that there is some possibility for the CDC to get involved in making a recommendation regarding the potential use once it is completed. Mr. Stock noted that there are several options including selling the home to a low income family to using the home for transitional housing. Mr. Stock stated that CAP Agency officials have stated an interest in managing the property as a transitional home if the Shakopee HRA is interested. Commissioner Morke questioned whether or not an outright sale of the property on the open market was an option. Mr. Stock stated that it certainly could be an option but he did not believe that an outright sale of the property on the open market was consistent with the desires of the HRA when they initially entered into this project . Mr. Stock noted that if the home is used for transitional housing and an operations/management agreement could be developed between the CAP Agency, that the HRA would still maintain an asset . Mr. Stock also noted that if the HRA sells the home to a low income family we obviously hope to get back a portion of the relocation and remodeling costs . Chairman Phillips stated that he liked the transitional housing concept because it could provide housing opportunities for many different families over a period of time . Mr. Stock stated that several options will be evaluated over the next several months for the HRA' s consideration. Mr. Stock commented on the number of developers who have been in to the City proposing Senior housing. While there have been many developers proposing this concept, few if any have actually pursued it . Mr. Stock stated that there are many different types of senior housing development projects. In speaking with CAP Agency officials, it became clear that no one has a clear understanding of what the exact housing needs are in our community. There appears to be an obvious need for transitional housing. However, beyond that it gets to be pretty sketchy. Mr. Stock noted that Dakota Official Proceedings of the April 20, 1994 Community Development Commission Page -3- County has recently hired a consultant to conduct a housing needs assessment . Mr. Stock also noted that when he was contacting developers who might be interested in Blocks 3 and 4 one of the developers questioned whether or not the City had completed a housing needs assessment to justify the development of housing on Blocks 3 and 4 . The developer noted that Hutchinson had also completed a housing report that the City was using to attract developers to their community to construct senior housing. Mr. Stock stated that he thought the Scott County HRA would be interested in participating in a housing needs assessment with Shakopee. Commissioner Albinson stated that he could easily support the need to conduct a housing needs assessment . Chairman Phillips concurred. Discussion ensued. Albinson/Unseth moved to recommend to the Shakopee HRA that the appropriate City officials be directed to work with the Scott County HRA in completing a housing needs assessment of Scott County with a special focus on Shakopee and funding to be split proportionately between the two organizations. Motion carried unanimously. Mr. Bilotta passed out the comprehensive plan/goals, objectives and policies regarding economic development . He stated that he would like to have the CDC members review this portion of the comprehensive plan and return their comments to him within the next week. Mr. Bilotta stated that the comprehensive plan is being drafted in a format similar to the CDC' s One and Three Year Work Plans . Commissioner Unseth questioned whether or not they should also be receiving the transportation section of the comprehensive plan. Mr. Bilotta stated that the transportation section is not ready for review at this time. He stated that he would forward that section of the plan to the CDC at a later date. Mr. Stock then reviewed background of the Energy & Transportation Committee and the new duties that will be expected of the CDC. Mr. Stock summarized the history of the transit system in Shakopee. He noted that several transit enhancements proposed for implementation later this year include; the establishment of a fixed route service in Shakopee that will connect with Southwest Metro at Eden Prairie Center. He stated that this arrangement would be set up on a sub- contract basis with Southwest Metro. Mr. Stock noted that due to the size of Southwest Metro' s transit system that he may be considering sub-contracting all service through Southwest Metro in the future including Dial-A-Ride. The City would continue to maintain the Vanpool portion of the program with a private contractor. Commission VanHorn questioned whether or not it might be beneficial to evaluate whether or not Shakopee should consider joining Southwest Metro' s transit program. Mr.Stock stated that this is something that the CDC could evaluate at a later date . Mr. April 20, 1994 Official Proceedings of the ApApri -2- Community Development Commission Stock then updated the new CDC members regarding the past activities of the CDC. Commissioner Albinson stated that he looks forward to the enlarged CDC and the additional transit responsibilities . Mr. Stock stated that the size of the CDC was of somewhat of a concern to him but that he felt it would be possible for us to create some sub- committee' s to discuss in detail major issues . Mr. Stock stated that Ms . Sandbeck, Mr. Bilotta and himself would be available to staff special sub-committee discussions . Mr. Stock noted that the Scott County Economic Development Coalition is scheduling their annual Economic Development Day for Friday, May 20, 1994 . This years event will be held at Mystic Lake and Mr. Leonard Prescott will be the featured speaker. Mr. Stock stated that Commission members are welcome to attend. Albinson/Morke moved to adjourn the meeting at 6 : 50 P.M. Motion carried unanimously. V MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Seasonal Building Inspector Position DATE: April 26, 1994 INTRODUCTION: Last month the Shakopee City Council authorized the appropriate City officials to advertise and fill the seasonal building inspector position. At that time, the 1994 budget was also amended to accommodate the additional cost associated with this position. BACKGROUND: The application deadline for the seasonal building inspector position was April 12, 1994 . The City received 15 applications for the position. On Thursday, April 21, 1994 the Building Official and I interviewed 5 candidates for the position. Both the Building Official and I ranked Ms. Julie Hagen as the best qualified candidate to fill the position. Ms. Hagen has agreed to accept the position for step 1 of the seasonal building inspector pay schedule. ($10.44 per hour) Ms. Hagen is scheduled to begin employment on Monday, May 9, 1994. Since Council has authorized staff to advertise and fill said position, no additional Council action is needed at this time. #(S. MINUTES OF THE SHAKOPEE PUBLIC ACCESS CORPORATION REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 19, 1994 Chairman Bastyr called the meeting to order at 7: 10 p.m. with the following members present: Ziegler, Bastyr, Anderson, Moonen and Scannell. Commissioner Harrison was absent. Mark Ryan, Studio Manager was also present. Anderson/Moonen moved to approve the minutes of the January 24, 1994 meeting as kept. Motion carried unanimously. Mr. Ziegler gave a brief Treasurer's report. He noted that there was $9, 119 .41 in the General Fund Account. He also noted that the Utility Account had $4, 367. 09. Mr. Ryan gave a brief Manager's report. Mr. Anderson questioned whether or not it would be a benefit if the Access Corporation met with Mr. Ryan on a monthly basis. Mr. Ryan stated that he felt things were operating quite well at this time. Mr. Ryan then discussed possible equipment needs. He stated that a cassette player was needed. He also stated a need for comfortable chairs. Paul also mentioned a need for a computer desk. Discussion ensued on the need for additional cables for the intercom system. Commissioner Moonen suggested that we go with a wireless system. Moonen/Anderson moved to approve the equipment identified on Mr. Ryan's list including cassette player, chairs, desk and tapes. Motion carried unanimously. It was also the consensus of the Commission that Mr. Ryan investigate the possibility of adapting the existing intercom system to a wireless system. Discussion ensued on an automated play back system. Mr. Moonen stated that a eight source play back was approximately $5, 100 and a four source play back was approximately $3 , 000. Mr. Anderson presented a letter that he would like sent to all organizations. Mr. Anderson suggested a subcommittee meeting to meet with Paul to discuss this program in greater detail. It was the consensus of the Commission to meet on April 27th at the studio at 6: 00 P.M. to discuss the grant program and the letter that will be sent to all organizations. Ziegler/Moonen moved to adjourn the meeting at 8:00 p.m. Motion carried unanimously. OFFICIAL PROCEEDINGS OF THE SHAKOPEE CABLE COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 19, 1994 Chairman Anderson called the meeting to order at 6: 00 P.M. with the following members present: Ziegler, Bastyr, Moonen, and Scannell. Kim Roden and Wayne Knighton, Paragon Cable; Mark Hammerstrom, Amzak Cable and Barry Stock Assistant City Administrator were also present. Commissioner Harrison was absent. Ziegler/Bastyr moved to approve the minutes of the January 24, 1994 meeting as kept. Motion carried unanimously. Mr. Stock noted that the City has received correspondence from Wayne Knighton, Executive Vice President, Paragon Cable requesting a transfer of control of Amzak Cable Midwest to KBLCOM. Mr. Stock stated that Section 14 . 02 of the Shakopee Franchise Ordinance outlines a procedure whenever a transfer of stock occurs. Mr. Stock noted that the City of Shakopee approved a similar request in 1988 when United Cable Television stock was purchased by United Artists Communications, Inc. Mr. Stock stated that he does not believe that the proposed transfer as outlined would have an adverse effect on the cable system and/or cable subscribers. He stated that he felt the proposed transaction would probably increase the level of services that the cable company would be able to provide to Shakopee subscribers. Mr. Stock stated that the new cable operator has agreed to abide by all the terms and conditions as setforth in the Cable Franchise Ordinance. Mr. Stock also stated that he would like the cable operator to continue to maintain an office in Shakopee. Mr. Stock also questioned the status of the fiber optic run that was to be constructed between Shakopee and Chaska. Mr. Wayne Knighton, Executive Vice President and General Manager of Paragon Cable stated that inherent in any stock transaction the purchaser is required to fulfill the obligations of the company that is being acquired. Mr. Knighton noted that Paragon fully intends at this time to carry out business consistent with the terms and conditions as setforth in the current franchise. He also stated that Paragon places a high value on pleasing their customers. Mr. Knighton went on to say that he believes that with the acquisition of Amzak Cable Midwest Systems, Paragon will have greater purchasing power in terms of channel line up. He went on to state that he felt it would be easier to obtain retransmission consent agreements with local broadcast stations. Chairman Anderson summarized the deferrals that were negotiated in 1986. He stated that part of the negotiation process included the development of an agreement by and between the Shakopee Access Corporation and the cable operator. He stated that he wanted to make sure that these are honored and continued. Mr. Stock noted that the original deferrals approved in 1986 were for a five year period. That period ended in 1991. The extended deferral period expires on April 1, 1996. Mr. Stock noted one of the major franchise concessions related to the provision of public access staffing and capital expenditures related thereto. The Public Access Support Agreement between the cable operator and the Access Corporation provides a funding source for the continuation of public access. The Access Corporation is responsible for all operational issues related to public access and subsequent capital equipment improvements. Mr. Stock questioned whether or not Paragon would be willing to extend the Public Access Support Agreement at this time through the duration of the franchise term. Mr. Stock noted that the franchise term expires in the year 2002 . Mr. Knighton stated that he was not prepared to comment on this issue at this time. He felt that they fully intended to support all the terms and conditions setforth in existing agreements. However, to comment on the continuation would be a little premature on his part. He stated that he would fully examine this issue to determine if it would be practical for both parties. At this time, he stated that Paragon had not intended to make any changes in what was currently being provided. Mr. Stock then addressed the Franchise Ordinance amendment that was granted in 1992 that related to the Shakopee headend. The Cable Franchise Ordinance allowed the cable company to eliminate the Shakopee headend and install a fiber optic line to Chaska. Mr. Stock questioned when the cable operator would be installing said line. Mr. Knighton stated that he is not exactly sure at this time whether Shakopee would be interconnected with Chaska or the Paragon system in Eden Prairie. Either way, he stated it would be of substantial benefit to Shakopee to be interconnected. As a free standing operation, Shakopee would probably not have access to services that require special equipment. Interconnection would allow the company to consolidate equipment in one headend facility and provide overall enhancement of service options and technical quality. Mr. Knighton stated that he could not give a definitive answer as to when the fiber optic would be constructed. He did however state that he fully expected a fiber optic line to be connected in the near future. This was a high priority. Mr. Knighton stated that it was their intentions to make the transition as transparent as possible. After paying $1, 850 per subscriber, the last thing they wanted to do was alienate a customer and lose them. Mr. Anderson questioned the Commissioners as to whether or not they felt a public hearing would be necessary. Commissioner Moonen stated a concern regarding the loss of a headend at the termination of the franchise. He questioned whether or not it would be viable for a new operator to secure the cable franchise in Shakopee at that time. Mr. Knighton stated that he fully expected that his company would be interested in continuing the franchise beyond the current termination date. He stated that his company did not just make a 15 year investment with the intention of skipping town in 8 years. Commission Bastyr questioned whether or not the channel line up would change. He stated that several of the current channels are not very good. Mr. Knighton stated that providing a channel line up that is attractive to all individuals is a difficult task. Mr. Knighton went on to state that he expected that when the systems are interconnected that there was a greater potential for improved programming. He stated that he could not comment on the exact channel line up at this time. Mr. Scannell questioned whether or not the rates in Shakopee would go up. Mr. Knighton noted that Paragon's rates are in the $22 .00 range. He went on to state that rates are generally determined by the FCC regulation guidelines. Mr. Anderson questioned whether or not they had made any determination on location of an office. Mr. Knighton stated that certain operational issues have not been determined. However, he did state that he did not see how it would be possible to not have a location in Shakopee for customers to do business. Bastyr/Scannell moved to recommend to City Council that the transfer of ownership control from Amzak Cable Midwest, Inc. to KABLCOM, Inc. be approved. Motion carried unanimously. Monnen/Ziegler moved to adjourn the meeting at 7 : 05 p.m. Motion carried unanimously. # CITY OF SHAKOPEE ENGINEERING DEPARTMENT MONTHLY PROGRESS REPORT FOR APRIL, 1994 Respectfully Submitted e0oaC>4(1'-' David E. Hutton, P.E. Public Works Director PROJECT START COMPLETE STATUS COMMENTS Category I- Projects Under Construction 1. Minibypass 5/93 7/1/94 90% Mn/DOT Project 2. Valley Park 11th 7/93 7/1/94 90% Wear Course Asphalt Remaining 3. Upper Valley Drainage 9/93 7/29/94 70% See Narrative Section 4. 1993 Street Reconstruction 8/93 8/1/94 40% See Narrative Section 5. VIP Interceptor 10/93 Done 1000/0 Completed 6. Rahr Forcemain 10/93 6/15/94 95% See Narrative Section 7. Pierce Street 6/94 7/94 0% See Narrative Section 8. Rahr Service Line 5/94 6/15/94 0% Contract Awarded 4/19/94 9. Underground Tank Removal 5/94 6/94 0% Category II- Projects in Design 1. Public Works Parking Lot 1/94 Done 100% Bid Opening in May 2. Downtown Alleys 6/93 Done 100% See Narrative 3. Parking Lot(Pelham) 1/94 Done 100% Will Bid Work With Downtown Streetscape 4. Downtown Streetscape II 1/94 5/94 80% 5. Alley- Block 48 1/94 Done 100% Will Bid Work With Downtown Streetscape 6. Marschall Rd./10th Ave. Sidewalk 1/94 Done 100% 7. Tahpah Parking Lot 10/93 Done 100% See Narrative 8. 11th Ave. Storm Laterals 3/94 Done 100% Bid Opening on 5/10/94 9. Vierling Drive,Adams St. 3/22/94 5/17/94 800/0 Will Bid in May to Presidential Lane 10. 1st Avenue Sidewalk 4/94 5/94 25% See Narrative Category III- Projects Under Study 1. St. Francis Sewer/Water 7/93 5/94 50% Waiting on Watermain Input from SPUC 2. C.S.A.H. 18 Connection 11/93 7/94 10% 3. C.R. 16 Utilities 2/94 5/94 75% 4. Viking Steel Road, et. al. 3/94 5/94 75% 5. Murphy's Landing Sewer/Water 3/94 5/94 60% See Narrative 6. Pavement Preservation 5/94 6/94 0% Category IV - Private Subdivision Construction 1. Beckrich Estates 1992 6/94 95% New Entrance off C.R. 78 Not Completed 2. Meadows 8th 5/93 6/94 85% Finish in 1994 3. Milwaukee Manor 6/93 9/94 90% Wear Course in 1994 4. Maple Trails 6/93 9/94 25% Finish in 1994 5. Dominion Hills 6/93 9/94 25% Finish in 1994 6. Stonebrooke 2nd Unknown Unknown 0% 7. Parkview 1st 7/93 8/94 85% Wear Course in 1994 8. Meadows 9th 10/93 9/94 80% Utilities Completed 9. Westridge Bay 2nd 10/93 9/94 25% Finish in 1994 1 PROJECT START COMPLETE STATUS COMMENTS Category V - Special Projects 1. Maras Street 1990 ??? 90% City Attorney Working on Last 2 Easements 2. In-House Engineering Concept 4/94 7/94 0% Will Prepare with 1995 Budget 3. Prior Lake Outlet Channel 2/93 8/94 0% 4. Comprehensive Sanitary Sewer Plan 1992 4/94 95% See Narrative 5. Comprehensive Stormwater 2/93 4/94 90% Draft Plan Completed Management Plan 6. 5-Year Capital Improvements 4/94 6/94 0% Starting in April Plan Please refer to the attached narrative section for a more detailed discussion on several of the projects. 2 NARRATIVE SECTION Category 1 - Projects Under Construction 3. Upper Valley Drainage Project - Phase II and Shakopee Bypass Drainage Facilities The mainline ditch is approximately 85% complete. The Contractor is placing topsoil in some areas and seeding. Work in the Tahpah Park area is about 90% complete. Excavation has begun for the Lions Park Pond and is 65% complete. Restoration work has also begun on areas where only storm sewer pipe was installed. Bike trail construction is scheduled to begin by mid May. 4. Street Reconstruction Projects (Spencer Street,8th Avenue,4th Avenue,Naumkeag Street, Fillmore Street and Atwood Street) The Contractor has resumed work on this project on Spencer Street. All sewer and water on Spencer Street between 4th Avenue and 8th Avenue has been completed. The Contractor will then be working on storm sewer prior to starting the street construction (i.e. gravel, curb & gutter). Construction should start on 8th Avenue in May. Prior to placing the wear course of asphalt on all streets constructed last year, all restoration and sodding work must be completed. The completion date on this project is August 1, 1994. 5. V.I.P. Interceptor Extension All pipe installation is completed, tested and approved. 6. Rahr Forcemain All pipe installation is completed. All pipe has undergone leak detection testing and the majority of the pipe for the gravity portion has failed. It appears to be defective materials. The pipe supplier is currently resealing all pipe and retesting it. Currently only 30% of the pipe has passed. Until all pipe has passed, the prison expansion cannot utilize the new sewer. 3 7. Pierce Street Public Works crews will remove the existing pavement and regrade the new alley. A City contractor will install the new curb & gutter and pavement. This work should be done in conjunction with an existing contract, so the exact timing for this work is not set at this time. Category No. 2 - Projects in Design 2. Downtown Alleys On April 19, 1994 the City Council rejected the lone bid received on this project and directed staff to re-schedule a public hearing on this project. 4. Downtown Streetscape The Downtown Streetscape plans are nearing completion. Prior to any construction starting, Mn/DOT will need to turnback 1st Avenue to the City. They cannot do this until after July 1, 1994. 6. Marschall Road/10th Avenue Sidewalk The design is completed. This is mainly a field design and no plans will be drawn up. Staff will review design with property owners at Shakopee Avenue and County Road 17. 7. Tahpah Parking Lot The design is complete. This project will be funded by the Shakopee Jaycees so the actual construction schedule is not determined. 10. 1st Avenue Sidewalk Will be constructed with other sidewalk projects. 4 Category 3 - Projects Under Study 1. St. Francis Hospital Sewer and Water The sewer portion has been completed and staff is still waiting on the watermain information from Shakopee Public Utilities. The watermain information will be completed for the May 2, 1994 Commission meeting. 5. Murphy's Landing Staff has analyzed and located all existing sewer and water facilities, along with individual service lines and is in the process of determining the most effective system to operate for the City. The report should be submitted to Council in May. 6. Pavement Preservation Staff is in the process of reviewing all City streets for putting together a 1994 pavement Preservation Project (overlays, seal coating, etc.). Category 4 - Private Subdivisions Due to load limits still in force, no construction has started on any private subdivision work yet this spring. Construction is expected to resume on all subdivisions in May once load limits are lifted. Category 5 - Special Projects 1. Maras Street Easements All easements for the street have been obtained and recorded except two properties. The City Attorney is continuing to work towards obtaining the remaining easements. (No change in status) 5 2. Total In-House Engineering Concept During the 1994 budget process, the City Council directed staff to prepare a proposal on what it would take to be a completely self-sufficient Engineering Department (i.e. no consultants, staff equipment and furnishings needed). Staff has not prepared this study yet. This report will be prepared in 1994, for the 1995 budget discussion. 3. Improvements to the Prior Lake Outlet Channel Staff met with the PLSL Watershed District in February to discuss the schedule for completing this project and resolving all drainage issues. The Watershed District has not submitted any proposed improvements to this channel, but they have directed their consultant to prepare a study on this. It is anticipated that staff will be working with their consultant to resolve all issues and staff will be bringing this item back to Council. 4. Comprehensive Sanitary Sewer Plan (Consultant) The draft report is done. Staff is proposing to submit the final report to all agencies in April. 5. Comprehensive City-Wide Stormwater Management Plan (Consultant) The draft report has been submitted to staff for review. 6 440 Monthly Project Report - Submitted by Barry Stock April 28, 1994 Project Start Complete Status Comments 1. Clinic RFP's ? ? 0% 2 . AWAIR Program ? ? 0% 3 . Perform Employee 5/1 5/15 0% Evaluations 4 . City Hall Union Contr. 10/15 4/1 95% 5 Develop Pay for Perf. Program 4/1 6/1 0% 6. Prepare for Rec. Fee Mtg. 3/1 4/8 100% 7. Complete Dept. Reorganization Plan 3/1 6/1 25% 8 . City Newsletter 1/1 4/1 80% First Issue Development scheduled for May 9 . Seasonal Bldg. Inspector 3/22 5/3 100% Recruitment 10. Housing Program 1/1 4/15 0% Development 11. TIF Plan Amendments 12/15 5/5 90% 12 . Stan House Project 2/15 6/1 5% 13 . Downtown Utlility 3/24 4/15 5% On hold until Easements after new Public Hearing 14. 1994 Pool Repairs 4/1 5/20 10% ADA Restroom 15. Community Center 5/1 ? 0% 16. 1994 Clean up Day 4/1 4/30 95% 17 . Solicit Downtown 4/11 5/30 25% Development Interest 18. City Residents Guide 4/15 6/1 25% MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: April 27, 1994 RE: SPUC Environmental Assessment Worksheet The Environmental Assessment Worksheet requested for the new proposed SPUC electrical substation was drafted by our consultant . We asked the Environmental Quality Board (EQB) if they wanted to take over the review responsibility for this project (be the RGU, the Responsible Governing Unit) . They agreed to do that . This has two strong advantages over the City' s handling the review: (1) it eliminates any question of bias on the part of the City; and (2) they have expertise in reviewing electrical matters where City staff does not . The EQB now has completed their revision of the draft EAW, and has published it . If you want a copy of it, please let me or Lindberg Ekola know. Public hearings will be held on the draft in June. This is for your information. <</1- - Signed Karen Ma ty, Cit Attorney KEM:bjm [2 7MEMO] cc: Lou VanHout Dennis Kraft Lindberg Ekola SCOTT COUNTY BOARD OF COMMISSIONERS COURTHOUSE 109 428 S. HOLMES ST. SHAKOPEE, MN 55379-1382 (612) 496-8100 (612) 496-8180 FAX RALPH T. MALZ,District 1 WILMA E. BEHM,District 2 RAY FOSLID, District 3 DICK UNDERFERTH, District 4 ED MACKIE,District 5 April 26, 1994 Honorable Gary Laurent Mayor of Shakopee Shakopee City Hall 129 Holmes street South Shakopee, MN 55379 Dear Mayor Laurent: on behalf of the Scott County Board of Commissioners, I would like to take this opportunity to thank you and members of your staff for the excellent assistance provided us during our recent work stoppage. The cooperation shown us by Dennis Kraft and Chief Tom Steininger was especially helpful during this most difficult time for Scott County. our deepest thanks. Sincerely,e-Jey, °fi Ed Mackie, Chairman Scott County Board of Commissioners EM:bn c: Dennis Kraft, City Administrator Chief Tom Steininger County Commissioners c1 e,op /9 6 ,fiw 14s- n� An Equal Opportunity/Affirmative Action Employer 4p 14 Pik SHAKOPEE April 25, 1994 James J. Solem, Commissioner Minnesota Housing Financing Agency 400 Sibley Street, Suite 300 St. Paul, Minnesota 55101 RE: Low Income Housing Tax Credit Program - Shakopee Townhomes, Shakopee MHFA NO. 94-056 Dear Mr. Solem: In response to your letter dated April 18, 1994, addressed to Mayor Gary Laurent, City staff would like to share some initial comments on the multifamily project proposed by Mr. Robert Iverson. Mr. Rich Stuke of your agency recently provided City staff with general information about the proposed project. It is our understanding that the project will consist of 32 3-bedroom units on a 41/2 acre parcel of property. The subject site is currently zoned R-4 or Multi family Residential. The subject site is located southeast of the Shakopee Town Square shopping mall and would be adjacent to other multi family residential developments. City staff believes that the proposed project in concept would be consistent with the goals and policies established in the City's Comprehensive Plan. The proposed multi family residential project is also consistent with the purposes established in the R-4 zoning district. City staff looks forward to working with Mr. Iverson on this project. We also appreciate the efforts being taken by the MHFA in promoting multi family housing opportunities in the City of Shakopee. If you have any questions, please call me at 445-3650. Thank you. /t Si71 Lindberg S. Ekola Planning Director c: Shakopee City Council CONIMUNTTY PRIDE SINCE 1857 MINNESOTA 46 HOUSING cpFINANCE AGENCY April 18, 1994 The Honorable Gary Laurent Mayor City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 RE: LOW INCOME HOUSING TAX CREDIT PROGRAM SHAKOPEE TOWNHOMES, SHAKOPEE MHFA 494-056 Dear Mayor Laurent: The Minnesota Housing Finance Agency (MHFA) has received a proposal for an allocation of Low Income Housing Tax Credits through the MHFA's Low Income Housing Tax Credit Program for the above referenced development(s) located in your community. Attached is an outline of the proposal as submitted. The Low Income Housing Tax Credit Program was created by the United States Congress to encourage the production and rehabilitation of rental housing for low and moderate income people. Owners and investors in qualified rental property are able to reduce their federal tax liability in exchange for providing rental housing for low income tenants. As of August 10, 1993, the Low Income Housing Tax Program was permanently extended by President Clinton in the Omnibus Budget Reconciliation Act of 1993. As part of the selection process, the MHFA is interested in receiving your community's comments regarding development. Please provide any comments you may have on this proposal to the MH FA by April 29, 1994. If you have previously commented on this proposal, it is not necessary to do so again unless you wish to add new or additional information. Please address your comments to: Minnesota Housing Finance Agency Low Income Housing Tax Credit Program Multi-Family Underwriting 400 Sibley Street, Suite 300 St. Paul, MN 55101 If you have any questions, please call Glory J. Hill at (612) 296-9827 or Susan E. Haugen at (612) 296-9848. Thank you in advance for your time and consideration. Sincere. • k 164114% So Com - •ner Enclosure 400 Sibley Street. Suite 300. St Paul. Minnesota 55101 (612) 296-7608 Telecopier (6'2i 296-8139 TOD (612 297-236' Equal Opportunity Housing and Equal Opportunity Employment City: Shakopee Development Name: Shakopee Townhomes MHFA LIHC #: 94-056 Location: Twelfth Avenue Court Developer: Iverson Development, Inc. Proposed Proposed Unit Mix Rents Efficiency/SRO: 1 Bedroom: 2 Bedroom: 3 Bedroom: 8 625 3 Bedroom: 24 640 TOTAL: 32 Number of Buildings: 8 • New Construction X Substantial Rehabilitation I I MINNESOTA 416 HOUSING 4pFINANCE AGENCY March 30, 1994 The Honorable Gary Laurent City of Shakopee Shakopee City Hall 129 Holmes Street South - Shakopee, MN 55379 Dear Mayor Laurent: The Minnesota Housing Finance Agency (MHFA) is pleased to inform you that it has selected the Shakopee Townhomes housing proposal for financing under the MHFA's New Construction Tax Credit Mortgage/Bridge Loan and/or Low Income Large Family Rental Housing Programs. The proposed development contains 32 units of housing and is located at 12th Avenue Court. The developer is Robert Iverson. The MHFA has inspected and approved the site, reviewed the proposed development program, and will begin processing immediately. The mortgage underwriting process normally takes between five and eleven months from the time of selection until construction can begin. Close cooperation is encouraged among the city, the MHFA, and the development team. The MHFA is looking forward to working with the developer and your city in providing needed housing for the residents of your community. If you have any questions, please contact the Housing Development Officer for your area, Rich Stuke, at (612) 297-3119. Sincerely,r 'r ` . ( • • \\ ► -� �r`� t., • IL!) i1-i 7 A James J. Salem • ).�A ' Commissioner r' x 7 • cc: Rich Stuke E . c't �•Vt - J ;.,r t • :.{ •...L • 400 Sibley Street, Suite 300. S: Paul, Minnesota 55101 (612) 2907608 Teiecopier (612) 296-8139 TDD (612) 297.2361 Equal Opportunity Housing arc Equal Opportunity Employme^t MEMORANDUM415 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: April 27, 1994 RE: Licensing Fees At the last City Council meeting an amendment to the fee resolution was adopted, imposing fees for pawnshops, secondhand dealers, and precious metal dealers. Provisions were reinserted for tattoo parlors, as well . In the discussion the City Council asked whether the fee for the first year was $300, $330, or $630 . I erroneously stated $330 . Actually, the fee is $300 per year, and the first year there is an additional $330 imposed to cover the cost of the investigation. The $300 per year covers the costs for administering the license and police time for complaints and calls. The first year a business does pay $630 . If you have any questions about this, please let me know. Signed Karen arty, Ci, y Attorney KEM:bjm [2 7MEMO] cc: Judy Cox Nay Upcoming Meetings SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 4:30pm Public 7:OOpm City 5:30pm 7:30pm Planning Utilities Council Committee of Commission the Whole w/ Jackson Township 8 9 10 11 12 13 14 7:OOpm Board of Review 15 16 17 18 19 20 21 8:OOpm City 5:30pm CDC Council School Board Election 22 23 24 25 26 27 28 7:0Opm Pa-k & Recreation 29 30 31 City Hall Closed April June SMTWTFS SMTWTFS 1 2 1 2 3 4 3 4 5 6 7 8 9 5 6 7 8 9 10 11 10 11 12 13 14 15 16 12 13 14 15 16 17 18 17 18 19 20 21 22 23 19 20 21 22 23 24 25 24 25 26 27 28 29 30 26 27 28 29 30 04 '28/ 199 . MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Stans Project Update - Non Agenda Informational DATE: April 28, 1994 INTRODUCTION AND BACKGROUND: The following agreements have recently been executed with respect to the Stans house moving project: 1. House mover agreement - Voigt Movers 2 . Agreement with Stans Foundation to purchase home for $1.00. 3 . Agreement with Dan Gerold to relocate garage from site located at 1124 East Second Avenue. 4 . Phase 1 and Phase 2 construction - Dave Schmitt Construction. Staff did receive the lead base paint analysis for the building exterior. The results indicated that the paint was 3 . 9% lead. The proposed action level for lead in paint is .5%. At a later date, I will be bringing this issue to the attention of the HRA for possible corrective action. We expect that beginning next week Voigt Movers will be preparing the home and garage for relocation. If everything goes well, the home should be placed on the new site by May 16th. Preparation of the lot for the garage and house will occur simultaneously. Staff still has not determined the exact cost associated with moving lines enroute to the new site. We do believe that at least three lines will have to be cut to accommodate the move. During the month of May, staff will solicit quotes for phase 3 building improvements. These improvements relate directly to the interior code improvements that have been identified. Staff will be forwarding the cost quotations to the HRA for their review and consideration at the June 7th meeting. At that time, staff will also be prepared to discuss options for utilizing the house when the project is complete. 4* I y MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Jaycees Tahpah Park Concession Stand Project Contribution DATE: April 28, 1994 INTRODUCTION & BACKGROUND: Last year the City of Shakopee entered into a re-payment agreement with the Shakopee Jaycees . The purpose of the re-payment agreement was to assist the City in covering costs associated with the Tahpah Park Concession Stand Project . The re-payment agreement called for the Jaycees to pay the City the sum of $10, 000 . 00 on or before June 1st of the years 1993 , 1994 and 1995 . On Thursday, April 28, 1994, the City of Shakopee received a check from the Shakopee Jaycees in the amount of $20, 000 . 00 . Last year the City of Shakopee also received a check from the Jaycees in the amount of $10, 000 . 00 . To date the Jaycees have covered 50% of the cost of the project that they have committed to ($60, 000 . 00) . The Jaycees have until June 1, 1996 to pay off the remaining balance. BAS/tiv 4 02 MEMO TO: Dennis R. Kraft, HRA Executive Director FROM: Barry A. Stock, Assistant City Administrator RE: Housing Needs Assessment DATE: April 26, 1994 INTRODUCTION: Earlier this year the HRA suggested that the Community Development Commission investigate possible housing programs to implement in our community. On April 20, 1994 the Shakopee Community Development Commission discussed this issue in greater detail and is suggesting that a housing needs assessment be conducted by an outside source to determine where the exact need is in terms of housing assistance. BACKGROUND: In early April, I met with representatives from the local CAP Agency in an attempt to gain a better understanding of the housing needs in our community. The greatest need that could be identified by CAP Agency officials at this time was in the area of transitional housing. CAP Agency officials also informed me that Dakota County was currently conducting a housing needs assessment to determine where resources should be invested to provide subsidized housing programs. There are obviously a great variety of housing assistance programs that could be pursued by the Shakopee HRA. The programs include everything from land write downs and grants to low interest loan programs and transitional housing options. Given the limited amount of funds available and the lack of staff resources, I believe that if the Shakopee HRA is going to get into housing that we firmly decide where our staff and financial resources should be applied. In the past, the Shakopee Housing and Redevelopment Authority has primarily pursued commercial and industrial economic development types of projects. Former councils have generally selected to have the Scott County HRA provide housing assistance programs in our community. I spoke with Bill Jaffa, Executive Director for the Scott County HRA regarding the need for housing assistance in Shakopee. Mr. Jaffa commented that in his opinion the greatest need for housing assistance again fell into the area of transitional housing. We also discussed the possibility of conducting a housing needs / assessment in Scott County. He felt that the Scott County HRA would be willing to fund a portion of such a study. The study results could be used to not only determine where we might invest our financial resources but also to stimulate private development interest. There are several private consulting firms that have an expertise in completing housing needs assessments. Estimates for such a study range between $10, 000 and $20, 000. The Shakopee Community Development Commission is recommending that the Shakopee HRA pursue a housing needs analysis with costs to be split equally between the Shakopee and Scott County HRA. I would like to point out that the housing needs assessment would be of the entire Scott County area but would have a special focus on the Shakopee community. A second option would be to pursue on our own a housing needs assessment that focused only on Shakopee. In this case, the HRA would be responsible for absorbing 100% of the cost. Another option for the HRA to consider is whether or not the Scott County HRA could better provide housing programs in Shakopee. They currently administer 145 Section 8 vouchers in Shakopee. They also own and manage one moderate income 4-plex and two transitional dwelling units. Many cities have abandoned local HRA's and replaced them with Economic Development Authority's (EDA) . The provision of public housing programs has been passed on to the County HRA's. An EDA has the same economic development/redevelopment powers as an HRA. ALTERNATIVES: 1 . Work with the Scott County HRA to complete a housing needs assessment of the Scott County area with our funding share not to exceed $10, 000. 00. 2 . Move to recommend that $10, 000 be allocated to fund a housing needs assessment that focuses entirely on Shakopee. 3 . Do not undertake a housing needs assessment at this time. 4 . Direct staff to take the appropriate steps to dissolve the HRA and establish an EDA. 5 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Work with the Scott County HRA to complete a housing needs assessment of the Scott County area with our funding share not to exceed $10, 000. 00. //41- MEMO 7 -MEMO TO: Dennis R. Kraft, HRA Executive Director FROM: Barry A. Stock, Assistant City Administrator RE: Stans House Relocation DATE: May 3 , 1994 INTRODUCTION: The contractor selected by the HRA to facilitate the Stans house relocation have recently commenced work with regard to this project. Several issues have come to the attention of staff which require further direction from the HRA. BACKGROUND: Prior to embarking on this project, staff investigated whether or not the proposed house and garage relocation met with existing City ordinance provisions. Early on in the process, staff encountered a problem with the existing city code in regard to the lot coverage ratio and accessory building size. When the house square footage and garage square footage calculations are added together, they exceed the allowable 10% lot coverage ratio. The garage building footprint also is larger than that of the house. Staff had considered cutting off the south side of the garage that serves as a patio shelter to meet the city code provisions. The other option that could be pursued would be to apply for a variance from the 10% lot area coverage and maximum accessory building size provisions. In reviewing this option with Planning Department, staff did not feel that the proposed variance would meet with Planning Commission approval. With this in mind, staff proceeded to move forward under the premise that the garage patio shelter would have to be removed. In reviewing this issue further, it appears that the patio shelter portion can not be removed without replacing the entire roof. In preparing the original cost estimate for this project, staff included in the budget funding to replace the entire garage roof. This was included in the budget because the condition of the roof was such that it needed to be replaced. In reviewing this matter further, staff would like to seek HRA direction in regard to whether or not the garage should be removed or demolished. The mover's contract estimate did include moving said garage. If the HRA wishes to not move the garage it is estimated that the contractor's price to move both buildings could be reduced by $1, 000 . Staff also estimates that the garage would have a salvage value of approximately $500. The other option would of course be to demolish the facility. Staff has estimated demolition costs to be approximately $1, 000. In addition to the new garage roof, staff estimates that other repairs to the garage for incidental work would approximate $500 . A garage slab is also planned for the new site. ($2 , 000) To summarize, if the HRA wishes to proceed with moving the current garage from its present site it would cost approximately $3 , 500. If the HRA wishes to not provide for a garage at the new house site, the HRA could incur cost savings in the range of $5, 000. On the other hand, if the HRA chooses to build an entirely new garage at the proposed housing site, it would only cost about $1, 000 more then what has been budgeted for the garage relocation and improvements. ALTERNATIVES: 1. Do not provide for a garage at the new housing site and declare the existing garage surplus property. 2 . Construct a new garage at the proposed housing site. 3 . Go ahead with the original plan and move the existing garage to the new site with the proposed improvements noted herein. STAFF RECOMMENDATION: Staff recommends alternative #2 . ACTION REQUESTED: 1. Move to declare the existing garage surplus property and direct the Executive Director of the HRA to dispose of it accordingly. 2 . Direct the appropriate HRA officials to facilitate the construction of a new garage for the Stans house at the proposed development site. TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting May 3 , 1994 1 . Roll Call at 7 : 00 P.M. 2 . Housing Needs Assessment 3 . Other Business a) b) 4 . Adjourn Dennis R. Kraft Executive Director O P R j0 .11/A'.N;E April 29, 1994 Dennis Kraft 129 Homes St. S Shakopee, MN 55379 Subject: May 11 Ground Breaking for Prior Lake Fire Station 1 f1nar f1Pnn��. As you know, the ground breaking for Fire Station #1 was rescheduled due to unpleasant weather conditions. The new date is Wednesday, May 11 at 5:00 p.m. In case of inclement weather (snow, rain or cold with high winds) the ground breaking will be rescheduled to Thursday, May 12 at 5:00 p.m. The ground breaking will take place at the new Fire Station site adjacent to Waterfront Passage Business Office Park. The Business Office Park is located at County Road 21 and Fish Point Road; East of State Highway 13. We look forward to seeing you on this historic occasion. Refreshments will be served. Please R.S.V.P. by Friday, May 6 to Ann Wager at 447-4230 between 8 a.m. and 4:30 p.m. Monday thru Friday. Sincerely, I ti6 Fran!:I,II♦ ✓VyIv1.. I City Manager LA:FB:jd GROND2.WRT .. .. , rYi� '.vi ,`✓ moi.C .. '<'� �!_.'� ./ar�ll,�'.. - ' Fir1629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax(612)447-4245 AN EQUAL OPPORTUNITY EMPLOYER CONSENT log MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Resignation of Joe Kelly DATE: April 26, 1994 INTRODUCTION AND BACKGROUND: Mr. Joe Kelly has submitted his letter of resignation from the Planning Commission. His term extends until March 1, 1995. There were two applications received last winter for the Planning Commission from individuals who agreed to serve on other committees. Unless Council directs otherwise, the vacancy on the Planning Commission will be advertised and the two individuals who applied this past winter will be informed of the vacancy in case they desire to be considered for the opening. (Mr. Dauenhauer was appointed to the Energy and Transportation Committee and Mr. Morke was appointed to the CDC. ) RECOMMENDED ACTION: Accept the resignation of Mr. Joe Kelly from the Planning Commission with regrets. FROM : MID-NOP--EPN C: ?ACTG= . INC. =NONE NC. : 612445227 APRIL 21, 1994 MR. TERRY JOOS VIA FACSIMIf_E TO 445-6718 MR. WILLIAM MARS MR. BARRY STOCK, ASST. CITY ADMINISTRATOR CITY OF SHAKOPEE DEAR SIRS: WITH THIS IANDtTHEPLEASE BOAKJAOFEADJUSTMENTRESIGNATION FROM PLANNING APPEALS FOR THE COMMISSION CITY OF SHAKOPEE. THANK YOU FOR YOUR CONSIDERATION. SINC $ KELLY APR-22-1994 11:40 90% P.01 1010 MEMO TO Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Correspondence from Commissioner Foslid DATE: April 26, 1994 INTRODUCTION & BACKGROUND: The attached correspondence has been received by Scott County Commissioner Foslid regarding two issues near the Courthouse. The first request is to provide restricted parking on the west side of Holmes Street such that only Scott County employees could utilize this on-street parking. This is mainly a policy issue for City Council. On past requests for restricted parking (i.e. residents only)the City Council has taken the position that public streets are for use by the entire public, not certain users. The main parking restriction that has been imposed on the streets is time constraints. In regards to the second request to lower the speed limit on Fuller Street to 20 m.p.h., staff has submitted a response to Commissioner Foslid that State law prohibits reducing any speed limits to less than 30 m.p.h. ACTION REQUESTED: Discuss the restricted parking request and direct staff to take the appropriate response. DEH/pmp FOSLID SCOTT COUNTY , < BOARD OF COMMISSIONERS COURTHOUSE 109 - 428 S. HOLMES ST. SHAKOPEE, MN 55379-1382 (612) 496-8100 (612) 496-8180 FAX RALPH T. MALI,District 1 WILMA E. BEHM, District 2 RAY FOSLID, District 3 DICK UNDERFERTH, District 4 ED MACKIE,District 5 April 19, 1994 Mr. Dennis Kraft Shakopee City Administrator Shakopee City Hall 129 South Holmes Street Shakopee, MN 55379 Dear Mr. Kraft: The Scott County courthouse patrons and employees are experiencing a number of problems with adequate parking surrounding the courthouse, as well as safe crossing of Fuller Street. We are currently in the process of changing the main access to the Courthouse to the Southwest entrance and are attempting to provide better parking for patrons and employees. I am writing to inquire if the City would be willing to alter their current unrestricted parking on the West side of Holmes Street to restricted parking between Fourth and Fifth Avenues for Scott County employees. This would provide us with additional space for employee parking and would free up space in the Southwest Lot and Block 57 for citizen parking. The second area of concern is the speed limit on Fuller Street. Now that Fuller Street is an entrance and exit street to the Shakopee Mini Bypass, traffic has not only increased, but in spite of the stop sign at Fourth and Fuller, the speed of traffic appears to have increased. This creates a real concern for the safety of our patrons and employees crossing from Block 57. I am respectfully requesting that the Shakopee City Council consider reducing the speed limit in this area to twenty (20) miles per hour. Your consideration of these requests would be greatly appreciated. Sincerely, i2 172 , Ray Fo'slid, Commissioner Scott county Third District RF: bn c: Building Committee Members Commissioners An Equal Opportunity/Affirmative Action Employer SHAK0PE E April 21, 1994 Mr. Ray Foslid Scott County Commissioner Courthouse 109 428 S. Holmes Street Shakopee, MN 55379 Dear Mr. Foslid: Your April 19, 1994 letter to Dennis Kraft, City Administrator, has been forwarded to my attention for consideration and response. In regards to your first request regarding parking on Holmes Street, this is a policy decision and as such I will be taking this request to the City Council on May 3, 1994 for their review and action. In regards to your second request regarding lowering the speed limit to 20 m.p.h., State law dictates that the minimum speed limit allowable on all streets is 30 m.p.h. and therefore the City of Shakopee cannot grant your request in this regard. Please contact Dennis or myself if you have any additional comments. Sincerely, David E. Hutton, P.E. Public Works Director DEH/pmp FOSLID cc: Dennis Kraft, City Administrator COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 • 612-445-3650 • FAX 612-445-6718 I Oc TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Black Powder Shoot at Murphy' s Landing DATE: 04-28-94 INTRODUCTION: Ms. Shirley Olson, Executive Director of Murphy' s Landing has requested the Police Department to review a request to Council to allow a black powder shoot at that facility on Memorial Day weekend. BACKGROUND: When Ms. Olson assumed directorship of Murphy' s Landing she asked if shooting was allowed at that location. She was advised that use of firearms at Murphy' s Landing was prohibited unless specifically approved by Council in accordance with Section 10: 20, Subdivision 4 . A of the Shakopee City Code. Section 10. 20, Subdivision 3 reads in part, It is unlawful for any person to fire or discharge any cannon, gun, pistol or other firearm, . . . . " Section 10. 20, Subdivision 4 . A reads in part, "This section shall not apply to the discharge of firearms in a range authorized in writing by the City Council. " The proposal Ms. Olson has prepared and submitted is complete and addresses range safety, safety of those in attendance and safety of in areas adjacent to the event. The range at Murphy ' s Landing seems adequate to handle the three events requested with the level of supervision proposed. ALTERNATIVES; 1 . Allow the events requested. 2 . Allowed the events requested in 1994 with approval for events in subsequent subject to annual review and approval. 3 . Do not allow the events requested. RECOMMENDATION: None. This purpose of this report is to provide Council with information to make a policy decision. The Police Department neither recommends nor opposes authorization of the events requested. MURPHY'S LANDING Minnesota Valley Restoration Inc. A village of 1840-1890 2187 E. Highway 101 Shakopee, Minnesota 55379 Phone:(612)445.6901 Fax:(612)445-4174 MEMO DATE: April 28, 1994 TO: Tom Steininger, Chief of Police City Council Members cc: Dennis Kratt Karen Marty FROM: Shirley Olson, Executive Director RE: Permission to conduct Black Powder shooting on select occasions at Murphy's Landing ***************************************************************** We would like to request permission to hold black powder shooting events on three (3) occasions during the year. Of the three, only one involves actual "live Rounds". The other two events are for theatrical purpose only and involve only "blanks" with no projectile. The actual shooting occurs at Eagle Creek Rendezvous. Details of the schedules, safety plans, and persons responsible are attached. The financial impact of these events is significant. In particular, the Eagle Creek Rendezvous, now in it's 18th year, is the single largest attendance draw of the year. Your consideration and consent would be much appreciated. e'er.• . I rk iP � J -rG 6 r`.• 3� • Eagle Creek Rendezvous May 28th-30, 1994 Shooting Program: Personnel: Douglas Pieper: Head Dog Soldier (= Chief of Security) 16 years Police Officer, Armourer for St. Louis Park Police Department, Certified Firearms Instructor, Senior Firearms Instructor Richard (Ditto) Williams: Chief Range Officer (= Range Master) Certified Firearms Safety Instructor since 1979; Director of Star of the North Muzzle Loading Shoot competitions 1989, 1991, MN Conservation Officers Muzzle Loading Training Instructor 1987; Chief Range Officer Midwest National Rendezvous 1983, Chief Range Officer Minnesota State Muzzle Loading Championships 1981-1985, President Twin Cities Muzzleloaders 1986. At least 2 assistant range officers will be present at all times Shooting Events: Smoothbore Shoot: Saturday 9:30 a.m.-1:30 p.m. 15-20 rounds per shooter 10-15 shooters expected Rifle Aggregate: Saturday 2:00-4:30 p.m. and Sunday 10:00 a.m.-1:00 p.m. 25-30 rounds per shooter 40-45 shooters expected Specialty Matches: Sunday 1:30-4:30 p.m. Number of rounds dependent on Number of Participants Kids, Couples, Pistol and Team matches. Memorial Day Memorial Volley Services: (Blanks only) 6-12 Rounds total Blanket Shoot Monday 1:00-2:00 p.m. 10-15 rounds per shooter (New Event) Safety Procedures: The trail and woods behind the shooting range will closed. To accomplish this we will use brightly colored "police" ribbons across the trail and through the woods to delimit the area that is closed. In conjunction with this we will also have signs posting the area as closed. Range personnel will tour the closed area prior to any shooting to ensure that the signs and tape are in place and that no one is in the closed area. We will have additional signs at the entrances to instruct Murphy's Landing's visitors that there is a shooting range on site and to stay out of the closed area. Rendezvous participants will receive this same information in their registration packets and will also be told this information at the opening meeting Saturday morning at 9:00 a.m. All shooters will receive a copy of the "Range Rules" and will be told these rules prior 'to each shooting event. The shooting area will be cordoned off. Non-participants will be excluded from this area. There will be a "Ready Line" (a designated area for loading) and a "Firing Line" within this area. Each shot will be supervised by a range officer at a designated target. c co,� Tom Lawrence 3746 Cranbrook Drive White Bear Lake, MN 55110 (612) 653-1556 April 11, 1994 To: Shakopee City Council Re: Proposed Muzzleloading Shoot at Eagle Creek Rendezvous, May 28-30th As Bourgeois (Director) of Eagle Creek Rendezvous I have been asked to discuss the merits of the Rendezvous and our safety measures for the shooting events. This is for the purpose of obtaining a variance to the ordinance regarding discharge of firearms within the city limits of Shakopee. Every Memorial Day Weekend for the past 17 years, there has been a rendezvous sponsored by the Twin Cities Muzzleloading Club at Historic Murphy's Landing. This Rendezvous is only one of the seven shoots that our club puts on every year, but it is the most significant for our club. Its importance comes not just from the fact that it is our biggest event, but that the income from this one event subsidizes all our other events and activities. We constantly strive to make this a better event, both for our club and for Murphy's Landing. Last year we had a 25% increase in the number of registered camps, up from 135 to 170, with about 600 participants. Eagle Creek Rendezvous is also an important event to Murphy's Landing. It is one of the biggest weekends for the site. Last year's attendance for the three day weekend was 1661, and for 1992 there were 1780 admissions. It should be noted that there was one rain day each of the last two years that greatly affected the numbers, 1992 particularly with only 61 paid visitors on Monday, Memorial Day due to the all-day rain. I have written a comprehensive plan for the shooting events at Murphy's Landing for Eagle Creek Rendezvous Memorial Day Weekend. I have listed the two key safety people and their qualifications, a schedule of the shooting events, and the procedures for securing the range area. I have also included our "Range Rules" used for all our events, not just Eagle Creek Rendezvous. I am also enclosing the signs that we will post alerting visitors that there is a muzzleloading shoot and the range area is closed, and also the signs that indicate the closed area. A membership flyer that tells a little more about our club's activities and goals is also included. We have many activities planned for this event, but the shoots are of the most importance. All of the planned activities are oriented toward a safe and fun weekend for families and friends. If I have overlooked something or you feel an additional item needs to be addressed, please contact me with your concerns. Respectfully, d%( Tom Lawrence Bourgeois, Eagle Creek Rendezvous Vice-President, Twin Cities Muzzleloaders /Dcl rB Anderson's Furniture Stripping Center HOUCK'S PROCESS Houck's Stripping Process— 380 Dealers in 43 States and Still Growing Rt. =2 Box 578 - Shakopee, Minnesota 55379 ` ! ` / 2:9 fQ / ',/At;2 e 19 4/J, „ , _-e - w `rz- rt_e,c4,-,n 12 ' jb-r-e-ez-4IH ,at, o_vie&-e-a-----Y /1 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Shakopee Tax Increment Financing Plan and Redevelopment Plan Amendments - Public Hearing - Resolution No. 3998 DATE: April 28, 1994 INTRODUCTION: On March 22, 1994 the Shakopee HRA requested the Shakopee City Council to approve a modification to the redevelopment plan for the Minnesota River Valley Redevelopment Project No. 1 and modifications to the tax increment financing plans for Tax Increment Districts 2, 3 , 4, 7 and 9. A public hearing has been scheduled for May 3 , 1994 with respect to the proposed modifications. BACKGROUND: On April 7, 1994 the Shakopee Planning Commission reviewed the proposed modifications to determine if they were consistent with the City's Comprehensive Plan. The Planning Commission subsequently determined that the proposed modifications did not conflict with the Comprehensive Plan. Shown in attachment #1 are the proposed modifications to the Redevelopment Plan (Pages 1-8) and the modifications to the Tax Increment Financing Plan (Pages 9-10) . The amendments to the Redevelopment Plan primarily consist of expansion of the housing and redevelopment project area to include property that was recently acquired by the City South of the Senior High School. The redevelopment plan amendments also address public improvement costs associated with various redevelopment, recreational and sewer projects. Including these projects and subsequent costs in the plan does not guarantee that they will be pursued or that tax increment financing will be used to finance them. Proposed modifications to the Tax Increment Financing Plan primarily address the estimated impact of tax increment financing on the net tax capacity of all taxing jurisdictions in which the tax increment financing districts are located. Consistent with State Statute, on March 31, 1994 the Shakopee School District and Scott County received notification of tonight's public hearing. They also received notice of the estimated fiscal and economic impact of the proposed modifications. Since the proposed amendments do not involve the generation of any new retained captured tax capacity value or tax increment, there is no fiscal and economic impact on other taxing jurisdictions within the City. To date, the City has not received any comments from either the School District or Scott County. Shown in attachment #2 is Resolution No. 3998 . The resolution approves the proposed modifications to the Redevelopment Plan and modifications to the Tax Increment Financing Plans for Tax Increment Financing Districts No. 2, 3, 4, 7 and 9. Staff is recommending approval of said resolution. ALTERNATIVES: 1. Offer Resolution No. 3998 and move its adoption. 2 . Table action pending further information from staff. 3 . Do not approve Resolution No. 3998. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Offer Resolution No. 3998 , A Resolution of the City of Shakopee Approving Modification of Redevelopment Plan for Minnesota River Valley Redevelopment Project No. 1, and Approving Modification of Tax Increment Financing Plans for Tax Increment Financing Districts No. 2 , 3 , 4, 7 and 9 . Attachment # 1 SECTION XI PROPOSED MODIFICATION OF HOUSING AND REDEVELOPMENT PLAN FOR MINNESOTA RIVER VALLEY HOUSING AND REDEVELOPMENT PROJECT NO. 1 1. Section entitled: MUNICIPAL ACTION TAKEN Add: Tax Increment District No. 7: (Mebco Industries, Inc.) May 2, 1989: Tax Increment District No. 7 was established and the Tax Increment Financing Plan therefor was adopted and incorporated herein as Section VIII. Tax Increment District No. 9: (Tsumura International, Inc.) January 16, 1990: Tax Increment District No. 9 was established and the Tax Increment Financing Plan therefor was adopted and incorporated herein as Section X. May 5, 1994: The Redevelopment Plan for Minnesota River Valley Housing and Redevelopment Project No. 1 was modified by the City Council to increase the Project Area, to include additional public activities and costs, and to amend the Tax Increment Financing Plans included in the Redevelopment Plan. 2. Table of Contents: Add on page (v): New tables for Sections VIII, X and XI. Add on page (v) at the end: Reference to new Exhibit I-E (Map of new Project Area), Exhibit I-F (Map of Civic Center-Parks), and Exhibit I-G (Interceptor Sewer). 3. Subsection 1.2: Statement and Finding of Public Purpose. Add at the end: "The Commissioners have further determined that the Project Area and the persons residing or working in the Project Area are not adequately served by public facilities of the type described in Minnesota Statutes, Section 471.191, and that the provision of such facilities will better enable the City to achieve the goals set forth above." 4. Subsection 1.4: Statement of Objectives. Add at the end: "t. To provide public facilities of the type described in Minnesota Statutes, Section 471.191, to serve persons residing and working in the Project Area." 5. Subsection 1.5: Boundaries of Housing and Redevelopment Project No. 1. Add at the end: "The Project Area of Housing and Redevelopment No. 1 is expanded to include the property legally described as follows: Part of the N. 1/2 of the SE 1/4 of S. 12, T. 115, R. 23 Scott Co., MN. Also the 1/2 of the NE 1/4 of said Sec. 12., except that part of said S. 1/2 of the NE 1/4 des. as follows: Beginning at the SE corner of Jasper and Smith Addition in Said Scott County; thence S. along the Southerly extension of the E. line of said Jasper and Smith Addition a distance of 382.20 ft.; thence E. parallel with the S. line of 10th Avenue in said Jasper and Smith Addition a distance of 1,415 ft. more or less to the E. line of said NE 1/4; thence N. along the E. line of said NE 1/4 of the NE 1/4; thence W. along the N. line of said S. 1/2 of the NE 1/4 to an intersection with the Southerly extension of the E. line of said Jasper and Smith Addition; thence N. along said E. line to the p.o.b. according to the U.S. Gov. Survey thereof and situated in Scott County, MN." Attached hereto as Exhibit I-E is a map showing the location of the above- described property and the new boundary lines of the Project Area. —2— Subsection 1.6: Parcels to be Acquired in Whole or in Part Within Housing and Redevelopment Project No. 1 Add immediately before the last paragraph: "In addition the Authority intends to acquire and resell to Mebco Industries, Inc. for industrial development, the property described in Section VIII, Exhibit B. In addition the Authority intends to acquire and resell to Tsumura International, Inc. for industrial development, the property described in Section X, Exhibit B. In addition the City presently intends to acquire the property described below for, among other things, the purpose of acquisition and betterment of facilities of the type described in Minnesota Statutes, Section 471.191: That part of the north half of the Southeast Quarter and that part of the Northeast Quarter of Section 12, Township 115, Range 23, Scott County, Minnesota, described as follows: Commencing at the southeast corner of the said Northeast Quarter of Section 12; thence North 00 degrees 05 minutes 18 seconds West, assumed bearing, along the east line of said Northeast Quarter a distance of 150.10 feet to the point of the beginning of the parcel to be described; thence South 89 degrees 54 minutes 43 seconds West 612.18 feet; thence southwesterly 461.72 feet along a tangential curve, concave to the South, having a radius of 610.00 feet and a central angle of 43 degrees 22 minutes 04 seconds; thence South 46 degrees 32 minutes 38 seconds West, tangent to said curve, a distance of 164.53 feet to a point on the northeasterly line of a permanent drainage easement depicted on Minnesota Department of Transportation Right-of-Way Plat No. 70-3 as Parcel No. 52B; thence North 43 degrees 27 minutes 22 seconds West along said northerly line of Parcel 52B a distance of 275.46 feet to right-of-way boundary corner B-33 as shown on said Plat No. 70-3; thence continuing westerly on said northerly line 563.19 feet along a tangential curve concave to the south having a radius of 350.00 feet and a central angle of 92 degrees 11 minutes 45 seconds to right-of-way boundary corner B-32 as shown on said Plat No. 70-3; thence continuing on said northerly line South 44 degrees 20 minutes 54 seconds West 45.52 feet to right-of-way boundary corner B-31 as shown on said Plat No. 70-3; thence continuing southwesterly on said northerly line 256.10 feet along a tangential curve, concave to the northwest, having a radius of 860.00 feet and a central angle of 17 degrees 03 minutes 43 seconds to right-of-way boundary corner B-30 as shown of said Plat No. 70-3; thence continuing along said northerly line South 61 degrees 24 minutes 37 -3- seconds West 510.64 feet to right-of-way boundary corner B-29 as shown on said Plat No. 70-3; thence continuing on said northerly line southwesterly 196.27 feet along a tangential curve, concave to the north, having a radius of 360.00 feet and central angle of 31 degrees 14 minutes 14 seconds to a point on the west line of said Southeast Quarter of Section 12; thence North 00 degrees 34 minutes 55 seconds West, along said west line, a distance of 756.56 feet; thence northeasterly 482.41 feet along a nontangential curve, concave to the southeast, having radius of 700.00 feet, a central angle of 39 degrees 29 minutes 08 seconds and the chord of said curve bears North 40 degrees 56 minutes 51 seconds East; thence North 60 degrees 41 minutes 25 seconds East, tangent to said curve, a distance of 545.61; thence northeasterly 636.34 feet along a tangential curve; concave to the northwest, having a radius of 600.00 feet and a central angle of 60 degrees 45 minutes 56 seconds to a point on the south line of Jasper and Smith Addition to Shakopee according to the plat on file in the office of the County Recorder, Scott County, Minnesota; thence South 84 degrees 03 minutes 11 seconds East, along said south line, a distance of 214.11 feet to the southeast corner of said plat; thence South 00 degrees 21 minutes 33 seconds East, along the southerly extension of the east line of said plat a distance of 382.20 feet; thence South 89 degrees 53 minutes 57 seconds East 1,415.50 feet to a point on the east line of said Northeast Quarter of Section 12; thence South 00 degrees 05 minutes 17 seconds East, along said east line, a distance of 946.11 feet to the point of beginning. Except therefrom that part of said north half of the Southeast Quarter depicted as Parcel 52B on said Minnesota Department of Transportation Right-of-Way Plat No. 70-3. Said Minnesota Department of Transportation Right-of-Way Plat No. 70-3 is recorded as Document No. 303446, files of the County Recorder, Scott County, Minnesota. Subject to the rights of the public for County Roads 77 and 79. Subject to a 25.00 foot temporary construction easement over, under and across that • part of the herein described parcel which lies northerly of and adjacent to the northerly line of the permanent drainage easement depicted on Minnesota Department of Transportation Right-of-Way Plat No. 70-3 as Parcel 52B. Said temporary easement expires December 1, 1996. Subject also to easements of record. Excepting the following described property: That part of the north half of the Southeast Quarter and that part of the Northeast Quarter of Section 12, Township 115, Range 23, Scott County, Minnesota, described as follows: PARCEL A Commencing at the southeast corner of said Northeast Quarter of Section 12; thence North 00 degrees 05 minutes 17 seconds West, assumed bearing, along the east line of said Northeast Quarter a distance of 150.10 feet to the point of beginning of Parcel A to be described; thence South 89 degrees 54 minutes 43 seconds West 612.18 feet; thence southwesterly 461.72 feet along a tangential curve, concave to the South, having a radius of 610.00 feet and a central angle of 43 degrees 22 minutes 04 seconds; thence South 46 degrees 32 minutes 38 seconds West, tangent to said curve, a distance of 164.53 feet to a point on the northeasterly line of a permanent drainage easement depicted on Minnesota Department of Transportation Right-of-Way Plat No. 70-3 as Parcel No. 52B; thence North 43 degrees 27 minutes 22 seconds West, along said northerly line of Parcel 52B, a distance of 275.46 feet to right-of-way boundary corner B-33 as shown on said Plat No. 70-3; thence continuing westerly on said northerly line 30.01 feet along a tangential curve concave to the south having a radius of 350.00 feet and a central angle of 04 degrees 54 minutes 45 seconds to its intersection with the southerly extension of the west line of the east half of said Northeast Quarter; thence North 00 degrees 20 minutes 14 seconds West, along said extension and said west line 1008.99 feet to the south line of that certain parcel of land taken for public school building per Document No. 105818 recorded in Book 161 of Deeds, Pages 423 and 424, Office of the Scott County Recorder; thence South 89 degrees 53 minutes 57 seconds East, along said south line, a distance of 1365.72 feet to the east line of said Northeast Quarter; thence South 00 degrees 05 minutes 17 seconds East, along said east line of the Northeast Quarter, a distance of 946.11 feet to the point of beginning of said Parcel A. PARCEL B That part of the Northeast Quarter of Section 12, Township 115, Range 23, Scott County, Minnesota described as follows: Commencing at the southeast corner of said Northeast Quarter; thence North 00 degrees 05 minutes 17 seconds West, assumed bearing, along the east line of said Northeast Quarter a distance of 1096.21 feet to its intersection with the south line of that certain parcel of land taken for public school building per Document No. 105818 recorded in Book 161 of Deeds, Pages 423 and 424, Office —5— of the Scott County Recorder; thence North 89 degrees 53 minutes 57 seconds West, along said south line, a distance of 1415.50 feet to the point of beginning of Parcel B to be described; thence North 45 degrees 00 minutes 10 seconds West 225.35 feet; thence northerly 239.88 feet along a nontangential curve, concave to the West, having a radius of 700.00 feet, a central angle of 19 degrees 38 minutes 04 seconds, and the chord of said curve bears North 10 degrees 36 minutes 17 seconds East to a point on the south line of Jasper and Smith Addition to Shakopee, according to the plat on file in the office of said Scott County Recorder; thence South 84 degrees 03 minutes 11 seconds East 113.64 feet to the southeast corner of said Jasper and Smith Addition to Shakopee; thence South 00 degrees 21 minutes 33 seconds East, along the southerly extension of the east line of said Jasper and Smith Addition to Shakopee, a distance of 382.20 feet to the point of beginning of said Parcel B. and various parcels for park purposes. In addition, the City may acquire the following parcels in aid of redevelopmentof the downtown area: Lots 2 through 5, Block 4, Original Shakopee Plat, and Lots 1 through 5, Block 3, Original Shakopee Plat. Subsection 1.7: Estimated Public Improvement Costs and Supportive Data Add at the end: The following described public improvements the location of which is shown on Exhibit I-F: Shakopee Community Center Project (Exhibit I-F, Site A) Public Redevelopment Costs: 1. Land Acquisition - S350,000.00 City Utilized Cap. Impr. Fund to acquire in 1993 2. Civic Center Building Construction - S8,000,000.00 3. Site Preparation a. Grading - $150,000.00 b. Utilities (Sewer, Water, Electric etc.) - S200,000.00 c. Parking Lot - $150,000.00 d. Athletic Fields and Open Space - $100,000 Shakopee Pool Improvement Project (Exhibit I-F, Site B) Public Redevelopment Costs: 1. Replace Water Slide - $100,000.00 —6— 2. Develop Drainage Collection System - $25,000.00 Shakopee Trail Improvement Project (Exhibit I-F, Site C) Upper Valley Trail Extension Project - S250,000 Trapah Park Improvement Project (Exhibit I-F, Site D) 1. Grandstand Improvement Project - $50,000.00 2. Grandstand Concession/Restrooms - $100,000.00 3. Parking Lot Expansion and Repairs - $100,000.00 4. Trapah Park Expansion and Development - $150,000.00 Sanitary Sewer Interceptor (Exhibit I-G) - S4,000,000 Downtown Redevelopment: 1. Land Acquisition - S1,400,000 2. Demolition - $250,000 3. Relocation - $250,000 4. Public Improvements - $100,000 5. Administration - S50,000 The above-described improvements will be financed by a combination of general obligation bonds, general obligation improvement bonds, tax increment bonds or tax increments, and special assessments and connection charges. Set forth below is a summary of all public and private projects within the Project Area with respect to which public redevelopments costs have been or are expected to be incurred, the amount expended as of March 1, 1994, and the amount remaining to be expended: —7— Future Total Project Costs Expended Costs Costs Land Acquisition/Writedown K-Mart $1,139,468 5 $1,139,468 Highrise 126,550 126,550 Canterbury 3,300,000 3,300,000 FMG 372,445 617,555 990,000 Subtotal 4,938,463 617,555 5,556,018 Site Improvements K-Mart 1,766,737 1,766,737 MEBCO 157,984 157,984 FMG 706,396 706,396 Block 3&4 2,000,000 2,000,000 Subtotal 1,924,721 2,706,396 4,631,117 Public Improvements K-Mart 1,837,405 1,837,405 Highrise Offsite 187,484 187,484 Canterbury Offsite 2,916,914 2,916,914 Downtown Streetscape I 2,779,435 2,779,435 South Bypass 1,003,786 30,000 1,033,786 169 Bridge/junction 1,942,931 20,000 1,962,931 Storm Drainage 4,685,840 500,000 5,185,840 FMG 88,497 88,497 Downtown Streetscape II 500,000 500,000 Chaska Interceptor 4,000,000 4,000,000 Community Center 3,500,000 3,500,000 Park Improvements 775,000 775,000 Subtotal 15,442,292 9,325,000 24,767,292 —8— Administrative Costs Debt Service 282,038 40,000 322,038 Downtown 110,819 110,819 169 Bridge/junction 2,314 2,314 HRA 210,580 210,580 City 439,000 439,000 FMG 59,881 59,881 Block 3 & 4 50,000 Subtotal 1,104,632 90,000 1,144,632 Total Project Costs $23,410,108 $12,738,951 $36,099,059 Section XI: Modification to Tax Increment Financing Plans for Tax Increment Financing Districts 2, 3, 4, 7 and 9 in Minnesota River Valley Housing and Redevelopment Project No. 1 The existing Tax Increment Plans for Tax Increment Financing Districts No. 2, 3, 4, 7 and 9 in the Project Area are amended as follows: 1. The objectives of the Authority for the improvement of the Project are as set forth in the Redevelopment Plan, as amended. 2. The development program for the Project shall be as set forth in Section I of the Redevelopment Plan, as amended. 3. The property in the Project Area proposed to be acquired by the Authority or the City is as set forth in Sections 1.5 and 1.6 of the Redevelopment Plan, as amended. 4. The descriptions and type of development reasonably expected to occur in the Project Area include industrial, commercial, secretarial and housing development, as set forth in the Redevelopment Plan, as amended. 5. 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S i > ) I 0 - e x "Z9 14 -pyo �Q ®' / rMA I 6 „, r hi i 18 a I I ft A O 2, 1 0 / -0.1 IN IA il R 2 LA sw -9 I -.4 ..IT -1 i / mit ft Exmc, z OD so 1 -c E 0 1 / /IL Ni \ ' 1 A 41 AW . 1 . 1 iA L 7 @T s' / 1 ye "a • pii`" Po t.► 1 I I L ® g y1. gwA) JPi •4141 lis cI : i 1 1 0 —r,,, o•-• P77.•®T --,R \ //. ? 88 - � xv rn = __ .`fig \\I / • . �� t o * E 8 \ II • 1,, sa' .- , ' E1` vJ g .I14 NI SI- oy > g si L__ __l tt 11 12 A oo . . 1 NSUo A go w Z ' �� N O mmi A 1 CONSENT lib MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Eagle Creek Thrift Shop DATE: April 28, 1994 INTRODUCTION: Staff was directed by Council to explore the feasibility of extending City water to Eagle Creek Thrift Shop. BACKGROUND: Eagle Creek Thrift Shop is currently on a well. They have been experiencing excessive nitrate levels with their well water, so the Health Department has ordered corrective measures. Currently, the Thrift Shop is not using the well water for potable water purposes. The City Council directed staff to explore the feasibility of extending City water out to the Thrift Shop. Currently, City watermain is located at the northeast corner of County Road (C.R.) 16 and County Road 83. To extend the watermain across to the Thrift Shop and to the southern property line would result in approximately 500 L.F. of 12" ductile iron pipe. The watermain would need to be jacked under County Road 16. It is estimated to cost approximately $31,000.00 to extend this watermain and run a service line to the building. The entire cost would be borne by the City of Shakopee as it does not appear there are any other benefitted properties at this point. The property on the west side of C.R. 83 across from the Thrift Shop may or may not need this particular watermain depending on exactly how that parcel develops. In discussing this issue with Shakopee Public Utilities Commission (SPUC) staff, they indicated that there are other methods of removing nitrates from water by utilizing equipment on the water softeners. Staff has contacted Culligan and there are two products on the market designed specifically for nitrate removal. One is a R.O. device (reverse osmosis) and the other is a special water softener that contains a Nitrate Removal Unit. Both of these devices can be purchased and installed for less than $5,000.00. These devices are approved by the Department of Health. Based on that information, staff proposes to utilize this type of equipment rather than extend the watermain. ALTERNATIVES: 1. Extend the watermain to Eagle Creek Thrift Shop for a cost of$31,000.00. 2. Purchase a nitrate removing water softener for less than $5,000.00. 3. Do Nothing. RECOMMENDATION: Staff recommends Alternative No. 2, to purchase the water softener for less than $5,000.00. The exact amount of this equipment cannot be more specifically determined until the vendor is able to review water usage records and the test records for nitrate. Staff is proposing to fund this project using General Fund Contingency. ACTION REQUESTED: Move to authorize staff to spend up to $5,000.00 to purchase a nitrate removal water softener for the Eagle Creek Thrift Shop. DEH/pmp THRIFT CONSENT lac MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Rahr Malting Agreement DATE: April 26, 1994 INTRODUCTION: Staff is requesting City Council authorization to execute an agreement with Rahr Malting Co. regarding their forcemain and sewer flows from Malthouse No. 5. BACKGROUND: On October 6, 1992 the City Council directed staff to prepare an agreement with Rahr Malting Co. regarding the forcemain and sewer flows from Malthouse No. 5. On May 11, 1993 the City Council further discussed this issue at the request of Rahr Malting. Specifically, Rahr requested that the City construct the service line from 3rd Avenue to their holding tank for Malthouse No. 5 and that the City defer any assessments for this project until such time as Rahr constructs a private wastewater treatment plant. The City Council agreed with the request from Rahr and directed staff to include that language in the agreement. The City Attorney and Rahr's legal counsel have agreed to the language in the final agreement, which is attached for City Council review. Rahr Malting has already executed the agreement. Staff is requesting City Council authorization to execute the City's portion of the agreement. The agreement addresses not only the actual construction and maintenance of the forcemain that is located on Rahr's property north of 3rd Avenue, but also establishes an operating plan for the maximum flows that can go to the River Trunk, versus being pumped south to the VIP Interceptor. The intent is for Rahr to continue to be allowed to discharge the amount of flow generated by Malthouses 1, 2, 3 and 4 to the River Trunk, but that any new flows from Malthouse No. 5 would need to go south. ALTERNATIVES: 1. Authorize the signing of the agreement. 2. Deny or table the request for revisions or additional information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to authorize the appropriate City officials to execute the attached agreement with Rahr Malting Co. to cover the forcemain and service line on their property to serve Malthouse No. 5. DEH/pmp RAHR AGREE''ENT This agreement, granted this day of 1993 , by Rahr Malting Co. , hereinafter referred as "Rahr" , to the City of Shakopee, a municipal corporation of the State of Minnesota, hereinafter referred tc as the "City" . WITNESSETH: That, Whereas, Rahr has had discussions with the City regarding construction of a sanitary sewer forcemain and service line to serve Rahr' s property; and Whereas, the City has agreed to design and build the forcemain and the service line, subject to certain agreements regarding payment and maintenance; and Whereas, Rahr has requested the City to enter onto Rahr' s property in order to construct the service line . NOW, THEREFORE, for the considerations herein expressed, it is agreed as follows : 1 . In order to construct the service line, Rahr hereby grants to the City permission to enter into and upon a tract of land owned by Rahr and which tract is more particularly described on Exhibit A. 2 . Rahr shall allow the City access to the property described in Exhibit A, and shall not interfere with City personnel while they are constructing the service line. 3 . The City shall construct the service line as described more fully on construction plans B attached hereto as Exhibit B and incorporated herein. The City will provide all personnel, equipment, and supplies necessary to perform this work. Upon completion of the work, the City shall promptly remove all City - equipment and supplies, and restore the property to a similar - condition as that in which it existed prior to the initiation of work. 4 . The intention of the parties in constructing the service line and forcemain is to take all sewage from Malthouse 5 to gravity sewers to the south. None of the sewage from Malthouse 5 is allowed to be placed into the River Interceptor sewer, which is located north of First Avenue in Shakopee. 5 . The use of the forcemain described in this agreement shall be governed by the Rahr Malting Operating Plan attached - hereto as Exhibit C. That Plan sets out the maximum use of the River Interceptor sewer. Rahr shall provide the City with monthly flow records to verify that the operating plan is met . If, based on the monthly sewer reports, Rahr exceeds the allowable sewer flow as described on Exhibit C without prior City approval , the City has the right to levy an additional surcharge on the sewer rates forthe excess flow. The surcharge shall be determined based cn the amount of the excess flow and the impacts created by this excess flow on the River Interceptor sewer. 6 . Rahr shall reimburse the City for its expenses in constructing the service line on Rahr' s property. The City shall construct the forcemain on City right-of-way at. no expense to Rahr. The City shall specially assess the cost of the service line to Rahr, and agrees to defer the special assessments until Rahr constructs its own waste water treatment plant, or until December 31, 2003 , whichever occurs first . 7 . Rahr shall install a sewer flow meter on the new service line going south into the forcemain at its own expense. 8 . The parties mutually agree to the following: (a) In no event shall the City be liable to Rahr for special, indirect, or consequential damages, except those caused by the City' s gross negligence or willful or wanton misconduct . (b) Rahr agrees to defend, indemnify, and save the City harmless from and against all claims, suits, and actions of every description brought against the City, and from all damage and costs by reason or on account of any injuries or damages received or sustained by any person or persons, or their property, in the performance of the work described in this agreement, or by any carelessness or negligence (other than gross negligence) in the performance of the work. 9 . This agreement and every question arising hereunder shall be construed or determined according to the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the date and year first above written. RAHR MALTING CO. CITY OF SHAKOPEE, MINNESOTA By //111f/ By Mayor Approved as to Form: By City Administrator By City Attorney City Clerk [3MEMO2] -2- • • • approval, the City has the right to levy an additional surcharge on the sewer rates for the excess flow. The surcharge shall be • determined based cn the amount of the excess flow and the impacts created by this excess flow on the River Interceptor sewer. 6 . Rahr shall reimburse the City for its expenses in constructing the service line on Rahr' s property.- The City shall construct the. forcemain on City right-of-way at_ no expense to Rahr. The City shall specially assess the coat of the service line to Rahr, and agrees to defer the special assessments until Rahr constructs its own waste water treatment plant, or until December 31, 2003 , whichever occurs first . 7 . Rahr shall install a sewer flow meter on the new service line going south into the forcemain at its own expense. 8 . The parties mutually acree to the. following: • (a) In no event shall the City be liable to Rahr for special, indirect, or consequential damages, except those caused by the City' s gross negligence or willful or wanton ' misconduct . • (b) Rahr agrees to defend, indemnify, and save the - City harmless from and against all claims, suits, and actions of every description brought against the City, and from all damage and costs by reason or on account of any injuries or damages received or sustained by any person or persons, or their property, in the performance of the work described in this agreement, or by any carelessness or negligence (other than gross negligence) in the performance of the work. • 9 . This agreement and every question arising hereunder shall be construed or determined according to the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties_ hereto have caused this agreement to be executed on the date and year first above . written. RAHR MALTING CO. CITY OF SHAKOPEE, MINNESOTA By /a4.70//1‘,AG4—' By Mayor Approved as to Form: By - Ci ty Administrator • By City Attorney City Clerk [3MEMO2) -2- EXHIBIT A Lots 1 & 2, Block 14 Lots 5, 6, 7 & Vacated Alley in Block 175 Lot 5, Block 176 Vacated Webster Street Lying Between Blocks 175 & 39 and Lying Between Lot 5, Block 176 and Lot 1, Block 14 Vacated 2nd Avenue, Lying between Lots 6 & 7, Block 175 and Lots 4 & 5, Block 176. � t. Nqg.Rn On Og .,,.o1111111 , 0 . . 112 ,qmig Pr. P g'i' i9 :"^ggl '1.11 ,J RI ► , • -- _ _______ ti,-42 &lig ill4 -giRe 3 . • --r- ---"" ..---.c.-----. ICdl ,----61C• < ZI v orf /- O z • i 8 VI,3RD STREET .S %o' µ - lyr-__.1 EL 753.1 '2'� ..YO KI 0'.. '' %CCI •11: • ° ..:... 0 , EUCE _ 1( i' 0 ^. "\ 1 EL 742.8 o� TOP ROGC EL 747.3 • t^' ‘' 0 \ / Id .111111$°11' ‘4'.. " . \ ;��`a :.. END AUCERR.�C V,,, � soft.nom,a j2 n ` !114 " ELI 742.5 ' :F0'S I TOP ROCK EL 745.5 m y 4 \ , .. 1� Zee _...._...__-. -..,._.I- \ / LL; �1: l . 1• a t' •4 1 \ �� I• C _AUCCRING •s t � idl OORINC \134 o.NU; ' T. V�. - 741.7 ) >� x fOF'ROCK EL 748.7 ``t je .O -pi 1 I 0011. I '' 4 V� •�I ti_ CND AUCERIN y SOIL MAC 14 N'. A / `� - •• .S� • 9 I 1 TOP RACK EL 747.0SS- .. q ! EL 743.5 .. . \ W O Ii 4tow' ' -1.1 I.N-- 5_COVE R-`• 'R.R.-TRAC)_T- <OI . YI �7v Jkin m (' \ J EL 752.74 II�� IC/L F.R. TRACK �' /' r 1 CND 40.3AUGN ` J EL 752.74 / p .... _CL 710.3--- I_ - I-1-�'= - pLBORIhC�,i' • DN\. 1 �/ 040 a _ TOP ROCK EL 740.3 3 l J p I 4.5' :A R.R. TRACKS '• /' > ?I �- T , END AUCERIN ` •COVER 'L 749.09 -.?°,'°°°.‘ ..__ci.741:4.r- - � :1- - -(Mw.)-I- �on_9omN0yH� /' ‘.4 .•�• x pp z �, 1 OP ROCK tl. 742.4 C; a 4.5' 1 El I . _-_END AUCCRIN _ __� _ COVER 1EL 749.6E SpL OORI�C J7 1' [L. 743.4 -� -TOP ROCK EL 745.4 •�,�' 0111.1000 vv Hv Jf. / 2'MIN. 0 Pi • ...-_.-73 . m^'�0 ''L .- COVER i' > ' EYOR Z7 .....-- -----�- Ic7S--7o -1- - -.00 OUI�T %.SON 1ti 1dw �! d,r `v,' 46\ 0 1 N ♦ RC...°%. ' D Z - $, f I g CA TUNE ft. 9i'4 i Z ° Z F-� c a+ti i1. r5o.o2 4 ‘..05:„.‹; i • $ I t1 T / �� 9 dMN� 1 I;: - 2 O 6 D � r v a -C x O ._ ---- 'n to 1 -- m K P'o ® O I 1 w fTl 7 _-.._._ . ...--- ---- 0 Dg I i I I - I - I i Z i rTl 013 - o $ 4 U gg :..fir•, .. mm a 4 � N N • I IV Cn 0 IV CP 0 Cn 0 CII 0 lid CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, Planning Director SUBJECT: Downtown Riverfront Plan DATE: April 26, 1994 INTRODUCTION: Staff is seeking City Council authorization to execute a contract with the consultant selected to prepare the Downtown Riverfront Plan, namely Brauer and Associates, Inc. BACKGROUND: With the completion of the Mini Bypass, the major infrastructure stage has been set for the downtown area. While the bridge opened up the traffic routes through downtown, it has also opened up views to an unkept portion of the City along the riverfront. There are several sections of the 1990 - 2010 Shakopee Comprehensive Plan which include recommendations for improving the downtown riverfront area. Fostering community interest in the downtown and the central riverfront area is one of the primary goals listed in the Comprehensive Plan (Page 15. 1) . The Land Use Plan section includes recommendations for connecting the downtown area with the riverfront. The Image and Urban Design section recommends four specific objectives for improving the area surrounding the Mini Bypass project. In addition, the Parks section recommends that the improvement of Huber Park be given top priority. Promoting and enhancing opportunities for a variety of activities in the downtown riverfront area is one of the central tenants to the Comprehensive Plan. DISCUSSION: A consultant selection committee was formed consisting of two staff planners, the Assistant City Administrator, and a member of the Community Development Commission (CDC) . On March 16, 1994 , requests for proposals were sent out. A total of two proposals were submitted to the committee on April 15, 1994. After reviewing the proposals, the selection committee has formulated a final recommendation. Based on a review of the proposals submitted, the selection committee recommends that the firm of Brauer and Associates be considered for this project. Attached as Exhibit A is a copy of the scope of services for the Downtown Riverfront Plan. The 1994 budget, approved by the City Council, included $10, 000 for the preparation of the Downtown Plan. Staff has further defined the scope of the Downtown Plan from the 1994 budgetary process and the Comprehensive Plan to focus on the immediate need for improving the riverfront area. Attached as Exhibit B is a map of the study area. Staff believes that improvements made in the riverfront area will help promote the connections between the downtown and the riverfront area, as well as encourage more active use of the Minnesota Riverfront area. ALTERNATIVES: 1. Direct the appropriate City officials to execute the contract with Brauer and Associates, LTD. for preparing the Downtown Riverfront Plan for a fee not to exceed $9, 675. 00. 2 . Deny the request. 3 . Direct staff to submit a recommendation utilizing the other firm, Damon Farber and Associates at a fee not to exceed $11, 500. 00. 4 . Take no action. RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Move to authorize the appropriate City officials to execute a contract with Brauer and Associates, LTD. for the purposes of preparing the Downtown Riverfront Plan for a not to exceed fee of $9, 675. 00. EXHIBIT A Sco OUervices 1. Prepare a site analysis/perceptual plan document which illustrates visually the primary assets and constraints on the site. 2. Prepare a design plan for the Downtown Area Riverfront (as delineated on the attached location map), with illustrative graphics, including, but not limited to the following: a. Bicycle, pedestrian and thematic links to the downtown. b. Landscaping, street furniture and lighting. c. Recreational or other riverfront amenity opportunities, including a boat/riverboat landing with docking or tie-down capabilities. d. Reuse of old 169 bridge. e. Adaptive use of old Parks and Recreation Building. f. Downtown entry monuments and landscaping at east and west entrances to First Avenue. Monument design should be easily incorporated into a uniform system of Downtown signage including directional and pathfinder signs. . g. Bicycle lot or other bicycle storage facilities. h. Park-n-Ride lot and any additional parking facilities. i. Relocation and reuse of train station. j. Access from Bluff Avenue and Levee Drive. k. Storm water retention facilities. 1. Image of the area from north of 169 bridge (entrance landscaping etc.) m. Minimization of the impacts of electric transmission lines and facilities. 2. Prepare a Feasibility Report for the proposed Design Plan. This report should include the following items: a. Construction cost estimates. b. Funding alternatives. c. Property acquisitions, demolitions, and relocations required. d. Maintenance cost estimates. 3. Recommended planning and design work necessary for implementation of the Design Plan concepts. 4. Meet with City staff once a month to update the status of the Design Plan. The City of Shakopee will provide all maps, reports, information,detc. available to assist the consultant. A partial listing of this information is at The City of Shakopee desires the report completed as soon as possible, but the final completion date will be approximately 5 months after the contract is signed. The terms of the contract will be negotiated once a consultant is selected. EXHIBIT B \ - St g A gb ti , __s ..ia OW *MI 0* A -•-%- 10° StOvra\tia7A ...., \ .. 110. 00 OS ogi VA' . 111A01 0 �`;! r 10 a‘geWSS, Wr Sail S WS., i rI. WW1 I oili WS 101u1"" 010 S' *$ tii4 Me 0 SO ; 0 ria, ,,I fi;,; .0.04, 1-ffi \a'S % �- t3Wyios IIS . I. ��' ;il .file,gm- s`M�� rte►! 0 . laws , --- ‘ isa 9At \\12, %WI A wi, \737 _arA , ...wi 9,3y4-1,0 wis /7 9 W & '001...a Wti +0 .._ 0 „ 00 ss wita WI- WIN 111!1,74 wo WO >, Q 2r 1111 �O ui cc L ra 1IS pO0M1Y , , , ori L r. , s. � % I 10 D � r -N.-a-77 fa 4 % or... ..N.-• • A rig ) w1/4 w00%r 13.) CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Final Plat for Homestead Ridge, 1st Addition DATE: April 25, 1994 INTRODUCTION: Vierling Partnership recently received approval of their Application for Final Plat Approval for Homestead Ridge, 1st Addition. The subject site is located east of County Road 79, south of Mint Circle, and extends Monarch Street south from The Meadows 4th Addition. The area was rezoned from Agricultural (AG) to Urban Residential (R-2) on February 15, 1994, at the request of the applicant. At their April 19, 1994, meeting, the City Council approved the Final Plat, but did not authorize the hiring of an appraiser to perform an appraisal of the parcels within this development as recommended by the Planning Commission. This appraisal would assist in the calculation of the Park Dedication requirement. BACKGROUND: Since the area is not identified as a future park site in the City's draft Comprehensive Plan, Staff recommends that a park dedication fee be collected in lieu of park land. The calculations below have included the .26 acre credit towards the parkland dedication requirement of 2.17 acres (10% of plat) for the additional 10 foot wide portion of right-of-way dedicated for the proposed trail along CR 79. (Please refer to the staff report for the Final Plat dated April 14, 1994, for additional information regarding this trail). Using the Assessed Value from the Scott County Assessor's Office in the calculation, the park dedication requirement would be approximately $53.57 per residential lot, and when using the appraised value calculated in 1989, the park dedication requirement would be approximately $64.94 per residential lot. Based on these low calculations, the City Council may wish to authorize the hiring of an appraiser to perform an appraisal of the parcels within this development. The dedication of land for park purposes is made at the time of the platting of the land, and cash payments are due prior to the final approval of the plat by the City Council. However, the developer for this proposed plat has submitted a request to defer the Park Dedication payments to the time of the issuance of the building permit. Due to this request, the City Council may enter into a contractual agreement to allow the park dedication payments to be deferred. This contract will designate the amount to be paid in lieu of park dedication, and is filed with the Scott County Recorder as a lien against the property. 1 PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends that the City Council authorize the hiring of an appraiser to perform an appraisal of the parcels within this development in order to calculate the Park Dedication requirement. ACTION REQUESTED: Offer a motion authorizing the hiring of an appraiser to perform an appraisal of the parcels within this development in order to calculate the Park Dedication requirement, and move its approval. {CR'YCOUN FPIIRPARK.503} 2 1,r:-.0P, MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Community Center DATE: April 28, 1994 INTRODUCTION: On April 26, 1994 the Shakopee City Council discussed allocating $6 million from the Tax Increment Finance Trust Fund to construct a community center. There seemed to be agreement from a majority of Council that the facility should be constructed in phases. Phase 1 would be funded through the $6 million allocation from the TIF Trust Fund. Phase 2 would be placed on a referendum. Staff is seeking additional direction with respect to this project, including when the item should be set for referendum. BACKGROUND: Now that some general direction has been set with respect to a community center, staff would like Council to discuss the steps that need to be addressed to facilitate project implementation. Following is a list of issues for further discussion. All of the issues are interrelated so it is somewhat difficult to present all of the pros and cons of each scenario. Staff has attempted to submit a proposed course of action with respect to each issue. Staff's recommendations assume Council wishes to start Phase I in a timely manner. 1. Phase 1 Construction Timing - Would the City like to immediately start the construction process for Phase 1? It is possible that the City could begin construction on Phase 1 later this year. Excavation of the site could take place in a relatively short time frame. (2-3 months) A preliminary site plan was completed last year. That site plan could be the basis for a grading plan. The site plan identified last year included four ball fields, parking area and a relatively large space for a facility. Actual construction of a facility could also begin late this year with possible footings installed prior to the winter season. This would provide for construction during the winter months and Phase I completion scheduled for July 1995. A second option would be to hold off any construction on Phase I until after a referendum is held for Phase II. Assuming a referendum were scheduled for this Fall, it is likely that Phase I construction would be delayed until Spring of 1995. Phase I project completion under this scenario would be pushed back until late 1995 or early 1996. Staff Recommendation: Pursue a dual track process initiating the design and construction process for Phase I so that building construction could be started yet this year. Awarding bids, having dirt being moved and construction underway would be a great way to generate interest (pro & con) for the Phase II referendum whether or not it is held this fall or next Spring. This option would also bring Phase I on line for use as early as possible for public use. 2 . Referendum Timing - Should the City schedule a referendum for Phase 2 to coincide with this Fall's primary or general election. A third option would be to schedule the referendum in early 1995. Staff Recommendation: Schedule a referendum to coincide with this Fall's primary or general elections. The City would save money by scheduling the referendum with another election. The City would probably receive better publicity of the referendum by the press as compared to a stand alone election. 3 . Architect Selection - Should the City utilize a architectural firm that specializes in community center construction? Should the City first hire a Construction Manager (CM) to be involved in the process prior to architect selection? Should the City select a construction manager to do a design build facility? Staff Recommendation: Select a CM to do a design build project. Last year Greystone Construction was utilized by the City in a similar capacity for the Ice Arena Project. They did complete plans and bid documents for an ice arena on behalf of the City. If an ice arena is included in the community center, these plans could be easily modified to fit into an overall community center design scheme. Under the design build scenario the CM works with the City from the beginning. The CM works closely with the architect to ensure that costs are kept inline with the budget. Once the design is complete, the CM and architect prepare bid documents and solicit bids. The CM monitors project construction and prepares pay authorizations for City processing. 4 . Phase 1 Facilities - How should the City go about determining what should be included in Phase 1? Should the City create a citizens advisory committee? Should the City utilize the Park and Recreation Advisory Board and direct them to set up meetings with various community groups to discuss Phase 1 facilities and develop a plan. Staff Recommendation: Utilize the Park Board to recommend the facilities to be included in Phase I and II. This could be fairly time consuming process and Council already has a full plate. The Park Board could meet on a more frequent basis holding several hearings to solicit community input. A recommendation could be forwarded to Council with 45 days. I would like Council to provide direction to staff with respect to each of the aforementioned issues. ALTERNATIVES: 1. Provide direction to staff with respect to the issues identified herein. 2 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Provide direction to staff with respect to the issues described herein. I MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: County State Aid Highway 15 Cost Participation Agreement with Scott County DATE: April 27, 1994 INTRODUCTION: Attached is Resolution No. 3984 which authorizes the execution of an agreement with Scott County for cost participation on County State Aid Highway (CSAH) 15. This item was tabled on April 12, 1994 to allow the County Highway Engineer time to revise the City's amount due to Federal funding being available. BACKGROUND: In accordance with the Scott County Cost Participation Policy, the County submitted Cooperative Construction Agreement to the City for execution on April 12, 1994. The agreement indicated that the City's cost of this project was estimated at $148,836.97. The City Council tabled any action on this issue because the County Highway Engineer was going to research the availability of Federal funds to reduce the City's cost. The County has done that and submitted a revised cost estimate to the City of$82,600.20 (See Exhibit A). Approximately $78,945.12 is eligible for Federal funding. Attached is Resolution No. 3984 which authorizes the execution of the Cost Participation Agreement using the revised Exhibit A. Based on the City Council's recent adoption of an Assessment Policy for joint City-County projects, the only portion of this project that will be assessed is the curb and gutter costs. The total City costs for curb and gutter is $19,975.50 plus 8% preliminary engineering costs and 5% construction engineering for a total of$22,572.00. Of this amount, the County is now indicating that Federal funding will pay for $10,681.20 of the curb and gutter, leaving approximately $12,000.00 unfunded. If the City Council would like to apply the new Assessment Policy to County roads, attached is Resolution No. 3999 which sets the date for the public hearing for June 7, 1994. Staff would like to point out that the amount of curb that will actually be assessed is quite low and it may not be worth the time and effort to go through the process, even though the Assessment Policy allows it. Basically, between 12th Avenue and 11th Avenue,the west side is double fronting lots and would not be assessed. The east side is Lions Park and will be the City's cost irregardless. Between 11th Avenue and 10th Avenue, the east side is fronted entirely by the Shakopee School District and there may some basis for not assessing another public entity. The west side consists entirely of a church, which is also surrounded by three local streets. The Assessment Policy obviously does not cover parcels entirely surrounded by streets, but there may be some basis for not assessing the County Road side of the church property, the same as double fronted lots. The last segment between 10th Avenue and 6th Avenue contains single family homes on the west side and the Women's Correctional Facility on the east side. Assuming that this entire segment were to be assessed for curb and gutter and not crediting the assessment for any Federal funding, would result in a total assessment of about $6,600.00 for this segment, which would be the total amount assessed for the County project. If the Council wishes to assess any of this project, attached is Resolution No. 3999, which sets the date of the public hearing for June 7, 1994. ACTION REQUESTED: 1. Offer Resolution No. 3984, A Resolution Authorizing the Execution of Cooperative Agreement No. 15-9402 with Scott County Covering the City's Cost Participation on County State Aid Highway 15 Between 13th Avenue and 6th Avenue, SP 70-615-06, SAP 70-615-07, SAP 166-020-06 and move its adoption. 2. Offer Resolution No. 3999, A Resolution Calling a Hearing on an Improvement to County State Aid Highway 15 (Adams Street), Between 13th Avenue and 6th Avenue, Project No. 1994-10 and move its adoption. DEH/pmp MEM3984 RESOLUTION NO. 3984 A Resolution Authorizing The Execution Of Cooperative Agreement No. 15-9402 With Scott County Covering The City's Cost Participation On County State Aid Highway 15 Between 13th Avenue And 6th Avenue SP 70-615-06, SAP 70-615-07 And SAP 166-020-06 WHEREAS, Scott County has a Cost Participation Policy covering the City's cost participation on all County projects within the City of Shakopee; and WHEREAS, Scott County has estimated that the City's cost of the County State Aid Highway 15 Project is estimated at $82,600.20 in accordance with that policy; and WHEREAS, Scott County has prepared Agreement No. 15-9402 outlining the City's cost participation in this project. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: that the appropriate City officials are hereby authorized to execute Cooperative Agreement No. 15-9402 with Scott County regarding the City's cost on the County State Aid Highway 15 Project. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney RESOLUTION NO. 3999 A Resolution Calling A Hearing On An Improvement To County State Aid Highway 15 (Adams Street), Between 13th Avenue And 6th Avenue Project No. 1994-10 WHEREAS, a cost participation agreement has been prepared by the Scott County Highway Engineer outlining the City's cost participation on the County State Aid Highway's Project in accordance with the Scott County Cost Participation Agreement; and WHEREAS,the City Council of Shakopee desires to assess part of the City's cost for this project. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That the Council will consider the improvement of County State Aid Highway 15 (Adams Street), between 13th Avenue and 6th Avenue by addition of curb & gutter and assess the 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$22,572.00. 2. A public hearing shall be held on such proposed improvements on the 7th day of June, 1994, at 7:30 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 1994-10 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney Agreement No. 15-102 State Project No. 70-615-06 State Aid Project No. 70-615-07 State Aid Project No. 166-020-06 CSAH 15 City of Shakopee County of Scott CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT, Made and entered into this day of , 19_, by and between the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Shakopee, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, The County and the City have been negotiating to bring about the improvements of County State Aid Highway 15 from approximately 791 feet south of 12th Avenue to 6th Avenue (TH 300) (Engineer's Stations 4+00 to 41+45) as shown on the County Engineer's plans for County Projects SP 70-615-06, SAP 70-615-07 and SAP 166-020-06, which improvements contemplate and include grading, aggregate base, plant mixed bituminous pavement, concrete curb and gutter, storm sewer, sidewalk, landscaping and other related improvements; and WHEREAS, The above described project lies within the corporate limits of the City, and WHEREAS,The County Engineer has heretofore prepared an engineer's estimate of quantities and unit prices of material and labor for the above described project and an estimate of the total cost for contract work in the sum of Six Hundred Eight Thousand Six Hundred Ninety dollars and Thirty-five cents ($608,690.35). The sum of One Hundred Sixty-one Thousand Five Hundred Forty-five dollars and Thirty-two cents (S161,545.32)/1 has been determined to be the City of Shakopee's cost participation for this project. 1-e 55 el' •`� - / -rav/ni �.t 1 eement No . 15-9402 A copy of said estimate (marked Exhibit"A") is attached hereto and by this reference made a part hereof; and WHEREAS, It is contemplated that said work be carried out by the parties hereto under the provisions of M.S. Sec. 162.17, Subd. 1. NOW, THEREFORE, IT IS HEREBY AGREED: The County or its agents will advertise for bids for the work and construction of the aforesaid Project Nos. SP 70-615-06, SAP 70-615-07 and SAP 166-020-06, receive and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law in such case provided for counties. The contract is in form and includes the plans and specifications prepared by the County or its agents, which said plans and specifications are by this reference made a part hereof. I I The County or its agent shall administer the contract and inspect the construction of the contract work contemplated herewith. The City Engineer shall cooperate with the County Engineer and his staff at their request to the extent necessary, but shall have no other responsibility for the supervision of the work. III The City shall reimburse the County for its share in the construction cost of the contract work for said project and the total final contract construction cost shall be apportioned as set forth in the Division of Cost Summary in said Exhibit "A" attached hereto. It is further agreed that the Engineer's Estimate referred to on Page 1 of this agreement is an estimate of the construction cost for the contract work on said project and that the unit prices set forth in the contract with the successful bidder and the final quantities as measured by the Engineer shall govern in computing the total final contract construction cost for apportioning the cost of said project according to the provisions of this paragraph. A cement No . 15-9402 IV In addition to payment of the City's proportionate share of the contract construction cost, the County and the City further agree to participate in the Preliminary Engineering, which includes all costs of planning, design and preparation of plans and specifications, in an amount of eight percent (8%) of the cost of construction. The County and City further agree to participate in the construction engineering, which includes the complete staking, inspection and supervision of the construction, in an amount of five percent (5%) of the final contract amount. Participation of engineering costs by the City shall be the same percentage as the total construction participation. The cost of the items in which the County shall participate shall be based on the unit prices in the contract and the final construction quantities as determined by the Project Engineer in charge. The County and the City shall participate in the cost of the storm sewer construction as per recommendation of the Hydraulics Engineer of the Minnesota Department of Transportation and the Scott County Highway Department's proposed "Policies for Cost Participation with Municipalities." V The City shall, based on the contract price, deposit with the Scott County Treasurer ninety percent (90%) of the estimated City's share of the construction and engineering costs as partial payment within thirty (30) days after award of contract and execution of this Agreement, whichever is later. The remaining amount of the City's share of construction and engineering costs of this project shall be paid to the County upon completion of the project and submittal to the City of the County's final. itemized. statement of the project costs. In the event the partial payment exceeds the City's share of these final costs, such overpayment shall be returned to the City by the County. VI The County Engineer shall prepare monthly progress reports as provided in the specifications. A copy of these reports shall be furnished to the City upon request. 3 A_,._eement No . 15-9402 VII All records kept by the City and the County with respect to this project shall be subject to examination by the representatives of each party hereto. All data collected, created, received, maintained or disseminated for any purpose by the activities of the County or City pursuant to this Contract shall be governed by Minnesota Statutes Chapter 13, as amended, and the Minnesota Rules implementing such Act now in force or hereafter adopted. VIII The County reserves the right not to issue any permits for a period of five (5) years after completion of the project for any service cuts in the roadway surfacing of the County Highway included in this project for any installation of underground utilities which would be considered as new work; service cuts shall be allowed for the maintenance and repair of any existing underground utilities. IX The City shall, at its own expense, remove and replace all City owned signs that are within the construction limits of this project. X Upon completion of this project, the County, at its expense, shall place the necessary signs and the City, at its expense, shall provide the enforcement for the prohibition of on-street parking on that portion of County State Aid Highway 15 constructed under this project. No modification of the above parking restrictions shall be made without first obtaining a resolution from the County Board of Commissioners permitting said modification. XI Neither the County, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance. restoration, repair or replacement work by the City, A, gement No . 15-9402 or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the City, its officers, agents or employees. XII It is further agreed that neither the City, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the County for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the County, or arising out of the negligence of any contractor under any contract let by the County for the performance of said work; and the County agrees to defend, save and keep said City, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the County, its officers, agents or employees. XIII It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. XIV It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees, agents or independent contractors of the County. and that any and all claims that may or might arise A_ .eement No. 15-9402 under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said City employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the City shall in no way be the obligation or responsibility of the County. Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees, agents or independent contractors of the City, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said County employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the County and shall in no way be the obligation or responsibility of the City. XV The provisions of M.S. 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Scott County shall be considered a part of this agreement as though fully set forth herein. Agreement No. 1 ,02 State Project No. 70-615-06 State Aid Project No. 70-615-07 State Aid Project No. 166-020-06 CSAH 15 IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written, CITY OF SHAKOPEE By Mayor (SEAL) Date And City Administrator Date And City Clerk Date COUNTY OF SCOTT ATTEST: By By County Administrator Chairman of Its County Board Date Date Upon proper execution, this agreement will be legally valid and binding. 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" ' ` 0 R ; ) ) i ! ,0V7i . 2 § 2 \ - 8g ' \ 7 ! ) . . • , I , 811 . 82m ■ § I O 0 § ; 197 Yit8i § ! ■ k '5g W 343T : 88 o§ | b - � 11 _ )§ k § , ` , 1 } m I‘ 8TgE ` I.: 5 . . , . . . � � 8888 § § § § § § § § R§ § ? . 0 8888888 8 8 888 8888 = • >( . / ; , - $ - .. . ii § § ! \ ] k $ g , ; § q { : m , ai , g § § g § g A ) : 4g0 § , 18k8A8s8 8 8 888 88888 § 88'88888 8 8 888 8882 - Fie / 8888888 8 8 888 88888 ° o } k§ §. 880 - . ie § 2;;1u : § § §k ■aka 88/ ! CONSENT 6,4,, MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Application for Wine License Stonebrooke of Shakopee, Inc. DATE: April 25, 1994 INTRODUCTION AND BACKGROUND: The City has received an application for a Wine License from Stonebrooke of Shakopee, Inc. , located at 2693 County Road 79. The city code permits the issuance of a wine license to a restaurant or to a bed and breakfast facility. The club house does have accommodations in compliance with the definition of a restaurant. The application for a wine license is in order and the required certificate of insurance has been submitted. There are no delinquent taxes. The police department has conducted the customary background investigation which has disclosed nothing to prohibit issuance of the license as requested. ALTERNATIVES: 1. Grant a license 2 . Deny a license 3 . Table application for additional information RECOMMENDATION: Staff recommends granting a license, alternative #1. RECOMMENDED ACTION: Approve the application and grant a wine license to Stonebrooke of Shakopee, Inc. , 2693 County Road 79 . TO: Judy Cox, City Clerk FROM: Tom Steininger, Chief of Police SUBJECT: License Application DATE: 04-26-94 Detective Lawrence investigated the application for an On-Sale Wine license submitted by Stonebrooke of Shakopee, Incorporated. His investigation disclosed nothing to prohibit issuance this license as requested. CONSENT MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Canterbury Park Concessions , c. Liquor Licenses DATE: April 29, 1994 INTRODUCTION AND BACKGROUND: The City has received applications from Canterbury Park Concessions Inc. for an on sale liquor license, a Sunday liquor license and an off sale liquor license for the racetrack located at 1100 Canterbury Road. The applicant does have accommodations in compliance with the definition of a restaurant to allow the issuance of a Sunday liquor license. There is an on sale liquor license available to the racetrack, by state statute, which is in addition to the number of licenses available to the City of Shakopee as a City of the 3rd class. The applications for the liquor licenses are in order. There are no delinquent taxes. The police department has conducted the customary background investigation which has disclosed nothing to prohibit issuance of the licenses as requested. The certificate of insurance is being delivered to me today. Assuming that it is in order, City Council may approve the issuance of the requested licenses. (I will advise City Council on Tuesday, if the insurance requirements have not been met. ) ALTERNATIVES: 1. Grant the requested licenses 2 . Deny the requested licenses 3 . Table applications for additional information RECOMMENDATION: Staff recommends granting the licenses, alternative #1. RECOMMENDED ACTION: Approve the applications and grant on sale liquor, Sunday on sale liquor and off sale liquor licenses to Canterbury Park Concessions, Inc. , 1100 Canterbury Road. CONSENT / 5 /A, MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Century Plaza Square 4th Addition Letter of Credit DATE: April 19, 1994 INTRODUCTION: The letter of credit on file with the City insuring construction of the sidewalk along the northerly property line of Lot 1, Block 1, Century Plaza Square 4th Addition expires on June 11, 1994. The sidewalk has not been installed. Does City Council wish the letter of credit to be renewed or be allowed to expire. BACKGROUND: On February 16, 1993 City Council approved the final plat of Century Plaza Square 4th Addition with a requirement that a five foot sidewalk be constructed along the north side of Lot 1, Block 1 (now occupied by Snyder Drug) . The requirement is a part of the recorded developers agreement to be constructed by the developer. The developer has provided the City with a letter of credit to insure its construction. The letter of credit expires on June 11, 1994 . On March 30, 1993 a public hearing was held on 1993 street reconstruction projects. Sidewalks were ordered for both Spencer and 4th Avenue (collector streets) . Staff was directed not to assess for new sidewalks and to prepare any appropriate amendment to the assessment policy. On May 18, 1993 the current assessment policy was amended to provide that "New sidewalks installed adjacent to collector or arterial streets will not be assessed. " On November 3 , 1993 after the public hearing on the proposed assessments for the 1993 sidewalk replacement program, City Council directed staff to review the proposed assessments and remove the assessments for sidewalks on collector streets. City Council also directed staff to review the assessment policy with respect to the sidewalks located on collector streets and apply the same standards for repairs on collector streets as for newly constructed streets. On December 7, 1993 , City Council discussed the proposed installation of sidewalks along Marschall Road and whether or not properties under a developers agreement should be required to pay for the installation of the sidewalk. This discussion was prompted because of an existing agreement where one of the affected properties had an agreement with the City to install the sidewalk and staff desired direction as to what Council would like to do in light of the recent November 3rd Council direction. After discussion, City Council directed staff to cancel the developers agreement relative to sidewalk installation along Marschall Road which sidewalk would have been paid for by the developer (Mt Olive Evangelical Lutheran Church) . On December 21, 1993 the current assessment policy was amended to provide that "Sidewalks that are replaced next to collector or arterial streets will not be assessed" consistent with the November 3rd discussions. DISCUSSION: The immediate issue involves a current developers agreement insuring construction of a sidewalk along a collector street where the City has ordered the installation of the sidewalk in conjunction with a larger construction project. Should developers continue to be bound by the original developers agreement? It appears that this decision was made on December 7th when a developers agreement was canceled for a property abutting Marschall Road. It would seem appropriate that this cancellation be extended to the property abutting 4th Avenue in the Century Plaza Square 4th Addition. The sidewalk would then be installed as part of the City project. Another issue yet to be discussed is how to handle sidewalks for new plats abutting collector streets where the City does not have immediate plans to install the sidewalk i.e. Calvary Addition. Staff is proposing to discuss this in conjunction with the updating of the subdivision ordinance. ALTERNATIVES: 1] Require renewal of the expiring letter of credit 2] Do require the renewal of the expiring letter of credit. RECOMMENDATION: Staff recommends alternative #1, allow the letter of credit to expire. The City will therefore pay for the installation of the sidewalk along 4th Avenue. RECOMMENDED ACTION: Approve the expiration of the letter of credit for the installation of a sidewalk along the north side of Lot 1, Block 1, Century Plaza Square 4th Addition and authorize the release of the developers agreement against this lot. (All other conditions of the developers agreement have been met. ) ...., s....- /3 K MEMO TO: Dennis Kraft. City Administrator FROM: Dave Hutton. Public Works Director ,' SUBJECT: National Public Works Week 4 DATE; April 26, 1994 INTRODUCTION & BACKGROUND: National Public Works Week is May 15 - 21. Staff is requesting that Mayor Laurent proclaim it Public Works Week in Shakopee to coincide with the national event. ACTION REQUESTED: Proclaim May 15 through May 24, 1994 as National Public Works Week for the City of Shakopee. CITY OF SHAKOPEE Office of the Mayor Proclamation WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewer, streets and highway, public buildings, solid waste collection and snow removal; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the quaked and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform, NOW, IHEREFORE,I, Gary Laurent, Mayor of the City of Shakopee, do hereby proclaim the week of May 15 through May 21, 1994, as "NATIONAL PUBLIC WORKS WEEK" in The City of Shakopee, and I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. Given under my hand and the Seal of the City of Shakopee this 15th day of May, 1994. Mayor of the City of Shakopee Attest: City Clerk CITY OF SHAKOPEE Office of the Mayor Proclamation WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewer, streets and highway, public buildings, solid waste collection and snow removal; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform, NOW, THEREFORE, I, Gary Laurent, Mayor of the City of Shakopee, do hereby proclaim the week of May 15 through May 21, 1994, as "NATIONAL PUBLIC WORKS WEEK" in The City of Shakopee, and I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. Given under my hand and the Seal of the City of Shakopee this 3rd day of May, 1994. Mayor of the City of Shakopee Attest: City Clerk 13 L CONSENT Attached is a print out showing the division budget status for 1994 based on data entered as of 4/28/94 . The HRA Fund is experiencing costs that will probably exceed the budget as it currently stands. Costs are related to the Stans House project and TIF studies. Included in the attached bill list is $696.98 for delinquent and current storm drainage bills for Murphy's Landing. Also there is $95. 00 for sewer pumping and $260.78 for 2 months of garbage service. Not included in the attached bill list but included in the total amount of bills shown on the agenda are the below listed subsistence reimbursements for employees. The employee (s) were away from their normal work site for a business purpose but the meal itself was not a "business purpose meal" or there was no receipt and therefore needs to be paid through payroll as taxable income. Harry Pass $6 . 00 Wally Lureen $6 . 00 Bill Eagan $7 . 00 4/28/94 CITY OF SHAKOPEE EXPENSES BY DEPARTMENT CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 00 N/A 0 0 0 0 11 MAYOR & COUNCIL 69,140 7,629 17,067 25 12 CITY ADMINISTRATOR 185,140 11,559 54,089 29 13 CITY CLERK 116,490 6,798 30,201 26 15 FINANCE 278,020 15,012 60,837 22 16 LEGAL COUNSEL 179,880 10,267 41,053 23 17 PLANNING 405,840 26,379 92,159 23 18 GENERAL GOVERNMENT BUILDINGS 114,460 8,702 34,581 30 31 POLICE 1,376,440 118,442 437,181 32 32 FIRE 865,310 23,666 52,026 6 33 INSPECTION-BLDG-PLMBG-HTG 183,350 10,237 43,419 24 41 ENGINEERING 346,590 32,402 99,146 29 42 STREET MAINTENANCE 585,050 22,136 127,747 22 44 SHOP 104,530 9,394 33,824 32 46 PARK MAINTENANCE 307,270 33,166 86,483 28 48 REFUSE COLLECTION 513,550 39,564 118,452 23 61 POOL 150,300 1,313 9,448 6 64 RECREATION 200,010 11,971 52,842 26 91 UNALLOCATED 143,960 6,411 28,790 20 TOTAL GENERAL FUND 6,125,330 395,048 1,419,345 23 17 PLANNING 360,860 24,215 88,309 24 TOTAL TRANSIT 360,860 24,215 88,309 24 12 CITY ADMINISTRATOR 64,870 6,648 36,754 57 TOTAL HRA 64,870 6,648 36,754 57 00 N/A 704,250 0 0 0 TOTAL CAPITAL EQUIP REVOLVING FUND 704,250 C 0 0 )4 a w a a a a Ili a w w Pr a a a w G H El H H H H H H H H H H H H H z 0D g 00 C Ai O a W U H in 10 N O .-I N Cn to .7 10 O .7 .7 .7 N N N N N N N > t-1 .-1 .-1 N N N N N N N Z 0 0 0 0 0 N1' ..7 0 - 0 - - 000 H 0 0 0 O 0 Q` O% 0 ON 0 ON ON 0 0 0 0 0 0 O O .-1 .-1 0 .-i 0 .-1 .-1 0 0 0 # N 0 0 N '.O 4--1 C4"1 N V1 .--1 CO CO e-1 0 0 M el in N N N N N CO CO N N N 0) .-1 H .7 0 C'•') .--1 .-r .-1 .-d .d .-i .-d .-1 .-1 en c'7 cn z 4' .-1 .7 N N N N N N N N N .7 .7 .7 A I I I I I I I I I I I I I I I 0 N .-i .-1 N N N N N N N N N .7 .7 4' U 0% 0 10 .-1 .-r rl .-r .--i H H H .-1 CO CO CO U .-1 0 .-1 0% 0% 0% 0% O. 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CO '.O .-.4 .--I CO .--1 M M in CV V> V} c'7 N V} V} VY CO 0' VY VI. 0' •-1 OT CV O 4 0 a z x w Z W d w3 Z w w 0 U 0 H 0H a 0 c4 i g H ) Z a H a Z O U V) 0 x 41 U 0 CO C,)) CO W h4 U .-1 .7 111 .-4 141 CO 0 0 0 W 0 .4 .-1 N N N .--1 c'1 .7 x 0 .-1 r-1 d .7 T r` n CO 0 .a H * * * * * 4t It It It 0 Z z z z 0 z 0 z z z o M w w w Cr. Cr.. Cr. Cr.. Cr.. CONSENT /YA) MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director A SUBJECT: Minnegasco Easement - Lions Park DATE: April 26, 1994 INTRODUCTION: Staff is requesting City Council authorization to execute the attached easement from Minnegasco regarding the transmission line in Lions Park. BACKGROUND: Currently Minnegasco has an 8" natural gas transmission line which runs through Lions Park. A portion of the transmission line will be located in the bottom of the Upper Valley Drainageway which is currently under construction. Minnegasco is proposing to relocate their transmission line out of the bottom of the ditch. In doing so, Minnegasco is proposing to release a portion of the existing easement but is requesting the City provide additional easement for the relocated gas main. The easement release documents have been reviewed and approved by the City Attorney. Attached are maps showing the existing easement and the new proposed Minnegasco easement. Staff is requesting City Council authorization to execute the easements as requested by Minnegasco. ALTERNATIVES: 1. Execute the easements. 2. Deny the request. RECOMMENDATION: Staff recommends Alternative No. 1. The City Attorney has reviewed and approved these documents. Because there is an existing gas easement and Minnegasco is simply asking to relocate, they are not proposing any compensation for this request. Staff agrees with the request. ACTION REQUESTED: Move to authorize the appropriate City officials to execute the attached easement with Minnegasco covering a transmission pipe line located along the southern boundary of Lions Park. DEH/pmp MINNEGASCO Minnegasco. A Division of Arkla,Inc. April 22 , 1994 Dave Hutton City of Shakopee 129 South Holmes Shakopee, MN. 55379 RE: Minnegasco easement #94-11 Dear Mr. Hutton: Enclosed, please find two copies of the Transmission Line Easement with the revisions sent to you by fax last Monday. If everything is in order, please arrange for one copy of the easement to be executed by the Mayor, City Clerk, and City Administrator. Retain the second copy for your records. Upon receipt of the easement, I will have it executed by a Vice President of Minnegasco and Assistant Corporate Secretary of Arkla, Inc. , together with the Release of Easement to release the easement that now exists over the property. I will then record both documents with the Scott County Recorder with the new easement filed immediately subsequent to the release. Thank you for your help and if you have any additional questions please call me at 342-5381 . Sincerely, Steven Von Bargen Real Estate Specialist Minnegasco cc: R. J. Pilon, Minnegasco 700 West Linden Avenue P.O.Box 1165 Minneapolis,MN 55440-1165 Mrnnegasco. A Division of Arkla,Inc. March 22 , 1994 Ray Ruuska Engineering Coordinator City of Shakopee 129 South Holmes Shakopee, MIN 55379 RE: Proposed Minnegasco easement #94-11 Dear Mr. Ruuska: With reference to the new drainage ditch under construction to the East of County Road 15, Minnegasco intends to relocate the existing 8 inch natural gas transmission line as shown on the enclosed main job. To accommodate this relocation, I have enclosed two copies of the Transmission Line Easement Minnegasco is proposing over property owned by the City of Shakopee. I have highlighted on copies of the Minnesota Highway Plat 70-2, the area of the existing easement to be released, and the area of the new proposed easement. If everything is in order, please arrange for one copy of the easement to be executed by the Mayor, City Clerk, and City Administrator. The signature block is exactly as was done when the City of Shakopee transferred Parcel 48 on Plat 70-2 to the State of Minnesota last month. Upon receipt of the easement, I will have it executed by a Vice President of Minnegasco and Assistant Corporate Secretary of Arkla, Inc. , together with the Release of Easement (copy enclosed for reference) to release the easement that now exists over the property. I will then record both documents with the Scott County Recorder with the new easement filed immediately subsequent to the release. Please call me at your earliest convenience to discuss the easement . My telephone number is 342-5381. Sincerely, cti l/ Steven Von Bargen Real Estate Specialist Minnegasco cc: R. J. Pilon, Minnegasco 700 West Linden Avenue P.O.Box 1165 Minneapolis,MN 55440-1165 IIii2 ; CAI SOUARTT'ERu11�RT 4/ • N 40 --------- ��.. — — 261 1.67 94.49'37 �--'____t — 1 3S EASEMENT J \ \\ A I 25 k R SLITITERN GAS.UTIESiNC. 30' F rn t% .71 I 2O CITY 1 4°° .3 i 10 N tt f r_ l�T I/ — W :.".1 2S' T.E.,PARA°) / ' S1 rn ii OF SHAKOPEE 1 / >S1�— F / %. / 2S' T.E. AI % / ej. �i $ `/-/J T�J r �y /e 7 .i / Aso 111 Ae 2S T.E. %fIrMIKMT ckC't' i (PAR.41) co — SO- MIN EGASCO • 1 1 iW ! 4 — iW1 4 07:2 ,11),1 .N Oto 1 fIS AtSSEtT10M IMI/T Iy ^' yyNROStOUT .. \ v 2.`ll.0iss.•S DATUN• NAD IT >SIA /NOP111/11111/11 TN IINE SEC.1 3 J /TIE Y I OUST T' I - • — / IrACTES OUIREO ANO 1 II T 12 12 ; ARTTF TSOUARN CO RT M 40 �__ - - 2611.62 9.°i,. 37 ________ ..-r_________t - 111 35 EASEMENT 3 • k a4SIEMI GAS 2S UT ItiTIES. 11+C. ., ' 30 (4\ \tc r,%- 70 CITY • 4 00 i 3 _ 10 �'�Y1 ;. �1 - " W ;. t 2S T.E.tPAR.•°) �� sl i! / `)SIA 25 t.E.i; o N i / 8g. / .:ci = e 10r7�I P��::c u v / /eso ea -25 T.E. - -�.. %1EIMWIENT 'acF.S' / 0►AR.1°1 (X N �. 50 MINNEGASC0 S • S W I ;4 - SW ;/4 .r. I.4 eiN „„ ,s,64.41 ii.;# 0% :� X t. itsorooNMMiT 1` M .STSOUTN \,\ 0 Ire Nil:IP:ill — DATUM• NAD 2T ) „....---------------- S1A 11/11UST. /N0TH LIME SEC.1 3-• PKV 1 O 1\...; • ACQuI IIE0 �.,, .erre Afn 94-11 Abstract TRANSMISSION LINE EASEMENT THIS AGREEMENT made , 19_, by and between the City of Shakopee, 129 South Holmes Street, Shakopee, Minnesota, 55379, a municipal corporation under the laws of the State of Minnesota, ("GRANTOR"), and Minnegasco, a division of Arkla, Inc., 201 South 7th Street, Minneapolis, Minnesota, 55402 a Delaware corporation, ("GRANTEE"). 1. GRANTOR, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to GRANTOR from GRANTEE, receipt of which is acknowledged, grants to GRANTEE, its successors and assigns, forever, a perpetual easement at all times to lay, construct, inspect, protect, operate, maintain, alter, abandon, relocate, replace, substitute and remove gas transmission or distribution pipelines or pipeline facilities ("gas facilities") and appurtenances thereto in, under and upon the following described property ("property") in the City of Shakopee, County of Scott, State of Minnesota: The easement is described as that part of the Northwest Quarter of the Southwest Quarter (NW 1/4 of the SW 1/4) of Section 12, Township 115, Range 23, described as follows: The South 50 feet, measured at right angles, of said NW 1/4 of the SW 1/4, EXCEPT that part described as Parcel 48 on Minnesota Department of Transportation Right of Way Plat Number 70-2, recorded as document number 303445, Scott County, Minnesota. ("Premises") This grant of an easement shall include the right of GRANTEE to ingress and egress to and from GRANTOR's (or its successors and assigns) property for the purpose of excavating, laying, constructing, inspecting, protecting, operating, maintaining, altering, relocating, repairing, replacing, substituting and removing the property of GRANTEE, together with the privilege of temporarily placing tools, equipment, material and dirt on 1 a strip of land 15' wide abutting the premises for the above listed purposes during installation or maintenance of the facilities. GRANTEE also shall have the right to place signs and markers on the Premises as required by law to protect the interest of the public or property owner or to notify them of GRANTEE's easement, or gas facilities. 2. GRANTOR promises and warrants that it has legal and fee title to the above described premises and has the right, without title restriction, to execute and deliver this instrument. 3. GRANTOR agrees that it will not interfere with GRANTEE's operation of its gas facilities or GRANTEE'S easement rights. GRANTEE may remove any encroachments of GRANTOR on GRANTEE's easement and GRANTOR will be responsible for bearing the cost of any such removal. GRANTOR further agrees that it will comply with GRANTEE's requirements for Construction and/or Encroachment Within Gas Pipeline Easements attached as Exhibit A and incorporated by reference. GRANTOR also agrees that other future utilities shall not be located within the easement without the advance written consent of GRANTEE, which consent shall not be unreasonably withheld. 4. GRANTOR will not perform or undertake any activity which could damage or restrict the use of GRANTEE's gas facilities in the easement. 5. GRANTEE agrees to construct the gas facilities to meet or exceed all applicable codes and ordinances. GRANTEE shall at all times exercise due care and diligence to avoid injury or damage to buildings, and other personal property of the GRANTOR, and the GRANTEE shall indemnify the GRANTOR from any damage or loss arising or occurring to such property solely by reason of the operation, maintenance, relocation, replacement, substitution or removal of said gas facilities. 6. In the event that use of the gas facilities is at any time discontinued by GRANTEE, GRANTEE shall have the right, but not the duty, to enter upon the 2 Premises and remove all or any portion of the gas facilities and appurtenances which have been placed on the premises by GRANTEE. 7. The terms and provisions of this instrument shall run with the land and shall extend to and be binding upon GRANTOR, GRANTOR's heirs, legal representatives, successors, and assigns. 3 GRANTOR(s) By Its Mayor And Its Clerk By Its City Administrator STATE OF MINNESOTA ) ) ss COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 19 , by and and , the Mayor, Clerk, and City Administrator of the City of Shakopee, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. Notary Public 4 ATTESTATION ARKLA, INC. By: Its: Assistant Corporate Secretary (CORPORATE SEAL) GRANTEE Minnegasco, a division of Arkla, Inc. By: Its: Vice President • STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 19 , by , Vice President of Minnegasco, a division of Arkla, Inc., a Delaware corporation, on behalf of the corporation. Notary Public ATTENTION COUNTY RECORDER Please mail this document subsequent tc recording to: Steve Von Bargee Real Esta=e Minnegascc, Inc. F.O. Box 1155 THIS INSTRUMENT WAS DRAFTED BY MINNEGASCO, Minneapolis, MN 55440-1155 A DIVISION OF ARKLA, INC. 201 South Seventh Street. Minneapolis, Minnesota 55402 5 Exhibit A MINNEC SCO, A DIVISION REQUIREMENT FOR CONSTRUCTION AND`lbR ENCROACHMENT WITHIN GAS PIPELINE EASEMENTS The following guidelines are general requirements only. Minnegasco may inspect the area and review construction plans. Final construction plans must be approved by Minnegasco before any construction is begun within Minneoasco's easement. 1. Soil shall not be removed or placed in a manner that will result in earth or pavement cover over the pipeline of less than three feet or more than five feet. A level area of not less than six feet on each side of the pipeline shall be maintained at all times. Slope beyond 6' from the pipeline shall not be steeper than 4 to 1, unless otherwise agreed. Any amount of cut or fill, within the 4 to 1 slope area, shall increase the width of the level area on each side of the pipeline by that same amount of cut or fill. The pipeline must be fully accessible at all times during and after the construction. 2. Landscaping over and within ten feet on each side of the pipeline is restricted to normal ground cover vegetation. Beyond ten feet on each side of the pipeline, upright plantings are restricted to (and shall not exceed) six feet in height. No trees shall be planted or remain within the easement. Any trees, removed within the easement while performing maintenance activities shall not be replaced by Minnegasco or owner. 3. Any buried utility line installed across the inplace pipeline shall be placed with no less than one foot of vertical separation (Federal Regulation), padded with well compacted soil (preferably granular material) and cross at an angle less than 45°, from normal to the pipeline. 4. With prior Minnegasco approval, parking lots, perpendicular driveways or roadways of portland cement concrete or asphaltic concrete (or similar materials) may be placed within the easement, but shall be reasonably limited in width when crossing the easement to minimize the interference with or access to the pipeline for inspection and maintenance. Permanent structures, including, but not limited to, buildings, signs, screen walls, decks, tennis courts, and swimming pools are not allowed under any circumstances within the easement. Installations such as retaining walls and fences that may restrict longitudinal access require approval by Minnegasco before construction. All fences must have a 10 foot wide gate centered over the pipeline. 5. Once Minnegasco and the Owner, Developer or Contractor have reached an agreement, Minnegasco shall be given at least two working days advance notice of planned construction activity so arrangements can be made for Minnegasco Personnel to monitor the construction. Minnegasco will locate and stake the pipeline, but will not assume responsibility to expose or backfill the pipeline or to determine the actual elevation of the inplace pipeline. Excavation to expose the pipeline shall be parallel to the pipeline. Minnegasco Personnel must be present during this excavation. 6. Any subsequent damage or destruction caused by Minnegasco in the exercise of its easements rights, of any and all of those certain foreign constructions (landscaping, driveway, roadway, utility lines, etc.) which may be permitted within the easement area, will be permanently repaired or replaced at the owner's or contractor's (not Minnegasco's) expense. 7. In accordance with Federal Department of Transportation Codes, Minnegasco must place markers over the transmission line. These markers will always be placed behind both sides of the curb or behind the driven roadway. All markers placed by Minnegasco will not be removed. If you have any questions call: Richard J. Pilon, Engineering Services - 342-5426. Dated: November 23, 1993 6 RELEASE OF PIPELINE EASEMENT 887-2-40 872 ao Minnegasco, a division of Arkla, Inc. ("Minnegasco"), 201 South 7th Street, Minneapolis, Minnesota 55402, a Delaware Corporation has succeeded to and is now the owner of the natural gas distribution facilities, pipelines, pipeline easements and appurtenances thereto located in the City of Shakopee, Scott County, State of Minnesota that were formerly held by Northern Natural Gas Company. Among the property and property rights owned by Minnegasco is a pipeline easement recorded on September 27, 1974, as document number 142596 in the Office of the County Recorder of Scott County, which was previously held in the name of Northern Natural Gas Company, the original grantee of this easement which was subsequently assigned to Minnegasco by Quit Claim Deed recorded August 24, 1987 as document number 238032. The property subject to this easement is described as: The Northwest Quarter of the Southwest Quarter (NW 1/4 SW 1/4) of Section 12, Township 115 North, Range 23 West, more particularly described as follows: Beginning at a point on the West line of Section 12, 1402 feet North of the Southwest corner; thence South 88° 35' East, 556 feet; thence South 70° 20' East, 238 feet; thence South 87° 29' East, 564 feet to a point ending on the East line of the NW 1/4 of SW 1/4 of Section 12, being 1349 feet North of the South line of Section 12. All in Section 12-T115N-R23W, Scott County, Minnesota. Minnegasco no longer requires all of its easement rights on the property described above. 1 NOW THEREFORE: Minnegasco releases and relinquishes to the present owner of the above property, its successors and assigns, and disclaims any right, title or interest arising from the easement described above. This release is not intended to apply to any property not specifically referred to above. 2 • • , 19 ATTESTATION ARKLA, INC. By: Its: Assistant Corporate Secretary (CORPORATE SEAL) GRANTOR Minnegasco, a division of Arkla, Inc. By: Its: Vice President STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 19 , by , Vice President of Minnegasco, a division of Arkla, Inc., a Delaware corporation, on behalf of the corporation. Notary Public ATTENTION COUNTY RECORDER Please mail this document subsequent to recording to: Steve Von Barger. Real Estate Minnegasco, Inc. P.O. Box :165 Minneapolis, MN =:440-:: 5 THIS INSTRUMENT WAS DRAFTED BY MINNEGASCO, A DIVISION OF ARKLA, INC. 201 South Seventh Street, Minneapolis, Minnesota 55402 3 CONSENT /3N MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: County State Aid Highway 15 - Temporary Construction Easement DATE: April 26, 1994 INTRODUCTION: Staff has received a request from the Scott County Highway Department for a temporary construction easement within Lions Park associated with the County Road 15 Reconstruction Project. BACKGROUND: Scott County has submitted a request to the City to grant them a temporary construction easement along Lions Park as part of the County Road 15 Reconstruction Project. The temporary easement would expire on December 31, 1995. The County is offering compensation for this temporary slope easement of$8,200.00. Staff is requesting City Council authorization to execute the easement documents. ALTERNATIVES: 1. Accept the County's offer and direct staff to execute the easement documents. 2. Reject the offer and direct staff to negotiate a higher price. 3. Deny the request. RECOMMENDATION: Staff recommends Alternative No. 1, to accept the County's offer and to direct staff to execute the easement documents. ACTION REQUESTED: Move to direct the appropriate City officials to execute the temporary slope easement documents for the City owned Lions Park along County Road 15 for a sum of $8,200.00 and submit the easement to the Scott County Highway Department. DEH/pmp LIONS SCOTT COUNTY BRADLEY J.LARSON l� V V 1 Highway Engineer HIGHWAY DEPARTMENT DANIELM.JOBE 600 COUNTRY TRAIL EAST Design Engineer JORDAN, MN 55352-9339 DON D.PAULSON (612) 496-8346 FAX (612) 496-8365 Construction Engineer Anril 12, 1994 City of Shakopee 129 Holmes St S Shakopee, MN 55379 Re : SAP 70-615-06 Parcel Nos . 3 The County of Scott hereby submits to you an offer of $8, 200 . 00 , which amount is its appraised fair market value of the . above referenced property (see enclosed property description) . Any changes in the market value of the property caused by the proposed highway improvements have not been considered. A summary of the basis for this offer, including a statement-of-rights to be acquired, is attached. You will be contacted shortly tc review this offer and the project . If you feel our offer does not refect market value, you may wish to secure your own appraisal . Minnesota law provides for reimbursement to owners, by the acquiring agency, for the actual cost of an appraisal, in an amount not to exceed $500 . Reimbursement cannot be made, however, until your property has been acquired. If you decide to accept the County' s offer, the property will be acquired by easement and you will be paid upon satisfactory evidence of merchantable title . The payment will be issued to all those who have an interest in the property. If we are unable to negotiate a purchase, your property may be acquired through eminent domain proceedings . This letter is furnished to inform you generally as to procedures and your rights in this acquisition. If you have any questions , please contact Don Fehr, Right-of-Way Agent, at 496-8346 . It is respectfully requested that you acknowledge receipt hereof by signing the attached copy in the space provided and returning it to our office . Signing this acknowledgment does not in any way commit you to an acceptance of the offer. Receipt is acknowledged of the original of this letter, the , I legal description of the property, \: ` el% and of the summary offer. 3radley rson, P.E. Date : County High -y Engineer Name : AnAncftl ai$ IYi/ A64Atiqa# er • UNCOMPLICATED ACQUISITION APPRAISAL S.P. Scott County 70-615-06 Zoning: Residential Parcel No. 3 Present Use: City Park Owner: City of Shakopee Highest and Best Use: Property Address: Cty. Rd. 15 & 12th Av. Before: Residential Shakopee, MN 55379 After: Residential (Unit and land value is supported by: land value in the appraisal of Parcel No. , Project Comparable Sales Book X , as Comparable Sales No. , comparable sales attached hereto ). Estimate of Fee Value: $2.50 per square foot Temporary Easement .494 acres or 21,518 square feet @ 15% for 1-1/2 years or $.38 per square foot = $8,176.84 IMPROVEMENTS TO BE ACQUIRED Description of Improvement Value TOTAL DAMAGES TO REMAINDER Description of Damaged Items Value Total Estimated Fair Market Value of Acquisition and Remainder Damage: Rounded to $8,200.00 Appraiser: - �L 47, Date of Signature: Apri 7, 1994 TEMPORARY SLOPE EASEMENT 70-615-06 PARCEL 3 CITY OF SHAKOPEE A STRIP OF LAND CONTAINING 0.494 ACRES WITH A MAXIMUM WIDTH OF 90 FEET LYING EAST OF AND ADJACENT TO THE EAST 40 .00 FOOT RIGHT-OF-WAY LINE OF COUNTY STATE AID HIGHWAY 15 . • TEMPORARY SLOPE EASEMENT SP 70-615-06 PARCEL 3 CITY OF SHAKOPEE Grantor (s) of Scott County, Minnesota, for and in consideration of fr{T %Hc'asAAIP Two thuE•►OP D A- Jo 00/g0o- Dollars ($ 24200C29 ) , hereby grant (s) and permit (s) the COUNTY OF SCOTT, grantee, for highway purposes, the right to construct slopes, cuts and fills over the following described real estate in the County of Scott in the State of Minnesota : A STRIP OF LAND CONTAINING 0.494 ACRES WITH A MAXIMUM WIDTH OF 90 FEET LYING EAST OF AND ADJACENT TO THE EAST 40.00 FOOT RIGHT-OF-WAY LINE OF COUNTY STATE AID HIGHWAY 15. SEE ATTACHED It is agreed, and the right is hereby granted, that all earth or other material necessarily excavated, removed or taken from said premises in the construction of said slope shall become the property of said SCOTT COUNTY. And the Grantor (s) , for themselves , their successors and assigns, do (es) hereby release SCOTT COUNTY, its officers and agents from any and all liability and claims therefore concerning said premises that result or may result therefrom by virtue of the construction of said slope and all work in connection therewith. Said temporary slope easement to expire co-terminus with road project, said vermination to be not later than December 31 , 1995 Dated this day of , 19 SIGNED: THIS INSTRUMENT DRAFTED BY: Scott County Highway Dept . -ordan, MN 55352 STATE OF MINNESOTA, }ss. County of } On this day of , 19 , before me personally appeared to me known to be the person described in and who executed the foregoing instrument, and acknowledged that executed the same as free act and deed. • U) >- a W z o- CD _ a o � � z 1 w O) w 0 < w a w a PI 1 I1 Ds� Z I o- rg< N II A 1 'A 1 TI I =� w., I 2 I I I O0m I m 1 -I I I z I I I � I r>2) *1A 03- 02y I 1 I I pOZ N � 3vq I I I I OC i mZ' cn-4 I i " 71mo,1 r- 6.m t I �K� liC S- . I 9;D ZZ 2�' t1 O rD'100 3oD w*1 I n. I I za—,rol -1zy ji W D r*I I j I i I O 1 i ;y+ -'ri N Q• )_ r�, I I I I p A m m it 7. -nmN'. cn' y m (n Q): I • L,' -ri I— z N0 I N A? m r SII F4 I I I II m p II c 1 ` c I I 73 D � 0 rn mr MN/DOT-138.00.00__L • -- - E D1 TEMPORARY CONSTRUCTION m SCOTT C0.-8+32.04 ` t I r t3EG. PERMANENT CONSTRUCTION Z — 958 _/�� I EG CANC. 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Zn_ I D2r I -1 D liI xCx 307. ... xw IO I m W mo ` I a - Z , +31.01 --- • Co 2 a i-,' .CJ�.._.__... 9 D N [ N I Z a 0 N Z 4,..s.,,, -O -t ___ ♦08.01 m 23 � IiXI :,A Ai fA _ +85.01 -- '.07----- ©7 �_ \ - 8 11 Z 1 4 a r aao U I $ _en m \ nCo W• m r (44 y. �, n _ 21.47.33 -�- \ 0 p 1'Sp a,$'v ar 21.54.33 m S4 c '� gl1.- a ( _ x66.01 Z--- 0• O -4z F,yT 1I 57'- o \II , - 1 1—� 6..N. 1_ on I Ao Nl"l1• i I l V - 1-.1111 1 \ ... \ c M Sii:=4. _ ^�`A 6, ( 22-57.67 I, FYT. 0 mlut m 33- • I -,o •cs97 a iE '., \ 0 ,.._. ,, , „.3,.. N1� II a I rti. ti T. I4-4 11 9 \ `^1'T •1• 'E a \ ;T .....- i1 i€ _ I N\ mlmI . is Al ;� 1 f it i Ir a CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Labor Agreement Between the City of Shakopee and the Minnesota Teamsters Local 320 DATE: April 27, 1994 INTRODUCTION: The 1993-94 labor agreement by and between the City of Shakopee and Minnesota Teamsters Public and Law Enforcement Employees Union Local No. 320 provided for a wage reopener in 1994. BACKGROUND: The City has received an executed agreement from the bargaining agent representing the union. The union accepted the City's offer of a 3% cost of living adjustment for all employees with the exception of the Senior Accounting Clerk position classification. It would be appropriate at this time to authorize the appropriate City officials to execute said agreement accordingly. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the labor agreement by and between the City of Shakopee and Minnesota Teamsters Public and Law Enforcement Employees Union Local No. 320. 2 . Do not authorize the appropriate City officials to execute the agreement. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Authorize the appropriate City officials to execute the labor agreement by and between the City of Shakopee and Minnesota Teamsters Public and Law Enforcement Employees Union Local No. 320, Clerical and Technical Union employees. CONSENT lV MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer/2'`''1 SUBJECT: Public Works Parking Lot DATE: April 15, 1994 INTRODUCTION: Attached is Resolution No. 3997, a resolution approving plans and specifications and authorizing advertisement for bids for the Public Works Parking Lot Improvements, Project No. 1994-9. This item was tabled at the April 19, 1994 City Council meeting. BACKGROUND: The parking lot was originally constructed in 1976 in conjunction with the Public Works building. The existing parking lot consists of severely deteriorated pavement and large areas of exposed gravel surfaces. These surface conditions are prone to generating dust and erosion. There is a substantial amount of sediment due to erosion carried to 4th Avenue during rainfall events. and The City Council has taken a proactive approach ovel the last five reets in years. The has greatly reduced the number of gravel streets in urban Shakopee over Public Works/Shakopee Public Utilities Commission(SPUC)complex continues to be an eyesore, generating dust and erosion problems in urban Shakopee. A second major problem with the Public Works/SPUC parking lot is inadequate drainage. Standing water in the parking lot and around the SPUC building is common after a rainfall. This standing water tends to deteriorate the pavement at an accelerated rate due to infiltration and frost action. There is also an erosion problem care of washinghisediment The parking lot must also be down to 4th Avenue. Simply repaving the parking lot will not takeP regraded to provide adequate drainage. The proposed improvements include both regrading and paving. This will help to alleviate dust, erosion and drainage problems. The drainage system will be enhanced with the addition of storm sewer, curb and gutter, and a storm waterent p ond which sediment contaminants from the runoff water beforeto the orm sewer and ultimately, the Minnesota River. The Engineer's estimate for this project is $195,000.00, plus a 10% contingency for a total estimated cost of$214,500.00. Staff proposes to split the costs for this project 50/50 between the City and SPUC. The estimated cost for each is $107,000.00. On April 4, 1994 the Utility Commission voted to pay for 50% of the project costs, but since that action the final Engineer's estimate has increased. The Utility Commission will be reviewing their new cost participation on May 2, 1994. Since all of the engineering was done in-house, staff is not proposing to include any engineering costs in either the City or SPUC portion. The 1994 Capital Improvements Fund includes $100,000.00 for this project which will be used for the City's half of the project costs. ALTERNATIVES: 1. Adopt Resolution No. 3997. 2. Deny Resolution No. 3997. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3997, A Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids for the Public Works Parking Lot Improvements, Project No. 1994-9 and move its adoption. DMN/pmp MEM3997 RESOLUTION NO. 3997 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For The Public Works Parking Lot Improvements Project No. 1994-9 WHEREAS, David E. Hutton, Public Works Director has prepared plans and specifications for the improvement of the public works parking lot by paving. and storm sewer installation and has presented such plans and specifications to the Council for approval. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. 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IMPROVEMENTS """°" w DAN S�- ® PROJECT # 1994-9 DAMP MUTTON MO=en MA ,a• '��'� 1994-9 gar 2 or 2 Dots Rp.NA .CM A41r CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff EngineerP `' SUBJECT: Alley in Block 51, Original Shakopee Plat DATE: April 14, 1994 INTRODUCTION: Attached is Resolution No. 3992, a resolution declaring adequacy of petition and ordering the preparation of a feasibility report for paving the Alley in Block 51, Original Shakopee Plat. This memo was tabled by City Council on April 19, 1994. BACKGROUND: The City of Shakopee has received a petition to pave the alley between 3rd Avenue and 4th Avenue and Sommerville Street and Spencer Street (Block 51). The petition was signed by all adjacent property owners. The petition has been forwarded to the City Attorney for review. The current Special Assessment Policy states that paving an existing gravel alley will be 100% assessed to the block in question. The petition signed by the adjacent property owners waives their right to appeal any assessments pertaining to the alley paving. This being the case, staff recommends assessing this project 100%. ALTERNATIVES: 1. Accept the petition and adopt Resolution 3992, ordering a feasibility report. 2. Deny the petition. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3992, A Resolution Declaring Adequacy of Petition and Ordering the Preparation of a Feasibility Report for Paving the Alley in Block 51, Original Shakopee Plat and move its adoption. DEH/pmp MEM3992 RESOLUTION NO. 3992 A Resolution Declaring Adequacy Of Petition And Ordering The Preparation Of A Report For Paving The Alley In Block 51 Original Shakopee Plat BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. A certain petition requesting the improvement of the Alley in Block 51, Original Shakopee Plat by pavement, filed with the Council on April 19, 1994, is hereby declared to be signed by the required percentage of owners of property affected thereby. The declaration is made in conformity to Minnesota Statutes, Section 429.035. 2. The petition is hereby referred to the City Engineer and the City Engineer is instructed to report to the Council with convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible, and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSENT Pic MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer P SUBJECT: Initiating Vacation of Jasper Road, Between County Road 16 and Hauer Trail DATE: April 28, 1994 INTRODUCTION: The attached Resolution No. 4001 sets a public hearing date to consider the vacation of Jasper Road, between County Road 16 and Hauer Trail. DISCUSSION: City staff wishes to initiate the vacation of Jasper Road, between County Road 16 and Hauer Trail. The attached resolution sets a public hearing for June 7, 1994. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to City Council for their consideration. ACTION REQUESTED: Offer Resolution No. 4001, A Resolution Setting the Public Hearing Date to Consider the Vacation of Jasper Road, Between County Road 16 and Hauer Trail and move its adoption. DMN/pmp MEM4001 RESOLUTION NO. 4001 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF JASPER ROAD, BETWEEN COUNTY ROAD 16 AND HAUER TRAIL WHEREAS, it has been made to appear to the Shakopee City Council that Jasper Road located between County Road 16 and Hauer Trail serves no public use or interest; and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,that a hearing be held in the Council Chambers on the 7th day of June, 1994 at 7:00 P.M. or thereafter, on the matter of vacating Jasper Road, between County Road 16 and Hauer Trail. WHEREAS, two weeks published notice will be give in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day , 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSENT nicJ MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY� COUNCIL FROM: Karen Marty, City Attorney"/ DATE: April 28, 1994 RE: Reassessment of Property BACKGROUND: Last fall the City Council adopted special assessments for property abutting the alley between Market Street and Outlot A of Eastview Addition. The Menkes, who own all of the property on one side of the alley, appealed their assessment . After review, the City Council authorized settlement for a lesser amount than the original assessment . When the City Council agrees to a lower assessment, or a court orders one, a "reassessment" is required. Under Minn. Stat . Sec . 429 . 071, Subd. 2, the reassessment must follow the notice and hearing procedures utilized in the original assessment . In order to simplify and expedite the process, the Menkes have signed a Waiver of Reassessment Hearing and Appeal, which is attached to this resolution. ALTERNATIVES : 1 . Accept the waiver and adopt the reassessment . 2 . Reject the waiver and direct staff to set a public hearing reassessing the property. ACTION REQUESTED: Offer Resolution No. '1002. , a Resolution reassessing certain property, and move its adoption. [28RES] Attachment RESOLUTION NO. 4002 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, REASSESSING CERTAIN PROPERTY. WHEREAS, on November 3 , 1993, the City Council adopted Resolution No. 3890, levying special assessments against properties benefitted by the construction and improvement of the alley located between Market Street and Outlot A of Eastview Addition (Block 309, 314, and 317 of Wermerskirchen' s Addition) and Minnesota Street/Dakota Street from 7th Avenue North to the alley in a project known as Project No. 1993-5; and WHEREAS, the Menkes appealed their assessments as excessive; and WHEREAS, these assessments have been determined to be excessive; and WHEREAS, under Minn. Stat . Sec . 429 . 071, Subd. 2, reassessment requires notice and a public hearing as provided for the original assessment; and WHEREAS, the Menkes have waived the reassessment hearing and appeal, and have requested the City Council to reassess their property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the parcel of property identified in the Waiver of Reassessment Hearing and Appeal attached hereto and incorporated herein as Exhibit A is hereby reassessed at the amount underlined in said Waiver. That all other parts of Resolution No. 3890 shall continue in effect . Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994 . Mayor of the City of Shakopee Attest : City Clerk Or Approved as to form: Sec, City Attorney (28RES) EXHIBIT A WAIVER OF REASSESSMENT HEARING AND APPEAL I own property addressed as and legally described as follows : (See Attached Exhibit 1 . ) This property was the subject of improvements and special assessments under Minn. Stat . Chapter 429 . I appealed my assessments. This assessment was either determined to be excessive, and a new assessment agreed upon not to exceed $ 4`7I. co I am requesting the City Council to find that the assessment in excess of $ '7i. is excessive. I waive notice and hearing as provided for the original assessment as follows: I specifically waive the right to a public hearing prior to levying of the reassessment on my property. I further voluntarily waive all rights to appeal this reassessment under Minn. Stat . Sec. 429 . 071, Subd. 2 . I understand that by signing below I waive the right to appeal and later challenge the amount of the special assessment . Dated this c/7 day of alui.4 , 199 9;21 . -/ O� 47 Q. / - lam State of Minnesota ) s s. County of �f On this a 7 day of L J �,,� , 199 V , before me personally appeared , who, being duly sworn, did say that this instrument was executed as his, her, or their free act and deed. otary Public '+ ~ .iACKLYN L. lINDSTRCM • NOTARY PUBUC.!rJNESO1 A [2 OMEMO2] I SCOTT COUNTY / My Comm. Expires Juiy 10. 19S3 Attachment - .••4...!•••A.r�•.1.».�...- EXHIBIT 1 9404 5 LOCATION AND LEGAL DESCRIPTION Subject Property A Subject Property A is located at the northwest corner of the alley, that just north of 7th Avenue, and Minnesota Street. Address: Shakopee, Minnesota P.I.D. Number: 27-179039-0 Legal Description: Outlot G, Milwaukee Manor First Addition, Scott County, Minnesota. Subject Property B Subject Property B is located at the north side of the alley, that is just north of 7th Avenue, between Minnesota and Dakota Streets. Address: Shakopee, Minnesota P.I.D. Number: 27-179040-0 Legal Description: Outlot H, Milwaukee Manor First Addition, Scott County, Minnesota. Subject Property C Subject Property C is located at the northeast corner of the alley, that just north of 7th Avenue, and Dakota Street. Address: Shakopee, Minnesota P.I.D. Number: 27-179041-0 Legal Description: Outlot I, Milwaukee Manor First Addition, Scott County, Minnesota. Peter J. Patchin&Associates,Inc.